R68-7-14. 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 4-2-301through 4-2-305:

  (1) Made false, fictitious, or fraudulent claims, written or spoken misrepresenting the use, effect of pesticides, certification of applicator, 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, advertised for, or held self out as applying a pesticide for hire or compensation on the lands of another without having a valid commercial applicator's license;

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

  (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/her 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) For an applicator to apply a termiticide at less than label rate.

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

  (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.

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

  (20) Refused or neglected to register a pesticide applicator business with the Utah Department of Agriculture and Food or follow the rules set forth in section R68-7-8 for licensing of a commercial business.

  (21) To handle or apply any registered pesticide for which the person does not have an appropriate, complete, or legible label at hand.

  (22) Refused or neglected to comply with the Federal Container and Containment regulations.

  (23) Failure to perform fumigation applications according to the standards required by this rule.

  (24) Failed to display business license numbers in accordance with this rule.

  (25) Refused or neglected to notify the customer of the application of a restricted-use pesticide and the information detailed in R68-7-10.

  (26) Failure of a qualifying party of the business licensee to train or prepare the applicator to comply fully with the Utah Pesticide statutes and rules and label and labeling directions.

  (27) Failure to timely and fully respond to requests by the commissioners designated agent for information relating to training and equipping of applicators.

  (28) Transported, stored, handled, used, or disposed of a pesticide or pesticides container inconsistent with rules specified in section R68-7-13.