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.
Ornamental and turf pest control: means the use of a pesticide to control ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs, flowers, or turf. See Utah Code 4-14-102
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: 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
Qualifying party: means a certified qualified applicator who is the owner or employee of a pesticide applicator business and who is registered with the department as the individual responsible for ensuring the training, equipping, and supervision of all pesticide applicators who work for the pesticide applicator business. See Utah Code 4-14-102
Spot treatment: means the limited application of an herbicide to an area that is no more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller, using equipment that is designed to contain no more than five gallons of mixture. See Utah Code 4-14-102
(a)
submitting an application on a form provided by the department;
(b)
paying the registration fee; and
(c)
certifying that the business is in compliance with this chapter and departmental rules authorized by this chapter.
(2)
(a)
By following the procedures and requirements of Section 63J-1-504, the department shall establish a registration fee based on the number of pesticide applicators employed by the pesticide applicator business.
(b)
(i)
Notwithstanding Section 63J-1-504, the department shall deposit the fees as dedicated credits and may only use the fees to administer and enforce this chapter.
(ii)
The Legislature may annually designate the revenue generated from the fee as nonlapsing in an appropriations act.
(3)
The department shall issue a business registration certificate to a pesticide applicator business if the individual or entity:
(a)
has complied with the requirements of this section;
(b)
has shown evidence of competence in the pesticide profession and meets the certification requirements established by rule;
(c)
provides evidence that the owner or qualifying party is a certified applicator;
(d)
provides evidence that the owner or qualifying party:
(i)
has been a certified applicator for at least two years out of the 10 years immediately before the date of the application for a business registration certificate is received by the department; or
(ii)
holds an associate degree or higher in horticulture, agricultural sciences, biological sciences, pest management, or a related field;
(e)
demonstrates good character;
(f)
has no outstanding infractions and owes no money to the department; and
(g)
pays the licensing fee established by the department.
(4)
A registration certificate expires on December 31 of the second calendar year after the calendar year in which the registration certificate is issued.
(5)
(a)
The department may suspend a registration certificate if the pesticide applicator business violates this chapter or any rules authorized by it.
(b)
A pesticide applicator business whose registration certificate has been suspended may apply to the department for reinstatement of the registration certificate by demonstrating compliance with this chapter and rules authorized by this chapter.
(6)
A pesticide applicator business shall:
(a)
only employ a pesticide applicator who has received a license from the department, as required by Section 4-14-103; and
(b)
ensure that all employees comply with this chapter and the rules authorized by this chapter.
(7)
An individual or entity applying for a business registration certificate does not have to meet the requirements of Subsection (3)(d) if the individual’s or entity’s sole use of pesticides is limited to:
(a)
providing ornamental and turf pest controlspot treatment services; and
(b)
herbicides with labels that contain the signal word “caution” or “warning.”
