Utah Code 4-14-107. Enforcement — Inspection and sampling authorized — Notice of deficiency to be given registrant — Objects of inspection delineated — Warrants
Equipment: means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide. See Utah Code 4-14-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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)
sample, inspect, and analyze pesticides distributed within this state;
(b)
observe and investigate the use and application of pesticides within this state; and
(c)
inspect equipment used to apply pesticides in this state to determine if the equipment complies with this chapter.
(2)
(a)
If a pesticide sample, upon analysis, fails to comply with this chapter, the department shall give written notice to that effect to the registrant or owner of the pesticide.
(b)
Nothing in this chapter, however, shall be construed as requiring the department to refer minor violations for criminal prosecution or for the institution of condemnation proceedings if the department believes the public interest will best be served through informal action.
(3)
The department, for the purpose of enforcing this section, is authorized at reasonable times to enter any private or public premises for the purpose of:
(a)
inspecting any equipment used in applying pesticides;
(b)
inspecting or sampling lands actually or reported to be exposed to pesticides;
(c)
inspecting storage or disposal areas;
(d)
investigating complaints of injury to animals or lands;
(e)
sampling pesticides wherever located, including in vehicles; or
(f)
observing the use and application of a pesticide.
(4)
The department may proceed immediately, if admittance is refused, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for any purpose specified in Subsection (3) of this section.
Renumbered and Amended by Chapter 345, 2017 General Session
