Section R68-7-16 - Responsibilities of Pesticide Applicator Businesses and Pesticide Applicators(1) Pesticide Applicator Business Duties and Responsibilities.(a) A pesticide applicator business shall ensure the qualifying party of the business, as described in Section 4-14-111, receives the training the qualifying party requires to comply fully with state law, individual pesticide label restrictions, and any applicable labeling directions.(b) Evidence of any pesticide training and attendance shall be recorded and kept on file, and shall include the name of the employee, their respective pesticide applicator license number, the pesticide topics and specific products covered, and the signatures of the trainees and the trainer. The agenda and copies of the pesticide training material shall be retained for two years after the termination of any employee.(c) It is the business owner's responsibility to verify that each employed pesticide applicator is properly certified in the appropriate pesticide categories.(d) Each pesticide service vehicle shall carry complete, appropriate, legible, and up-to-date labels for each pesticide applied directly from that pesticide service vehicle. (i) Original labels are preferred, and it is prohibited to remove any label from any container still containing any pesticide concentrate.(ii) If any pesticide labels are printed from an internet source, the revision number or date should be verified with the label on the container to ensure the correct version is used.(iii) Electronic copies of labels are not acceptable.(2) Responsibilities of the pesticide business and employees.(a) A pesticide business, their qualifying party, or their pesticide applicator may be held responsible for the acts or omissions of an employee of the pesticide business. It is the responsibility of the pesticide business to properly train, equip, and prepare their employees, and to maintain records of employee training and equipment.(b) Failure to respond to or fully disclose information pursuant to any requests by the department within two business days, for information relating to the training and equipment of a pesticide business and their employees shall be evidence of a failure to properly train or equip. The pesticide business owner, qualifying party, or designated pesticide business supervisor has the burden of proof by a preponderance of the evidence that the pesticide business, qualifying party, or pesticide business employee has fulfilled the required duties as prescribed by this rule or a written order of the department.(3) Use of pesticide business name and license number.(a) A pesticide business shall prominently display the pesticide business license issued by the department at the primary pesticide business office and at each branch office.(b) In addition to the requirements of Subsection R68-7-16(3)(a), a pesticide business shall prominently display the pesticide business name and corresponding license number, as recorded on the license issued by the department, on:(i) customer proposals or contracts that include pest management services; (ii) service records and service notifications; and(iii) pesticide business service vehicles and trailers used in providing pest management services.(c) Pesticide business names and corresponding license numbers displayed on a pesticide business service vehicle or trailer used in providing pest management services shall conform to the following:(i) are 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) are in a color that contrasts with the color of the service vehicle and trailer;(iii) are prominently displayed on both sides of the service vehicle or trailer;(iv) use at least two-inch letters for the principal words in the pesticide business name and at least one and one-half inch letters for other words in the pesticide business name;(v) use at least two-inch numbers for the pesticide business license number; and(vi) use letters and numbers that are weatherproof.(d) A pesticide business that always uses a pesticide business service vehicle and trailer together shall only mark either the service vehicle or trailer as described in Subsection R68-7-16(3)(c). A pesticide business that uses a vehicle only for sales, solicitations, or solely for inspections, and does not carry a pesticide or pesticide application equipment, and does not otherwise use the vehicle to provide a pest management service, is not required to mark the vehicle as described in Subsection R68-7-16(3)(c).(e) When complying with Subsection R68-7-16(3)(c), a pesticide business may use a slogan, trade name, or trade mark in addition to the pesticide business name and corresponding license number. When complying with Subsection R68-7-16(3)(c), a pesticide business may use a word or phrase to indicate its formerly licensed pesticide business name, if it had a formerly licensed pesticide business name.(4) Pesticide Application Notification. (a) Before the time of each application of a restricted use pesticide with a Danger or Danger-Poison signal word, the certified commercial pesticide applicator, or an employee of the licensed pesticide business shall provide the customer with a written statement containing the following information:(i) the pesticide business name, pesticide business license number, and telephone number;(ii) the name and pesticide applicator license number of the licensed pesticide applicator who will make the application;(iii) the date and time of the pesticide application;(iv) the type of pesticide application service and brand name and EPA registration number of pesticides applied; and(v) instructions to the customer to contact the pesticide business telephone number if more specific information is desired regarding the pesticide product applied.(b) The written statement required in Subsection R68-7-16(4)(a) shall be provided to the customer by any of the following means:(i) leave statement at the residence;(ii) in the case of a multi-unit residence, leave the statement with the property manager or their authorized representative; or(iii) mail to the property manager or their authorized representative if management is located at a location other than the pesticide application site, at least seven calendar days before the date of the pesticide application.Utah Admin. Code R68-7-16
Adopted by Utah State Bulletin Number 2021-18, effective 9/1/2021Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022