Kentucky Statutes 217.550 – Prohibitions relating to distribution of pesticides
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It shall be unlawful for any person to distribute within this state the following:
(1) Any pesticide which is not registered pursuant to the provisions of KRS § 217.542 to
217.630, and to the provisions of FIFRA;
(2) Any pesticide if any of the claims made for it or any of the directions for its use differ from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided, that in the discretion of the department, a change in the labeling or formulation of a pesticide may be made, within a registration period, without requiring reregistration of the product if the name is not changed and if the registration is amended to reflect such change and if such change will not violate any provisions of FIFRA;
(3) Any pesticide, unless it is in the registrant‘s or the manufacturer’s unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read, a label bearing:
(a) The brand name and address of the manufacturer, registrant or person for whom manufactured;
(b) The name, brand or trademark under which the article is sold; (c) The net weight or measure of the content; and
(d) Any pesticide in containers which are unsafe due to damage.
(4) Any pesticide which contains any substance or substances in quantities highly toxic to man, determined as provided in KRS § 217.542 to KRS § 217.630, unless the label bears, in addition to any other matter required by KRS § 217.542 to KRS § 217.630:
(a) The skull and crossbones;
(b) The word “poison” in red prominently displayed on a background of distinctly contrasting color; and
(c) A statement of a practical treatment, first aid or otherwise, in case of poisoning by the pesticide;
(5) The pesticides commonly known as lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unless they are distinctly colored or discolored as provided by regulations, or any other white powder pesticide which the department, after investigation of and after public hearing on the necessity for such action for the protection of human life and the environment and the feasibility of such coloration or discoloration, shall by regulation, require to be distinctly colored or discolored unless it has been so colored or discolored;
(6) Any pesticide which is adulterated or misbranded, or any device which is misbranded.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 295, sec. 50, effective July 15, 1980. — Amended
1974 Ky. Acts ch. 200, sec. 4. — Created 1956 Ky. Acts ch. 218, sec. 2, effective July
1, 1956.
(1) Any pesticide which is not registered pursuant to the provisions of KRS § 217.542 to
Terms Used In Kentucky Statutes 217.550
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Device: means any instrument or contrivance other than a firearm which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life other than man and other bacteria, virus, or other microorganisms on or in living man or other living animals. See Kentucky Statutes 217.544
- Distribute: means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and, having received, deliver or offer to deliver pesticides in this state. See Kentucky Statutes 217.544
- Environment: includes water, air, land, and all plants and man and other animals living therein and the interrelationships which exist among these. See Kentucky Statutes 217.544
- FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act as amended. See Kentucky Statutes 217.544
- Label: means the written, printed, or graphic matter on, or attached to, the pesticide or device, or to any of its containers or wrappers. See Kentucky Statutes 217.544
- Labeling: means the label and other written, printed, or graphic matter: (a) On the pesticide or device, or any of its containers or wrappers. See Kentucky Statutes 217.544
- Misbranded: means a pesticide is misbranded if:
(a) Its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular. See Kentucky Statutes 217.544 - Person: means any individual, partnership, association, or any organized group of persons whether incorporated or not. See Kentucky Statutes 217.544
- Pesticide: means any substance or mixture of substances intended to prevent, destroy, control, repel, attract, or mitigate any pest. See Kentucky Statutes 217.544
- Registrant: means a person who has registered any pesticide pursuant to the provisions of KRS §. See Kentucky Statutes 217.544
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Violate: includes failure to comply with. See Kentucky Statutes 446.010
217.630, and to the provisions of FIFRA;
(2) Any pesticide if any of the claims made for it or any of the directions for its use differ from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided, that in the discretion of the department, a change in the labeling or formulation of a pesticide may be made, within a registration period, without requiring reregistration of the product if the name is not changed and if the registration is amended to reflect such change and if such change will not violate any provisions of FIFRA;
(3) Any pesticide, unless it is in the registrant‘s or the manufacturer’s unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read, a label bearing:
(a) The brand name and address of the manufacturer, registrant or person for whom manufactured;
(b) The name, brand or trademark under which the article is sold; (c) The net weight or measure of the content; and
(d) Any pesticide in containers which are unsafe due to damage.
(4) Any pesticide which contains any substance or substances in quantities highly toxic to man, determined as provided in KRS § 217.542 to KRS § 217.630, unless the label bears, in addition to any other matter required by KRS § 217.542 to KRS § 217.630:
(a) The skull and crossbones;
(b) The word “poison” in red prominently displayed on a background of distinctly contrasting color; and
(c) A statement of a practical treatment, first aid or otherwise, in case of poisoning by the pesticide;
(5) The pesticides commonly known as lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unless they are distinctly colored or discolored as provided by regulations, or any other white powder pesticide which the department, after investigation of and after public hearing on the necessity for such action for the protection of human life and the environment and the feasibility of such coloration or discoloration, shall by regulation, require to be distinctly colored or discolored unless it has been so colored or discolored;
(6) Any pesticide which is adulterated or misbranded, or any device which is misbranded.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 295, sec. 50, effective July 15, 1980. — Amended
1974 Ky. Acts ch. 200, sec. 4. — Created 1956 Ky. Acts ch. 218, sec. 2, effective July
1, 1956.