R68. Agriculture and Food, Plant Industry.
R68-7. Utah Pesticide Control Rule.
Promulgated under authority of Section 4-14-106.
(1) "Commercial pesticide applicator" means any person who uses or applies pesticides for hire or compensation, or who makes pesticidal claims, remedies, or advertises for hire or compensation, or who solicits the use of pesticides for hire or compensation.
(2) "Commercial pesticide business license" means a license issued by the department to a business responsible for supervising commercial pesticide applicators employed to apply pesticides on a commercial basis.
(3) "Department" means the Utah Department of Agriculture and Food
(4) "EPA WPS" means the U.S. Environmental Protection Agency (EPA) Worker Protection Standard, or the standards described in 40 CFR 170, as of January 2, 2017, which is herein incorporated by reference.
(5) "EPA WPS Trainer" means a certified pesticide applicator of any type who trains workers and handlers in the WPS requirements and may also be a graduate of an EPA approved WPS Train the Trainer Program.
(6) "Good standing" means a person has no outstanding infractions with the department and does not owe money to the department. A person who has resolved their infractions, entered into and complying with a settlement agreement with the department or who has not exhausted their rights to appeal are potentially excluded from this categorization with department approval.
(7) "Licensee" means the holder of a pesticide applicator license or a commercial pesticide business license issued by the department or a restricted use pesticide dealer.
(8) "Non-commercial pesticide applicator" means any person working as an employee of any entity, firm, or government agency who uses or demonstrates the use of any restricted use pesticide on the entity's property, or any property occupied, managed, or under the direction or authority of any entity, firm, or government agency, and does not require a commercial pesticide applicator's license.
(9) "Pesticide" means the same as the term is defined in Section 4-14-102.
(10) "Pesticide applicator" or "applicator" means a person who:
(a) applies or supervises the application of a pesticide; or
(b) is required by Title 4, Chapter 14 ,Utah Pesticide Control Act, to have a license.
(11) "Person" means an individual or entity
(12) "Private pesticide applicator" means any person who uses, or supervises the use of, any restricted use pesticide for the purpose of producing any agricultural commodity on private property owned, rented, or leased by the pesticide applicator, or on the private property of another, if applied without compensation.
(13) "Qualifying party" means the same as the term is defined in Section 4-14-102.
(14) "Registrant" means the company responsible for the registration of a pesticide product.
(15) "Restricted use pesticide" or "RUP" means any pesticide or pesticide use restricted by the administrator of EPA or by the department.
R68-7-3. Registration of Products.
Pesticide products distributed in Utah shall be registered annually with the department.
(1) Application for registration shall be made to the department on the department website, or on forms prepared and provided by the department, and shall include the following information:
(a) The name, address, telephone number, and email address of the registrant, and the name, address, telephone number, and email address of the company whose name will appear on the label, if other than the registrant;
(b) the name of the pesticide product, including the EPA Registration Number;
(c) a list of the active ingredients;
(d) if the product is an RUP, a general use pesticide, or a product claiming a Federal Insecticide, Fungicide, and Rodenticide Act of 1972 (FIFRA), 7 U.S.C Section 136 et seq Section 25(b) exemption; and
(e) a complete copy of the pesticide product label as it will appear on the pesticide product.
(2) The burden shall be on the registrant to notify the department of any changes to their contact information within 30 days.
(3) The department may require submission of the complete formula of any pesticide if it is deemed necessary for the administration of Title 4, Chapter 14, Utah Pesticide Control Act, FIFRA, or to enforce EPA requirements and guidelines.
(4) The product shall be registered if:
(a) it appears to the department that the composition of the product warrants the proposed claims for the product; and
(b) the product, its labeling, and any other information that may be required to be submitted, complies with the requirements of Title 4, Chapter 14, Utah Pesticide Control Act, FIFRA, and EPA rules, requirements and guidelines
(5) The registrant is responsible for the accuracy and completeness of the information submitted concerning any application for the registration of a pesticide product.
(6) Once a pesticide product is registered no further state registration other than annual renewal is required, provided:
(a) the product remains in the manufacturer's or registrant's original container; and