217.580 Authority of department.
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<![CDATA[217.580 Authority of department. (1) The department may, after due notice and an opportunity for a hearing: (a) Declare as a pest any form of plant or animal life or virus, except virus, bacteria, or other micro-organisms on or in living man or other living animals, <br>which is injurious to plants, animals, or the environment; (b) Determine whether pesticides registered under the authority of Section 24(c) of FIFRA are highly toxic to man. The definition of highly toxic, as defined in <br>Title 40, Code of Federal Regulations 162.8 as issued or hereafter amended, <br>shall govern the department in this determination; (c) Determine standards of coloring or discoloring for pesticides and to subject pesticides to the requirements for coloration or discoloration if the department <br>determines such requirements are necessary for the protection of health and <br>the environment; (d) Determine pesticides, and quantities of substances contained in pesticides, which are injurious to the environment and shall be guided by EPA <br>regulations in this determination. (2) The department may: (a) Effect the collection and examination of samples of pesticides and devices to determine compliance with the requirements of KRS 217.542 to 217.630, and <br>may at all reasonable hours enter any car, warehouse, store, building, boat, <br>vessel or other place supposed to contain pesticides or devices for the purpose <br>of inspection or sampling and to procure samples for analysis or examination <br>from any lot, package or parcel of pesticides or device; (b) Publish from time to time, in such form as it may deem proper, reports of the results of the analyses of official samples of pesticides distributed within the <br>state; (c) After a public hearing, make appropriate regulations relating to the sale and distribution of pesticides as may be necessary for carrying out the meaning of <br>KRS 217.542 to 217.630, including but not limited to: 1. The safe handling, transportation, storage, display, distribution and <br>disposal of pesticides and their containers; 2. Labeling requirements of all pesticides required to be registered under <br>KRS 217.542 to 217.630; provided, that such regulations shall not <br>impose any requirements for federally registered labels in addition to or <br>different from those required pursuant to FIFRA; and 3. Specify classes of devices which shall be subject to the provisions of <br>KRS 217.542 to 217.630. (d) Cooperate with, and enter into agreements with, any other agency of this state, the United States Environmental Protection Agency, and any other state or <br>agency thereof for the purpose of carrying out the provisions of KRS 217.542 <br>to 217.630. (3) For the purpose of uniformity of requirements between states and the federal government the department may, after a public hearing, adopt regulations in <br>conformity with the primary pesticide standards, particularly as to the labeling, <br>registration requirements and "restricted use pesticides" as established by EPA or <br>other federal or state agencies. Effective: July 15, 1980 <br>History: Amended 1980 Ky. Acts ch. 295, sec. 55, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 200, sec. 9. -- Created 1956 Ky. Acts ch. 218, sec. 6, effective July <br>1, 1956. ]]>