4-14-108. Suspension or revocation -- Stop sale, use, or removal order authorized -- Court action -- Award of costs authorized -- Fines.

495 words·~2 min read·/ut/title-4/chapter-14/4-14-108

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)The department may revoke or suspend the registration of 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.

(a)The department may issue a "stop sale, use, or removal order" to the owner or distributor of 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.

(a)The department may seek in a court with jurisdiction 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)A court may not require the department to post a bond in an injunctive proceeding brought under this section.

(a)Subject to Subsection (4)(b) , if condemnation is ordered, the registrant or other person shall dispose of pesticide or equipment 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 certified applicator license;

(b)revoke a certified applicator license for cause; or

(c)suspend a certified applicator license for cause.

(a)If a 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 certified applicator received notice of the revocation or suspension.

(b)A certified applicator who fails to return a license, as described in Subsection (7)(a) , 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.

Amended by Chapter 478 , 2026 General Session