Utah Administrative Code
Topic - Agriculture and Food
Title R68 - Plant Industry
Rule R68-7 - Utah Pesticide Control Rule
Section R68-7-13 - Private Pesticide Applicators
Universal Citation: UT Admin Code R 68-7-13
Current through Bulletin 2024-06, March 15, 2024
(1) Private Pesticide Applicator License Required.
(a) A private pesticide applicator
license is required for applying restricted use pesticides on the owned,
rented, or leased agricultural property of an individual. No person shall
purchase, use, demonstrate the use of, or supervise the use of any restricted
use pesticide without becoming certified and obtaining a private pesticide
applicator license issued by the department. Each person performing the
physical act of applying restricted use pesticides shall be 18 years of age, or
older, and possess a valid private pesticide applicator license, except:
(i) a person of at least 16 years of age may
apply restricted use pesticides while under the direct supervision of a
certified pesticide applicator, who is also an immediate family member,
according to the family exemption of the EPA WPS, and only applies pesticides
on the privately owned agricultural establishment of a certified pesticide
applicator who is also an immediate family member; or
(ii) any person, 18 years of age, or older,
employed by, or working on, a privately owned, rented, or leased agricultural
property who has been trained by an actively certified Utah pesticide
applicator, or trainer that has successfully completed an EPA approved Train
the Trainer course, and has been instructed on the requirements of the EPA WPS
for pesticide handlers.
(b) A private pesticide applicator is
considered as having each of the agricultural-related pesticide categories on
their license, specifically; Agricultural Pest Control: Plant, Agricultural
Pest Control: Animal, Forest Pest Control, Ornamental and Turf Pest Control,
Aquatic Pest Control: Surface Water, Structural and Health Related Pest
Control, and Vertebrate Pest Control. A private pesticide applicator shall
successfully complete the respective pesticide applicator tests for any
additional pesticide categories before applying any pesticides restricted by
those categories.
(c) Issuance of a
private pesticide applicator license shall be conditioned upon the applicant
complying with the certification requirements determined by the department as
necessary to prevent unreasonable adverse effects on the environment, and to
prevent unreasonable injury to any person. A private pesticide applicator
license certifies the applicator to give instructions on the EPA WPS to the
workers and pesticide handlers of a private agricultural
establishment.
(d) Private
Pesticide Applicator Application and Fee Requirements. The fees for a private
pesticide applicator license shall be determined in accordance with Subsection
4-2-103(2)
and Section
63J-1-504.
(i) Applications for a private pesticide
applicator license shall be made on the approved department form and shall be
submitted to the department along with the required fee. A license will only be
issued after the applicant has successfully passed the required pesticide
applicator tests, or after recertifying according to the CEU
requirements.
(ii) A testing fee,
retest fee, or any related fee, may be determined by approved testing centers,
according to their own individual policies.
(2) Private Pesticide Applicator Initial Certification.
(a) Fees for testing may be
established and charged by any testing center, including those operated by the
department.
(b) The applicant may
acquire any necessary study materials from the department website.
(c) The applicant shall schedule required
pesticide applicator tests with a testing center approved by the
department.
(3) Private Pesticide Applicator Testing Procedures.
(a) A
new applicant for a private pesticide license must be 18 years of age, or
older, and shall demonstrate competency and knowledge of pesticide
applications, laws, and other relevant subjects by successfully completing the
approved private pesticide applicator test and department application forms.
Each pesticide applicator test shall be proctored at an approved testing
center.
(b) An applicant for a
private pesticide applicator license shall first pay any licensing fees to the
department, and obtain a receipt of license payment.
(c) An applicant for a private pesticide
applicator license shall find a testing center from a list of approved testing
centers on the department's website. A test may also be proctored by a local
Utah State University Extension agent.
(d) An applicant for a private pesticide
applicator license shall present their receipt of license payment from the
department, and valid government issued identification, to the proctor at the
applicant's chosen testing center.
(e) Cheating, ejection from testing, or
failure to follow the rules of the department or testing center shall, at the
discretion of the department, constitute fraud under this rule. Applicants are
subject to this rule, regardless of whether the applicant successfully passes
or not.
(f) The private pesticide
applicator test must be successfully completed with a minimum score of 70%,
before any additional pesticide category tests may be attempted.
(g) The private pesticide applicator test
must be taken and successfully completed with a minimum score of 70% before a
private pesticide applicator license may be obtained.
(h) Upon the successful completion of the
appropriate pesticide applicator tests, the applicant shall complete the
department's completion form, which can be found online in the testing
program.
(i) The steps to recertify
solely by testing are the same as for an initial applicant. The private
pesticide applicator test must be successfully completed with a minimum score
of 70%, before any additional pesticide category tests may be
attempted.
(j) Upon the successful
completion of the private pesticide applicator test, the applicant shall
complete the department's completion form, and the department's pesticide
applicator application form, online.
(k) The rules of a testing center, if more
restricting than those of the department, shall take precedence over those of
the department during the administration of the pesticide applicator
tests.
(l) If the minimum score of
70% is not obtained after two attempts, the person taking the tests must wait
24 hours, pay any additional retest fees to the testing center, and begin
retesting on any failed tests.
(4) Private Pesticide Applicator Certification Tests and Review. The pesticide applicator tests and methods of testing shall be determined and approved by the department. The review of applications shall be made by the department for determining eligibility.
(5) Emergency Use Permit. An individual may be able to acquire an Emergency Use Permit which allows a single individual, at a singular location, the permission to apply a restricted use pesticide in a situation determined to be an emergency by the department.
(a) Determination is at the sole
discretion of the department.
(b)
Any subsequent purchase of any restricted use pesticide, or additional
pesticide application of any restricted use pesticide, or use of any restricted
use pesticide by the individual obtaining the Emergency Use Permit is not
allowed without the written consent of the department.
(c) This permit shall be issued only in an
emergency as a substitute for a private pesticide applicator license.
(d) An Emergency Use Permit issued by the
department shall be in accordance with 40 CFR 166.
(6) Private Pesticide Applicator License Issuance.
(a) A temporary pesticide applicator
permit shall be issued automatically by email for the successful completion of
the private pesticide applicator test and 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 private pesticide applicator
test must be successfully completed with a minimum score of 70%, before any
pesticide category tests may be attempted.
(b) The pesticide applicator is responsible
to verify their license is approved by the department.
(c) A private pesticide applicator license
shall be issued when the following conditions have been met:
(i) the applicant has successfully passed the
appropriate tests to apply pesticides in the classifications for which they
have applied;
(ii) any fees have
been paid; and
(iii) the applicant
is in good standing with the department.
(d) The private 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,
as set forth in Section R68-7-20.
(e) If an application for a private pesticide
applicator license is denied, the applicant shall be informed of the reason by
email or mail.
(f) A pesticide
applicator shall have their license in their immediate possession when making a
pesticide application.
(g)
Duplicate licenses from the department are available for a fee as set forth in
Subsection
4-2-103(2).
The pesticide applicator shall also be in good standing with the department,
and have no unresolved violations or fines, before a replacement license may be
issued.
(h) A new private pesticide
applicator application completed between November 1 and December 31 of the same
year shall be licensed for the remainder of that year and the following three
calendar years.
(7) Private Pesticide Applicator License Recertification and Renewal.
(a) Each private pesticide applicator license
shall expire on December 31 of the third calendar year following its
issuance.
(b) Private pesticide
applicators shall complete required recertifications 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 test and successfully completing each required test with a
minimum score of 70%; or
(ii)
participation in approved CEUs and accumulate the required amount of six total
CEU credits during the valid license time period. A minimum of one credit in
Law, one in Safety, and one in pesticide use are required, while any
combination of the three categories may be used for the remaining three
credits.
(8) Records Maintained. Private pesticide applicators shall keep and maintain records of any restricted use pesticide applications, and of any pesticide applications required by WPS.
(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)
If the licensee is subject to WPS, the location of any pesticide applications,
detailing the address, the metes and bounds, GPS coordinates, or a map showing
the number of applications and the sites treated;
(ii) If the licensee is not subject to the
WPS, the location of any restricted use pesticide applications, detailing the
address, the metes and bounds, GPS coordinates, or a map showing the number of
applications and the sites treated;
(iii) the complete size description of the
pesticide application area, using either acres, square footage, section, or
other legally descriptive and easily understandable terms common to the
industry;
(iv) the specific sites
at the pesticide application location to which any restricted use pesticides
are applied;
(v) the time and date
of the pesticide application, including the month, day, and year when the
restricted use pesticide was applied, and the pesticide application start and
end times;
(vi) the pesticide
product name, as it is written on the pesticide label, of the restricted use
pesticides, the EPA registration number, and mix rate for any restricted use
pesticides applied;
(vii) the
active ingredient of the restricted use pesticide;
(viii) the total amount of restricted use
pesticides, including diluted or RTU pesticides, applied per
application;
(ix) the amount of
restricted use pesticide used per acre or square feet;
(x) the purpose of the restricted use
pesticide application, the pesticide target site, the pesticide target pest,
and, if applicable, the crop to be treated;
(xi) the duration, or length of time,
required for the restricted entry interval:
(xii) the name and pesticide applicator
license number of the certified pesticide applicator who applied the
pesticides, or who directly supervised the use of any restricted use
pesticides; and
(xiii) the name of
any individual who applied pesticides under the exemptions provided in
Subsection R68-7-13(1)(a)(i) or Subsection R68-7-13(1)(a)(ii).
(c) Records shall be kept for a
period of at least two years from the date of the pesticide application and
shall be made available for inspection by the department , within 48 hours of a
request.
(d) Pesticide application
records provided by any commercial pesticide business to the agricultural
establishment shall also be kept for two years, and will provide the same
information required by Subsection R68-7-13(8).
(e) Records shall be kept recording the
maintenance history of pesticide application equipment, any respirator medical
information, respirator fit testing, and any other records required by the
label of the product used or by EPA WPS.
(f) Records shall be kept in a uniform
format.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
