Agriculture and Food, Plant Industry

Section R68-7-10

Responsibilities of Business and Applicator

Notice of Proposed Rule

(Amendment)

DAR File No.: 34498
Filed: 03/09/2011 02:34:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment will exempt Pesticide Applicators from having to display the license number in any advertisements.

Summary of the rule or change:

The change request is a result of industry representatives that were afraid that the cost to add the license number in advertisements would be of such a cost that it would hinder their business.

State statutory or constitutional authorization for this rule:

• Section 4-14-6

Anticipated cost or savings to:

the state budget:

There is no cost or saving to the state budget. This rule was amended so that the pesticide applicators no longer will be required to add their license number when advertising.

local governments:

There is no cost or saving to local government. This rule was amended so that the pesticide applicators no longer will be required to add their license number when advertising.

small businesses:

There are no additional costs to small businesses because they no longer have to pay for extra space when advertising. This should be a cost savings to small business.

persons other than small businesses, businesses, or local governmental entities:

There will be no additional cost only savings because they will not need to include their applicator license number when advertising which saves space which saves money.

Compliance costs for affected persons:

There is no cost to any individuals associated with the proposed rule changes because they will no longer need to advertise their license number in any advertisements.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact to the regulated business, the amendment will help them save money since they will not have the additional cost of putting their license number in their advertisement.

Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov
• Clair Allen at the above address, by phone at 801-538-7180, by FAX at 801-538-7189, or by Internet E-mail at clairallen@utah.gov
• Clark Burgess at the above address, by phone at 801-538-9929, by FAX at 801-538-7126, or by Internet E-mail at cburgess@utah.gov
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/02/2011

This rule may become effective on:

05/09/2011

Authorized by:

Leonard Blackham, Commissioner

R68. Agriculture and Food, Plant Industry.

R68-7. Utah Pesticide Control Rule.

R68-7-10. Responsibilities of Business and Applicator.

(A) Business Licensee Duties and Responsibilities

(1) A business licensee shall ensure that a qualifying party (licensed applicator) of the business licensee receives the training that the applicator requires to comply fully with the Utah Pesticide statutes and rules and label and labeling directions.

(B) Responsibility for business and employee(s)

(1) A business licensee, qualifying party and/or applicator may be held responsible for the acts or omissions of another person who is employed by the business licensee. It is the business' responsibility to properly train, equip, and prepare the other person(s) and maintain records of proper training and equipping.

(2) Failure to fully respond to requests by the commissioners designated agent, in a stated time, for information relating to training and equipping will be evidence for a failure to properly train or equip. The supervising licensee has the burden of proof by a preponderance of the evidence that the business licensee, qualifying party or applicator has fulfilled the required duties as prescribed by this chapter, rules adopted pursuant to this chapter or a written order of the commissioner.

(C) Use of business name and license number.

(1) A business licensee must prominently display the license issued by the Department at the primary business office and each branch office.

(2) A business licensee shall prominently display the business name and license number, as recorded on the license issued by the Department, on:

(a) Customer proposals or contracts for pest management services;

(b) Service records and service notifications;

[(c) Advertisements; and

] [(d)](c) Service vehicles and trailers used in providing pest management services. The business licensee shall ensure that the business name and license number is displayed on a service vehicle or trailer used in providing pest management services conforms to the following:

(i) Is affixed to the service vehicle or trailer used in providing pest management services within 30 days after the Department issues the license or issues a business license change or after the service vehicle or trailer is acquired, whichever is sooner.

(ii) Is in a color that contrasts with the color of the service vehicle and trailer;

(iii) Is prominently displayed on both sides of the service vehicle or trailer;

(iv) Uses at least two-inch letters for the principal words in the business name and at least one and one-half inch letters for other words in the business name; and

(v) Uses at least two-inch numbers for the license number.

(vi) Letters and numbers must be weatherproof.

(3) A business licensee that always uses a service vehicle and trailer together is required to mark only the service vehicle or trailer as described in subsection (2)(d). A business licensee that uses a vehicle only for sales, solicitations, or solely for inspections and does not carry a pesticide, and does not otherwise use the vehicle to provide a pest management service, is not required to mark the vehicle as described in subsection (2)(d).

(4) When complying with subsection (2), a business licensee may use a slogan, trade name, or trade mark in addition to the business name and license number. When complying with subsection (2), a business licensee may use a word or phrase to indicate its former licensed business name if it had a previously licensed business name.

(D) Customer Notification.

(1) Prior to the time of each application of a restricted-use pesticide with a Danger/Danger-Poison signal word, the licensed commercial applicator or an employee of the licensed pesticide business shall provide the customer with a written statement containing the following information:

(a) Business name and telephone number of the licensed business.

(b) Name and license number of the licensed applicator who made the application

(c) Date and time of application.

(d) Type of pesticide application service and brand name of pesticide(s) applied.

(e) Instructions to the customer to contact the business telephone number if more specific information is desired regarding the pesticide product applied.

(2) The written statement required in subsection (1) shall be provided to the customer by any of the following means:

(a) Leave at the residence.

(b) In the case of a multiunit residence leave with the property manager or his/her authorized representative, or

(c) Mail to the property manager or his/her authorized representative if management is located at a location other than the pesticide application site, within seven (7) days prior to the date of the pesticide application.

 

KEY: inspections, pesticides

Date of Enactment or Last Substantive Amendment: [January 4, 2010]2011

Notice of Continuation: March 16, 2006

Authorizing, and Implemented or Interpreted Law: 4-14-6