Utah Pesticide Control Enformcement
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Utah Pesticide Control Enformcement

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For more information, please visit http://ag.utah.gov

For more information, please visit http://ag.utah.gov

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Utah Pesticide Control Enformcement Utah Pesticide Control Enformcement Presentation Transcript

  • Utah Department ofAgriculture & Food Plant Industries Pesticide Enforcement Program Utah Pesticide Control Act FIFRA
  • 605040 Notice of Violation Warning Letters30 Citations20 Hearings10 0 1998 1999 2000 2001 2002 2003 2004 2005 2006
  • FY2005Enforcement ActionNotice of Violation 17Warning Letters 9Citations 12 $50-$500Hearing 1 $3000Total violations 39Fines collected $2,700
  • FY2006Enforcement ActionNotice of Violation 51Warning Letters 14Citations 49 $50-$500Hearing 3 $10,150Total violations 117Fines collected $17000
  • So Far in FY2007Cases with violations 19Warning Letters 1Citations 20 Total violations 38 Fines assessed $2700
  • Utah PesticideControl ActUnlawful ActsExamples
  • R68-7-10 Transportation, Storage, &Disposal of Pesticides & PesticideContainers No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife or beneficial insects, or to pollute any waterway in a manner harmful to any wildlife therein.
  • Bad Storage = Dead Horse
  • R68-7-11 Unlawful Acts Any person who has committed any of the following acts is in violation of the Utah Pesticide Control Act or rules promulgated there under and is subject to penalties
  • 1) Made false or fraudulentclaims through any mediamisrepresenting the effect ofpesticides or methods to beutilized
  • Example #1
  • 2) Applied known ineffectiveor improper pesticidesLawn servicecompany applied aherbicide to treesand shrubs, insteadof an insecticideAt least 27 propertiesdamaged
  • 3) Operated in a faulty,careless or negligent manner
  • 4) Neglected or, after notice,refused to comply with theprovisions of the Act, theserules or of any lawful orderof the department EPA now calls for a re-inspection of applicators who were found in violation with in 12 months of the original inspection
  • 5) Refused or neglected tokeep & maintain recordsrequired by these rules or tomake reports when and asrequired Commercial applicators must record all applications Non-commercial & Private applicators must record RUP applications
  • Records required to bekept: Name & address of property owner Location of treatment (if different) Month, day, & year of treatment Brand name of pesticide EPA registration number Rate applied per unit area Total amount of pesticide used
  • Records continued…. Purpose of application Name, address, & license number of applicator Records must be recorded within 24 hours of the application Records shall be kept for a period of two years and shall be available for inspection
  • 6) Made false or fraudulentrecords, invoices, or reports Termite applicator records states that 95 gallons of Termidor was applied at a house that measures 132 linear feet (132/10)4=52.8 gal Supervisor applied and then wrote another applicators name down
  • 7) Engaged in thebusiness of applying apesticide for hire orcompensation on thelands of anotherwithout having a validcommercialapplicators license
  • Licenses
  • 8)Used, or supervised theuse of, a pesticide which isrestricted to use by“certified applicators”without having qualified as acertified applicator
  • Company fumigating forweevils used an RUP w/ohaving a licensed applicator
  • 9) Used fraud ormisrepresentation in makingapplication for, or renewalof, a registration, license,permit or certification
  • 2005 workshop Person caught writing other peoples names down on the role and collecting CEU’s for people not in attendance Fraud in the renewal of certification
  • 10) Refused or neglected tocomply with any limitationsor restrictions on or in a dulyissued license or permit Most cases consist of the applicator not having the correct category for a certain pesticide use.
  • 11)Used or caused to beused any pesticide in amanner inconsistent withits labeling or rules of thedepartment if those rulesfurther restrict the usesprovided on the labeling
  • Label violations: Personal Protective Equipment Storage Mixing Procedures Application Procedures Worker Protection Standards Weather Specifications Target Pest and Site Specifications Environmental Hazards
  • Personal ProtectiveEquipment
  • Storage
  • Target pest & sitespecifications
  • Worker ProtectionStandards
  • 12) Aided or abetted alicensed or an unlicensedperson to evade theprovisions of the Act;conspired with such alicensed or an unlicensedperson to evade theprovisions of the Act; orallowed one’s license orpermit to be used by another
  • Example: Non-commercial applicator allowed an unlicensed person to use his license to buy restricted use pesticides This lead to the death of 2 horses Our investigation turned up 6 unlawful acts for 3 separate individuals
  • 13) Impersonated anyfederal, state, county, orother government official
  • 14) Distributed anypesticide labeled forrestricted use to any personunless such a person or hisagent has a valid license, orpermit to use, supervise theuse, or distribute restricteduse pesticides
  • RUP Dealers are requiredto record the following Name & address of the purchaser Brand name of the RUP purchased EPA Registration # Month, day, and year of purchase Quantity purchased Signature, license #, and category of purchaser
  • 15)Applied pesticides ontoany land without the consentof the owner or person inpossession thereof; except,for governmental agencieswhich must abate a publichealth problem
  • Neighbor Disputes
  • 16) For a commercial or non-commercial applicator toapply a termiticide at lessthan label rate
  • 17)For an employer of acommercial or non-commercial applicator toallow an employee to applypesticide before thatindividual has successfullycompleted the prescribedpesticide certificationprocedures
  • 18)For a pesticide applicatornot to have his/her currentlicense in his/her immediatepossession at all times whenmaking a pesticideapplication
  • 19)To allow, throughnegligence, an application ofpesticide to run off, or driftfrom the target area tocause plant, animal, humanor property damage
  • Questions?
  • Contact Information – (801) 538 @utah.g Clark Bur cburgess@utah.gov Local Compliance Specialist