| 34 | 39 | | |
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| 35 | 40 | | |
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| 36 | 41 | | |
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| 37 | 42 | | |
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| 38 | 43 | | An Act relating to the Combined Pesticide Law; |
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| 39 | 44 | | amending 2 O.S. 2011, Section 3 -81, as amended by |
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| 40 | 45 | | Section 1, Chapter 280, O.S.L. 2014, (2 O.S. Supp. |
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| 41 | 46 | | 2020, Section 3-81), which relates to definitions; |
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| 42 | 47 | | modifying definition; and pro viding an effective |
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| 43 | 48 | | date. |
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| 44 | 49 | | |
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| 45 | 50 | | |
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| 46 | 51 | | |
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| 47 | 52 | | |
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| 48 | 53 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 49 | 54 | | SECTION 1. AMENDATORY 2 O.S. 2011, Section 3-81, as |
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| 50 | 55 | | amended by Section 1, Chapter 280, O.S.L. 2014 (2 O.S. Supp. 2020, |
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| 51 | 56 | | Section 3-81), is amended to read as follows: |
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| 52 | 57 | | Section 3-81. As used in the Combined Pesticide Law: |
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| 53 | 58 | | 1. “Aircraft” means any contrivance used or designed for |
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| 54 | 59 | | navigation of or flight in the air over land or water and is |
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| 55 | 60 | | designed for or adaptable for use in applying pesticides as sprays, |
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| 56 | 61 | | dusts, or other forms; |
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| 57 | 62 | | 2. “Active ingredient” means an ingredient, which defoliates |
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| 58 | 63 | | plants, prevents fruit drop, inhibits sprouting, or destroys, |
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| 87 | 93 | | 3. “Adulterated” means and includes any pesticide if the |
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| 88 | 94 | | pesticide strength or purity falls below the professed standard of |
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| 89 | 95 | | quality as expressed on labeling or under which it is sold, or if |
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| 90 | 96 | | any substance has been substituted wholly or in part for the |
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| 91 | 97 | | components of the pesticide, or if any v aluable constituent of the |
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| 92 | 98 | | components of the pesticide has been wholly or in part abstracted ; |
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| 93 | 99 | | 4. “Antidote” means the most practical immediate treatment in |
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| 94 | 100 | | case of poisoning and includes but is not limited to first aid |
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| 95 | 101 | | treatment; |
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| 96 | 102 | | 5. “Business location” means any place, site, or facility |
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| 97 | 103 | | maintained by a commercial or noncommercial applicator whe re |
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| 98 | 104 | | records, including but not limited to, financial statements, |
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| 99 | 105 | | payroll, insurance, and personnel documents are maintained, |
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| 100 | 106 | | pesticides are stored, or customers are served. A location serving |
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| 101 | 107 | | strictly as a telephone answering service shall not be considere d a |
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| 102 | 108 | | business location; |
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| 103 | 109 | | 6. “Certificate” means a written document issued to an |
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| 104 | 110 | | individual by the State Board of Agriculture which indicates that |
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| 105 | 111 | | the individual has met the certification standards established by |
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| 106 | 112 | | the Combined Pesticide Law for the category o f pesticide application |
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| 107 | 113 | | shown on the certificate. A certificate does not allow a person to |
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| 108 | 114 | | do work as a commercial, noncommercial, service technician, or |
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| 137 | 144 | | 7. “Certification standards” means the standards that a person |
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| 138 | 145 | | shall meet to become a certified applicator; |
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| 139 | 146 | | 8. “Certified applicator” means a person who has met th e |
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| 140 | 147 | | certification standards; |
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| 141 | 148 | | 9. “Commercial application ” means the advertising of services, |
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| 142 | 149 | | recommendation for use, the preparation for application, or the |
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| 143 | 150 | | physical act of applying a pesticide or employment of a device for |
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| 144 | 151 | | hire or compensation; |
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| 145 | 152 | | 10. “Commercial applicator” means any person engaging in the |
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| 146 | 153 | | commercial application of pesticides or co mmercial employment of |
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| 147 | 154 | | devices. Any farmer while working for a neighbor in agricultural |
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| 148 | 155 | | production, not advertising, and not held out to be in the business |
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| 149 | 156 | | of applying restricted-use pesticides, shall not be classified by |
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| 150 | 157 | | the Board as a commercial applica tor; |
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| 151 | 158 | | 11. “Contract” means a binding, written agreement between two |
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| 152 | 159 | | or more persons spelling out terms and conditions and includes, but |
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| 153 | 160 | | is not limited to, warrantie s or guarantees for pesticide |
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| 154 | 161 | | application. For structural pest control applications, the co ntract |
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| 155 | 162 | | shall also include a statement, plat, or diagram showing all |
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| 156 | 163 | | locations of visible termites and termite damaged materials which |
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| 157 | 164 | | are observed, and how the appl ication was performed; |
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| 187 | 195 | | 13. “Desiccant” means any pesticide intended to artificially |
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| 188 | 196 | | accelerate the drying of plant tissu es; |
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| 189 | 197 | | 14. “Device” means any instrument subject to the United States |
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| 190 | 198 | | Environmental Protection Agency regulation intended for trapping, |
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| 191 | 199 | | destroying, repelling, or mitigating insects or rodents, or |
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| 192 | 200 | | mitigating fungi, bacteria, or weeds, or other pests designate d by |
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| 193 | 201 | | the Board, but not including pheromone lures, pheromone traps and |
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| 194 | 202 | | pheromone monitoring system components and equipment used for the |
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| 195 | 203 | | application of pesticides when sold separately; |
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| 196 | 204 | | 15. “Direct supervision” means that the certified applicator is |
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| 197 | 205 | | responsible for assuring that persons working, subject to direct |
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| 198 | 206 | | supervision, are qual ified to handle pesticides and are instructed |
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| 199 | 207 | | in the application of the specific pesticides used in each |
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| 200 | 208 | | particular application conducted which is subject to their |
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| 201 | 209 | | supervision. Certified applicators shall be accessible to the |
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| 202 | 210 | | noncertified applicator at al l times during the application of the |
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| 203 | 211 | | pesticide by telephone, radio, or any device approved by the Board; |
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| 204 | 212 | | 16. “Fungi” means all nonchlorophyll-bearing thallophytes, |
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| 205 | 213 | | including, but not limited to, rusts, smuts, mildews, molds, yeasts, |
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| 206 | 214 | | and bacteria, except those on humans or animals; |
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| 237 | 246 | | land or water in applying pesticides as sprays, dusts, aerosols, |
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| 238 | 247 | | fogs, or other forms; |
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| 239 | 248 | | 19. “Herbicide” means any pesticide intended for preventing, |
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| 240 | 249 | | destroying, repelling, desiccating, or mitigating any weed, or for |
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| 241 | 250 | | defoliating plants, preventing fruitdrop, and inhibiting sprouting; |
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| 242 | 251 | | 20. “Inert ingredient” means an ingredient, which is not an |
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| 243 | 252 | | active ingredient; |
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| 244 | 253 | | 21. “Ingredient statement ” means a statement containing the |
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| 245 | 254 | | name and percentage of each active ingredient, and the total |
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| 246 | 255 | | percentage of all inert ingredients in the pesticide. If the |
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| 247 | 256 | | pesticide contains arsenic in any form, the percentages of total and |
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| 248 | 257 | | water-soluble arsenic shall each be calculated as elemental arsenic; |
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| 249 | 258 | | 22. “Insect” means any of the numerous small invertebra te six- |
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| 250 | 259 | | legged animals generally having the body more or less obviously |
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| 251 | 260 | | segmented, many belonging to the class Insecta, including, but not |
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| 252 | 261 | | limited to, beetles, bugs, and flies as well as allied classes of |
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| 253 | 262 | | arthropods including spiders, mites, ticks, centiped es, and wood |
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| 254 | 263 | | lice; |
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| 286 | 296 | | outside container or wrapper of the retail package of the pesticide |
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| 287 | 297 | | or device; |
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| 288 | 298 | | 25. “Labeling” means all labels and other written, printed, or |
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| 289 | 299 | | graphic material: |
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| 290 | 300 | | a. upon the pesticide, device, or any of its containers |
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| 291 | 301 | | or wrappers, |
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| 292 | 302 | | b. accompanying the pesticide or device at any time, or |
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| 293 | 303 | | c. to which reference is made on the label or in |
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| 294 | 304 | | literature accompanying the pesticide or device except |
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| 295 | 305 | | when accurate, nonmisleading reference is made to |
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| 296 | 306 | | current official publications of t he United States |
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| 297 | 307 | | Environmental Protection Agency, United States |
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| 298 | 308 | | Department of Agriculture, United States Department of |
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| 299 | 309 | | the Interior, the United States Public Health Service, |
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| 300 | 310 | | State Experiment Stations, State Agricultural |
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| 301 | 311 | | Colleges, or other federal instituti ons or official |
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| 302 | 312 | | agencies of this state or other states authorized by |
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| 303 | 313 | | law to conduct research in the field of pesticides; |
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| 335 | 346 | | 27. “Minimum standards” means the measures prescribed by the |
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| 336 | 347 | | Board to bring appropriate pesticide services to the public; |
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| 337 | 348 | | 28. “Misbranded” means and includes: |
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| 338 | 349 | | a. any pesticide or device if its labeling bears any |
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| 339 | 350 | | statement, design, or graphic representation relative |
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| 340 | 351 | | to its ingredients which is false or misleading, or |
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| 341 | 352 | | b. any pesticide or device: |
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| 342 | 353 | | (1) if it is an imitation of or is offered for sale |
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| 343 | 354 | | under the name of another pesticide or device, |
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| 344 | 355 | | (2) if its labeling bears any reference to |
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| 345 | 356 | | registration under the Combined Pesticide Law, |
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| 346 | 357 | | (3) if the labeling accompanying it does not cont ain |
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| 347 | 358 | | instructions for use which are necessary and, if |
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| 348 | 359 | | complied with, adequate for the protection of the |
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| 349 | 360 | | public, |
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| 350 | 361 | | (4) if the label does not contain a warning or |
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| 351 | 362 | | caution statement which may be necessary and, if |
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| 352 | 363 | | complied with, adequate to prevent injury to |
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| 353 | 364 | | humans and vertebrate animals, |
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| 385 | 397 | | of the retail package which is presented or |
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| 386 | 398 | | displayed under customary conditions of purchase, |
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| 387 | 399 | | (6) if any word, statement, or other information |
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| 388 | 400 | | required by or under the authority of the |
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| 389 | 401 | | Combined Pesticide Law to appear on the labeling |
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| 390 | 402 | | is not prominently placed with conspicuousness, |
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| 391 | 403 | | as compared with other words, statements, |
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| 392 | 404 | | designees, or graphic matter in the labeling, and |
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| 393 | 405 | | in terms likely to be read and understood by an |
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| 394 | 406 | | individual under customary conditions of purchase |
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| 395 | 407 | | and use, or |
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| 396 | 408 | | (7) if in the case of an insecticide, fungicide, or |
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| 397 | 409 | | herbicide, when used as directed or in accordance |
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| 398 | 410 | | with commonly recognized practice, it shall be |
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| 399 | 411 | | injurious to humans, vertebrate animals, or |
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| 400 | 412 | | vegetation, except weeds, to which it is applied, |
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| 401 | 413 | | or to the person applying t he pesticide; |
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| 402 | 414 | | 29. “Noncommercial applicator” means any person, other than a |
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| 403 | 415 | | commercial or private applicator, who uses or supervises the use of |
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| 435 | 448 | | includes a government employee applyi ng restricted-use pesticides in |
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| 436 | 449 | | the discharge of official duties; |
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| 437 | 450 | | 30. “Nonrestricted-use pesticide” means any pesticide, other |
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| 438 | 451 | | than a pesticide classified as restricted -use pesticide; |
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| 439 | 452 | | 31. “Nonrestricted-use pesticide dealer ” means any person |
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| 440 | 453 | | engaged in the sale, storage, or distribution of any pesticide other |
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| 441 | 454 | | than those pesticides classified by the United States Environmental |
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| 442 | 455 | | Protection Agency or the Board as restricted -use pesticides; |
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| 443 | 456 | | 32. “Permit” means a written document issued by the Board which |
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| 444 | 457 | | shows that a person has met all of the permitting requirements |
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| 445 | 458 | | established by the Combined Pesticide Law and is authorized to sell |
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| 446 | 459 | | pesticides as a restricted -use or nonrestricted -use pesticide dealer |
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| 447 | 460 | | in accordance with the type of permit issued; |
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| 448 | 461 | | 33. “Pest” means any organism harmful to man including, but not |
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| 449 | 462 | | limited to, insects, mites, nematodes, weeds, and pathogenic |
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| 450 | 463 | | organisms. Pathogenic organisms include viruses, mycoplasma, |
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| 451 | 464 | | bacteria, rickettsia, and fungi which the Board declares to be a |
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| 452 | 465 | | pest; |
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| 453 | | - | 34. “Pesticide” means a substance or mixture of substances |
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| 454 | | - | intended for defoliating or desiccating plants, preventing |
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| 455 | | - | fruitdrop, inhibiting sprouting, or for preventing, destroying, |
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| 456 | | - | repelling, or mitigating any insects, rodents, fungi, bacteria, |
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| 457 | | - | weeds, or other forms of plant or animal life or viruses, which the |
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| 493 | + | 34. “Pesticide” means a substance or mixture of substances |
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| 494 | + | intended for defoliating or desiccating plants, preventing |
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| 495 | + | fruitdrop, inhibiting sprouting, or for preventing, destroying, |
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| 496 | + | repelling, or mitigating any insects, rodents, fungi, bacteria, |
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| 497 | + | weeds, or other forms of plant or animal life or viruses, which the |
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| 484 | 498 | | Board declares to be a pest, except viruses on or in humans or |
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| 485 | 499 | | animals; |
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| 486 | 500 | | 35. “Private applicator” means any person who uses or |
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| 487 | 501 | | supervises the use of any restricted pesticide for purposes of |
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| 488 | 502 | | producing any agricultural commodity on property owned or rented by |
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| 489 | 503 | | the person, or employer, or on the property of another person if |
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| 490 | 504 | | applied without compensation other than trading of personal services |
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| 491 | 505 | | between producers of agricultural commodities; |
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| 492 | 506 | | 36. “Registrant” means the person registering any pesticide or |
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| 493 | 507 | | device pursuant to the provisions of the Combined Pesticide Law; |
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| 494 | 508 | | 37. “Restricted-use pesticide” means any pesticide classified |
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| 495 | 509 | | for restricted use by the United States Environmental Protection |
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| 496 | 510 | | Agency, either by regulat ion or through the registration process, or |
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| 497 | 511 | | by the Board pursuant to the Oklahoma Agricultural Code; |
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| 498 | 512 | | 38. “Restricted-use pesticide dealer” means any person engaged |
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| 499 | 513 | | in the sale, storage, or distribution of restricted -use pesticides; |
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| 500 | 514 | | 39. “Rodenticide” means any pesticide intended for preventing, |
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| 501 | 515 | | destroying, repelling, or mitigating rodents or any other animal |
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| 502 | 516 | | which the Board declares a pest; |
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| 534 | 549 | | 41. “Temporary certified applicator ” means a person who has |
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| 535 | 550 | | successfully completed the writte n examinations required for |
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| 536 | 551 | | certification but has not successfully completed the practical |
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| 537 | 552 | | examination; |
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| 538 | 553 | | 42. “Use” means transportation, storage, mixing, application, |
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| 539 | 554 | | safe handling, waste and container disposal, and other specific |
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| 540 | 555 | | instructions contained on the label and labeling; |
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| 541 | 556 | | 43. “Weed” means any plant or plant part which grows where not |
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| 542 | 557 | | wanted; and |
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| 543 | 558 | | 44. “Wood infestation report” means a document issued with a |
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| 544 | 559 | | property transaction which shall, at a minimum, contain statements |
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| 545 | 560 | | or certifications as to th e presence or absence of termites and any |
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| 546 | 561 | | other wood destroying insects, and the presence or absence of |
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| 547 | 562 | | damage. The wood infestation report does not include a bid or |
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| 548 | 563 | | proposal for treatment. |
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| 549 | 564 | | SECTION 2. This act shall become effective November 1, 2021. |
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| 550 | | - | |
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| 551 | | - | ENGR. S. B. NO. 358 Page 12 1 |
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| 575 | | - | |
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| 576 | | - | Passed the Senate the 9th day of March, 2021. |
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| 577 | | - | |
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| 578 | | - | |
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| 579 | | - | |
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| 580 | | - | Presiding Officer of the Senate |
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| 581 | | - | |
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| 582 | | - | |
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| 583 | | - | Passed the House of Representatives the ____ day of __________, |
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| 584 | | - | 2021. |
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| 585 | | - | |
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| 586 | | - | |
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| 587 | | - | |
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| 588 | | - | Presiding Officer of the House |
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| 589 | | - | of Representatives |
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| 590 | | - | |
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| 565 | + | COMMITTEE REPORT BY: COMMITTEE ON BUS INESS, COMMERCE AND TOURISM |
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| 566 | + | February 11, 2021 - DO PASS |
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