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ENGROSSED SENATE
BILL NO. 358 By: Bergstrom of the Senate
and
Cornwell of the House
An Act relating to the Combined Pesticide Law;
amending 2 O.S. 2011, Section 3 -81, as amended by
Section 1, Chapter 280, O.S.L. 2014, (2 O.S. Supp.
2020, Section 3-81), which relates to definitions;
modifying definition; and pro viding an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2011, Section 3-81, as
amended by Section 1, Chapter 280, O.S.L. 2014 (2 O.S. Supp. 2020,
Section 3-81), is amended to read as follows:
Section 3-81. As used in the Combined Pesticide Law:
1. “Aircraft” means any contrivance used or designed for
navigation of or flight in the air over land or water and is
designed for or adaptable for use in applying pesticides as sprays,
dusts, or other forms;
2. “Active ingredient” means an ingredient, which defoliates
plants, prevents fruit drop, inhibits sprouting, or destroys,
repels, or mitigates insects, fungi, bacteria, rodents, weeds, or
other pests;
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3. “Adulterated” means and includes any pesticide if the
pesticide strength or purity falls below the professed standard of
quality as expressed on labeling or under which it is sold, or if
any substance has been substituted wholly or in part for the
components of the pesticide, or if any v aluable constituent of the
components of the pesticide has been wholly or in part abstracted ;
4. “Antidote” means the most practical immediate treatment in
case of poisoning and includes but is not limited to first aid
treatment;
5. “Business location” means any place, site, or facility
maintained by a commercial or noncommercial applicator whe re
records, including but not limited to, financial statements,
payroll, insurance, and personnel documents are maintained,
pesticides are stored, or customers are served. A location serving
strictly as a telephone answering service shall not be considere d a
business location;
6. “Certificate” means a written document issued to an
individual by the State Board of Agriculture which indicates that
the individual has met the certification standards established by
the Combined Pesticide Law for the category o f pesticide application
shown on the certificate. A certificate does not allow a person to
do work as a commercial, noncommercial, service technician, or
private applicator unless employed by a licensed entity or has a
valid license issued by the Board;
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7. “Certification standards” means the standards that a person
shall meet to become a certified applicator;
8. “Certified applicator” means a person who has met th e
certification standards;
9. “Commercial application ” means the advertising of services,
recommendation for use, the preparation for application, or the
physical act of applying a pesticide or employment of a device for
hire or compensation;
10. “Commercial applicator” means any person engaging in the
commercial application of pesticides or co mmercial employment of
devices. Any farmer while working for a neighbor in agricultural
production, not advertising, and not held out to be in the business
of applying restricted-use pesticides, shall not be classified by
the Board as a commercial applica tor;
11. “Contract” means a binding, written agreement between two
or more persons spelling out terms and conditions and includes, but
is not limited to, warrantie s or guarantees for pesticide
application. For structural pest control applications, the co ntract
shall also include a statement, plat, or diagram showing all
locations of visible termites and termite damaged materials which
are observed, and how the appl ication was performed;
12. “Defoliant” means any pesticide intended to cause the
leaves or foliage to drop from a plant, with or without causing
abscission;
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13. “Desiccant” means any pesticide intended to artificially
accelerate the drying of plant tissu es;
14. “Device” means any instrument subject to the United States
Environmental Protection Agency regulation intended for trapping,
destroying, repelling, or mitigating insects or rodents, or
mitigating fungi, bacteria, or weeds, or other pests designate d by
the Board, but not including pheromone lures, pheromone traps and
pheromone monitoring system components and equipment used for the
application of pesticides when sold separately;
15. “Direct supervision” means that the certified applicator is
responsible for assuring that persons working, subject to direct
supervision, are qual ified to handle pesticides and are instructed
in the application of the specific pesticides used in each
particular application conducted which is subject to their
supervision. Certified applicators shall be accessible to the
noncertified applicator at al l times during the application of the
pesticide by telephone, radio, or any device approved by the Board;
16. “Fungi” means all nonchlorophyll-bearing thallophytes,
including, but not limited to, rusts, smuts, mildews, molds, yeasts,
and bacteria, except those on humans or animals;
17. “Fungicide” means any pesticide intended for preventing,
destroying, repelling, or mitigating any fungi or bacteria;
18. “Ground equipment” means any machine, equipment, or device
other than aircraft designed for use, adap table for use, or used on
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land or water in applying pesticides as sprays, dusts, aerosols,
fogs, or other forms;
19. “Herbicide” means any pesticide intended for preventing,
destroying, repelling, desiccating, or mitigating any weed, or for
defoliating plants, preventing fruitdrop, and inhibiting sprouting;
20. “Inert ingredient” means an ingredient, which is not an
active ingredient;
21. “Ingredient statement ” means a statement containing the
name and percentage of each active ingredient, and the total
percentage of all inert ingredients in the pesticide. If the
pesticide contains arsenic in any form, the percentages of total and
water-soluble arsenic shall each be calculated as elemental arsenic;
22. “Insect” means any of the numerous small invertebra te six-
legged animals generally having the body more or less obviously
segmented, many belonging to the class Insecta, including, but not
limited to, beetles, bugs, and flies as well as allied classes of
arthropods including spiders, mites, ticks, centiped es, and wood
lice;
23. “Insecticide” means any pesticide intended for preventing,
destroying, repelling, or mitigating any insects which may be
present in any environment;
24. “Label” means the written, printed, or graphic matter
attached to the pesticid e, device, or container including the
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outside container or wrapper of the retail package of the pesticide
or device;
25. “Labeling” means all labels and other written, printed, or
graphic material:
a. upon the pesticide, device, or any of its containers
or wrappers,
b. accompanying the pesticide or device at any time, or
c. to which reference is made on the label or in
literature accompanying the pesticide or device except
when accurate, nonmisleading reference is made to
current official publications of t he United States
Environmental Protection Agency, United States
Department of Agriculture, United States Department of
the Interior, the United States Public Health Service,
State Experiment Stations, State Agricultural
Colleges, or other federal instituti ons or official
agencies of this state or other states authorized by
law to conduct research in the field of pesticides;
26. “License” means a written document issued to a person by
the Board which shows that the person has met all established
licensing requirements established by the Combined Pesticide Law and
who is authorized to apply pesticides as a commercial,
noncommercial, or private applicator pursuant to the license issued;
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27. “Minimum standards” means the measures prescribed by the
Board to bring appropriate pesticide services to the public;
28. “Misbranded” means and includes:
a. any pesticide or device if its labeling bears any
statement, design, or graphic representation relative
to its ingredients which is false or misleading, or
b. any pesticide or device:
(1) if it is an imitation of or is offered for sale
under the name of another pesticide or device,
(2) if its labeling bears any reference to
registration under the Combined Pesticide Law,
(3) if the labeling accompanying it does not cont ain
instructions for use which are necessary and, if
complied with, adequate for the protection of the
public,
(4) if the label does not contain a warning or
caution statement which may be necessary and, if
complied with, adequate to prevent injury to
humans and vertebrate animals,
(5) if the label does not bear an ingredient
statement on that part of the immediate container
and on the outside container or wrapper, if there
is one, through which the ingredient statement on
the immediate container cannot be clearly read,
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of the retail package which is presented or
displayed under customary conditions of purchase,
(6) if any word, statement, or other information
required by or under the authority of the
Combined Pesticide Law to appear on the labeling
is not prominently placed with conspicuousness,
as compared with other words, statements,
designees, or graphic matter in the labeling, and
in terms likely to be read and understood by an
individual under customary conditions of purchase
and use, or
(7) if in the case of an insecticide, fungicide, or
herbicide, when used as directed or in accordance
with commonly recognized practice, it shall be
injurious to humans, vertebrate animals, or
vegetation, except weeds, to which it is applied,
or to the person applying t he pesticide;
29. “Noncommercial applicator” means any person, other than a
commercial or private applicator, who uses or supervises the use of
a restricted-use pesticide. The noncommercial applicator shall be
under the supervision of an owner or manager of property and who is
certified in the same manner as a commercial applicator. A
noncommercial applicator is subject to all requirements except those
pertaining to financial responsibility. Noncommercial applicator
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includes a government employee applyi ng restricted-use pesticides in
the discharge of official duties;
30. “Nonrestricted-use pesticide” means any pesticide, other
than a pesticide classified as restricted -use pesticide;
31. “Nonrestricted-use pesticide dealer ” means any person
engaged in the sale, storage, or distribution of any pesticide other
than those pesticides classified by the United States Environmental
Protection Agency or the Board as restricted -use pesticides;
32. “Permit” means a written document issued by the Board which
shows that a person has met all of the permitting requirements
established by the Combined Pesticide Law and is authorized to sell
pesticides as a restricted -use or nonrestricted -use pesticide dealer
in accordance with the type of permit issued;
33. “Pest” means any organism harmful to man including, but not
limited to, insects, mites, nematodes, weeds, and pathogenic
organisms. Pathogenic organisms include viruses, mycoplasma,
bacteria, rickettsia, and fungi which the Board declares to be a
pest;
34. “Pesticide” means a substance or mixture of substances
intended for defoliating or desiccating plants, preventing
fruitdrop, inhibiting sprouting, or for preventing, destroying,
repelling, or mitigating any insects, rodents, fungi, bacteria,
weeds, or other forms of plant or animal life or viruses, which the
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Board declares to be a pest, except viruses on or in humans or
animals;
35. “Private applicator” means any person who uses or
supervises the use of any restricted pesticide for purposes of
producing any agricultural commodity on property owned or rented by
the person, or employer, or on the property of another person if
applied without compensation other than trading of personal services
between producers of agricultural commodities;
36. “Registrant” means the person registering any pesticide or
device pursuant to the provisions of the Combined Pesticide Law;
37. “Restricted-use pesticide” means any pesticide classified
for restricted use by the United States Environmental Protection
Agency, either by regulat ion or through the registration process, or
by the Board pursuant to the Oklahoma Agricultural Code;
38. “Restricted-use pesticide dealer” means any person engaged
in the sale, storage, or distribution of restricted -use pesticides;
39. “Rodenticide” means any pesticide intended for preventing,
destroying, repelling, or mitigating rodents or any other animal
which the Board declares a pest;
40. “Service technician” means a person employed by a licensed
commercial or noncommercial applicator who applies th e pesticide or
employs a device, but is not a certified applicator. A service
technician or certified applicator shall be present at each
application performed;
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41. “Temporary certified applicator ” means a person who has
successfully completed the writte n examinations required for
certification but has not successfully completed the practical
examination;
42. “Use” means transportation, storage, mixing, application,
safe handling, waste and container disposal, and other specific
instructions contained on the label and labeling;
43. “Weed” means any plant or plant part which grows where not
wanted; and
44. “Wood infestation report” means a document issued with a
property transaction which shall, at a minimum, contain statements
or certifications as to th e presence or absence of termites and any
other wood destroying insects, and the presence or absence of
damage. The wood infestation report does not include a bid or
proposal for treatment.
SECTION 2. This act shall become effective November 1, 2021.
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Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives