(1) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to: (a) declare as a pest any form of plant or animal life that is injurious to health or the environment, except: (i) a human being; or (ii) a bacteria, virus, or other microorganism on or in a living person or animal; (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; (c) establish, consistent with EPA regulations, that certain pesticides or quantities of substances contained in these pesticides are injurious to the environment; (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; (e) establish qualifications for a pesticide applicator business; (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 (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.
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