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217B.300 Definitions -- Notification and information requirements -- Records.

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217B.300 Definitions -- Notification and information requirements -- Records. (1) The following definitions apply to this section: (a) &quot;Application&quot; means the spreading of lawn chemicals in liquid or dry form on a lawn; (b) &quot;Applicator for hire&quot; means any person who makes an application of lawn chemicals to a lawn for compensation, including applications made by an <br>employee to lawns owned, occupied or managed by his employer; (c) &quot;Customer&quot; means a person who makes a contract, either written or verbal, with an applicator for hire to apply a pesticide to a lawn; (d) &quot;Lawn&quot; means land area covered with turf kept closely mown, except land areas used for agricultural production, commercial production of turf, or land <br>situated within three (3) feet of the foundation of a structure when a pesticide <br>is applied to this area as a preventive or control measure for structural pests; (e) &quot;Lawn chemicals&quot; means fertilizers, pesticides, or defoliants applied or intended for application to lawns; (f) &quot;Structural pest&quot; means a pest which commonly invades or attacks dwellings or structures; and (g) &quot;Turf&quot; means the upper stratum of soils bound by grass and plant roots into a thick mat. (2) The following notification requirements shall be met: (a) An applicator for hire shall provide a customer at the time of entering into a contract, with written information concerning lawn chemicals, application <br>procedures, and other general guidelines about the safe use of lawn chemicals; (b) Immediately following application of lawn chemicals to a lawn, the applicator shall place a lawn marker at a prominent location in the lawn; (c) The lawn marker shall consist of, at a minimum, a four (4) inch by five (5) inch white sign attached to the upper portion of a dowel or other supporting <br>device of not less than twelve (12) inches in length; (d) Lettering on the lawn marker shall be in a contrasting color and shall read on one side &quot;LAWN CARE APPLICATION - PLEASE STAY OFF GRASS <br>UNTIL DRY&quot; in letters easily readable and not less than three-eighths (3/8) <br>inches in height. The lawn marker may also display a symbol depicting the <br>required message and the name, logo, and service mark of the applicator; (e) The lawn marker shall be removed and discarded by the property owner or resident, or other person authorized by the property owner or resident, the day <br>following application; (f) For applications to residential properties of three (3) families or less, the applicator shall place one (1) lawn marker per property; and (g) For applications to properties other than residential property of three (3) families or less, the applicator shall place lawn markers at primary points of <br>entry to the property to provide notice that lawn chemicals have been applied <br>to the lawn. (3) At the time of application of lawn chemicals to a lawn, an applicator for hire shall provide the following information to the customer, either homeowner or landlord, <br>for each lawn chemical used, and shall record and maintain at the business address <br>the following information relating to the application of each lawn chemical: <br>(a) The brand name or common name of the pesticide applied; <br>(b) The pesticide type; <br>(c) The fertilize rate and analysis; <br>(d) The reason for use; <br>(e) The concentration of end use product applied to the lawn, the rate of application, and the total gallons of end use product applied to the lawn; (f) Any special instruction appearing on the label of the lawn chemical product applicable to the customer's use of the lawn following application and any <br>other precautionary or hazard information appearing on the label as applicable <br>to the end use concentration; (g) The name and the state applicator license or certificate number of the individual actually making the application; (h) Customer name, address, and date of application; and <br>(i) Total area of lawn treated. (4) Any customer of an applicator for hire, or a neighbor whose residence is adjoining to a customer of an applicator for hire, may request prior notification twenty-four <br>(24) to forty-eight (48) hours in advance of an application by contacting the <br>applicator for hire and providing his name, address, and telephone number. In this <br>event, the applicator for hire shall provide notification in writing, in person, or by <br>telephone, of the date and approximate time of application. If an applicator for hire <br>is unable to provide prior notification to a customer or neighbor because of the <br>absence or inaccessibility of the individual, the applicator shall leave a written <br>notice at the residence. Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 172, sec. 22, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 85, sec. 1, effective January 1, 1991.