Pest Control Amendments, the official text

Pest Control Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
House Sponsor: Carl R. Albrecht

LONG TITLE
General Description:
This bill addresses the regulation of pest control.
Highlighted Provisions:
This bill: modifies the definition provision;
addresses rulemaking and requires reporting regarding rulemaking;
removes certain language regarding liability;
amends provisions related to a pesticide applicator business, including: modifying fee requirements;
repealing the qualified party concept; and
providing for a registration established by rule;

provides for permitting of ornamental and turf technicians, including fine amounts;
provides for permitting of certain salespersons; and
makes technical and conforming amendments.

Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: AMENDS:
4-14-102, 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
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:
4-14-112, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-14-102 is amended to read:
4-14-102. Definitions.
As used in this chapter: (1) "Active ingredient" means an ingredient that: (a) prevents, destroys, repels, controls, or mitigates pests; or
(b) acts as a plant regulator, defoliant, or desiccant.

[(2) "Adulterated pesticide" means a pesticide with a strength or purity that is below the standard of quality expressed on the label under which the pesticide is offered for sale.]
[(3)] (2) "Animal" means [all] a vertebrate or invertebrate species.
[(4)] (3) "Beneficial insect" means an insect that is: (a) an effective pollinator of plants;
(b) a parasite or predator of pests; or
(c) otherwise beneficial.

[(5)] (4) "Certified applicator" means an individual who is licensed by the department to apply: (a) a restricted use pesticide; or
(b) a general use pesticide for hire or in exchange for compensation.

[(6) "Certified qualified applicator" means a certified applicator who is eligible to act as a qualifying party.]
[(7)] (5) "Defoliant" means a substance or mixture intended to cause leaves or foliage to drop from a plant, with or without causing abscission.
[(8)] (6) "Desiccant" means a substance or mixture intended to artificially accelerate the drying of plant or animal tissue.
[(9)] (7) "Distribute" means to offer for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state.
[(10)] (8) "Environment" means all living plants and animals, water, air, land, and the interrelationships that exist between them.
[(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.
(b) "Equipment" does not mean any pressurized hand-sized household apparatus used to apply a pesticide or any equipment or contrivance used to apply a pesticide that is dependent solely upon energy expelled by the person making the pesticide application.

[(12)] (10) "EPA" means the United States Environmental Protection Agency.
[(13)] (11) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act.
[(14)] (12) (a) "Fungus" means a nonchlorophyll-bearing thallophyte or a nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust, smut, mildew, mold, yeast, and bacteria.
(b) "Fungus" does not include fungus existing on or in: (i) a living person or other animal; or
(ii) processed food, beverages, or pharmaceuticals.

[(15)] (13) "Herbicide" means a substance that is toxic to plants and is used to control or eliminate unwanted vegetation.
[(16)] (14) "Insect" means an invertebrate animal generally having a more or less obviously segmented body: (a) usually belonging to the Class Insecta, comprising six-legged, usually winged forms, including beetles, bugs, bees, and flies; and
(b) allied classes of arthropods that are wingless usually having more than six legs, including spiders, mites, ticks, centipedes, and wood lice.

[(17)] (15) "Label" means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide.
[(18)] (16) (a) "Labeling" means [all labels and all] a label or other written, printed, or graphic matter: (i) accompanying a pesticide or equipment; or
(ii) to which reference is made on the label or in literature accompanying a pesticide or equipment.

(b) "Labeling" does not include [any] a written, printed, or graphic matter created by the EPA, the United States Departments of Agriculture or Interior, the United States Department of Health, Education, and Welfare, state experimental stations, state agricultural colleges, and other federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

[(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.
[(20)] (18) "Misbranded" means any label or labeling that is false or misleading or that does not strictly comport with the label and labeling requirements set forth in Section 4-14-104.
[(21)] (19) "Misuse" means use of any pesticide in a manner inconsistent with the pesticide's label or labeling.
[(22)] (20) "Nematode" means invertebrate animals of the Phylum Nemathelminthes and Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, also known as nemas or eelworms.
(21) "Ornamental and turf technician" means an individual who holds a permit under Subsection 4-14-112(1).
[(23)] (22) "Ornamental and turf weed pest control" means the use of a [pesticide] herbicide to control ornamental and turf pests in the maintenance and protection of an ornamental [trees, shrubs, flowers] tree, shrub, flower, or turf.
[(24)] (23) (a) "Pest" means: (i) any insect, rodent, nematode, fungus, weed; or
(ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest.

(b) "Pest" does not include: (i) viruses, bacteria, or other microorganisms on or in a living person or other living animal; or
(ii) protected wildlife species identified in Section 23A-1-101 that are regulated by the Division of Wildlife Resources in accordance with Sections 23A-2-102, 23A-2-201, 23A-2-301, 23A-2-302, and 23A-2-303.

[(25)] (24) "Pesticide" means any: (a) substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest;
(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;
(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; and
(d) any other substance designated by the department by rule.

[(26) "Pesticide applicator" is a person who:] [(a) applies or supervises the application of a pesticide; and]
[(b) is required by this chapter to have a license.]

[(27)] (25) (a) "Pesticide applicator business" means an entity that: (i) is authorized to do business in this state; and
(ii) offers pesticide application services.

(b) "Pesticide applicator business" does not include an individual licensed agricultural applicator who may work for hire.

[(28)] (26) "Pesticide dealer" means any person who distributes restricted use pesticides.
[(29)] (27) (a) "Plant regulator" means any substance or mixture intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or otherwise alter the behavior of ornamental or crop plants.
(b) "Plant regulator" does not include plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

[(30) "Qualifying party" means a certified qualified applicator who is the owner or employee of a pesticide applicator business and who is registered with the department as the individual responsible for ensuring the training, equipping, and supervision of all pesticide applicators who work for the pesticide applicator business.]
[(31)] (28) "Restricted use pesticide" means: (a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial insects, animals, or land; or
(b) any pesticide or pesticide use restricted by the administrator of EPA or by the commissioner.

(29) "Salesperson" means an individual who holds a permit under Subsection 4-14-112(2).
(30) "Signal word" means a word required on the label of a pesticide under 40 C.F.R. Sec. 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 Act.
[(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.
[(34)] (33) "Wildlife" means [all] living things that are neither human, domesticated, nor pests.

Section 2. Section 4-14-106 is amended to read:
4-14-106. Department authorized to make and enforce rules.
(1) The department may, [by following the procedures and requirements of] in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, [adopt] make rules to: [(1)] (a) declare as a pest any form of plant or animal life that is injurious to health or the environment, except: [(a)] (i) a human being; or
[(b)] (ii) a bacteria, virus, or other microorganism on or in a living person or animal;

[(2)] (b) establish, in accordance with the regulations issued by the EPA under 7 U.S.C. Sec. 136w(c)(2), whether pesticides registered for special local needs under the authority of 7 U.S.C. Sec. 136v(c) are highly toxic to man;
[(3)] (c) establish, consistent with EPA regulations, that certain pesticides or quantities of substances contained in these pesticides are injurious to the environment;
[(4)] (d) adopt a list of "restricted use pesticides" for the state or designated areas within the state if the department determines upon substantial evidence presented at a public hearing that restricted use is necessary to prevent damage to property or to the environment;
[(5)] (e) establish qualifications for a pesticide applicator business; [and]
(f) establish the training and supervision requirements described in Subsection 4-14-112(1) for an ornamental and turf technician;
(g) establish what constitutes soliciting the application of a pesticide by, and the training requirements described in Subsection 4-14-112(2) for a salesperson; 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 damage and to protect the public health.

(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.

Section 3. Section 4-14-108 is amended to read:
4-14-108. Suspension or revocation -- Stop sale, use, or removal order authorized -- Court action -- Award of costs authorized -- Fines.
(1) The department may revoke or suspend the registration of [any] a pesticide upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the registration of the pesticide or in the pesticide's distribution in this state.
(2) (a) The department may issue a "stop sale, use, or removal order" to the owner or distributor of [any] a designated pesticide or lot of pesticide that the department finds or has reason to believe is being offered or exposed for sale in violation of this chapter.
(b) The order described in Subsection (2)(a) shall be in writing and no pesticide subject to the order shall be moved, offered, or exposed for sale, except upon the subsequent written release by the department.
(c) Before a release is issued, the department may require the owner or distributor of the "stopped" pesticide or lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market.

(3) (a) The department [is authorized] may seek in a court [of competent] with jurisdiction [to seek]an order of seizure or condemnation of a pesticide that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent the violation of this chapter.
(b) [No bond shall be required of] A court may not require the department to post a bond in an injunctive proceeding brought under this section.

(4) (a) Subject to Subsection (4)(b), if condemnation is ordered, the registrant or other person shall dispose of []pesticide or equipment [shall be disposed of]as the court directs.
(b) The department may not order condemnation without giving the registrant or other person an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the pesticide into conformance, or for permission to remove the pesticide from the state.

(5) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the pesticide or equipment.
(6) The department may: (a) deny an application for a [pesticide] certified applicator license;
(b) revoke a [pesticide] certified applicator license for cause; or
(c) suspend a [pesticide] certified applicator license for cause.

(7) (a) If a [pesticide] certified applicator license is revoked or suspended under Subsection (6), the license shall be returned to the department within 14 days of the day on which the [licensee] certified applicator received notice of the revocation or suspension.
(b) A [licensee] certified applicator who fails to return a license, as described in Subsection (7)(a), [may be subjected] is subject to an administrative fine of up to $100 for each 14 days the license is not returned.

(8) Notwithstanding the other provisions of this title except Subsection 4-14-112(6), an individual who violates a provision related to an ornamental and turf technician under this chapter is subject to an administrative fine of up to $1,000 per each violation.

Section 4. Section 4-14-109 is amended to read:
4-14-109. Examination requirements for license to act as applicator may be waived through reciprocal agreement.
The department may waive [any or all examination requirements] an examination requirement specified in rule for a noncommercial, commercial, or private [pesticide] certified applicator through a reciprocal agreement with another state whose examination requirements and standards for licensure are substantially similar to those of Utah.

Section 5. Section 4-14-110 is amended to read:
4-14-110. Defenses.
[(1)] As an affirmative defense to any action brought as a result of the alleged misuse or misapplication of a pesticide, a person may present evidence that as of the time of the alleged violation, the person was in compliance with label directions, this chapter, and any rules issued in accordance with this chapter.
[(2) A person is not liable for injuries resulting from the misuse or misapplication of a pesticide unless the person was negligent.]

Section 6. Section 4-14-111 is amended to read:
4-14-111. Registration required for a pesticide applicator business.
(1) A pesticide applicator business shall register with the department by: (a) submitting an application on a form provided by the department;
(b) paying the registration fee; and
(c) certifying that the business is in compliance with this chapter and departmental rules authorized by this chapter.

(2) (a) By following the procedures and requirements of Section 63J-1-504, the department shall establish a registration fee[based on the number of pesticide applicators employed by the pesticide applicator business].
(b) (i) Notwithstanding Section 63J-1-504, the department shall deposit the fees as dedicated credits and may only use the fees to administer and enforce this chapter.
(ii) The Legislature may annually designate the revenue generated from the fee as nonlapsing in an appropriations act.

(3) The department shall issue a business registration certificate to a pesticide applicator business if the [individual or entity] person: (a) has complied with the requirements of this section;
(b) has shown evidence of competence in the pesticide profession and meets the certification requirements established by rule;
[(c) provides evidence that the owner or qualifying party is a certified applicator;]
[(d) provides evidence that the owner or qualifying party:] [(i) has been a certified applicator for at least two years out of the 10 years immediately before the date of the application for a business registration certificate is received by the department;]
[(ii) holds an associate degree or higher in horticulture, agricultural sciences, biological sciences, pest management, or a related field; or]
[(iii) has held a comparable license issued in another state, district, territory, or jurisdiction and meets the requirements described in Subsection 4-1-112(2);]

[(e)] (c) demonstrates good character;
[(f)] (d) has no outstanding infractions and owes no money to the department; and
[(g)] (e) pays the [licensing] registration fee established by the department.

(4) A registration certificate expires on December 31 of the second calendar year after the calendar year in which the registration certificate is issued.
(5) (a) The department may suspend a registration certificate if the pesticide applicator business violates this chapter or any rules authorized by [it] this chapter.
(b) A pesticide applicator business whose registration certificate has been suspended may apply to the department for reinstatement of the registration certificate by demonstrating compliance with this chapter and rules authorized by this chapter.

(6) A pesticide applicator business shall: (a) only employ: (i) a [pesticide] certified applicator [who has received a license from the department, as required by] licensed under Section 4-14-103; [and]
(ii) an ornamental and turf technician who holds a permit under Subsection 4-14-112(1); or
(iii) a salesperson who holds a permit under Subsection 4-14-112(2);

(b) employ at least one certified applicator licensed under Section 4-14-103;
[(b)] (c) ensure that [all employees comply] an employee of the pesticide applicator business complies with this chapter and the rules authorized by this chapter[.]; 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.

(7) Notwithstanding the other provisions of this section, the department may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt a pesticide applicator business registration for a person: (a) engaged in the marketing of the application of a pesticide but not the application of the pesticide; and
(b) who employs only one or more salespersons.

[(7) An individual or entity applying for a business registration certificate does not have to meet the requirements of Subsection (3)(d) if the individual's or entity's sole use of pesticides is limited to:] [(a) providing ornamental and turf pest control spot treatment services; and]
[(b) herbicides with labels that contain the signal word "caution" or "warning."]

Section 7. Section 4-14-112 is enacted to read:
4-14-112. Ornamental and turf technician -- Salesperson.
(1) (a) An individual shall obtain a permit as an ornamental and turf technician before commercially applying a herbicide that is: (i) classified as a general use pesticide with a "caution" or "warning" signal word on the product label; and
(ii) being applied for ornamental and turf weed pest control.

(b) An individual may obtain a permit under this Subsection (1) by: (i) submitting an application on a form provided by the department;
(ii) showing evidence of completing the training required under Subsection (1)(c);
(iii) having no outstanding infractions and owing no money to the department; and
(iv) paying the permit fee determined by the department according to Subsection 4-2-103(2).

(c) A ornamental and turf technician may apply a herbicide described in Subsection (1)(a) if the ornamental and turf technician: (i) completes in each calendar year that the ornamental and turf technician applies a herbicide described in Subsection (1)(a) a video training approved by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(ii) works under the indirect supervision of a certified applicator licensed under Section 4-14-103 who is employed by the same pesticide applicator business that employs the ornamental and turf technician; and
(iii) understands and complies with the label on a herbicide described in Subsection (1)(a).

(d) An ornamental and turf technician may not apply a pesticide that is not described in Subsection (1)(a).
(e) A pesticide applicator business violates Subsection 4-14-111(6), if an ornamental and turf technician employed by the pesticide applicator business: (i) does not hold a permit under this section;
(ii) fails to complete the training required by Subsection (1)(c);
(iii) works without the indirect supervision of a certified applicator licensed under Section 4-14-103;
(iv) fails to apply a pesticide described in Subsection (1)(a) in accordance with the pesticide's label; or
(v) applies a pesticide not described in Subsection (1)(a), including applying: (A) a herbicide with a "danger" signal word;
(B) a pesticide for any other purpose than ornamental and turf weed pest control; or
(C) a restricted use pesticide.

(2) (a) An individual shall obtain a permit as a salesperson before soliciting a person to agree to the application of a pesticide.
(b) An individual may obtain a permit under this Subsection (2) by: (i) submitting an application on a form provided by the department;
(ii) showing evidence of completing the training required under Subsection (1)(c);
(iii) having no outstanding infractions and owing no money to the department; and
(iv) paying the permit fee determined by the department according to Subsection 4-2-103(2).

(c) A salesperson may solicit the application of a pesticide as provided in Subsection (2)(a) if the salesperson: (i) completes in each calendar year a video training approved by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(ii) is employed by a pesticide applicator business registered under Section 4-14-111, including a pesticide applicator business registered under Subsection 4-14-111(7).

(d) When soliciting a salesperson may not make a misrepresentation regarding the application of a pesticide.
(e) A pesticide applicator business violates Subsection 4-14-111(6), if a salesperson employed by the pesticide applicator business: (i) does not hold a permit under this section; or
(ii) fails to complete the training required by Subsection (2)(c).

(3) An individual may apply for an annual permit under this section that expires on December 31 and may renew the permit by complying with the same process as used to obtain the permit.
(4) Notwithstanding Section 63J-1-504, the department shall retain the permit fees collected under this section as dedicated credits and may only use the fees to administer and enforce this chapter.
(5) The department may: (a) deny an application for a permit under this section;
(b) revoke a permit under this section for cause; or
(c) suspend a permit under this section for cause.

(6) (a) If a permit is revoked or suspended under Subsection (5), the individual holding the permit shall return the permit to the department within 14 days after the day on which the individual receives notice of the revocation or suspension.
(b) An individual who fails to return a permit, as described in Subsection (6)(a), is subject to an administrative fine of up to $100 for each 14 days the individual does not return the permit.

Section 8. Effective Date.
This bill takes effect on May 6, 2026.

3-2-26 12:26 PM