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2006 Utah Code - 4-14-6 — Department authorized to make and enforce rules.
4-14-6. Department authorized to make and enforce rules.
The department is authorized, subject to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, to:
(1) declare as a pest any form of plant or animal life (other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals) which is injurious to health or the environment;
(2) determine in accordance with the regulations promulgated by the EPA under Section 25(c)(2) of FIFRA whether pesticides registered for special local needs under the authority of Section 24(c) of FIFRA are highly toxic to man;
(3) determine, 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 it determines upon substantial evidence presented at a public hearing and upon recommendation of the pesticide committee that restricted use is necessary to prevent damage to property or to the environment; or
(5) adopt any rule, not inconsistent with federal regulations promulgated under FIFRA, considered necessary to administer and enforce this chapter, including but not limited to, rules relating to the sale, distribution, use, and disposition of pesticides as deemed necessary to prevent damage and to protect the public health.
The department is authorized, subject to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, to:
(1) declare as a pest any form of plant or animal life (other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals) which is injurious to health or the environment;
(2) determine in accordance with the regulations promulgated by the EPA under Section 25(c)(2) of FIFRA whether pesticides registered for special local needs under the authority of Section 24(c) of FIFRA are highly toxic to man;
(3) determine, 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 it determines upon substantial evidence presented at a public hearing and upon recommendation of the pesticide committee that restricted use is necessary to prevent damage to property or to the environment; or
(5) adopt any rule, not inconsistent with federal regulations promulgated under FIFRA, considered necessary to administer and enforce this chapter, including but not limited to, rules relating to the sale, distribution, use, and disposition of pesticides as deemed necessary to prevent damage and to protect the public health.
Amended by Chapter 20, 1995 General Session
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