Each container of pesticide distributed in this state shall bear a label setting forth:
Terms Used In Utah Code 4-14-104
Environment: means all living plants and animals, water, air, land, and the interrelationships that exist between them. See Utah Code 4-14-102
EPA: means the United States Environmental Protection Agency. See Utah Code 4-14-102
FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act. See Utah Code 4-14-102
Label: means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. See Utah Code 4-14-102
Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
Pesticide: means any:
(a)
substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest;
(b)
any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;
(c)
any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and
(d)
any other substance designated by the department by rule. See Utah Code 4-14-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
the name, brand, or trademark under which the pesticide is distributed;
(b)
subject to Subsection (2), an accurate statement of the ingredients on:
(i)
the part of the immediate container that is presented or displayed under customary conditions of purchase; and
(ii)
on the outside container and wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read;
(c)
a warning or caution statement if necessary, which, if complied with together with any requirements imposed under Section 3(d) of FIFRA, is adequate to protect health and the environment;
(d)
the net weight or measure of the content;
(e)
the name and address of the manufacturer, registrant, or person for whom manufactured;
(f)
the EPA registration number assigned to each establishment in which the pesticide was produced and the EPA registration number assigned to the pesticide, if required by regulations under FIFRA;
(g)
the federal use classification under which the pesticide is registered or designated for “experimental use only”; and
(h)
directions for use of the pesticide sufficient to carry out the purposes for which the product is intended and which, if complied with together with any requirements imposed under Section 3(d) of FIFRA, are adequate to protect health and the environment.
(2)
An ingredient statement may appear prominently on another part of a container, as permitted under Section 2(q)(2)(A) of FIFRA, if the size or form of the container makes it impractical to place the ingredient statement on the part of the retail package that is presented or displayed under customary conditions of purchase.
(3)
If the pesticide is highly toxic the label shall, in addition to the other label requirements, display:
(a)
the skull and crossbones;
(b)
the word “POISON” in red prominently displayed on a background of distinctly contrasting color; and
(c)
a statement of a practical treatment, first aid or otherwise, in case of poisoning by the pesticide.
Renumbered and Amended by Chapter 345, 2017 General Session
