No. 28769 (Amendment): R68-7. Utah Pesticide Control Act

DAR File No.: 28769
Filed: 06/01/2006, 07:54
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

In Subsection R68-7-11(16), according to EPA the exception part of this unlawful act is in conflict with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). It will not affect the enforcement program by eliminating this unlawful act. Also, corrects the subnumbering in Section R68-7-7.

 

Summary of the rule or change:

This amendment: removes Subsection R68-7-11(16) from Unlawful Acts; moves Subsections R68-7-7(2)(b)(1) and (2) from aerial application to standards for commercial and noncommercial applicators under Subsection R68-7-7(1); and corrects the subnumbering under Section R68-7-7.

 

State statutory or constitutional authorization for this rule:

Section 4-14-6

 

Anticipated cost or savings to:

the state budget:

There will be no cost or savings to the state budget. The changes being made are to remove a section of the rule that is in conflict with FIFRA and renumber a section.

 

local governments:

There will be no cost or savings to the local government. The changes being made are to remove a section of the rule that is in conflict with FIFRA and renumber a section.

 

other persons:

There will be no cost or savings to the other persons. The changes being made are to remove a section of the rule that is in conflict with FIFRA and renumber a section.

 

Compliance costs for affected persons:

There are no compliance costs associated with the changes being made to this rule. The changes are being made to clarify the intent of the rule.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The fiscal impact will be minimal as a result of deleting this section of the rule. The label directions specify how a particular pesticide can be used. Leonard Blackham, Commissioner

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

 

Direct questions regarding this rule to:

Marolyn Leetham, Clair Allen, or Clark Burgess at the above address, by phone at 801-538-7114, 801-538-7180, or 801-538-9929, by FAX at 801-538-7126, 801-538-7189, or 801-538-7126, or by Internet E-mail at [e-mail], [e-mail], or [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/17/2006

 

This rule may become effective on:

07/25/2006

 

Authorized by:

Leonard M. Blackham, Commissioner

 

 

RULE TEXT

R68. Agriculture and Food, Plant Industry.

R68-7. Utah Pesticide Control Act.

R68-7-7. Standards of Competence for Certification of Applicators.

Applicators must show competence in the use and handling of pesticides according to the hazards involved in their particular classification by passing the tests and becoming certified as outlined in R68-7-8. Upon their becoming certified, the department will issue a license which will qualify an applicator to purchase and apply pesticides in the appropriate classification.

Standards for certification of applicators as classified in R68-7-4 have been established by the EPA and such standards shall be a minimum for certification of applicators in the State of Utah.

(1) Commercial and Non-Commercial Applicators.

Commercial and non-commercial applicators shall demonstrate practical knowledge by written examination(s) of the principles and practices of pest control and safe use, storage and transportation of pesticides, to include the general standards applicable to all categories and the standards specifically identified for each category or subcategory designated by the applicant, as set forth in 40 CFR, Section 171.4 and the EPA approved Utah State Plan for certification of pesticide applicators. In addition, applicators applying pesticides by aircraft shall be examined on the additional standards specifically identified for this method of application as set forth herein.

(a) Exemptions. The standards for commercial and non-commercial applicators do not apply to the following persons for purposes of these rules:

(1) Persons conducting laboratory-type research involving pesticides; and

(2) Doctors of medicine and doctors of veterinary medicine applying pesticides or drugs or medication during the course of their normal practice and who do not publicly represent themselves as pesticide applicators.

([a]2) Aerial Application. Additional Standards.

Applicators shall demonstrate by examination practical knowledge of pest control in a wide variety of environments. These may include, but are not limited to, agricultural properties, rangelands, forestlands, and marshlands. Applicators must have the knowledge of the significance of drift and of the potential for non-target injury and the environmental contamination. Applicators shall demonstrate competency as required by the general standards for all categories of certified commercial and non-commercial applicators. They shall comply with all standards set forth by the Federal Aviation Administration (FAA) and submit proof of current registration by that agency as a requirement for licensing as an aerial applicator.[

(b) Exemptions. The standards for commercial and non-commercial applicators do not apply to the following persons for purposes of these rules:

(1) Persons conducting laboratory-type research involving pesticides; and

(2) Doctors of medicine and doctors of veterinary medicine applying pesticides or drugs or medication during the course of their normal practice and who do not publicly represent themselves as pesticide applicators.]

([2]3) Private Applicators. Private applicators shall show practical knowledge of the principles and practices of pest control and the safe use of pesticides, to include the standards for certification of private applicators as set forth in 40 CFR Section 171.5. In addition, private applicators applying restricted-use pesticides by aircraft shall show practical knowledge of the additional standards specifically identified for that method of application in R68-7-6(11) of these rules.

([3]4) Supervision of Non-Certified Applicators by Certified Private Applicators.

(a) A certified private applicator who functions in a supervisory role shall be responsible for the actions of any non-certified applicators under his instruction and control.

(b) A certified private applicator shall provide written or oral instruction for the application of a restricted-use pesticide applied by a non-certified applicator under his supervision when the certified applicator is not required to be physically present. If an applicator cannot read, instructions shall be given in a language understood by the applicator. The instructions shall include procedures for contacting the certified applicator in the event he is needed.

([4]5) The certified applicator shall be physically present to supervise the application of a restricted-use pesticide by a non-certified applicator if such presence is required by the label of the pesticide being applied.

 

R68-7-11. Unlawful Acts.

Any person who has committed any of the following acts is in violation of the Utah Pesticide Control Act or rules promulgated thereunder and is subject to penalties provided for in Sections 4-2-2 through 4-2-15:

(1) Made false or fraudulent claims through any media misrepresenting the effect of pesticides or methods to be utilized;

(2) Applied known ineffective or improper pesticides;

(3) Operated in a faulty, careless or negligent manner;

(4) Neglected or, after notice, refused to comply with the provisions of the Act, these rules or of any lawful order of the department;

(5) Refused or neglected to keep and maintain records required by these rules, or to make reports when and as required;

(6) Made false or fraudulent records, invoices or reports;

(7) Engaged in the business of applying a pesticide for hire or compensation on the lands of another without having a valid commercial applicator's license;

(8) Used, or supervised the use of, a pesticide which is restricted to use by "certified applicators" without having qualified as a certified applicator;

(9) Used fraud or misrepresentation in making application for, or renewal of, a registration, license, permit or certification;

(10) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license or permit;

(11) 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;

(12) Aided or abetted a licensed or an unlicensed person to evade the provisions of the Act; conspired with such a licensed or an unlicensed person to evade the provisions of the Act; or allowed one's license or permit to be used by another person;

(13) Impersonated any federal, state, county, or other government official;

(14) Distributed any pesticide labeled for restricted use to any person unless such person or his agent has a valid license, or permit to use, supervise the use, or distribute restricted-use pesticide;

(15) Applied pesticides onto any land without the consent of the owner or person in possession thereof; except, for governmental agencies which must abate a public health problem.[

(16) Applied pesticides known to be harmful to honeybees on crops on which bees are foraging during the period between two hours after sunrise and two hours before sunset; except, on property owned or operated by the applicator.]

([17]16) For a commercial or a non-commercial applicator to apply a termiticide at less than label rate.

([18]17) For an employer of a commercial or non-commercial applicator to allow an employee to apply pesticide before that individual has successfully completed the prescribed pesticide certification procedures.

([19]18) For a pesticide applicator not to have his/her current license in his/her immediate possession at all times when making a pesticide application.

([20]19) To allow, through negligence, an application of pesticide to run off, or drift from the target area to cause plant, animal, human or property damage.

 

KEY: inspections

Date of Enactment or Last Substantive Amendment: [January 1, 1997]2006

Notice of Continuation: March 16, 2006

Authorizing, and Implemented or Interpreted Law: 4-14-6