Utah § 4-14-106 Department authorized to make and enforce rules.

Utah Statutes

§ 4-14-106 — Department authorized to make and enforce rules.

Utah § 4-14-106

Title 4Utah Agricultural Code

Ch. 4-14Utah Pesticide Control Act

This text of Utah § 4-14-106 (Department authorized to make and enforce rules.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 4-14-106 (2026).

Text

The department may, by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules to:

(1)declare as a pest any form of plant or animal life that is injurious to health or the environment, except:

(1)(a) a human being; or

(1)(b) a bacteria, virus, or other microorganism on or in a living person or animal;

(2)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)establish, consistent with EPA regulations, that certain pesticides or quantities of substances contained in these pesticides are injurious to the environment;

(4)adopt a list of "restricted use pesticides"

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The department may, by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules to:
(1) declare as a pest any form of plant or animal life that is injurious to health or the environment, except:

(1)(a) a human being; or
(1)(b) a bacteria, virus, or other microorganism on or in a living person or animal;
(2) 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) establish, consistent with EPA regulations, that certain pesticides or quantities of substances contained in these pesticides are injurious to the environment;
(4) 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) establish qualifications for a pesticide applicator business; and
(6) 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.