Utah Code 4-14-110. Defenses
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(1) As an affirmative defense to any action brought as a result of the alleged misuse or misapplication of a pesticide, a person may present evidence that as of the time of the alleged violation, the person was in compliance with label directions, this chapter, and any rules issued in accordance with this chapter.
Terms Used In Utah Code 4-14-110
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Label: means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. See Utah Code 4-14-102
- Misuse: means use of any pesticide in a manner inconsistent with the pesticide's label or labeling. See Utah Code 4-14-102
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- Pesticide: means any:(25)(a) substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest;(25)(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;(25)(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and(25)(d) any other substance designated by the department by rule. See Utah Code 4-14-102(2) A person is not liable for injuries resulting from the misuse or misapplication of a pesticide unless the person was negligent.