2006 Utah Code - 4-14-3 — Registration required for distribution -- Application -- Fees -- Renewal -- Local needs registration -- Distributor or applicator license -- Fees -- Renewal.

     4-14-3.   Registration required for distribution -- Application -- Fees -- Renewal -- Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
     (1) No person may distribute a pesticide in this state which is not registered with the department. Application for registration shall be made to the department upon forms prescribed and furnished by it accompanied with an annual registration fee determined by the department pursuant to Subsection 4-2-2 (2) for each pesticide registered. Upon receipt by the department of a proper application and payment of the appropriate fee, the commissioner shall issue a registration to the applicant allowing distribution of the registered pesticide in this state through June 30 of each year, subject to suspension or revocation for cause. Each registration is renewable for a period of one year upon the payment of an annual registration renewal fee in an amount equal to the current applicable original registration fee. Each renewal fee shall be paid on or before June 30 of each year.
     (2) The application shall include the following information:
     (a) the name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's name;
     (b) the name of the pesticide;
     (c) a complete copy of the label which will appear on the pesticide; and
     (d) any information prescribed by regulation of the department deemed necessary for the safe and effective use of the pesticide.
     (3) Forms for the renewal of registration shall be mailed to registrants at least 30 days before their registration expires. A registration in effect on June 30 for which a renewal application has been filed and the registration fee tendered shall continue in effect until the applicant is notified either that the registration is renewed or that it is suspended or revoked pursuant to Section 4-14-8.
     (4) The department may, before approval of any registration, require the applicant to submit the complete formula of any pesticide including active and inert ingredients and may also, for any pesticide not registered pursuant to Section (3) of FIFRA or for any pesticide on which restrictions are being considered, require a complete description of all tests and test results that support the claims made by the applicant or the manufacturer of the pesticide.
     (5) A registrant who desires to register a pesticide to meet special local needs pursuant to Section 24(c) of FIFRA shall, in addition to complying with Subsections (1) and (2), satisfy the department that:
     (a) a special local need exists;
     (b) the pesticide warrants the claims made for it;
     (c) the pesticide, if used in accordance with commonly accepted practices, will not cause unreasonable adverse effects on the environment; and
     (d) the proposed classification for use conforms with Section 3(d) of FIFRA.
     (6) No registration is required for a pesticide distributed in this state pursuant to an experimental use permit issued by the EPA or under Section 4-14-5.
     (7) No pesticide dealer may distribute a restricted use pesticide in this state without a license. No person may apply a pesticide for hire in this state without a license. A license to engage in either activity may be obtained upon application from the department upon the payment of a license fee determined by the department pursuant to Subsection 4-2-2 (2), which shall entitle the applicant to engage in the otherwise proscribed activity through December 31 of the year in which the license is issued. Such a license is annually renewable upon the payment of an annual

license renewal fee determined by the department pursuant to Subsection 4-2-2 (2).

Amended by Chapter 130, 1985 General Session