Environment: means all living plants and animals, water, air, land, and the interrelationships that exist between them. 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
(a)
issue an experimental use permit to any person if the department determines that the applicant needs such a permit in order to accumulate information necessary to register a pesticide under Section 4-14-103; or
(b)
refuse to issue an experimental permit if the department determines that issuance is not warranted or that the pesticide use to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
(2)
The department may also with respect to issuance of an experimental use permit:
(a)
prescribe the terms and conditions for the conduct of the experimental use that in all events shall be under the supervision of the department; and
(b)
revoke or modify any experimental use permit if the department determines that the terms or conditions of the experimental use are being violated, or that the terms and conditions prescribed are inadequate to avoid unreasonable adverse effects to the environment.
(3)
Application for an experimental use permit may be made before, after, or simultaneously with an application for registration.
Renumbered and Amended by Chapter 345, 2017 General Session
