7/1/2017Utah Pesticide Control ActAmended by Chapter 478, 2026 General Session2026Definitions.As used in this chapter:"Active ingredient" means an ingredient that:prevents, destroys, repels, controls, or mitigates pests; oracts as a plant regulator, defoliant, or desiccant."Animal" means a vertebrate or invertebrate species."Beneficial insect" means an insect that is:an effective pollinator of plants;a parasite or predator of pests; orotherwise beneficial."Certified applicator" means an individual who is licensed by the department to apply:a restricted use pesticide; ora general use pesticide for hire or in exchange for compensation."Defoliant" means a substance or mixture intended to cause leaves or foliage to drop from a plant, with or without causing abscission."Desiccant" means a substance or mixture intended to artificially accelerate the drying of plant or animal tissue."Distribute" means to offer for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state."Environment" means all living plants and animals, water, air, land, and the interrelationships that exist between them."Equipment" means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide."Equipment" does not mean any pressurized hand-sized household apparatus used to apply a pesticide or any equipment or contrivance used to apply a pesticide that is dependent solely upon energy expelled by the person making the pesticide application."EPA" means the United States Environmental Protection Agency."FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act."Fungus" means a nonchlorophyll-bearing thallophyte or a nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust, smut, mildew, mold, yeast, and bacteria."Fungus" does not include fungus existing on or in:a living person or other animal; orprocessed food, beverages, or pharmaceuticals."Herbicide" means a substance that is toxic to plants and is used to control or eliminate unwanted vegetation."Insect" means an invertebrate animal generally having a more or less obviously segmented body:usually belonging to the Class Insecta, comprising six-legged, usually winged forms, including beetles, bugs, bees, and flies; andallied classes of arthropods that are wingless usually having more than six legs, including spiders, mites, ticks, centipedes, and wood lice."Label" means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide."Labeling" means a label or other written, printed, or graphic matter:accompanying a pesticide or equipment; orto which reference is made on the label or in literature accompanying a pesticide or equipment."Labeling" does not include a written, printed, or graphic matter created by the EPA, the United States Departments of Agriculture or Interior, the United States Department of Health, Education, and Welfare, state experimental stations, state agricultural colleges, and other federal or state institutions or agencies authorized by law to conduct research in the field of pesticides."Land" means land, water, air, and plants, animals, structures, buildings, contrivances, and machinery appurtenant or situated on land, water, air, or a plant, animal, structure, or contrivance, whether fixed or mobile, including any used for transportation."Misbranded" means any label or labeling that is false or misleading or that does not strictly comport with the label and labeling requirements set forth in Section 4-14-104."Misuse" means use of any pesticide in a manner inconsistent with the pesticide's label or labeling."Nematode" means invertebrate animals of the Phylum Nemathelminthes and Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, also known as nemas or eelworms."Ornamental and turf technician" means an individual who holds a permit under Subsection 4-14-112(1)."Ornamental and turf weed pest control" means the use of a herbicide to control ornamental and turf pests in the maintenance and protection of an ornamental tree, shrub, flower, or turf."Pest" means:any insect, rodent, nematode, fungus, weed; orany other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest."Pest" does not include:viruses, bacteria, or other microorganisms on or in a living person or other living animal; orprotected wildlife species identified in Section 23A-1-101 that are regulated by the Division of Wildlife Resources in accordance with Sections 23A-2-102, 23A-2-201, 23A-2-301, 23A-2-302, and 23A-2-303."Pesticide" means any:substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest;any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; andany other substance designated by the department by rule."Pesticide applicator business" means an entity that:is authorized to do business in this state; andoffers pesticide application services."Pesticide applicator business" does not include an individual licensed agricultural applicator who may work for hire."Pesticide dealer" means any person who distributes restricted use pesticides."Plant regulator" means any substance or mixture intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or otherwise alter the behavior of ornamental or crop plants."Plant regulator" does not include plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments."Restricted use pesticide" means:a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial insects, animals, or land; orany pesticide or pesticide use restricted by the administrator of EPA or by the commissioner."Salesperson" means an individual who holds a permit under Subsection 4-14-112(2)."Signal word" means a word required on the label of a pesticide under 40 C.F.R. Sec. 156.64 to indicate the toxicity category of the pesticide, including "danger," "warning," or "caution.""Soliciting" means an act to solicit a person to agree to the application of a pesticide as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act."Weed" means any plant that grows where not wanted."Wildlife" means living things that are neither human, domesticated, nor pests.Amended by Chapter 79, 2022 General Session2022Renumbered and Amended by Chapter 345, 2017 General Session2017Registration required for distribution -- Application -- Fees -- Renewal -- Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
A person that is not registered with the department may not distribute a pesticide in this state.
Application for registration shall be made to the department upon forms prescribed and furnished by the department accompanied with an annual registration fee determined by the department pursuant to Subsection 4-2-103(2) for each pesticide registered.
Upon receipt by the department of a proper application and payment of the appropriate fee, the commissioner shall issue a registration to the applicant allowing distribution of the registered pesticide in this state through June 30 of each year, subject to suspension or revocation for cause.
Each registration is renewable for a period of one year upon the payment of an annual registration renewal fee in an amount equal to the current applicable original registration fee.
Each renewal fee shall be paid on or before June 30 of each year.
The application shall include the following information:
the name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's name;
the name of the pesticide;
a complete copy of the label that will appear on the pesticide; and
any information prescribed by rule of the department considered necessary for the safe and effective use of the pesticide.
Except as provided in Subsection (3)(b), forms for the renewal of registration shall be emailed to registrants at least 30 days before the day on which the registrant's registration expires.
If a registrant requests to receive forms for the renewal of registration by mail, the department shall mail the forms to the registrant at least 30 days before the day on which the registrant's registration expires.
A registration in effect on June 30 for which a renewal application has been filed and the registration fee tendered shall continue in effect until the applicant is notified either that the registration is renewed or that the registration is suspended or revoked pursuant to Section 4-14-108.
The department may, before approval of any registration, require the applicant to submit the complete formula of any pesticide, including active and inert ingredients, and may also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on which restrictions are being considered, require a complete description of all tests and test results that support the claims made by the applicant or the manufacturer of the pesticide.
A registrant who desires to register a pesticide to meet special local needs according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and (2), satisfy the department that:
a special local need exists;
the pesticide warrants the claims made for the pesticide;
the pesticide, if used in accordance with commonly accepted practices, will not cause unreasonable adverse effects on the environment; and
the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
A registration is not required for a pesticide distributed in this state pursuant to an experimental use permit issued by the EPA or under Section 4-14-105.
A pesticide dealer may not distribute a restricted use pesticide in this state without a license.
A person shall receive a license before applying:
a restricted use pesticide; or
a general use pesticide for hire or in exchange for compensation.
A license to engage in an activity listed in Subsection (7) or (8) may be obtained by:
submitting an application on a form provided by the department;
showing evidence of competence in the pesticide profession, as established by rule, and complying with the rules adopted by the department under this chapter;
demonstrating good character;
having no outstanding infractions and owing no money to the department; and
paying the license fee determined by the department according to Subsection 4-2-103(2).
A person may apply for a triennial license that expires on December 31 of the second calendar year after the calendar year in which the license is issued.
Notwithstanding Section 63J-1-504, the department shall retain the fees as dedicated credits and may only use the fees to administer and enforce this title.Renumbered and Amended by Chapter 345, 2017 General Session2017Labeling requirement for pesticides specified.
Each container of pesticide distributed in this state shall bear a label setting forth:
the name, brand, or trademark under which the pesticide is distributed;
subject to Subsection (2), an accurate statement of the ingredients on:
the part of the immediate container that is presented or displayed under customary conditions of purchase; and
on the outside container and wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read;
a warning or caution statement if necessary, which, if complied with together with any requirements imposed under Section 3(d) of FIFRA, is adequate to protect health and the environment;
the net weight or measure of the content;
the name and address of the manufacturer, registrant, or person for whom manufactured;
the EPA registration number assigned to each establishment in which the pesticide was produced and the EPA registration number assigned to the pesticide, if required by regulations under FIFRA;
the federal use classification under which the pesticide is registered or designated for "experimental use only"; and
directions for use of the pesticide sufficient to carry out the purposes for which the product is intended and which, if complied with together with any requirements imposed under Section 3(d) of FIFRA, are adequate to protect health and the environment.
An ingredient statement may appear prominently on another part of a container, as permitted under Section 2(q)(2)(A) of FIFRA, if the size or form of the container makes it impractical to place the ingredient statement on the part of the retail package that is presented or displayed under customary conditions of purchase.
If the pesticide is highly toxic the label shall, in addition to the other label requirements, display:
the skull and crossbones;
the word "POISON" in red prominently displayed on a background of distinctly contrasting color; and
a statement of a practical treatment, first aid or otherwise, in case of poisoning by the pesticide.Renumbered and Amended by Chapter 345, 2017 General Session2017Issuance of experimental use permits -- Application -- Terms and conditions for issuance.
The department upon application may:
issue an experimental use permit to any person if the department determines that the applicant needs such a permit in order to accumulate information necessary to register a pesticide under Section 4-14-103; or
refuse to issue an experimental permit if the department determines that issuance is not warranted or that the pesticide use to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
The department may also with respect to issuance of an experimental use permit:
prescribe the terms and conditions for the conduct of the experimental use that in all events shall be under the supervision of the department; and
revoke or modify any experimental use permit if the department determines that the terms or conditions of the experimental use are being violated, or that the terms and conditions prescribed are inadequate to avoid unreasonable adverse effects to the environment.
Application for an experimental use permit may be made before, after, or simultaneously with an application for registration.Amended by Chapter 478, 2026 General Session2026Department authorized to make and enforce rules.The department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to:declare as a pest any form of plant or animal life that is injurious to health or the environment, except:a human being; ora bacteria, virus, or other microorganism on or in a living person or animal;establish, in accordance with the regulations issued by the EPA under 7 U.S.C. Sec. 136w(c)(2), whether pesticides registered for special local needs under the authority of 7 U.S.C. Sec. 136v(c) are highly toxic to man;establish, consistent with EPA regulations, that certain pesticides or quantities of substances contained in these pesticides are injurious to the environment;adopt a list of "restricted use pesticides" for the state or designated areas within the state if the department determines upon substantial evidence presented at a public hearing that restricted use is necessary to prevent damage to property or to the environment;establish qualifications for a pesticide applicator business; establish the training and supervision requirements described in Subsection 4-14-112(1) for an ornamental and turf technician;establish what constitutes soliciting the application of a pesticide by, and the training requirements described in Subsection 4-14-112(2) for a salesperson; andadopt any rule, not inconsistent with federal regulations issued under FIFRA, considered necessary to administer and enforce this chapter, including rules relating to the sale, distribution, use, and disposition of pesticides if necessary to prevent damage and to protect the public health.The department shall report to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the 2026 November interim meeting of that committee regarding a rule made under this chapter to implement requirements related to an ornamental and turf technician or salesperson permitted under Section 4-14-112.Renumbered and Amended by Chapter 345, 2017 General Session2017Enforcement -- Inspection and sampling authorized -- Notice of deficiency to be given registrant -- Objects of inspection delineated -- Warrants.
The department, to determine compliance with this chapter, shall periodically:
sample, inspect, and analyze pesticides distributed within this state;
observe and investigate the use and application of pesticides within this state; and
inspect equipment used to apply pesticides in this state to determine if the equipment complies with this chapter.
If a pesticide sample, upon analysis, fails to comply with this chapter, the department shall give written notice to that effect to the registrant or owner of the pesticide.
Nothing in this chapter, however, shall be construed as requiring the department to refer minor violations for criminal prosecution or for the institution of condemnation proceedings if the department believes the public interest will best be served through informal action.
The department, for the purpose of enforcing this section, is authorized at reasonable times to enter any private or public premises for the purpose of:
inspecting any equipment used in applying pesticides;
inspecting or sampling lands actually or reported to be exposed to pesticides;
inspecting storage or disposal areas;
investigating complaints of injury to animals or lands;
sampling pesticides wherever located, including in vehicles; or
observing the use and application of a pesticide.
The department may proceed immediately, if admittance is refused, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for any purpose specified in Subsection (3) of this section.Amended by Chapter 478, 2026 General Session2026Suspension or revocation -- Stop sale, use, or removal order authorized -- Court action -- Award of costs authorized -- Fines.The department may revoke or suspend the registration of a pesticide upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the registration of the pesticide or in the pesticide's distribution in this state.The department may issue a "stop sale, use, or removal order" to the owner or distributor of a designated pesticide or lot of pesticide that the department finds or has reason to believe is being offered or exposed for sale in violation of this chapter.The order described in Subsection (2)(a) shall be in writing and no pesticide subject to the order shall be moved, offered, or exposed for sale, except upon the subsequent written release by the department.Before a release is issued, the department may require the owner or distributor of the "stopped" pesticide or lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market.The department may seek in a court with jurisdiction an order of seizure or condemnation of a pesticide that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent the violation of this chapter.A court may not require the department to post a bond in an injunctive proceeding brought under this section.Subject to Subsection (4)(b), if condemnation is ordered, the registrant or other person shall dispose of pesticide or equipment as the court directs.The department may not order condemnation without giving the registrant or other person an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the pesticide into conformance, or for permission to remove the pesticide from the state.If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the pesticide or equipment.The department may:deny an application for a certified applicator license;revoke a certified applicator license for cause; orsuspend a certified applicator license for cause.If a certified applicator license is revoked or suspended under Subsection (6), the license shall be returned to the department within 14 days of the day on which the certified applicator received notice of the revocation or suspension.A certified applicator who fails to return a license, as described in Subsection (7)(a), is subject to an administrative fine of up to $100 for each 14 days the license is not returned.Notwithstanding the other provisions of this title except Subsection 4-14-112(6), an individual who violates a provision related to an ornamental and turf technician under this chapter is subject to an administrative fine of up to $1,000 per each violation.Amended by Chapter 478, 2026 General Session2026Examination requirements for license to act as applicator may be waived through reciprocal agreement.The department may waive an examination requirement specified in rule for a noncommercial, commercial, or private certified applicator through a reciprocal agreement with another state whose examination requirements and standards for licensure are substantially similar to those of Utah.Amended by Chapter 478, 2026 General Session2026Defenses.As an affirmative defense to any action brought as a result of the alleged misuse or misapplication of a pesticide, a person may present evidence that as of the time of the alleged violation, the person was in compliance with label directions, this chapter, and any rules issued in accordance with this chapter.Amended by Chapter 478, 2026 General Session2026Registration required for a pesticide applicator business.A pesticide applicator business shall register with the department by:submitting an application on a form provided by the department;paying the registration fee; andcertifying that the business is in compliance with this chapter and departmental rules authorized by this chapter.By following the procedures and requirements of Section 63J-1-504, the department shall establish a registration fee.Notwithstanding Section 63J-1-504, the department shall deposit the fees as dedicated credits and may only use the fees to administer and enforce this chapter.The Legislature may annually designate the revenue generated from the fee as nonlapsing in an appropriations act.The department shall issue a business registration certificate to a pesticide applicator business if the person:has complied with the requirements of this section;has shown evidence of competence in the pesticide profession and meets the certification requirements established by rule;demonstrates good character;has no outstanding infractions and owes no money to the department; andpays the registration fee established by the department.A registration certificate expires on December 31 of the second calendar year after the calendar year in which the registration certificate is issued.The department may suspend a registration certificate if the pesticide applicator business violates this chapter or any rules authorized by this chapter.A pesticide applicator business whose registration certificate has been suspended may apply to the department for reinstatement of the registration certificate by demonstrating compliance with this chapter and rules authorized by this chapter.A pesticide applicator business shall:only employ: a certified applicator licensed under Section 4-14-103; an ornamental and turf technician who holds a permit under Subsection 4-14-112(1); ora salesperson who holds a permit under Subsection 4-14-112(2);employ at least one certified applicator licensed under Section 4-14-103;ensure that an employee of the pesticide applicator business complies with this chapter and the rules authorized by this chapter; andensure that a certified applicator or ornamental and turf technician employed by the pesticide applicator business understands and complies with the label on a pesticide.Notwithstanding the other provisions of this section, the department may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt a pesticide applicator business registration for a person:engaged in the marketing of the application of a pesticide but not the application of the pesticide; andwho employs only one or more salespersons.Enacted by Chapter 478, 2026 General Session2026Ornamental and turf technician -- Salesperson.An individual shall obtain a permit as an ornamental and turf technician before commercially applying a herbicide that is:classified as a general use pesticide with a "caution" or "warning" signal word on the product label; andbeing applied for ornamental and turf weed pest control.An individual may obtain a permit under this Subsection (1) by:submitting an application on a form provided by the department;showing evidence of completing the training required under Subsection (1)(c);having no outstanding infractions and owing no money to the department; andpaying the permit fee determined by the department according to Subsection 4-2-103(2).A ornamental and turf technician may apply a herbicide described in Subsection (1)(a) if the ornamental and turf technician:completes in each calendar year that the ornamental and turf technician applies a herbicide described in Subsection (1)(a) a video training approved by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;works under the indirect supervision of a certified applicator licensed under Section 4-14-103 who is employed by the same pesticide applicator business that employs the ornamental and turf technician; andunderstands and complies with the label on a herbicide described in Subsection (1)(a).An ornamental and turf technician may not apply a pesticide that is not described in Subsection (1)(a).A pesticide applicator business violates Subsection 4-14-111(6), if an ornamental and turf technician employed by the pesticide applicator business:does not hold a permit under this section;fails to complete the training required by Subsection (1)(c);works without the indirect supervision of a certified applicator licensed under Section 4-14-103;fails to apply a pesticide described in Subsection (1)(a) in accordance with the pesticide's label; orapplies a pesticide not described in Subsection (1)(a), including applying:a herbicide with a "danger" signal word;a pesticide for any other purpose than ornamental and turf weed pest control; ora restricted use pesticide.An individual shall obtain a permit as a salesperson before soliciting a person to agree to the application of a pesticide.An individual may obtain a permit under this Subsection (2) by:submitting an application on a form provided by the department;showing evidence of completing the training required under Subsection (1)(c);having no outstanding infractions and owing no money to the department; andpaying the permit fee determined by the department according to Subsection 4-2-103(2).A salesperson may solicit the application of a pesticide as provided in Subsection (2)(a) if the salesperson:completes in each calendar year a video training approved by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; andis employed by a pesticide applicator business registered under Section 4-14-111, including a pesticide applicator business registered under Subsection 4-14-111(7).When soliciting a salesperson may not make a misrepresentation regarding the application of a pesticide.A pesticide applicator business violates Subsection 4-14-111(6), if a salesperson employed by the pesticide applicator business:does not hold a permit under this section; orfails to complete the training required by Subsection (2)(c).An individual may apply for an annual permit under this section that expires on December 31 and may renew the permit by complying with the same process as used to obtain the permit.Notwithstanding Section 63J-1-504, the department shall retain the permit fees collected under this section as dedicated credits and may only use the fees to administer and enforce this chapter.The department may:deny an application for a permit under this section;revoke a permit under this section for cause; orsuspend a permit under this section for cause.If a permit is revoked or suspended under Subsection (5), the individual holding the permit shall return the permit to the department within 14 days after the day on which the individual receives notice of the revocation or suspension.An individual who fails to return a permit, as described in Subsection (6)(a), is subject to an administrative fine of up to $100 for each 14 days the individual does not return the permit.