Utah Admin. Code 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applicator license shall expire on December 31 of the third calendar year from the time of licensure, unless it has been revoked or suspended by the department for cause, which may include any combination of the unlawful acts listed in Section R68-7-20.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 shall 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.

Notes

Utah Admin. Code R68-7-11

Amended by Utah State Bulletin Number 2021-18, effective 9/1/2021 Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022