§ 2-2445a — Certified private applicator's certificate; restrictions; qualifications; examination; fees; reciprocity of certificates

(a) In lieu of obtaining a commercial applicator's certificate under K.S.A. 2-2441a, and amendments thereto, a private applicator's certificate may be applied for by and issued to individuals at least 18 years of age using restricted use pesticides.
(b) Private applicator certification shall only be used for the purpose of producing any agricultural commodity on property owned or rented by the individual or such individual's employer, or on the property of another for no compensation other than the trading of personal services between producers.
(c) (1) Private applicator certification shall not authorize applications in the following categories:
(A) Sodium cyanide predator control;
(B) non-soil fumigation;
(C) aerial application; or
(D) soil fumigation.
(2) Private applicators may obtain commercial applicator certification in order to make applications in any such categories except sodium cyanide predator control.
(3) Sodium fluoroacetate predator control applications shall not be allowed.
(d) (1) A certified private applicator shall successfully pass a written examination.
(2) The secretary may adopt rules and regulations to establish a training program for initial certification as an alternative to the written examination.
(e) Such certificates shall expire on the anniversary of the individual's date of birth occurring in the fifth calendar year following the year of issue and may be renewed for an additional five years by retaking the private applicator examination or by attending recertification training pursuant to K.S.A. 2-2446, and amendments thereto.
(f) Restricted use pesticides may be used only by a certified applicator or by an uncertified applicator working under the direct supervision of a certified applicator. No certification shall be required hereunder for individuals operating under the direct supervision of a certified private applicator, but such supervised applicators shall be at least 18 years of age. If the uncertified applicator is directly supervised by a relative or family member and is applying restricted use pesticides for the purpose of producing any agricultural commodity on property owned or leased by the individual or such individual's relative or family member, then the supervised applicator shall be at least 16 years of age.
(g) Private applicator certification may be issued to individuals who have complied with all other applicable requirements and paid a fee fixed by rules and regulations adopted by the secretary, except that on and after July 1, 2028, such fee shall not exceed $10 and such applicators shall be subject to any testing or initial training fee established in rules and regulations adopted by the secretary, in an amount not to exceed $75.
(h) A certified applicator who holds current certification to apply pesticides as a certified private applicator in any other state or political subdivision of the United States may be exempted from examination for private applicator certification in this state upon payment of proper fees and approval by the secretary.

Legislative History

L. 1977, ch. 3, § 6; L. 1978, ch. 6, § 2; L. 1981, ch. 10, § 1; L. 1982, ch. 4, § 11; L. 1987, ch. 13, § 1; L. 2002, ch. 181, § 7; L. 2004, ch. 85, § 7; L. 2009, ch. 128, § 18; L. 2014, ch. 133, § 4; L. 2017, ch. 86, § 6; L. 2022, ch. 9, § 6; L. 2024, ch. 55, § 8; July 1.