Utah Admin. Code R68-7-20 - Unlawful Acts

Any person who has committed any of the following acts is in violation of Title 4, Chapter 14, Utah Pesticide Control Act, or rules promulgated thereunder, and is subject to the penalties provided in Section 4-2-301 through Section 4-2-305, up to, and including, citations, fines, and the possible suspension, revocation, or denial of any pesticide applicator, pesticide business, or pesticide dealer license:

(1) been convicted under Section 14(b) of FIFRA;

(2) been subject to a final order imposing a civil penalty under Section 14(a) of FIFRA;

(3) been found in violation of a final state enforcement action for violations of state law;

(4) made false, fictitious, or fraudulent claims, including any written or spoken misrepresentation of the use or effect of pesticides, the certification of any pesticide applicator, or the methods or manner in which pesticides may be applied or utilized;

(5) applied any known ineffective or improper pesticides;

(6) applied any pesticides in a faulty, careless, or negligent manner;

(7) failed to comply with Title 4, Chapter 14, Utah Pesticide Control Act, these rules, or any lawful order of the department;

(8) failure to keep or maintain records required by these rules, or to make reports when and as required, or to notify the department within 30 days of any changes required under Section R68-7-14;

(9) proffered false or fraudulent records, invoices, or reports to the department;

(10) engaged in the business, solicitation, advertisement, or representation of applying a pesticide for hire or compensation on the lands or property of another without having a valid commercial pesticide applicator license;

(11) purchased, used, or supervised the use of, a pesticide which is labeled for restricted use without having qualified as a certified pesticide applicator;

(12) used fraud, deceit, or misrepresentation in any portion of the application process for, or renewal of, a registration, license, permit, or certification with the department;

(13) refused or neglected to comply with any limitations or restrictions on or in a issued license or permit;

(14) used, or caused to be used, any pesticide in a manner inconsistent with its labeling or rules of the department, if those rules further restrict the uses provided on the labeling;

(15) impersonated any federal, state, county, or other government official;

(16) distributed any pesticide labeled for restricted use to any person unless that person or their agent: has a valid pesticide applicator license, permit to use or supervise the use of, or distribute a restricted use pesticide;

(17) applied any pesticides on or in any building, structure, or property without the consent of the owner, manager, or responsible party, with the exception of any government agency that applies a pesticide to abate a public health problem under the direction of the department;

(18) for a pesticide applicator, applied a termiticide at less than the label rate;

(19) for an employer of a commercial or non-commercial pesticide applicator, to allow an employee to apply pesticide before that individual has successfully completed the required pesticide applicator certification process;

(20) a certified pesticide applicator failed to possess a current pesticide applicator license on their person during a pesticide application;

(21) allowed a pesticide application to run off, or drift, from the target pesticide application area, whether or not damage or injury occurred;

(22) failed to register a pesticide business with the department, or follow the rules set forth in this rule for the licensing of a commercial pesticide business;

(23) handled or applied any pesticide for which a person does not have an appropriate, complete, legible, and current label at hand or affixed to the pesticide;

(24) Failed to comply with the federal pesticide container and containment regulations found in 40 CFR 156 and 165;

(25) Failed to perform fumigation applications according to the standards required by this rule;

(26) Failed to display the pesticide business license name and pesticide business license number in accordance with this rule;

(27) Failed to notify a customer of the application of a restricted use pesticide and the information detailed in Section R68-7-16;

(28) The qualifying party of a commercial pesticide business failed to train or prepare a commercial pesticide applicator to comply fully with the following:

(a) any Utah pesticide statute;

(b) any Utah pesticide rule;

(c) any pesticide label;

(d) any pesticide labeling directions; and

(e) any equipment they will be using.

(29) Failure to timely and fully respond to requests by the department for information relating to training and equipping of pesticide applicators;

(30) transported, stored, handled, used, or disposed of a pesticide or pesticides container that is inconsistent with this rule;

(31) cheated on any pesticide test required by the department or otherwise failed to comply with testing requirements;

(32) refused or neglected to change contact and employment information within 30 days; or

(33) violated the EPA WPS.

Notes

Utah Admin. Code R68-7-20

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