PESTICIDES
Understanding the Investigation and Enforcement Process
The
Utah Department of Agriculture and Food (UDAF), Division of Plant Industry,
is responsible for the investigation of the misuse of pesticides and
the enforcement of state laws regarding pesticide use. Pesticides include
but are not limited to chemicals used to safeguard crops as well as
those used in and around homes and businesses to kill insects, plant
and animal diseases, weeds and other pests.
Who
regulates the use of Pesticides in Utah?
UDAF, Division of Plant Industry, regulates the registration, sale,
distribution, use, storage and disposal of pesticides under the authority
of state laws and rules governing pesticides. The Environmental Protection
Agency (EPA) has also delegated to UDAF primacy in areas relating to
pesticide use and distribution.
What is the role of the UDAF Division of Plant Industry?
The role of the UDAF is to ensure the safe and proper use of pesticides
through education and regulation for protection of the people, animals,
wildlife, and environment of the State of Utah. Enforcement is one of
several tools used to promote compliance with laws designed to fulfill
this role.
What
is the role of the UDAF investigator?
The investigator's job is to maintain an unbiased approach in collecting
the facts regarding possible misuse of a pesticide. The investigator
will document what happened by conducting interviews, taking photographs,
and making onsite assessments. In addition, the investigator will collect
statements, application records, and pesticide labels. The investigator
may also collect physical evidence such as soil, vegetation, clothing,
swabs, water and other samples. In fairness to everyone involved, it
is important for individuals to give the investigator complete and accurate
accounts of the events that occurred. UDAF personnel will collect all
samples and evidence for use in an investigation to maintain a proper
chain of custody and ensure that the information obtained can be used,
if needed, in a formal hearing.
What
gives a UDAF investigator the authority to inspect my property and equipment?
The Utah Pesticide Control Act, contained in Section 4-14 of the UTAH
CODE, provides that the Commissioner's designated agent (UDAF investigator)
may enter any public or private premise at reasonable times for the
purpose of:
- Observing the
use and application of pesticides;
- Inspecting records
that are required to be maintained by the law;
- Inspecting equipment,
storage facilities, and disposal areas;
- Investigating
complaints of injury regarding human health, plant injury or environmental
damage;
- Collecting samples
of land or pesticides.
The Utah Pesticide
Control Act also allows UDAF to obtain a search warrant in situations
where access is denied. Denial of access includes any action that interferes
with the normal procedures of a UDAF inspector conducting a routine inspection
or investigation.
Will I be kept informed of the progress of the investigation?
As the lead person for the investigation, the UDAF investigator can
keep you informed of the progress of the investigation. Certain information
may not be released if it is determined that it could interfere with
the progress of the investigation or potential enforcement action. Results
of the laboratory analysis performed on samples from your property can
be shared with you while the investigation is underway. When a decision
is made you will be notified whether or not a regulatory action will
be taken. You can also contact the nearest field office or the Salt
Lake City office using the numbers listed in this brochure if you want
to be kept informed of the progress of the investigation. You may also
request a copy of the report, once the investigation has been completed,
by sending a written request for the investigation report to the Salt
Lake City office.
What
happens when the investigator completes the investigation?
After the investigation is completed, the investigator will submit a
report to the Salt Lake City office. The report will be reviewed to
determine if there were any violations of the Utah Pesticides Control
Act or associated rules and if there is sufficient evidence to support
the alleged violation(s). Once it has been determined that a violation
has occurred, a decision will be made as to what regulatory action will
be taken. The UDAF may take any one of the following actions depending
on the severity of the violation and whether the violator has a history
of previous violations:
- Issue a written
notice of violation; Issue a written letter of warning;
- Issue a citation
penalty of up to $500;
- Conduct a formal
hearing with fines up to $5,000 per count, probation, and corrective
action taken;
- Suspend, deny,
revoke, or modify the certified applicators license.
What
should I do if I think there is a problem with the investigation or
I forgot to tell the investigator something?
Call the investigator at his/her UDAF office using the number listed
in this brochure. You may also contact the Pesticide Program Manager
at the Salt Lake City office. Please call the investigator first. The
investigator needs to know all the facts in order to do a thorough and
professional job.
Who has access to information gathered in an investigation?
Under Government Records Access and Management Act (GRAMA), contained
in Section 63-2 of the UTAH CODE, the public has the right to view and
obtain case files after a pesticide investigation is completed. UDAF
policy requires that all requests for case files be in writing. GRAMA
allows the department to charge a fee for the costs involved in responding
to a public information request. These costs may include document duplication,
labor, and mailing costs. UDAF will either approve, partially approve,
or deny the request within three business days or notify the applicant
that an extension (up to 10 business days) is necessary to process the
request.
Will
I be compensated for damages?
The Utah Pesticide Control Act contains no provisions for compensation
to be made to individuals. Private civil action may be required in some
instances to recover damages that have been incurred. If a misapplication
or a spill occurs, what should I do? UDAF highly recommends that individuals
who believe they have been exposed to pesticides remove all clothing,
take a shower and seek medical attention immediately to treat any symptoms
of pesticide poisoning. Separately launder contaminated clothes before
wearing them. Animals should be removed from a contaminated site or
contaminated feed, and given veterinary care immediately
What
are UDAF's goals for responding to complaints and the completion of
a case report?
When you contact UDAF to ask for assistance, an investigator will respond
promptly. You will be asked to complete a formal complaint, this may
be required in order to initiate an investigation. Each case may vary
in the length of time it takes to complete. Variables that affect the
duration of an investigation include complicated laboratory analysis,
the need for follow-up visits and interviews, and overall investigative
caseload. UDAF's goal is to complete the information gathering, written
report, and review in a timely manner. The department remains committed
to providing a professional, unbiased, complete, and thorough investigation.
If
you have additional questions or would like to know more about the investigative
process, please contact the UDAF office nearest you.
| Brigham
City |
(435)
734-3327
|
| Farmington
|
(801)
451-3406
|
| Logan
|
(435)
752-6263
|
| Ogden
|
(801)
399-8380
|
| Price
|
(435)
636-3234
|
| Provo
|
(801)
370-8492
|
| Richfield
|
(435)
893-0476
|
| Roosevelt
|
(435)
725-0202
|
| Salt
Lake City |
(801)
538-7185
|
| St.
George |
(435)
634-5708
|
UDAF
recognizes the Idaho State Department of Agriculture in the development
of this publication.
State
of Utah
Department of Agriculture & Food
350
North Redwood Rd Box 146500
Salt Lake City, Utah 84114-6500
http://ag.utah.gov
