Utah Code 4-14-106. Department authorized to make and enforce rules

The department may, by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules to:

(1)

declare as a pest any form of plant or animal life that is injurious to health or the environment, except:

Terms Used In Utah Code 4-14-106

Animal: means all vertebrate or invertebrate species. See Utah Code 4-14-102
Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
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
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act. 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
Pest: means :

(i)	any insect, rodent, nematode, fungus, weed; or

(ii)

any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest. See Utah Code 4-14-102

Pesticide applicator: is a person who:

(a)	applies or supervises the application of a pesticide; and

(b)	is required by this chapter to have a license. See Utah Code 4-14-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 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)	a human being; or

(b)	a bacteria, virus, or other microorganism on or in a living person or animal;

(2)	establish, in accordance with the regulations issued by the EPA under 7 U.S.C. § 136w(c)(2), whether pesticides registered for special local needs under the authority of 7 U.S.C. § 136v(c) are highly toxic to man;

(3)	establish, consistent with EPA regulations, that certain pesticides or quantities of substances contained in these pesticides are injurious to the environment;

(4)	adopt a list of “restricted use pesticides” for the state or designated areas within the state if the department determines upon substantial evidence presented at a public hearing that restricted use is necessary to prevent damage to property or to the environment;

(5)	establish qualifications for a pesticide applicator business; and

(6)	adopt any rule, not inconsistent with federal regulations issued under FIFRA, considered necessary to administer and enforce this chapter, including rules relating to the sale, distribution, use, and disposition of pesticides if necessary to prevent damage and to protect the public health.

Amended by Chapter 154, 2020 General Session

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