7 Gregory H. Hughes
9 LONG TITLE
10 General Description:
11 This bill modifies provisions of the Utah Pesticide Control Act.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ modifies the requirements for obtaining a business registration certificate for a
16 pesticide applicator business; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 4-14-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
25 4-14-111, as renumbered and amended by Laws of Utah 2017, Chapter 345
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 4-14-102 is amended to read:
29 4-14-102. Definitions.
30 As used in this chapter:
31 (1) "Active ingredient" means an ingredient that:
32 (a) prevents, destroys, repels, controls, or mitigates pests; or
33 (b) acts as a plant regulator, defoliant, or desiccant.
34 (2) "Adulterated pesticide" means a pesticide with a strength or purity that is below the
35 standard of quality expressed on the label under which the pesticide is offered for sale.
36 (3) "Animal" means all vertebrate or invertebrate species.
37 (4) "Beneficial insect" means an insect that is:
38 (a) an effective pollinator of plants;
39 (b) a parasite or predator of pests; or
40 (c) otherwise beneficial.
41 (5) "Certified applicator" means an individual who is licensed by the department to
43 (a) a restricted use pesticide; or
44 (b) a general use pesticide for hire or in exchange for compensation.
45 (6) "Certified qualified applicator" means a certified applicator who is eligible to act as
46 a qualifying party.
48 to drop from a plant, with or without causing abscission.
50 the drying of plant or animal tissue.
52 receive, deliver, or offer to deliver pesticides in this state.
54 interrelationships that exist between them.
56 contrivance using motorized, mechanical, or pressurized power to apply a pesticide.
57 (b) "Equipment" does not mean any pressurized hand-sized household apparatus used
58 to apply a pesticide or any equipment or contrivance used to apply a pesticide that is dependent
59 solely upon energy expelled by the person making the pesticide application.
63 nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust,
64 smut, mildew, mold, yeast, and bacteria.
65 (b) "Fungus" does not include fungus existing on or in:
66 (i) a living person or other animal; or
67 (ii) processed food, beverages, or pharmaceuticals.
68 (15) "Herbicide" means a substance that is toxic to plants and is used to control or
69 eliminate unwanted vegetation.
71 obviously segmented body:
72 (a) usually belonging to the Class Insecta, comprising six-legged, usually winged
73 forms, including beetles, bugs, bees, and flies; and
74 (b) allied classes of arthropods that are wingless usually having more than six legs,
75 including spiders, mites, ticks, centipedes, and wood lice.
77 pesticide or a container or wrapper of a pesticide.
80 (i) accompanying a pesticide or equipment; or
81 (ii) to which reference is made on the label or in literature accompanying a pesticide or
83 (b) "Labeling" does not include any written, printed, or graphic matter created by the
84 EPA, the United States Departments of Agriculture or Interior, the United States Department of
85 Health, Education, and Welfare, state experimental stations, state agricultural colleges, and
86 other federal or state institutions or agencies authorized by law to conduct research in the field
87 of pesticides.
89 contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile,
90 including any used for transportation.
92 does not strictly comport with the label and labeling requirements set forth in Section
95 pesticide's label or labeling.
97 and Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike
98 bodies covered with cuticle, also known as nemas or eelworms.
99 (23) "Ornamental and turf pest control" means the use of a pesticide to control
100 ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs,
101 flowers, or turf.
103 (i) any insect, rodent, nematode, fungus, weed; or
104 (ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other
105 microorganism that is injurious to health or to the environment or that the department declares
106 to be a pest.
107 (b) "Pest" does not include:
108 (i) viruses, bacteria, or other microorganisms on or in a living person or other living
109 animal; or
110 (ii) protected wildlife species identified in Section 23-13-2 that are regulated by the
111 Division of Wildlife Resources in accordance with Sections 23-14-1 through 23-14-3.
113 (a) substance or mixture of substances, including a living organism, that is intended to
114 prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug,
115 fungus, weed, or other form of plant or animal life that is normally considered to be a pest or
116 that the commissioner declares to be a pest;
117 (b) any substance or mixture of substances intended to be used as a plant regulator,
118 defoliant, or desiccant;
119 (c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder,
120 adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide
121 to aid the pesticide's application or effect; and
122 (d) any other substance designated by the department by rule.
124 (a) applies or supervises the application of a pesticide; and
125 (b) is required by this chapter to have a license.
127 (i) is authorized to do business in this state; and
128 (ii) offers pesticide application services.
129 (b) "Pesticide applicator business" does not include an individual licensed agricultural
130 applicator who may work for hire.
134 physiological action, to accelerate or retard the rate of growth or rate of maturation, or
135 otherwise alter the behavior of ornamental or crop plants.
136 (b) "Plant regulator" does not include plant nutrients, trace elements, nutritional
137 chemicals, plant inoculants, or soil amendments.
138 (30) "Qualifying party" means a certified qualified applicator who is the owner or
139 employee of a pesticide applicator business and who is registered with the department as the
140 individual responsible for ensuring the training, equipping, and supervision of all pesticide
141 applicators who work for the pesticide applicator business.
143 (a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial
144 insects, animals, or land; or
145 (b) any pesticide or pesticide use restricted by the administrator of EPA or by the
147 (32) "Spot treatment" means the limited application of an herbicide to an area that is no
148 more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller,
149 using equipment that is designed to contain no more than five gallons of mixture.
153 Section 2. Section 4-14-111 is amended to read:
154 4-14-111. Registration required for a pesticide business.
155 (1) A pesticide applicator business shall register with the department by:
156 (a) submitting an application on a form provided by the department;
157 (b) paying the registration fee; and
158 (c) certifying that the business is in compliance with this chapter and departmental
159 rules authorized by this chapter.
160 (2) (a) By following the procedures and requirements of Section 63J-1-504, the
161 department shall establish a registration fee based on the number of pesticide applicators
162 employed by the pesticide applicator business.
163 (b) (i) Notwithstanding Section 63J-1-504, the department shall deposit the fees as
164 dedicated credits and may only use the fees to administer and enforce this chapter.
165 (ii) The Legislature may annually designate the revenue generated from the fee as
166 nonlapsing in an appropriations act.
167 (3) The department shall issue a business registration certificate to a pesticide
168 applicator business if the individual or entity:
169 (a) has complied with the requirements of this section;
170 (b) has shown evidence of competence in the pesticide profession and meets the
171 certification requirements established by rule;
172 (c) provides evidence that the owner or qualifying party is a certified applicator;
173 (d) provides evidence that the owner or qualifying party:
174 (i) has been a certified applicator for at least two years out of the 10 years immediately
175 before the date of the application for a business registration certificate is received by the
176 department; or
177 (ii) holds an associate degree or higher in horticulture, agricultural sciences, biological
178 sciences, pest management, or a related field;
182 (4) A registration certificate expires on December 31 of the second calendar year after
183 the calendar year in which the registration certificate is issued.
184 (5) (a) The department may suspend a registration certificate if the pesticide applicator
185 business violates this chapter or any rules authorized by it.
186 (b) A pesticide applicator business whose registration certificate has been suspended
187 may apply to the department for reinstatement of the registration certificate by demonstrating
188 compliance with this chapter and rules authorized by this chapter.
189 (6) A pesticide applicator business shall:
190 (a) only employ a pesticide applicator who has received a license from the department,
191 as required by Section 4-14-103; and
192 (b) ensure that all employees comply with this chapter and the rules authorized by this
194 (7) An individual or entity applying for a business registration certificate does not have
195 to meet the requirements of Subsection (3)(d) if the individual's or entity's sole use of
196 pesticides is limited to:
197 (a) providing ornamental and turf pest control spot treatment services; and
198 (b) herbicides with labels that contain the signal word "caution" or "warning."