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Agriculture and Food - Plant Industry - Utah Pesticide Control Rule


Published: 2021-09-01

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R68. Agriculture and Food, Plant Industry.
R68-7. Utah Pesticide Control Rule.
R68-7-1. Authority.
Promulgated under authority of Section 4-14-106.
R68-7-2. Definitions.
(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
(b) the claims made for it, the directions for its use, and other labeling information does not differ in substance from the representations made in connection with the registration.
(7) If the name of a pesticide product is changed or there are changes in the product ingredients, a new registration is required. Other labeling changes do not require a new registration, but the registrant shall submit copies of any changes to the department as soon as they are effective.
(8) If a registered pesticide product is to be discontinued for any reason, except when suspended or canceled by the EPA, the licensee shall provide notice of discontinuation to the department.
(a) The department requires that a product be registered for a two-year discontinuation period starting from the date of the notice of discontinuation.
(b) If a product is found in commercial trade after the discontinuation period, the department shall require that the registrant register the product as outlined in Section 4-14-103.
(c) If a product is suspended or canceled by the EPA, the product shall be removed as quickly as reasonably possible from sale in Utah.
(9) The department may exempt, in its sole discretion, any pesticide that is determined either:
(a) to be adequately regulated by a federal agency; or
(b) to be of a character that is not subject to FIFRA.
(10) A registrant who desires to register a pesticide to meet special local needs pursuant to FIFRA Section 24(c) shall comply with Section 4-14-103.
(11) No registration is required for a pesticide distributed in Utah pursuant to an experimental use permit issued by the EPA or under Section 4-14-105.
(12) A registration fee determined by the department, pursuant to Subsection 4-2-103(2), shall be paid annually for each product.
(13) Each registration is renewed for a period of one year upon payment of the annual renewal fee determined by the department, pursuant to Subsection 4-2-103(2). The renewal fee shall be paid on or before June 30 of each year. If the renewal of a pesticide registration is not received prior to July 1 of each year, an additional fee determined by the department, pursuant to Subsection 4-2-103(2), shall be assessed and added to the original registration fee, and shall be paid by the applicant before the registration renewal for that pesticide will be issued.
R68-7-4. Product Labeling.
(1) Each container of pesticide distributed in Utah shall bear a label showing the information set forth in Section 4-14-104.
(2) Each pesticide label shall contain the statements, words, graphic material, and any other information required by the EPA in 40 CFR 156.
R68-7-5. Classification of Pesticides.
(1) The department shall classify each pesticide product registered in Utah for either restricted use or general use according to standards consistent with FIFRA Section 3.
(2) The department may also classify other substances as pesticides or restrict the use of any substance as a pesticide if the department determines, in its sole discretion, that such a substance may pose a risk to the health or safety of the public or the environment.
(3) Restricted use pesticides shall not be used by any person that does not have a valid pesticide applicator license with the appropriate category for its use, except they may be used by:
(a) a pesticide handler, supervised by a certified pesticide applicator under the EPA WPS and who meets the qualifications in Subsection R68-7-6(6); or
(b) a pesticide handler acting upon an emergency use permit issued under this rule.
R68-7-6. Certification of Pesticide Applicators.
(1) A pesticide applicator shall be certified by the department as a commercial pesticide applicator, non-commercial pesticide applicator, or a private pesticide applicator.
(2) A pesticide applicator shall comply with FIFRA and Title 4, Chapter 14, Utah Pesticide Control Act.
(3) A pesticide applicator shall follow the directions on a pesticide product label.
(4) To be certified, a pesticide applicator shall be at least eighteen years of age.
(5) A commercial pesticide applicator may use restricted use, general use, or any other classification of pesticide, including FIFRA Section 25(b) products.
(6) A person who is at least 16 years of age may apply restricted use pesticides while under the direct supervision of a certified pesticide applicator, who is also an immediate family member, according to the family exemption of the EPA WPS, if they only apply pesticides on the privately owned agricultural establishment of a certified pesticide applicator who is also an immediate family member.
(7) An EPA WPS trainer is a certified pesticide applicator of any type who trains workers and handlers in the WPS requirements under 40 CFR 170.
(8) An EPA WPS trainer may also be a graduate of an EPA approved WPS Train the Trainer Program, as set forth in 40 CFR 170.
(9) Commercial and non-commercial EPA WPS trainers shall have the Agricultural Pest Control: Plant Pesticide category on their license, pursuant to Section R68-7-8.
R68-7-7. Pesticide Certification Categories.
Pesticide applicators shall also be certified by the department in one or more of the pest control categories defined below:
(1) Agricultural Pest Control.
(a) Plant. This category includes applicators applying pesticides to control pests in the production of agricultural crops including field crops, vegetables, fruits, pasture, rangelands, and non-crop agricultural lands.
(b) Animal. This category includes applicators applying pesticides on animals including beef and dairy cattle, swine, sheep, horses, goats, poultry, and to places on or in which animals inhabit. Doctors of veterinary medicine, or their employees, engaged in applying pesticides for hire, publicly representing themselves as pesticide applicators, or engaged in the use of pesticides, are included in this category.
(2) Forest Pest Control. This category includes applicators applying pesticides in forests, forest nurseries, and forest seed-producing areas.
(3) Ornamental and Turf Pest Control. This category includes applicators applying pesticides to control ornamental and turf pests in the maintenance and production of ornamental trees, shrubs, flowers and turf. This includes controlling pests on sidewalks, driveways, and other similar locations.
(4) Seed Treatment. This category includes applicators applying pesticides on seeds in seed treatment facilities.
(5) Aquatic Pest Control.
(a) Surface Water. This category includes applicators applying pesticides to control pests in standing or running water. This pesticide category does not include applicators engaged in public health related activities included in Subsection R68-7-8(8).
(b) Sewer Root Control. This category includes applicators applying pesticides to control roots in sewers or other related systems.
(6) Right-of-Way Pest Control. This category includes applicators applying pesticides in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way, or other similar areas.
(7) Structural and Health Related Pest Control. This category includes applicators applying pesticides in, on, or around any public or private food handling establishment; dwelling, educational institution, or medical institution; industrial building; business establishment; packing house; food-processing facility; prison; manufacturing facility; grain elevator; or any other structure or area, or immediately adjacent structure or area, to control pests. This category excludes any fumigation pesticide applications. This category includes applicators applying pesticides on vertebrate pests in buildings and structures, and immediately adjacent to, or no further than three feet from, buildings and structures. If the label for a structural pesticide permits the use of the pesticide more than three feet from the structure, then the pesticide may be used beyond three feet from the structure, but may not exceed the maximum distance permitted by the label.
(8) Public Health Pest Control.
(a) Commercial. This category is limited to commercial pesticide applicators who apply pesticides for the management and control of pests due to issues of medical and public health importance. This category is only valid when the pesticide applicator is actively contracted by a government entity, and is actively engaged in applying pesticides for that government entity.
(b) Non-Commercial. This category is limited to state and federal employees, county or city governments, or persons under their direct supervision, who apply pesticides in government-sponsored public health programs for the management and control of pests due to issues of medical and public health importance.
(9) Regulatory Pest Control. This category is limited to state and federal employees who:
(a) apply pesticides in a mechanical ejection device; or
(b) apply pesticides in a protective collar or other method to control regulated pests.
(10) Demonstration, Consultation, and Research Pest Control. This category includes individuals who demonstrate or provide instruction to the public in the proper use, techniques, benefits, and methods of applying restricted use pesticides. This category includes agricultural compliance specialists, educational and university personnel, commercial business representatives, consultants and advisors, and persons conducting field research with restricted use pesticides. In addition to certification in this pesticide category, individuals shall also meet specific standards that may be applicable to their particular pesticide category.
(11) Aerial Application Pest Control. This category includes applicators applying pesticides by airplane, drone, helicopter, or any other type of aircraft. Aerial applicators are required to be certified in the Aerial Application Pest Control category, along with any other applicable pest control category for any intended pesticide application. Aerial pesticide applicators shall also possess a valid commercial pilot license, or equivalent remote pilot certifications, issued by the Federal Aviation Administration (FAA).
(12) Vertebrate Animal Pest Control. This category includes applicators applying pesticides for the outdoor control of vertebrate pests, such as rodents, birds, bats, predators, or domestic animal pests.
(13) Fumigation Pest Control.
(a) Stored Commodities. This category includes applicators applying fumigants to control pests in, on, or around stored grains, grain elevators, mills, structures, railroad cars, manufactured products, or similar areas or items.
(b) Structural. This category includes applicators applying fumigants to control pests while additionally tenting, sealing with filling, or completely enclosing a structure.
(c) Soil. This category includes applicators applying fumigants in and on the soil of agricultural locations.
(14) Wood Preservation Pest Control. This category includes applicators applying preservative pesticides to wood products, such as fence posts, electrical poles, railroad ties, or any other form of wood product.
(15) Wood Destroying Organisms Pest Control. This category includes applicators applying pesticides to control wood destroying pests, termites, carpenter ants, wood-boring or tunneling insects, bees, wasps, wood-decaying fungi, and any other pests destroying wood products.
R68-7-8. Standards of Competence for Certification of Pesticide Applicators and Pesticide Businesses.
(1) Pesticide applicators shall be at least 18 years of age in order to obtain a commercial, non-commercial, or private pesticide applicator license.
(2) The basic standards for certification of pesticide applicators have been established by the EPA, and shall be the minimum standards required for certification of pesticide applicators in Utah.
(3) Commercial and non-commercial pesticide applicators shall demonstrate competency and practical knowledge by successfully completing the written pesticide applicator core test and any additional pesticide category tests. The pesticide applicator tests shall include core standards applicable to each pesticide category, and the standards specifically identified for each pesticide category, or subcategory, as set forth in 40 C.F.R 171.103, and the EPA-approved Utah State Pesticide Applicator Certification Plan, including;
(a) familiarity with pesticide labels and labeling and their functions, including each of the following:
(i) the general format and terminology of pesticide labels and labeling;
(ii) understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels
and labeling;
(iii) understanding that it is a violation of federal law to use any registered pesticide in a manner inconsistent with its
labeling;
(iv) understanding labeling requirements that a certified applicator must be physically present at the site of the
application;
(v) understanding labeling requirements for supervising non-certified applicators working under the direct supervision
of a certified applicator;
(vi) understanding that applicators shall comply with any use restrictions and directions for use contained in pesticide
labels and labeling, including being certified in the certification category appropriate to the type and site of the application;
(vii) understanding the meaning of product classification as either general or restricted use and that a product may be
unclassified;
(viii) understanding and complying with product-specific notification requirements; and
(ix) recognizing and understanding the difference between mandatory and advisory labeling language;
(b) safety measures to avoid or minimize adverse health effects, including each of the following:
(i) understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects
of pesticides;
(ii) understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;
(iii) recognition of likely ways in which dermal, inhalation, and oral exposure may occur;
(iv) common types and causes of pesticide mishaps;
(v) precautions to prevent injury to applicators and other individuals in or near treated areas;
(vi) need for, and proper use of, protective clothing and personal protective equipment;
(vii) symptoms of pesticide poisoning;
(viii) first aid and other procedures to be followed in case of a pesticide mishap; and
(ix) proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used
pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers;
(c) the potential environmental consequences of the use and misuse of pesticides, including the influence of each of the
following:
(i) weather and other indoor and outdoor climatic conditions;
(ii) types of terrain, soil, or other substrate;
(iii) presence of fish, wildlife, and other non-target organisms; and
(iv) drainage patterns;
(d) the proper identification and effective control of pests, including each of the following:
(i) the importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control;
and
(ii) verifying that the labeling does not prohibit the use of the product to control the target pests;
(e) characteristics of pesticides, including each of the following:
(i) types of pesticides;
(ii) types of formulations;
(iii) compatibility, synergism, persistence, and animal and plant toxicity of the formulations;
(iv) hazards and residues associated with use;
(v) factors that influence effectiveness or lead to problems such as pesticide resistance; and
(vi) dilution procedures;
(f) application equipment, including each of the following:
(i) types of equipment and advantages and limitations of each type; and
(ii) use, maintenance, and calibration procedures;
(g) selecting appropriate application methods, including each of the following:
(i) methods used to apply various forms and formulations of pesticides;
(ii) knowledge of which application method to use in a given situation and that use of a fumigant, aerial application,
sodium cyanide, or sodium fluoroacetate requires additional certification;
(iii) how selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use,
and misuse; and
(iv) prevention of drift and pesticide loss into the environment;
(h) knowledge of all applicable state, tribal, and federal laws and regulations.; and
(i) professionalism, including understanding the importance of each of the following:
(i) maintaining chemical security for restricted use pesticides;
(ii) how to communicate information about pesticide exposures and risks with customers and the public; and
(iii) appropriate product stewardship for certified applicators.
(4) The standards for commercial, non-commercial, and private applicators do not apply to the following persons for the purposes of this rule:
(a) persons conducting research involving restricted use pesticides;
(b) doctors of medicine and doctors of veterinary medicine applying pesticides, drugs, or medication during the course of their normal practice, and who do not publicly represent themselves as pesticide applicators;
(c) persons using a general use disinfectant, sanitizer, or deodorizer commercially, and not for the control of insects, weeds, rodents, or similar pests, or use in settings outside of a structure; or
(d) persons using a general use fungicide for interior structural cleaning or interior structural mold remediation.
(5) Aerial Pesticide Applicator. An aerial pesticide applicator shall demonstrate competence and practical knowledge of aerial pest control in a wide variety of environments by successfully completing the aerial pesticide applicator test. Aerial pesticide applicators shall have knowledge of the significance of drift, and of the potential for non-target injury and environmental contamination. Aerial pesticide applicators shall obtain the Aerial Application Pest Control category certification, along with any additional pesticide category certifications for which they shall apply pesticides. Aerial pesticide applicators shall comply with each standard set forth by the FAA, and shall submit proof of current registration with the FAA as an additional requirement for receiving an aerial pesticide applicator certification.
(6) Private Pesticide Applicator. A private pesticide applicator shall demonstrate competence and practical knowledge by successfully completing the private pesticide applicator test, and any required additional pesticide category tests. This knowledge shall include the basic standards for certification of private applicators set forth in 40 CFR 171.105. This includes:
(a) familiarity with pesticide labels and labeling and their functions, including each of the following:
(i) the general format and terminology of pesticide labels and labeling;
(ii) understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;
(iii) understanding that it is a violation of federal law to use any registered pesticide in a manner inconsistent with its labeling;
(iv) understanding when a certified applicator shall be physically present at the site of the application based on labeling requirements;
(v) Understanding labeling requirements for supervising non-certified applicators working under the direct supervision of a certified applicator;
(vi) understanding that applicators shall comply with each use restriction and directions for use contained in pesticide labels and labeling, including being certified in the appropriate category to use restricted use pesticides for fumigation or aerial application, or predator control devices containing sodium cyanide or sodium fluoroacetate, if applicable;
(vii) understanding the meaning of product classification as either general or restricted use, and that a product may be unclassified;
(viii) understanding and complying with product-specific notification requirements; and
(ix) recognizing and understanding the difference between mandatory and advisory labeling language;
(b) safety measures to avoid or minimize adverse health effects, including each of the following:
(i) understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides;
(ii) understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;
(iii) recognition of likely ways in which dermal, inhalation, and oral exposure may occur;
(iv) common types and causes of pesticide mishaps;
(v) precautions to prevent injury to applicators and other individuals in or near treated areas;
(vi) need for, and proper use of, protective clothing and personal protective equipment;
(vii) symptoms of pesticide poisoning;
(viii) first aid and other procedures to be followed in case of a pesticide mishap; and
(ix) proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers;
(c) the potential environmental consequences of the use and misuse of pesticides, including the influence of the following:
(i) weather and other climatic conditions;
(ii) types of terrain, soil, or other substrate;
(iii) presence of fish, wildlife, and other non-target organisms; and
(iv) drainage patterns;
(d) the proper identification and effective control of pests, including each of the following:
(i) the importance of correctly identifying target pests and selecting the proper pesticide product; and
(ii) verifying that the labeling does not prohibit the use of the product to control the target pests;
(e) characteristics of pesticides, including all of the following:
(i) types of pesticides;
(ii) types of formulations;
(iii) compatibility, synergism, persistence, and animal and plant toxicity of the formulations;
(iv) hazards and residues associated with use;
(v) factors that influence effectiveness or lead to problems such as pesticide resistance; and
(vi) dilution procedures;
(f) application equipment, including each of the following:
(i) types of equipment and advantages and limitations of each type; and
(ii) uses, maintenance, and calibration procedures;
(g) selecting appropriate application methods, including each of the following:
(i) methods used to apply various forms and formulations of pesticides;
(ii) knowledge of which application method to use in a given situation and that use of a fumigant, aerial application, or predator control device containing sodium cyanide or sodium fluoroacetate requires additional certification;
(iii) how selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse; and
(iv) prevention of drift and pesticide loss into the environment;
(h) knowledge of each applicable state, tribal, and federal laws and regulations, including understanding the WPS and the circumstances where compliance is required;
(i) certified applicator responsibilities related to supervision of non-certified applicators, including each of the following:
(i) understanding and complying with requirements in 40 C.F.R. 171.201 for private applicators who supervise non-certified applicators using restricted use pesticides;
(ii) providing use-specific instructions to non-certified applicators using restricted use pesticides under the direct supervision of a certified applicator; and
(iii) explaining appropriate state, tribal, and federal laws and regulations to non-certified applicators working under the direct supervision of a certified applicator;
(j) understanding stewardship and the importance of each of the following:
(i) maintaining chemical security for restricted use pesticides; and
(ii) how to communicate information about pesticide exposures and risks with agricultural workers and handlers and other persons;
(k) practical knowledge of pest control applications to agricultural commodities including each of the following:
(i) specific pests of relevant agricultural commodities;
(ii) how to avoid contamination of ground and surface waters;
(iii) understanding pre-harvest and restricted entry intervals and entry-restricted periods and areas;
(iv) understanding specific pesticide toxicity and residue potential when pesticides are applied to animal or animal product agricultural commodities; and
(v) relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment.
(7) A licensed private pesticide applicator that functions in a supervisory role shall be responsible for the actions of any non-certified pesticide handlers under their instruction and control.
(8) A private pesticide applicator shall provide non-certified pesticide handlers under their supervision instructions on the EPA WPS pesticide handler applicator training, and keep records of having provided these instructions for a period of two years.
(9) A private pesticide applicator shall be physically present to supervise the application of any pesticide by a non-certified handler, if such presence is required by the label of the pesticide being applied.
R68-7-9. Pesticide Applicator Licensing and Certification Procedures.
(1) Commercial Pesticide Applicator and Commercial Pesticide Business License Required.
(a) Each person performing the physical act of applying a pesticide, shall be certified by the department and have a valid license issued by the department. No person shall apply, advertise for, solicit, or hold oneself out as willing to engage in the business of applying any pesticide for hire or compensation to the land or property of another at any time without becoming certified as a pesticide applicator, obtaining a commercial pesticide applicator license, and:
(i) obtaining a commercial pesticide business license, as described in Section 4-14-111 issued by the department; or
(ii) working for a company that has already obtained a commercial pesticide business license.
(b) The fees for a commercial pesticide applicator license and a commercial pesticide business license, shall be determined in accordance with Subsection 4-2-103(2) and Section 63J-1-504.
(c) A commercial pesticide applicator license is required for any individual who applies pesticides for a commercial business. No person shall purchase, use, or demonstrate the use of, any restricted use pesticide, or shall apply any pesticide for a commercial business, without becoming certified and obtaining a commercial pesticide applicator license issued by the department.
(2) An applicant for a commercial pesticide applicator license shall:
(a) complete an application on the department's website or on forms prepared and provided by the department; and
(b) pay the licensing fees.
(c) A license will only be issued after the applicant has successfully passed the required pesticide applicator tests to become certified, or after recertifying according to the Continuing Education Unit (CEU) requirements.
(d) A testing fee, retest fee, or any related fee, may be determined by department approved testing centers, according to their own individual policies.
(3) An applicant for a commercial pesticide business license shall:
(a) complete an application form provided by the department;
(b) pay the licensing fee;
(c) be in good standing with the department;
(d) demonstrate good character; and
(e) provide evidence that the owner or qualifying party:
(i) is a certified pesticide applicator in the State of Utah;
(ii) is not a designated qualifying party or employee with any other pesticide applicator business;
(iii) has been a certified pesticide applicator for at least two years out of the ten years immediately prior to the date of the commercial pesticide business application; or
(iv) holds an associate degree, or higher, in horticulture, agricultural sciences, biological sciences, pest management, or a related and relevant science degree.
(f) A person applying for a commercial pesticide business license may be exempted from the two year certification requirement if the individual's and entity's sole use of pesticides is limited to:
(i) providing ornamental and turf herbicide spot treatment services as part of a lawn maintenance service; and
(ii) using herbicides with labels that contain the signal word "caution" or "warning".
(g) A commercial pesticide business operating under more than one business identity or name, from a single business location, shall be licensed separately for each business identity or name.
(h) A commercial pesticide business with a single business identity or name, but operating from more than one business location, shall be licensed at each separate business location. Business locations that are used only for pesticide storage and mixing purposes are exempt from licensing requirements, but shall be disclosed to the department.
(i) The department may require a commercial pesticide business license applicant to change their requested business name. This may occur if the applicant requests a business name that is the same, or closely resembles, the name of a currently licensed commercial pesticide business. The department may additionally require a commercial pesticide business, or commercial pesticide business license applicant, to change their business name if the business name could reasonably cause public confusion, public alarm, or public offense. Any determination made pursuant to this subsection shall be at the sole discretion of the department in coordination with the state Division of Corporations. The purpose of this subsection is to ensure compliance with current guidance from the Division of Corporations. The department shall prioritize licensing a business name that is registered with the Division of Corporations
(j) Each licensed commercial pesticide business location shall have a minimum of one certified commercial pesticide applicator at that location who is certified in each pesticide category for which pesticide applications are made.
(k) A franchised commercial pesticide business licensee shall have a separate commercial pesticide business license and a separate certified commercial pesticide applicator at each business location. Additionally, franchised businesses shall be distinctly identifiable from one another, to avoid departmental and public confusion, by adding unique words or numbers to distinguish the different businesses.
(l) If a commercial pesticide business licensee uses a Doing Business As (DBA) name, it shall be listed on the pesticide business application along with the company name. A business may list more than one assumed name on a single registration application. Any DBA shall be registered and active with the Division of Corporations.
R68-7-10. Commercial Pesticide Applicator and Commercial Pesticide Business Testing Procedures.
(1) Commercial Pesticide Applicator Testing. To become certified, an applicant for a commercial pesticide applicator license shall demonstrate competency and knowledge of pesticide applications, laws, and other relevant subjects by successfully completing the required pesticide applicator tests and department application forms. Each pesticide applicator test shall be proctored at a department approved testing center.
(a) An applicant shall first pay any licensing fees to the department, and obtain a receipt of license payment.
(b) An applicant shall find a testing center from a list of approved testing centers on the department's website.
(c) An applicant shall schedule each required pesticide applicator test with a testing center.
(d) Fees for testing may be established and charged by the testing center, including those operated by the department.
(e) An applicant may acquire study materials from the department website or purchase them from a separate vendor.
(f) An applicant shall present their receipt of license payment from the department, and valid government issued identification, to the proctor at the applicant's chosen testing center.
(g) Cheating, ejection from testing, or failure to follow the rules of the department or testing center shall, at the discretion of the department, constitute a violation of this rule and may serve as a basis for a denial of a license application . Applicants are subject to state and federal law and department rules and policies regardless of whether the applicant successfully passes or not.
(h) The pesticide applicator core test must be successfully completed with a minimum score of 70% before any pesticide category tests may be attempted.
(i) At least one pesticide category test shall be taken and successfully completed with a minimum score of 70% before a license may be obtained.
(j) The steps to re-certify solely by testing are the same as for an initial applicant. The pesticide applicator core test must be successfully completed with a minimum score of 70% before any pesticide category tests may be attempted.
(k) Upon the successful completion of the appropriate pesticide applicator tests, the applicant shall complete the department's completion form, which can be found online in the testing program.
(l) when the completion form has been submitted, a license may be issued.
(m) The rules of a testing center, if more restrictive than those of the department, shall take precedence over those of the department during the administration of pesticide applicator tests.
(n) If the minimum score of 70% is not obtained after two attempts, the person taking the tests shall wait at least 24 hours, pay any additional retest fees to the testing center, and begin retesting on any failed tests.
(2) Commercial Pesticide Business Testing. The test shall be taken by the owner, principal agent, manager, or designated qualifying party, and that individual shall be bound by the rules for a commercial pesticide business contained in Subsection R68-7-10(1).
(a) Business license tests may be taken on any computer with internet access.
(b) In the event the individual taking the test does not successfully pass the test with a minimum score of 70%, a commercial pesticide business license shall not be issued.
R68-7-11. Commercial Pesticide Applicator and Commercial Pesticide Business License Issuance.
(1) A temporary pesticide applicator permit shall be issued automatically by email following the successful completion of the pesticide applicator core test in conjunction with each pesticide category test and provided each other department requirement is met. The temporary permit will expire 30 days from the date it was issued. The pesticide applicator core test must be successfully completed with a minimum score of 70% before any pesticide category tests may be attempted. A temporary pesticide applicator permit is invalid if only the pesticide applicator core test is successfully completed and no additional pesticide category test is successfully completed.
(2) The pesticide applicator and pesticide business is responsible for verifying that their license has been processed by the department.
(3) A commercial pesticide applicator license or a commercial pesticide business license shall be issued when the following conditions have been met:
(a) the applicant has submitted an application form to the department;
(b) any required fees have been paid;
(c) the applicant is in good standing with the department;
(d) the applicant has successfully passed the appropriate tests to apply pesticides in the classifications and categories for which they have applied; and
(e) the applicant for the qualifying party for the pesticide business license meets the requirements in Section 4-14-111.
(4) A commercial pesticide applicator license shall expire on December 31 of the third calendar year from the time of licensure, unless it has been revoked or suspended by the department for cause, which may include any combination of the unlawful acts listed in Section R68-7-20.
(5) If an application for a commercial pesticide applicator license or commercial pesticide business license is denied, the applicant shall be informed of the reason by email or mail.
(6) A pesticide applicator is required to have their license in their immediate possession when making a pesticide application.
(7) If a pesticide applicator requests a duplicate license from the department, a fee determined by the department, pursuant to Subsection 4-2-103(2), shall be paid. The pesticide applicator must be in good standing, having no unresolved violations or fines, before a replacement license shall be issued.
(8) A commercial pesticide business license shall be required for each commercial pesticide business location, other than locations used only to store and load pesticides.
(9) A new commercial pesticide applicator or commercial pesticide business license applicant who completes an application completed between November 1 and December 31 shall be licensed for the remainder of that year and the following three calendar years.
(10) Commercial Pesticide Applicator and Commercial Pesticide Business License Recertification and Renewal.
(a) Each commercial pesticide applicator and commercial pesticide business license shall expire on December 31 of the third calendar year following its issuance.
(b) Commercial pesticide applicators shall recertify before their license expires, and may be subject to re-examination at any time during their valid license period.
(c) Recertification options include:
(i) completion of the original certification process by taking the required pesticide core and pesticide category tests and successfully completing each required test with a minimum score of 70%; or
(ii) participation in approved CEUs and accumulating the required amount of 24 total CEU credits during the licensure period. A minimum of two credits in law, six in safety, and ten in pesticide use are required, while any combination of the three categories may be used for the remaining six credits.
(d) The qualifying party for a commercial pesticide business shall complete the related commercial pesticide business test every three years.
(11) Records Maintained. Commercial applicators shall keep and maintain records of any pesticide applications.
(a) These records shall be recorded within 24 hours after the pesticide application is made.
(b) The application records shall include the following information:
(i) the name and address of the person or entity for whom the pesticide is applied;
(ii) the address of the pesticide application location, if the pesticide application location differs from Subsection R68-7-11(11)(a)(i) ;
(iii) the total square footage or total size of the area to be treated with pesticides;
(iv) a description of the specific target sites, crops, commodities, or stored products at the pesticide application location to which any pesticides are applied;
(v) the time and date, including the month, day, and year when the pesticide was applied;
(vi) the brand name of the pesticides, EPA registration number, and mix rate for any pesticides applied;
(vii) the total amount of pesticides, including diluted or ready-to-use (RTU) pesticides, applied per location and per application;
(viii) the purpose of the pesticide application, the pesticide target site, and pest to be treated;
(ix) the name, commercial pesticide business address, and commercial pesticide applicator license number of the certified commercial pesticide applicator who applied the pesticides; and
(c) Records shall be kept for a period of at least two years from the date of the pesticide application and shall be available for inspection by the department upon request.
(d) Records shall be furnished in a uniform format.
(12) Notwithstanding the requirements of this section, the department may give consideration to political subdivisions of the state, or a non-profit organization, regarding their need to obtain a Commercial Pesticide Business License or the requirement of their applicators to obtain a Commercial Pesticide Applicator License.
(a) Consideration shall be given to political subdivisions if their charter includes a fee for pesticide services or products.
(b) Non-profit organizations may not need to obtain the commercial pesticide business license or the commercial pesticide applicator license to receive reimbursement for applications made on public land owned by the federal government or the state.
(c) Application or distribution of restricted use pesticides shall be done in accordance with this rule.
R68-7-12. Non-Commercial Pesticide Applicators.
(1) Non-Commercial Pesticide Applicator License Required. A non-commercial pesticide applicator license is required for applying restricted use pesticides for a city, county, state, or federal government entity, or for corporations, businesses, or any other entity, that does not require a commercial pesticide applicator license. No person shall purchase, use, or demonstrate the use of any restricted use pesticide without becoming certified and obtaining a non-commercial pesticide applicator license issued by the department. Each person performing the physical act of applying restricted use pesticides shall be certified and have a valid non-commercial pesticide applicator license.
(2) Non-Commercial Pesticide Applicator Application and Fee Requirements. The fees for a non-commercial pesticide applicator license shall be determined in accordance with Subsection 4-2-103(2) and Section 63J-1-504.
(a) An application for a non-commercial pesticide applicator license shall be made