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) (a) No person may distribute a pesticide in this state that is not registered with thedepartment.
(b) Application for registration shall be made to the department upon forms prescribedand furnished by it accompanied with an annual registration fee determined by the departmentpursuant to Subsection 4-2-2(2) for each pesticide registered.
(c) Upon receipt by the department of a proper application and payment of theappropriate fee, the commissioner shall issue a registration to the applicant allowing distributionof the registered pesticide in this state through June 30 of each year, subject to suspension orrevocation for cause.
(d) (i) Each registration is renewable for a period of one year upon the payment of anannual registration renewal fee in an amount equal to the current applicable original registrationfee.
(ii) 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 whosename 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 rule of the department considered necessary for thesafe and effective use of the pesticide.
(3) (a) Forms for the renewal of registration shall be mailed to registrants at least 30 daysbefore their registration expires.
(b) A registration in effect on June 30 for which a renewal application has been filed andthe registration fee tendered shall continue in effect until the applicant is notified either that theregistration 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 tosubmit the complete formula of any pesticide including active and inert ingredients and may also,for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on whichrestrictions are being considered, require a complete description of all tests and test results thatsupport 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 accordingto 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and (2), satisfy thedepartment 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 causeunreasonable adverse effects on the environment; and
(d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
(6) No registration is required for a pesticide distributed in this state pursuant to anexperimental 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 alicense.
(8) A person shall receive a license before applying:
(a) a restricted use pesticide; or
(b) a general use pesticide for hire or in exchange for compensation.
(9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtainedby:
(i) submitting an application on a form provided by the department;
(ii) paying the license fee determined by the department according to Subsection4-2-2(2); and
(iii) complying with the rules adopted as authorized by this chapter.
(b) A person may apply for a license that expires on December 31:
(i) of the calendar year in which the license is issued; or
(ii) of the second calendar year after the calendar year in which the license is issued.
(c) Notwithstanding Section 63J-1-504, the department shall retain the fees as dedicatedcredits and may only use the fees to administer and enforce this chapter.
Amended by Chapter 378, 2010 General Session
Amended by Chapter 391, 2010 General Session