R68-7-9. Dealer Licensing

  (A) In order to facilitate rules of the distribution and sale of restricted-use pesticides, it is necessary to license dealers who dispense such materials.

  (1) License Required.

  It shall be unlawful for any person to act in the capacity of a restricted-use pesticide dealer, or advertise as, or presume to act as such a dealer at any time without first having obtained a license from the Department. A license shall be required for each location or outlet located within this state from which such pesticides are distributed; provided, that any manufacturer, registrant or distributor who has no pesticide dealer outlet licensed within this state and who distributes a restricted-use pesticide directly into Utah shall obtain a pesticide dealer's license for his/her principal out-of-state location or outlet; provided further, that any manufacturer, registrant or distributor who sells only through or to a pesticide dealer is not required to obtain a pesticide dealer's license.

  (2) License Issuance. Application for a pesticide dealer's license shall be on a form prescribed by the Department and shall be accompanied by a license fee determined by the Department pursuant to subsection 4-2-103(2). If the Department finds the applicant qualified to sell or distribute restricted-use pesticides and the applicant has paid the prescribed license fee, the Department shall issue a restricted-use pesticides dealer's license. This license shall expire December 31 of the third calendar year, unless it has been previously revoked or suspended by the commissioner for causes which may include any of the unlawful acts included in R68-7-14.

  (3) License Renewal. License-renewal fees are payable triennially before January 1. If the renewal of a pesticide dealer's license is not received prior to January 1 of the renewal year, an additional fee determined by the Department pursuant to Subsection 4-2-103(2), shall be assessed and added to the original license fee and shall be paid by the applicant before the license renewal shall be issued.

  (4) Records Maintained. Each dealer outlet licensed to sell restricted-use pesticides is required by the Department to maintain a restricted-use pesticide sales register by entering all restricted-use pesticide sales into the register at the time of sale. The restricted-use pesticide sales register must be available in an electronic format approved by the Department. The electronic register form, shall include the following information:

  (a) The Corporate or Company Name.

  (b) The name of the branch store that made the sale.

  (c) The store's complete Restricted-Use Pesticide dealer license number, including the prefix.

  (d) The complete sale date including the month, day and year.

  (e) The first and last name of the salesperson that made the sale.

  (f) The first and last name of the buyer.

  (g) The buyer's complete Pesticide Applicator License number, including the prefix.

  (h) If the buyer was authorized by letter, the authorization letter must be kept on file.

  (i) If the buyer used a temporary permit, a copy of the permit must be kept on file.

  (j) The buyer's complete street address, city, state and zip code.

  (k) The brand name of the product sold, its EPA Registration Number and the quantity sold.

  (l) The product container size and its unit of measure (i.e. gallons, liters, etc.). Such records shall be kept for a period of two years from the date of restricted-use pesticide sale and shall be available for inspection by the commissioner's designee at reasonable times. The commissioner's designee, upon request, shall be furnished a copy of such records by the restricted-use pesticide dealer.

  (5) Submission of Electronic records. On July 1 of each year, Dealers are required to submit their Restricted-Use Pesticide sales records for the period starting the previous July 1 through June 30 of the current year. The due date for submission is July 31 of the current year.

  (6) Exemption. Provisions of this section shall not apply to: (a) a licensed pesticide applicator who sells restricted-use pesticides only as an integral part of his/her pesticide application service when such pesticides are dispensed only through equipment used for such pesticide application (b) Federal, state, county, or municipal agency which provides restricted-use pesticides only for its own programs shall be exempt from the license fee but must meet all other requirements of a pesticide dealer.

  (7) Responsible for Acts of Employees. Each pesticide dealer shall be responsible for the acts of each person employed by him/her in the solicitation and sale of restricted-use pesticides and all claims and recommendations for use of restricted-use pesticides. A dealer's license shall be subject to denial, suspension or revocation for any violation of the Pesticide Control Act or rules promulgated thereunder, whether committed by the dealer or by the dealer's officer, agent, or employee.