Utah Administrative Code
Topic - Agriculture and Food
Title R68 - Plant Industry
Rule R68-7 - Utah Pesticide Control Rule
Section R68-7-16 - Responsibilities of Pesticide Applicator Businesses and Pesticide Applicators
Universal Citation: UT Admin Code R 68-7-16
Current through Bulletin 2024-06, March 15, 2024
(1) Pesticide Applicator Business Duties and Responsibilities.
(a) A pesticide applicator business shall
ensure the qualifying party of the business, as described in Section
4-14-111,
receives the training the qualifying party requires to comply fully with state
law, individual pesticide label restrictions, and any applicable labeling
directions.
(b) Evidence of any
pesticide training and attendance shall be recorded and kept on file, and shall
include the name of the employee, their respective pesticide applicator license
number, the pesticide topics and specific products covered, and the signatures
of the trainees and the trainer. The agenda and copies of the pesticide
training material shall be retained for two years after the termination of any
employee.
(c) It is the business
owner's responsibility to verify that each employed pesticide applicator is
properly certified in the appropriate pesticide categories.
(d) Each pesticide service vehicle shall
carry complete, appropriate, legible, and up-to-date labels for each pesticide
applied directly from that pesticide service vehicle.
(i) Original labels are preferred, and it is
prohibited to remove any label from any container still containing any
pesticide concentrate.
(ii) If any
pesticide labels are printed from an internet source, the revision number or
date should be verified with the label on the container to ensure the correct
version is used.
(iii) Electronic
copies of labels are not acceptable.
(2) Responsibilities of the pesticide business and employees.
(a) A pesticide
business, their qualifying party, or their pesticide applicator may be held
responsible for the acts or omissions of an employee of the pesticide business.
It is the responsibility of the pesticide business to properly train, equip,
and prepare their employees, and to maintain records of employee training and
equipment.
(b) Failure to respond
to or fully disclose information pursuant to any requests by the department
within two business days, for information relating to the training and
equipment of a pesticide business and their employees shall be evidence of a
failure to properly train or equip. The pesticide business owner, qualifying
party, or designated pesticide business supervisor has the burden of proof by a
preponderance of the evidence that the pesticide business, qualifying party, or
pesticide business employee has fulfilled the required duties as prescribed by
this rule or a written order of the department.
(3) Use of pesticide business name and license number.
(a) A pesticide business shall
prominently display the pesticide business license issued by the department at
the primary pesticide business office and at each branch office.
(b) In addition to the requirements of
Subsection R68-7-16(3)(a), a pesticide business shall prominently display the
pesticide business name and corresponding license number, as recorded on the
license issued by the department, on:
(i)
customer proposals or contracts that include pest management services;
(ii) service records and service
notifications; and
(iii) pesticide
business service vehicles and trailers used in providing pest management
services.
(c) Pesticide
business names and corresponding license numbers displayed on a pesticide
business service vehicle or trailer used in providing pest management services
shall conform to the following:
(i) are
affixed to the service vehicle or trailer used in providing pest management
services within 30 days after the department issues the license, or issues a
business license change, or after the service vehicle or trailer is acquired,
whichever is sooner;
(ii) are in a
color that contrasts with the color of the service vehicle and
trailer;
(iii) are prominently
displayed on both sides of the service vehicle or trailer;
(iv) use at least two-inch letters for the
principal words in the pesticide business name and at least one and one-half
inch letters for other words in the pesticide business name;
(v) use at least two-inch numbers for the
pesticide business license number; and
(vi) use letters and numbers that are
weatherproof.
(d) A
pesticide business that always uses a pesticide business service vehicle and
trailer together shall only mark either the service vehicle or trailer as
described in Subsection R68-7-16(3)(c). A pesticide business that uses a
vehicle only for sales, solicitations, or solely for inspections, and does not
carry a pesticide or pesticide application equipment, and does not otherwise
use the vehicle to provide a pest management service, is not required to mark
the vehicle as described in Subsection R68-7-16(3)(c).
(e) When complying with Subsection
R68-7-16(3)(c), a pesticide business may use a slogan, trade name, or trade
mark in addition to the pesticide business name and corresponding license
number. When complying with Subsection R68-7-16(3)(c), a pesticide business may
use a word or phrase to indicate its formerly licensed pesticide business name,
if it had a formerly licensed pesticide business name.
(4) Pesticide Application Notification.
(a) Before the time of each application of a
restricted use pesticide with a Danger or Danger-Poison signal word, the
certified commercial pesticide applicator, or an employee of the licensed
pesticide business shall provide the customer with a written statement
containing the following information:
(i) the
pesticide business name, pesticide business license number, and telephone
number;
(ii) the name and pesticide
applicator license number of the licensed pesticide applicator who will make
the application;
(iii) the date and
time of the pesticide application;
(iv) the type of pesticide application
service and brand name and EPA registration number of pesticides applied;
and
(v) instructions to the
customer to contact the pesticide business telephone number if more specific
information is desired regarding the pesticide product applied.
(b) The written statement required
in Subsection R68-7-16(4)(a) shall be provided to the customer by any of the
following means:
(i) leave statement at the
residence;
(ii) in the case of a
multi-unit residence, leave the statement with the property manager or their
authorized representative; or
(iii)
mail to the property manager or their authorized representative if management
is located at a location other than the pesticide application site, at least
seven calendar days before the date of the pesticide application.
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.