Utah Code 4-14-108. Suspension or revocation — Grounds — Stop sale, use, or removal order authorized — Court action — Procedure — Award of costs authorized
The department may revoke or suspend the registration of any pesticide upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the registration of the pesticide or in the pesticide’s distribution in this state.
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
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.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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.
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
Pesticide applicator: is a person who:
(a)
applies or supervises the application of a pesticide; and
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
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
The department may issue a “stop sale, use, or removal order” to the owner or distributor of any designated pesticide or lot of pesticide that the department finds or has reason to believe is being offered or exposed for sale in violation of this chapter.
(b)
The order described in Subsection (2)(a) shall be in writing and no pesticide subject to the order shall be moved, offered, or exposed for sale, except upon the subsequent written release by the department.
(c)
Before a release is issued, the department may require the owner or distributor of the “stopped” pesticide or lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market.
(3)
(a)
The department is authorized in a court of competent jurisdiction to seek an order of seizure or condemnation of a pesticide that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent the violation of this chapter.
(b)
No bond shall be required of the department in an injunctive proceeding brought under this section.
(4)
(a)
Subject to Subsection (4)(b), if condemnation is ordered, the pesticide or equipment shall be disposed of as the court directs.
(b)
The department may not order condemnation without giving the registrant or other person an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the pesticide into conformance, or for permission to remove the pesticide from the state.
(5)
If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the pesticide or equipment.
(6)
The department may:
(a)
deny an application for a pesticide applicator license;
(b)
revoke a pesticide applicator license for cause; or
(c)
suspend a pesticide applicator license for cause.
(7)
(a)
If a pesticide applicator license is revoked or suspended under Subsection (6), the license shall be returned to the department within 14 days of the day on which the licensee received notice of the revocation or suspension.
(b)
A licensee who fails to return a license, as described in Subsection (7)(a), may be subjected to an administrative fine of up to $100 for each 14 days the license is not returned.
Renumbered and Amended by Chapter 345, 2017 General Session
