SB 26 — Pest Control Amendments

12-05Enrolled 15:24Copy S.B.

Albrecht 3 LONG TITLE CommitteeGeneral Note:Description:

The Natural Resources, Agriculture, and Environment Interim Committee recommended this bill.

Legislative Vote:10 voting for 0 voting against 9 absent General Description:

None S Other Special Clauses:

None BUtah .Code Sections Affected:

UtahAMENDS: Code Sections Affected:

24-14-102, AMENDS:as last amended by Laws of Utah 2023, Chapter 34 4-14-106, as last amended by Laws of Utah 2020, Chapter 154 4-14-108, as renumbered and amended by Laws of Utah 2017, Chapter 345 4-14-109, as renumbered and amended by Laws of Utah 2017, Chapter 345 S.B.

626 4-14-102,Enrolled asCopy last4-14-110, amended by Laws of Utah 2023, Chapter 34 4-14-106, as lastrenumbered and amended by Laws of Utah 2020,2017, Chapter 154345 4-14-108,4-14-111, as renumberedlast and amended by Laws of Utah 2017,2024, Chapter 345104 S.B.ENACTS:

26 12-05 15:24 4-14-109, as renumbered and amended by Laws of Utah 2017, Chapter 345 4-14-110, as renumbered and amended by Laws of Utah 2017, Chapter 345 4-14-111, as last amended by Laws of Utah 2024, Chapter 104 ENACTS:

[(11)] (9)(a) "Equipment" means any type of ground, water, or aerial equipment or - 2 - 12-05Enrolled 15:24Copy S.B.

26 [(11)] (9)(a) "Equipment" means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide.

[(19)] (17) "Land" means land, water, air, and plants, animals, structures, buildings, - 3 - S.B.

26 12-05Enrolled 15:24Copy [(19)] (17) "Land" means land, water, air, and plants, animals, structures, buildings, contrivances, and machinery appurtenant or situated [thereon] on land, water, air, or a plant, animal, structure, or contrivance, whether fixed or mobile, including any used for transportation.

(b) any substance or mixture of substances intended to be used as a plant regulator, -defoliant, 4or -desiccant; 12-05 15:24 S.B.

26- defoliant,4 or- desiccant;Enrolled Copy S.B.

26 (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;

156.64 to indicate the toxicity category of the pesticide, including "danger," "warning," or "caution." (31) "Soliciting" means an act to solicit a person to agree to the application of a pesticide as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative -Rulemaking 5Act. - S.B.

26- 12-055 15:24- RulemakingS.B. Act.

26 Enrolled Copy [(32) "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.] [(33)] (32) "Weed" means any plant that grows where not wanted.

and [(6)] (h) adopt any rule, not inconsistent with federal regulations issued under FIFRA,[ ] considered necessary to administer and enforce this chapter, including[ ] rules relating to the sale, distribution, use, and disposition of pesticides if necessary to -prevent 6damage -and 12-05to 15:24protect S.B.the public health.

26- prevent6 damage- andEnrolled toCopy protectS.B. the public health.

26 (2) The department shall report to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the 2026 November interim meeting of that committee regarding a rule made under this chapter to implement requirements related to an ornamental and turf technician or salesperson permitted under Section 4-14-112.

(5) If the court orders condemnation, court costs, fees, storage, and other costs shall be - 7 - S.B.

26 12-05Enrolled 15:24Copy (5) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the pesticide or equipment.

-(a) 8submitting -an 12-05application 15:24on S.B.a form provided by the department;

26- (a)8 submitting- anEnrolled applicationCopy onS.B. a form provided by the department;

26 (b) paying the registration fee;

(b) A pesticide applicator business whose registration certificate has been suspended may apply to the department for reinstatement of the registration certificate by -demonstrating 9compliance -with S.B.this chapter and rules authorized by this chapter.

26- 12-059 15:24- demonstratingS.B. compliance with this chapter and rules authorized by this chapter.

26 Enrolled Copy (6) A pesticide applicator business shall:

and (d) ensure that a certified applicator or ornamental and turf technician employed by the pesticide applicator business understands and complies with the label on a pesticide.

-(iii) 10having -no 12-05outstanding 15:24infractions S.B.and owing no money to the department;

26 (iii) having no outstanding infractions and owing- no10 money- toEnrolled theCopy department;S.B.

and26 (iv) paying the permit fee determined by the department according to Subsection 4-2-103(2).

-(iii) 11having -no S.B.outstanding infractions and owing no money to the department;

26 12-05 15:24 (iii) having no outstanding infractions and owing- no11 money- toS.B. the department;

and26 Enrolled Copy (iv) paying the permit fee determined by the department according to Subsection 4-2-103(2).