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SENATE FLOOR VERSION
February 8, 2022
AS AMENDED
SENATE BILL NO. 1261 By: Howard
An Act relating to damages; amending 2 O.S. 2 021,
Section 3-82, which relates to the C ombined Pesticide
Law; clarifying language; limiting award for damages
to growing crops or plants in civil actions for
certain violations; requirin g registration as an
environmentally sensitive crop within certain time
period prior to action alleging damages; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 3 -82, is
amended to read as follows:
Section 3-82. A. LICENSE REQUIRED - 1. It shall be unlawful
for any person to act, operate , or do business or advertise as a
commercial, noncommercial, certified applicator, temporary certified
applicator, service technician, or private applicator unless the
person has obtained a valid applicator’s license issued by the State
Board of Agriculture for the category of pesticide application in
which the person is engaged.
2. A license may be issued by the Board in any category of
pesticide application if the applicant qualif ies and the applicant
is limited to the category of pesticide application named on the
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license. The Board may establish categories of pesticide
application as necessary . Licenses shall be issued upon application
to the Board on a form prescribed by the B oard. The application
shall contain information regarding the applicant ’s qualifications,
proposed operations, and other information as specified by the
Board.
3. a. An aerial license shall not be issued or be valid
unless the applicant files with the Boa rd a copy of a
valid document issued by the Federal Aviation
Administration showing that the person is qualified to
operate or supervise the operation of an aircraft
conducting agricultural operations . Applicants for an
aerial license and pilots working u nder a license may
be subject to a complete and thorough background
examination.
b. The Board shall promulgate rules regarding aerial
applicators and applications consistent with federal
law and shall solicit the assistance of the Federal
Aviation Agency Administration in the enforcement of
this subsection.
4. Each business location shall require a separate license and
separate certified applicator except that a certified applicator for
a noncommercial business location may also serve as the certified
applicator for one commercial business location.
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5. A license shall not be is sued for the category of pesticide
application of any applicant or representative who has a temporary
certification.
B. CERTIFICATION REQUIRED - 1. A license shall be issued only
after satisfactory comple tion of the certification standards by the
person who shall be the certified applicator under the license .
Temporary certified applicators do not qualify as the certified
applicator for a license, nor may they act as a certified
applicator. The Board shall deny the application for certification,
recertification, issuance, or renewal of a certificate or license
for a failure to show proper qualification under the rules or for
violations of any provisions of this section . A certificate in any
category shall be valid for five (5) years unless suspended,
canceled, or revoked by the Board or until recertification is
required for the category, and may be renewed after successful
completion of recertification requirements . The Board may require
certified applicators to be recertified once in a five -year period.
2. A certified service technician identification shall be
issued upon application and completion of certification standards
determined by the Board . Temporary certified applicato rs may
qualify as a certified service technician. No person shall act, do
business as, or advertise as a service technician unless the person
has met all the qualifications and standards as required by the
Board. The service technicians ’ identification shall be issued in
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the name of the licensed entity. The licensee shall ens ure that the
service technician identification is returned to the Board upon
termination of the employee . A service technician identification
shall be valid for a period of five (5) years unless suspended ,
canceled, or revoked by the Board, until recertif ication is required
by the Board, or until the service technician leaves the employ of
the licensed entity. The Oklahoma Department of Agriculture, Food,
and Forestry may issue a se rvice technician identi fication upon
completion of the following:
a. a determination is made by the Department that the
applicant has successfully completed the written
examination,
b. the licensed entity provides a completed service
technician identificat ion application form at the time
of testing, and
c. all appropriate fees a re paid at the time of testing.
3. Each license, except for private applicators, shall expire
on dates established by the Department in administrative rules and
may be renewed for t he ensuing calendar year, without penalty or
reexamination, if a properly completed application is filed with the
Board on a date established by the Department . If the application
is not received by the due date, a penalty of twice the amount of
the renewal fee shall be charged for renewal of the license. If the
application is not received within thirty (30) days following the
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due date, an additional one-hundred-dollar penalty shall be paid
prior to license renewal.
All private applicator licenses are in effect for five (5) years
and may be renewed by application after completi on of a continuing
education program or written exam approved by the Board.
C. The following fees shall be paid to the Board:
1. A fee of One Hundred Dollars ($100.00) for each cat egory of
pesticide application shall be paid to the Board for the issuance or
renewal of a commercial applicator business license . Not more than
Five Hundred Dollars ($500.00) total category fees shall be charged
annually to any business location of an ap plicator;
2. A fee of Fifty Dollars ($50.00) shall be paid to the Board
for each written examination conducted by the Board;
3. A fee of Fifty Dollars ($50.00) shall be paid to the Board
for each practical examination conducted by the Board;
4. A fee of Twenty Dollars ($20.00) shall be paid to the Board
for the issuance or re newal of a private applicator’s license;
5. A fee of Fifty Dollars ($50.00) shall be paid to the Board
for the issuance or renewal of a noncommercial business license .
Not more than Two Hundred Fifty Dollars ($250.00) total category
fees shall be charged annually to any noncommercial business
location of an applicator;
6. A fee of Twenty Dollars ($20.00) shall be paid to the Board
for the issuance or renewal of service technician i dentification;
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7. A fee of Ten Dollars ($10.00) shall be paid to the Boar d for
the issuance of duplicate licenses or certificates or transfer of
service technician identification;
8. A fee of Fifty Dollars ($50.00) shall be paid to the Board
for each recertification procedure; and
9. A fee of One Hundred Dollars ($100.00) sha ll be paid to the
Board for each reciprocal certification procedure for applicator
certifications.
D. All fees shall be deposited in the State Department of
Agriculture Revolving Fu nd.
E. Fees shall be paid to the Board prior to the processing of
any application.
F. Failure to pay any fee identified with licenses, permits,
pesticide registrations, or certification shall require the Board to
deny the application.
G. INSURANCE REQUIRED - 1. The Board shall not issue a
commercial applicator’s license until the applicant has furnished
evidence of an insurance policy or certificate by an insurer or
broker authorized to do business in this state insuring the
commercial applicator and an y agents against liability res ulting
from the operations of the commercial applicator. The insurance
shall not be applied to damage or injury to agricultural crops,
plants, or land being worked upon by the commercial applicator.
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2. The amount of liabilit y shall not be less than that set by
the Board for each property damage ar ising out of actual use of any
pesticide. The liability shall be maintained at not less than that
sum at all times during the licensing period . The Board shall be
notified fifteen (15) days prior to any reducti on in liability.
3. If the furnished liabil ity becomes unsatisfactory, the
applicant shall immediately execute new liability upon notice from
the Board. If new liability is not immediately obtained, the Board
shall, upon notice, cancel the license . It shall be unlawful for
the person to engage in the business of applying pesticides until
the liability is brought into compliance and the license reinstated.
H. DAMAGES - 1. An award of damages to growing crops or plants
resulting from negligent application or unintentional drift off
target that is a violation of the Combined Pesticide Law shall be
limited to:
a. crops or plants that are insurable under the Federal
Crop Insurance Corporation program; or
b. crops or plants that are directly sold by the producer
to the consumer.
In a civil action arising from damages to growing crops or
plants pursuant to this subsection , an award of actual damages sh all
not exceed the amount of compensation a producer has received from
proven yield from the affected area. If the producer has no proven
yield from the affected area, an award of actual damages shall not
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exceed an amount equal to the county average yield for the specific
crop or plant as calculated by the Federal Crop Insurance
Corporation program.
2. Prior to filing an action against an applicator for d amages
to growing crops or plants, any pe rson alleging damages to growing
crops or plants shall:
a. within ninety (90) calendar days of the date that the
alleged damages occurred or prior to the time that
twenty-five percent (25%) of the allegedly damaged
crops or plants are harvested, whichever occurs first,
file a written complaint statement with the Department
regarding the alleged damages, and
b. if the claim is for damages to an environmentally
sensitive crop, have registered the crop as an
environmentally sensitive crop and the location of
such crop with the Oklahoma Department of Agriculture,
Food, and Forestry no fewer than fourteen (14)
calendar days prior to the date that the alleged
damages occurred, and
c. between the date of filing of the written complaint
pursuant to subparagraph a of this paragraph a nd the
date harvesting or destruction of the allege dly
damaged crops or plants occurs, allow the applicator
and the representatives of the applicator reasonable
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access to the property to inspect and take samples of
the allegedly damaged crops or plants dur ing
reasonable hours. The representatives of the
applicator may include, but not be limited to, crop
consultants, bondsmen, and insurers . Nothing in this
subparagraph shall limit in any way the har vesting or
destruction of the allegedly damaged crops or plants
in the ordinary course of business and pract ice.
2. 3. Any person failing to comply with paragraph 1 2 of this
subsection shall be barred from filing an action for damages against
the applicator.
I. PERMIT REQUIRED – 1. It shall be unlawful for any person to
sell, offer for sale, or distribute within this state any restricted
use pesticide without first obtaining a restricted use pesticide
dealer’s permit issued by the Board.
2. A permit may be issued by the Board in any category of
pesticide sales if the applicant qualifies under the provisions of
this section and the applicant is limited to the category of
pesticide sales named on the permit . The Board may establish
categories of pesticid e sales as necessary.
3. The permit shall be issued onl y upon application on a form
prescribed by the Board and the application shall contain
information regarding the applicant ’s proposed operation and other
information as specified by the Board.
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4. Each business location engaged in the sale or distribution
of restricted use pesticides shall require a separate per mit.
5. The annual permit fee for a restricted use pesticide dealer
permit shall be Fifty Dollars ($50.00) for each location.
6. The Board may require a certified applicator to be present
at any location where designated restricted use pesticide sales
occur.
J. PESTICIDE REGISTRATION REQUIRED – 1. Every pesticide or
device distributed, sold, or offered for sale within this state or
delivered for transportation or transported in intrastate or
interstate commerce shall be registered with the Board.
2. The registrant shall file with the Board a statement
including, but not limited to:
a. the name and address of the registrant and the name
and address of the person whose name shall appear on
the label, if other than the registrant,
b. the name of the pestic ide or device,
c. a complete copy of the labeling accompanying the
pesticide or device and a statement of all claims to
be made for it, and dir ections for use, and
d. if requested by the Board, a ful l description of the
tests made and the results upon whic h the claims are
based. In renewing a registration, a statement shall
be required only with respect to information which is
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different from the information furnished when the
pesticide or device was last registered.
3. Each registrant shall pay to the Boa rd an annual
registration fee of Two Hundred Ten Dollars ($210.00) for each
pesticide or device label registered . These fees shall be used by
the Oklahoma Department of Agriculture, Food, and Forest ry for
purposes of administering pesticide management pro grams. A portion
of these fees, in the amount of Three Hundred Thousand Dollars
($300,000.00) annually, shall be dedicated for conducting prog rams
for unwanted pesticide disposal. This amount shall be deposited
into the State Department of Agriculture Un wanted Pesticide Disposal
Fund and shall be dedicated for this use only.
4. The Board may require the submission of the complete formula
of any pesticide. Trade secrets and formulations submitted by the
registrant may be kept confidential . If it appears to the Board
that the composition of the pesticide is adequate to warrant the
proposed claims and if the pesticide, its labeling, and other
material required to be submitted comply with the require ments of
this section, then the pesticide shall be registe red.
5. If it does not appear to the Board that the pesticide or
device is adequate to warrant the proposed claims for it or if the
pesticide or device, its labeling, and other material required t o be
submitted do not comply with the provisions of this se ction, it
shall notify the applicant of the deficiencies in the pesticide,
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device, labeling, or other material required and afford the
applicant an opportunity to make the necessary corrections . If the
applicant claims, in writing, that the corrections ar e not necessary
and requests in writing a hearing regarding the registration of the
pesticide or device, the Board shall provide an opportunity for a
hearing before refusing to issue the registrati on. In order to
protect the public, the Board may at any t ime cancel the
registration of a product or device . In no event, shall
registration of a pesticide or device be considered as a defense or
excuse for the commission of any offense prohibited under this
section.
6. The Board may require that pesticides be distinctively
colored or discolored to protect the public health.
7. Registration shall not be required in the case of a
pesticide shipped fr om one plant or place within this state to
another plant or place within this state that is operated by the
same person.
K. CATEGORIES OF LICENSES AND PERMITS – The Board may establish
any category of license for pesticide application or any category of
permit for pesticide sales.
L. PERMIT AND PESTICIDE REGISTRATION EXPIRATION – 1. All
permits for pesticide sales shall be issued for a period of one (1)
year and the permits shall be renewed annually and shall expire on a
date determined by the Board . A permit may be renewed for the
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ensuing year, withou t penalty, if a properly completed application
is filed with the Board not later than the fifteenth day of the
month first following the date of expiration . If the application is
not received by that date, a penalty of twice the amount of the
renewal fee shall be charged for renewal of the permit.
2. All pesticide registrations shall be issued for a period of
one (1) year. The registration shall be renewed annually and shall
expire on a date to be determi ned by the Board. Pesticide
registrations may be renewed for the ensuing year, without penalty,
if a properly completed application is filed with the Board not
later than the fifteenth day of the month first following the date
of expiration. If the application is not received by that date, a
penalty of twice the amount of the renewal fee shall be charged for
renewal of the pesticide registration.
M. PESTICIDE PRODUCING ESTABLISHMENTS – 1. Definitions as used
in this subsection:
a. “establishment” means any site where a pesticide
product, active ingr edient or device is produced
within the state,
b. “produce” means to manufacture, prepare, propagate,
compound or process any pesticide or to package,
repackage, label, relabel or otherwise change the
container of any pesticide or device, and
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c. “producer” means any person who produces,
manufactures, prepares, compounds, propagates or
processes any active ingredient, pesticide, or device
as used in producing a pesticide.
2. It shall be unlawful for any person to produce within this
state any pesticide, active ingredient or device without first
obtaining a pesticide produ cer establishment permit issued by the
Board.
3. The permit shall be issued only upon application on a form
prescribed by the Board . The application shall contain information
regarding the proposed operation of the applicant and other
information as specified by the Board. If at any time there is a
change of the information provided in or on the application for a
pesticide producer establishme nt permit, the producer must notify
the Board in writing within thirty (30) calendar days of the change.
4. The producer shall file a statement with the Board including
but not limited to:
a. the name and address of the company,
b. the name and address of the establishment as well as
the physical location, if different than the mailing
address,
c. the name of any pesticide, active ingredient, or
device, and
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d. the name and address and other pertinent contact
information for the responsible party.
5. All permits for pesticide producer establishments shall be
issued for a period of one (1) year and shall be renewed an nually.
All permits shall expire on June 30 each year and may be renewed
without penalty if a properly completed application is filed with
the Board not later than the fifteenth day of the month first
following the date of expiration . If the application is not
received by that date, a penalty of twice the amount of the renewal
fee shall be charged for renewal of the permit.
6. Each pesticide producer establishment location engaged in
the production of pesticides, active ingredients or devices shall
require a separate permit.
7. The annual permit fee for a pesticide producer establishment
shall be One Hundred Dollars ($100.00) for each location .
8. If requested by the Board, a complete copy of all labeling,
Material Safety Data Sheets, technical informat ion associated with
the pesticide, active ingredient, or device and a statement of all
claims to be made as well as directions and use must be submitted to
the Board.
9. In order to determine compli ance with state and federal
laws, the Board may request a full disclosure of inventory records,
sales and distribution records, and any other information deemed
necessary by the Board.
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10. Every producer shall keep accurate records pertaining to
pesticide, active ingredient, or device production and distributio n
as required by the Board . The records of the producer shall be kept
intact at the principal producing location in this state for at
least two (2) years after the date of production and distributio n
and copies shall be furnished to any authorized agent o f the Board,
immediately upon request in person, at any time during the regular
business hours of the producer . Copies of records shall be
furnished to any authorized agent of the Board within seven (7)
working days of a written request, in summary form, by mail, fax,
email, website, or any other electronic media customarily used.
N. COMPLAINT RESOLUTION - Upon receipt of a written complaint,
the Board shall notify the person filing the complaint in writing of
its receipt and status within two (2) working days. The person whom
the complaint is filed against shall also be notified within two (2)
working days. Notification that a complaint has b een filed may also
be given to the landowner or operator when appropriate. The
resolution of a complaint is the completion of the appropriate
administrative, jurisdictional, or legal remedies to the extent
possible by the Department . The complainant shal l be notified in
writing within seven (7) working days a fter resolution of the
complaint.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 73 of Title 23, unless there is
created a duplication in numbering, reads as follows:
A. An award of damages to growing crops or plants resulting
from negligent application or unintentional drift off tar get that is
a violation of the Combined Pesticide Law shall be limited to:
1. Crops or plants that are insurable under the Federal Crop
Insurance Corporation program; or
2. Crops or plants that are directly sold by th e producer to
the consumer.
B. In a civil action arising from damages to growing crops or
plants pursuant to subsection A of this section , an award of actual
damages shall not exceed the amount of compensation a producer has
received from proven yield from the affected area. If the producer
has no proven yield from the affected area, an award of actual
damages shall not exceed an amount equa l to the county average yield
for the specific crop or plant as calculated by the Federal Crop
Insurance Corporation program.
SECTION 3. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 8, 2022 - DO PASS AS AMENDED