Section R68-7-12 - Non-Commercial Pesticide Applicators(1) Non-Commercial Pesticide Applicator License Required. (a) A non-commercial pesticide applicator license is required for applying restricted use pesticides for a city, county, state, or federal government entity, or for corporations, businesses, or any other entity that does not require a commercial pesticide applicator license.(b) No person shall purchase, use, or demonstrate the use of any restricted use pesticide without becoming certified and obtaining a non-commercial pesticide applicator license issued by the department.(c) Each person performing the physical act of applying restricted use pesticides shall be certified and have a valid noncommercial pesticide applicator license.(2) Non-Commercial Pesticide Applicator Application and Fee Requirements. The fees for a non-commercial pesticide applicator license shall be determined in accordance with Subsection 4-2-103(2) and Section 63J-1-504. (a) An application for a non-commercial pesticide applicator license shall be made on the approved department form.(b) A n o n -commercial pesticide applicator license shall only be issued after the applicant has successfully passed the required pesticide applicator tests, or after recertifying according to CEU requirements.(c) Each individual performing the physical act of applying restricted use pesticides shall be licensed as a non-commercial pesticide applicator.(d) A testing fee, retest fee, or any related fee, may be determined by approved testing centers, according to their own individual policies.(3) Non-Commercial Pesticide Applicator Initial Certification.(a) Fees for testing may be established and charged by any testing center, including those operated by the department.(b) The applicant may acquire any necessary study materials from the department website.(c) The applicant should schedule required pesticide applicator tests with a testing center approved by the department.(4) Non-Commercial Pesticide Applicator Testing Procedures. (a) A new applicant for a non-commercial pesticide license shall demonstrate competency and knowledge of pesticide applications, laws, and other relevant subjects by successfully completing the approved pesticide applicator tests and department application forms. Pesticide applicator tests shall be proctored at approved testing centers.(b) An applicant for a non-commercial pesticide applicator license shall first pay licensing fees to the department, and obtain a receipt of license payment.(c) An applicant for a non-commercial pesticide applicator license shall find a testing center from a list of approved testing centers on the department's website.(d) An applicant for a non-commercial pesticide applicator license shall present their receipt of license payment from the department, and valid government issued identification, to the proctor at the applicant's chosen testing center.(e) Cheating, ejection from testing, or failure to follow the rules of the department or testing center shall, at the discretion of the department, constitute fraud under these rules. Applicants are subject to this rule, regardless of whether the applicant successfully passes or not.(f) The pesticide applicator core test must be successfully completed with a minimum score of 70%, before any pesticide category tests may be attempted.(g) At least one pesticide category test must be taken and successfully completed with a minimum score of 70% before a noncommercial pesticide applicator license may be obtained.(h) The steps to recertify solely by testing are the same as for an initial applicant. The pesticide applicator core test must be successfully completed with a minimum score of 70%, before any pesticide category tests may be attempted.(i) Upon the successful completion of the appropriate pesticide applicator tests, the applicant shall complete the department's completion form, which can be found online in the testing program.(j) The rules of a testing center, if more restricting than those of the department, shall take precedence over those of the department during the administration of the pesticide applicator tests.(k) If the minimum score of 70% is not obtained after two attempts, the person taking the tests must wait 24 hours, pay any additional retest fees to the testing center, and begin retesting on any failed tests.(5) Non-Commercial Pesticide Applicator Certification Tests and Review. The pesticide applicator tests and methods of testing shall be determined and approved by the department. The review of applications shall be made by the department for determining eligibility.(6) Non-Commercial Pesticide Applicator License Issuance.(a) A temporary pesticide applicator permit shall be issued automatically by email for the successful completion of the pesticide applicator core test and each pesticide category test and provided each other department requirement is met. The temporary permit will expire 30 days from the date it was issued. The pesticide applicator core test must be successfully completed with a minimum score of 70%, before any pesticide category tests may be attempted. A temporary pesticide applicator permit is not valid if only the pesticide applicator core test is successfully completed, and no additional pesticide category test is successfully completed.(b) The pesticide applicator is responsible to verify their license is processed by the department.(c) A non-commercial pesticide applicator license shall be issued when the following conditions have been met:(i) an application form has been submitted to the department;(ii) any fees have been paid;(iii) the applicant is in good standing with the department; and(iv) the applicant has successfully passed the appropriate tests to apply pesticides in the classifications for which they have applied(d) The non-commercial pesticide applicator license shall expire on December 31 of the third calendar year from the time of licensure, unless it has been revoked or suspended by the department for cause, which may include any combination of the unlawful acts given in Section R68-7-20.(e) If an application for a non-commercial pesticide applicator license is denied, the applicant shall be informed of the reason by email or mail.(f) A pesticide applicator shall have their license in their immediate possession when making a pesticide application.(g) If the pesticide applicator requests a duplicate license from the department, a fee determined by the department, pursuant to Subsection 4-2-103(2), shall be paid. The pesticide applicator must also be in good standing, having no unresolved violations or fines, before a replacement license shall be issued.(h) A new non-commercial pesticide applicator application completed between November 1 and December 31 of the same year shall be licensed for the remainder of that year and the following three calendar years.(7) Non-Commercial Pesticide Applicator License Recertification and Renewal. (a) Each non-commercial pesticide applicator license shall expire on December 31 of the third calendar year following its issuance.(b) Non-Commercial pesticide applicators must recertify before their license expires, and may be subject to re-examination at any time during their valid license period.(c) Recertification options include:(i) completion of the original certification process by taking the required pesticide core and pesticide category test and successfully completing each required test with a minimum score of 70%; or(ii) participate in approved CEUs and accumulate the required amount of 24 total CEU credits during the valid license time period. A minimum of two credits in law, six in safety, and ten in pesticide use are required, while any combination of the three categories may be used for the remaining six credits.(8) Records Maintained. Non-Commercial applicators shall keep and maintain records of any restricted use pesticide applications.(a) These records shall be recorded within 24 hours after the pesticide application is made.(b) The application records shall include the following information:(i) the name and address of the person for whom the restricted use pesticide is applied;(ii) the address of the restricted use pesticide application location, if the pesticide application location differs from the location provided pursuant to Subsection R68-7-12(8)(b)(i);(iii) the complete square footage of the area to be treated with restricted use pesticides;(iv) the specific sites at the pesticide application location to which any restricted use pesticides are applied;(v) the time and date, including the month, day, and year when the restricted use pesticide was applied;(vi) the brand name of the restricted use pesticides, EPA registration number, and mix rate for any restricted use pesticides applied;(vii) the total amount of restricted use pesticides, including diluted or ready-to-use (RTU) pesticides, applied per application;(viii) the purpose of the restricted use pesticide application, the pesticide target site, and pest to be treated; and(ix) the name and non-commercial pesticide applicator license number of the certified non-commercial pesticide applicator who applied the pesticides.(c) Records shall be kept for a period of at least two years from the date of the pesticide application and shall be available for inspection by the department , upon request.(d) Records shall be furnished in a uniform format.Utah Admin. Code R68-7-12
Amended by Utah State Bulletin Number 2021-18, effective 9/1/2021Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022