Current through Bulletin 2024-06, March 15, 2024
(1) A temporary
pesticide applicator permit shall be issued automatically by email following
the successful completion of the pesticide applicator core test in conjunction
with each pesticide category test and provided each other department
requirement is met. The temporary permit will expire 30 days from the date it
was issued. The pesticide applicator core test must be successfully completed
with a minimum score of 70% before any pesticide category tests may be
attempted. A temporary pesticide applicator permit is invalid if only the
pesticide applicator core test is successfully completed and no additional
pesticide category test is successfully completed.
(2) The pesticide applicator and pesticide
business is responsible for verifying that their license has been processed by
the department.
(3) A commercial
pesticide applicator license or a commercial pesticide business license shall
be issued when the following conditions have been met:
(a) the applicant has submitted an
application form to the department;
(b) any required fees have been
paid;
(c) the applicant is in good
standing with the department;
(d)
the applicant has successfully passed the appropriate tests to apply pesticides
in the classifications and categories for which they have applied;
and
(e) the applicant for the
qualifying party for the pesticide business license meets the requirements in
Section
4-14-111.
(4) A commercial pesticide applicator license
shall expire on December 31 of the third calendar year from the time of
licensure, unless it has been revoked or suspended by the department for cause,
which may include any combination of the unlawful acts listed in Section
R68-7-20.
(5) If an application for
a commercial pesticide applicator license or commercial pesticide business
license is denied, the applicant shall be informed of the reason by email or
mail.
(6) A pesticide applicator
shall have their license in their immediate possession when making a pesticide
application.
(7) If a pesticide
applicator requests a duplicate license from the department, a fee determined
by the department, pursuant to Subsection
4-2-103(2),
shall be paid. The pesticide applicator must be in good standing, having no
unresolved violations or fines, before a replacement license shall be
issued.
(8) A commercial pesticide
business license shall be required for each commercial pesticide business
location, other than locations used only to store and load
pesticides.
(9) A new commercial
pesticide applicator or commercial pesticide business license applicant who
completes an application completed between November 1 and December 31 shall be
licensed for the remainder of that year and the following three calendar
years.
(10) Commercial Pesticide
Applicator and Commercial Pesticide Business License Recertification and
Renewal.
(a) Each commercial pesticide
applicator and commercial pesticide business license shall expire on December
31 of the third calendar year following its issuance.
(b) Commercial pesticide applicators shall
recertify before their license expires, and may be subject to re-examination at
any time during their valid license period.
(c) Recertification options include:
(i) completion of the original certification
process by taking the required pesticide core and pesticide category tests and
successfully completing each required test with a minimum score of 70%;
or
(ii) participation in approved
CEUs and accumulating the required amount of 24 total CEU credits during the
licensure period. A minimum of two credits in law, six in safety, and ten in
pesticide use are required, while any combination of the three categories may
be used for the remaining six credits.
(d) The qualifying party for a commercial
pesticide business shall complete the related commercial pesticide business
test every three years.
(11) Records Maintained. Commercial
applicators shall keep and maintain records of any pesticide applications.
(a) These records shall be recorded within 24
hours after the pesticide application is made.
(b) The application records shall include the
following information:
(i) the name and
address of the person or entity for whom the pesticide is applied;
(ii) the address of the pesticide application
location, if the pesticide application location differs from Subsection
R68-7-11(11)(a)(i);
(iii) the total
square footage or total size of the area to be treated with
pesticides;
(iv) a description of
the specific target sites, crops, commodities, or stored products at the
pesticide application location to which any pesticides are applied;
(v) the time and date, including the month,
day, and year when the pesticide was applied;
(vi) the brand name of the pesticides, EPA
registration number, and mix rate for any pesticides applied;
(vii) the total amount of pesticides,
including diluted or ready-to-use (RTU) pesticides, applied per location and
per application;
(viii) the purpose
of the pesticide application, the pesticide target site, and pest to be
treated;
(ix) the name, commercial
pesticide business address, and commercial pesticide applicator license number
of the certified commercial pesticide applicator who applied the pesticides;
and
(c) Records shall be
kept for a period of at least two years from the date of the pesticide
application and shall be available for inspection by the department upon
request.
(d) Records shall be
furnished in a uniform format.
(12) Notwithstanding the requirements of this
section, the department may give consideration to political subdivisions of the
state, or a non-profit organization, regarding their need to obtain a
commercial pesticide business license or the requirement of their applicators
to obtain a commercial pesticide applicator license.
(a) Consideration shall be given to political
subdivisions if their charter includes a fee for pesticide services or
products.
(b) Non-profit
organizations may not need to obtain the commercial pesticide business license
or the commercial pesticide applicator license to receive reimbursement for
applications made on public land owned by the federal government or the
state.
(c) Application or
distribution of restricted use pesticides shall be done in accordance with this
rule.
