Utah Administrative Code
Topic - Agriculture and Food
Title R68 - Plant Industry
Rule R68-3 - Utah Fertilizer Rule
Section R68-3-6 - Unlawful Acts

Universal Citation: UT Admin Code R 68-3-6

Current through Bulletin 2024-06, March 15, 2024

(1) Any person who has committed any act in violation of Title 4, Chapter 13, the Utah Fertilizer Act or rules promulgated thereunder, is subject to penalties provided for in Subsection 4-2-304(1)(a).

(2) Unlawful acts include that the person:

(a) made a false or fraudulent claim through any media misrepresenting the effect of fertilizer or soil amendment offered for sale in Utah;

(b) neglected or, after notice, refused to comply with Title 4, Chapter 13, the Utah Fertilizer Act, these rules, or any lawful order of the department;

(c) made false or fraudulent records, invoices, or reports;

(d) used fraud or misrepresentation in making application for, or renewal of, a registration or license;

(e) distributed fertilizer or soil amendment that contains seeds or other viable plant parts or noxious weeds;

(f) distributed any waste-derived fertilizer that was not identified in the registration application; or

(g) did not store fertilizer and soil amendment in a manner that minimizes the release of fertilizer and soil amendment and protects the environment.

(3) Biosolids, and compost products, separately or in any combination, are considered adulterated when they exceed the levels of metals permitted by 40 CFR 503.

(4) Dried biosolids and manure, as well as manipulated manure products, either separately or in combination, are considered adulterated when they exceed the levels of metals permitted by 40 CFR 503.

(5) Hazardous waste -derived fertilizer, as defined by the United States Environmental Protection Agency, is considered adulterated when it exceeds the level of metals permitted by 40 CFR 261, 266, and 268.

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