Current through Bulletin 2024-06, March 15, 2024
Restricted Use Pesticide Dealer License Required.
(1) It is unlawful for any person to act,
represent, or advertise themselves as a restricted use pesticide dealer at any
time without obtaining a restricted use pesticide dealer license.
(a) A separate license is required for each
individual business location in the state where restricted use pesticides are
sold or distributed.
(b) Any
manufacturer, registrant, or distributor who has no restricted use pesticide
dealer business licensed within this state, and who distributes a restricted
use pesticide directly into Utah, shall obtain a restricted use pesticide
dealer license for their principal out-of-state business location.
(c) Any manufacturer, registrant, or
distributor who sells only through, or to, a pesticide dealer, is not required
to obtain a restricted use pesticide dealer license.
(2) Restricted Use Pesticide Dealer License
Issuance. Applications for a restricted use pesticide dealer license shall be
on the approved department form. The fees for a restricted use pesticide dealer
license shall be determined in accordance with Subsection
4-2-103(2)
and Section
63J-1-504.
(a) The applicant shall certify on the
application that the business understands and recognizes the rules concerning
the sale of restricted use pesticides and the records that shall be kept and
maintained for two years.
(b) The
applicant shall take online training before the initial issuance of their
license and with every renewal. If a new manager is hired, the manager shall
take online training.
(c) If the
department finds the applicant qualified to sell or distribute restricted use
pesticides, and the applicant has paid any required licensing fees, the
department may issue a restricted use pesticide dealer license. The restricted
use pesticide dealer 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year from the time of licensure, unless it has been revoked or suspended by the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.
(3) Restricted Use Pesticide Dealer License
Renewal. Renewal fees for a restricted use pesticide dealer license shall be
determined in accordance with Subsection
4-2-103(2)
and Section
63J-1-504.
If a restricted use pesticide dealer fails to complete and submit the necessary
renewal forms and certifications to the department before the end of their
license expiration date, a late fee may be assessed and added to the renewal
fee, in accordance with Subsection
4-2-103(2)
and Section
63J-1-504.
(4) Records Maintained. Each licensed
restricted use pesticide dealer location shall keep a record of any restricted
use pesticide sales. This restricted use pesticide sales record shall be
submitted to the department on the department's website , and shall contain the
following information:
(a) the company name of
the restricted use pesticide dealer;
(b) the store or location name of the
restricted use pesticide dealer making the sale;
(c) the complete restricted use pesticide
dealer license number;
(d) the
expiration date of the certified pesticide applicator's certification or
license;
(e) the categories in
which the pesticide applicator is certified relevant to the pesticides
sold;
(f) the complete date of the
sale, including the month, day, and year;
(g) the first and last name of the individual
who made the sale;
(h) the brand
name of the restricted use pesticide sold, the complete EPA registration number
of the restricted use pesticide, and the quantity sold;
(i) the restricted use pesticide product
container size;
(j) the first and
last name of the certified pesticide applicator who made the
purchase;
(k) the complete
pesticide applicator license number of the certified pesticide applicator who
made the purchase; and
(l) the
complete address and contact information of the certified pesticide applicator
who made the purchase, including street name and house number, city, state, zip
code, phone number, and email address.
(m) If the individual who purchased the
restricted use pesticide was authorized by letter, the authorization letter
shall be kept on file for a minimum of two years. The authorization letter
shall contain the name, pesticide applicator license number, signature of the
pesticide applicator who wrote the authorization letter, and the full name of
the individual being authorized to purchase the restricted use pesticide. The
authorization letter may only be used once per restricted use pesticide
purchase. The restricted use pesticide dealer shall verify the information
contained in the authorization letter, and shall verify the identity of the
authorized individual by a government issued identification.
(n) If the individual who purchased the
restricted use pesticide used a temporary pesticide applicator permit, a copy
of the temporary pesticide applicator permit shall be kept on file for a
minimum of two years.
(o) Records
shall be kept for a period of two years from the date of the restricted use
pesticide sale, and shall be made available for inspection by the department.
The department, upon request and within two business days, shall be furnished a
copy of any sales records completed by the restricted use pesticide
dealer.
(5) Submission of
Electronic records. On or before July 1 of each year, restricted use pesticide
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.
(6) Exemption. Section
R68-7-15 shall not apply to a certified pesticide applicator who sells
restricted use pesticides only as an integral part of their commercial
pesticide application business services when the pesticides are dispensed only
through their equipment used for pesticide application.
(7) Restricted Use Pesticide Dealers
Responsible for the Acts of Their Employees. Each restricted use pesticide
dealer shall be responsible for the acts of each person under their employ in
the solicitation and sale of restricted use pesticides, and any claims and
recommendations for the use of restricted use pesticides. A restricted use
pesticide dealer license may be subject to denial, suspension, or revocation
for any violation of Title 4, Chapter 14, Utah Pesticide Control Act or rules
promulgated thereunder, whether committed by the restricted use pesticide
dealer or by the dealer's officer, agent, or employee.
