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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1966 By: Newton
AS INTRODUCED
An Act relating to agriculture; providing fees;
providing for issuance of applicators license;
providing for certified service technician
identification; providing insurance requirements for
a license; providing requirements for legal actions
to be filed against an applicator for damages;
prohibiting the sale of restricted use pesticides
without the proper license; providing that the State
Board of Agriculture may issue permits for pesticide
sales; providing that applications for a pesticide
sale permit shall be created by the board; requiring
each business location selling restricted use
pesticides to have separate permits; providing
restricted use pesticide dealer permit fee; providing
that the board may require a certified applicator to
be present when restricted use pesticides are sol d;
requiring pesticide or device distributed, sold, or
offered for sale within this state or delivered for
transportation or transported in intrastat e or
interstate commerce to be registered with the Board ;
providing required information to be filed with the
Board by registrants; providing for registration fee;
providing that the Board may require the submissi on
of the complete formula of any pesticide ; requiring
the Board to provide an opportunity for a hearing
before refusing to issue registration; providing that
the Board may require that pesticides be
distinctively colored or discolored ; providing
exemptions for registration; providing that the Board
may establish any category of license for pesticide
application or any category of permit for pesticide
sales; providing that all permits for pesticide sales
and registrations 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 ;
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providing for renewal of pesticide sale permits and
registrations; providing definitions; providing that
it unlawful to produce any pesticide, active
ingredient or device without first obtaining a
pesticide producer establishment permit ; providing
requirements for a pesticide producer establishment
permit application; requiring certain information to
be filed with the board for a pesticide producer
establishment permit; providing that all permits for
pesticide producer establishments shall be issued for
a period of one (1) year and shall be r enewed
annually; providing for renewal; requiring that each
pesticide producer establishment location to have a
separate permit; providing pesticide producer
establishment permit fee; providing that the Board
may request certain information; requiring producers
to keep accurate records ; providing procedures for
complaints received by the board; amending 2 O.S.
2021, Section 3-82, which relates to pesticide
licenses; removing licenses and permits; providing
for codification; and providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 3-82A of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. The following fees shall be paid to the State Board of
Agriculture:
1. A fee of One Hundred Dollar s ($100.00) for each category 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 applicator;
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2. A fee of Fifty Dollars ($50.00 ) shall be paid to the Board
for each written examination co nducted 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 ($2 0.00) shall be paid to th e Board
for the issuance or renewal 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 busines s license.
Not more than Two Hundred Fifty Dollars ($250.00) total category
fees shall be charged annually to any noncommercial bu siness
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 identification;
7. A fee of Ten Dollars ($10 .00) shall be paid to the Board for
the issuance of duplicate lic enses or certificates or transfer of
service technician identification;
8. A fee of Fifty Dollars ($50.00) shall be paid t o the Board
for each recertification proced ure; and
9. A fee of One Hundred Dollars ($100.00) shall be paid to the
Board for each reciprocal certification procedure for applicator
certifications.
B. All fees shall be deposited in the State Department of
Agriculture Revolving Fund.
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C. Fees shall be paid to the Board prio r to the processing of
any application.
D. Failure to pay any fee ide ntified with licenses, permits,
pesticide registrations, or certification shall require the Board to
deny the application.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-82B of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. An applicator's license shall be issued only after
satisfactory completion of the certi fication standards by the person
who shall be the certified applicator under the licen se. Temporary
certified applicators shall not qualify as the certified applicator
for a license, nor may they act as a certifi ed applicator. The
State Board of Agriculture 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 req uirements. The
Board may require certified applicators to be recertified once every
five-year (5) period.
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B. A certified service technician identi fication shall be
issued upon application and completion of certification standards
determined by the Board. Temporary certified applicator may qualify
as a certified service technician. No person shall act, do business
as, or advertise as a service techni cian unless the person has met
all the qualifications and standards as required by the Board. The
service technician's identification shall be issue d in the name of
the licensed entity. The licensee shall ensure that the service
technician identification i s 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 recertification is requi red by the
Board, or until the se rvice technician leaves the employ of the
licensed entity. The Oklahoma Department of Agriculture, Foo d, and
Forestry may issue a service technic ian identification upon
completion of the following:
1. A determination is mad e by the Department that the applicant
has successfully completed the written examination;
2. The licensed entity provides a complete d service technician
identification applica tion form at the time of testing; and
3. All appropriate fees are paid at the ti me of testing.
C. Each license, except for private applicators, shall expire
on dates established by the Department in administrati ve rules and
may be renewed for the ensuing calendar year, without penalty or
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reexamination, if a properly completed applicat ion 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
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 af ter
completion of a continuing education program or written exam
approved by the Board.
SECTION 3. NEW LAW A new section of law to be co dified
in the Oklahoma Statutes as Section 3-82C of Title 2, unless there
is created a duplicati on in numbering, reads as follow s:
A. The State Board of Agriculture 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 any ag ents against liability resulting from the
operations of the commercial applicator. The insurance shall not be
applied to damage or injury to agricul tural crops, plants, or land
being worked upon by the commercial applicato r.
B. The amount of liability shal l not be less than that set by
the Board for each property damage arising out of actual use of any
pesticide. The liability shall be maintained at not less than that
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sum at all times during the licensing period. The Board shall be
notified fifteen (15) day s prior to any reduction in liability.
C. If the furnished liability becomes unsatisfactory, the
applicant shall immediately execute new liabili ty upon notice from
the Board. If new liability is not immediately obtain ed, the Board
shall, upon notice, cance l the license. It shall be unlawful for
the person to engage in the business of applying pesticides until
the liability is brought into compli ance and the license reinstated.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-82D of Title 2, unless there
is created a duplication in number ing, reads as follows:
A. Prior to filing an action against an applicator for damages
to growing crops or plants, an y person alleging damages to growing
crops or plants shall:
1. Within ninety (90) calendar da ys of the date that the
alleged damages occur red 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 complain t
statement with the State Board of Agriculture regarding the allege d
damages; and
2. Between the date of filing of the written complaint pursuant
to paragraph 1 of this subsection and the date harvesting or
destruction of the allegedly damaged crops or plants occurs, a llow
the applicator and the representatives of the applicator reasonable
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access to the property to inspect and take samples o f the allegedly
damaged crops or plants during reasonable hours. The
representatives of the applicator may include, but not be limi ted
to, crop consultants, bondsmen, and insurers. Nothing in this
paragraph shall limit in any way the harvesting or destruction of
the allegedly damaged crops or plants in the ordinary course of
business and practice.
B. Any person failing to comply wi th subsection A of this
section shall be barred from filing an action for damages against
the applicator.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s Section 3-82E of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. 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 restri cted use pesticide dealer's permit issued by
the State Board of Agriculture.
B. A permit may be issued by the Board in any cat egory of
pesticide sales if the applicant q ualifies 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 pesticide sales as necessary.
C. The permit shall be issued only upon application on a form
prescribed by the Board, and the application shall contain
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information regarding the applicant 's proposed operation and other
information as specified by the Board.
D. Each business location engaged in the sale or distribution
of restricted use pes ticides shall require a separate permit.
E. The annual permit fee for a restricted use pesticide dealer
permit shall be Fifty Dollars ($50.00) for each locatio n.
F. The Board may require a certified applicator t o be present
at any location where designat ed restricted use pesticide sales
occur.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-82F of Title 2, unless there
is created a duplication i n numbering, reads as follows:
A. Every pesticide or device distributed, sold, or offered for
sale within this state or delivered for transportation o r
transported in intrastate or interstate commerce sha ll be registered
with the State Board of Agriculture .
B. The registrant shall file with the Board a statement
including, but not limited to:
1. The name and address of t he registrant and the name and
address of the person whose name shall appear on the label, if other
than the registrant;
2. The name of the pesticide or device ;
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3. A complete copy of the labeling accompanying the pesticide
or device and a statement of all claims to be made for it, and
directions for use; and
4. If requested by the Board, a full description of th e tests
made and the results upon which the claims are based.
In renewing a registration, a statement shall be required only
with respect to informa tion which is different from the information
furnished when the pesticide or device was last registered.
C. Each registrant shall pay to the Board 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 Forestry for
purposes of administering pesticide management programs. A portion
of these fees, in the amount of Three Hundred Thousand Dollars
($300,000.00) annually, shall be dedicated for conducting programs
for unwanted pesticide disposal. This amount shall be deposited
into the State Department of Agriculture Unwanted Pesticide Disposal
Fund and shall be dedicated for this use only.
D. The Board may require the sub mission of the complete formula
of any pesticide. Trade secrets and formulations submitted by the
registrant may be ke pt confidential. If it appears to the Board
that the composition of the pesticide is adequate to warrant the
proposed claims and if the pe sticide, its labeling, and other
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material required to be submitted comply with the requirements of
this section, then the pesticide shall be registered.
E. 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 to be
submitted do not comply w ith the provisions of this section, it
shall notify the applicant of the deficiencies in the pesticide,
device, labeling, or other materia l required and afford the
applicant an opportunit y to make the necessary corrections. If the
applicant claims, in writ ing, that the corrections are not necessary
and requests in writing a hearing regarding the registration of the
pesticide or device, the B oard shall provide an opportunity for a
hearing before refusing to issue the registration. In order to
protect the public, the Board may at any time 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.
F. The Board may require that pesticides be distinctively
colored or discolored to protect the public health.
G. Registration shall not be required in the c ase of a
pesticide shipped from one plant or place within this state to
another plant or place within this state that is operated by the
same person.
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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-82G of Title 2, unless there
is created a duplication in numbering, reads as follows:
The Board may establi sh any category of license for pesticide
application or any category of permit for pesticide sales.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-82H of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. 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 State Board of Agriculture. A
permit may be renewed for the ensuing year, without penalty, i f 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 cha rged for
renewal of the permit.
B. 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 determined 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 follow ing the date
of expiration. If the application is not recei ved by that date, a
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penalty of twice the am ount of the renewal fee shall be charged for
renewal of the pesticide registration.
SECTION 9. NEW LAW A new section of law to b e codified
in the Oklahoma Statutes as Section 3-82I of Title 2, unless there
is created a duplication i n numbering, reads as follows:
A. As used in this section:
1. "Establishment" means any site where a pesticide product,
active ingredient, or device is produced within the state ;
2. "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
3. "Producer" means any person who produces, manufactures,
prepares, compounds, propagates , or processes any active ingredient,
pesticide, or device used in producing a pesticide.
B. It shall be unlawful for any person to produce within this
state any pesticide, active i ngredient, or device without first
obtaining a pesticide producer establis hment permit issued by the
Board.
C. 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
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pesticide producer establishment permit, the producer must notify
the Board in writing within thirty (30) calendar days of the change.
D. The producer shall file a statement with the Board
including, but not limited to:
1. The name and address of the company ;
2. The name and address of the establishment as well as the
physical location, if different than t he mailing address;
3. The name of any pesticide, active ingredient, or device; and
4. The name and address and other pertinent contact information
for the responsible party.
E. All permits for pesticide producer establishments sha ll be
issued for a period of one (1) year and shall be renewed annually.
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 m onth 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.
F. Each pesticide producer establishment location engaged in
the production of pesticides, acti ve ingredients, or devices shall
require a separate permit.
G. The annual permit fee for a pesticide producer establishment
shall be One Hundred Dollars ($100.00) for each location.
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H. If requested by the Board, a complete cop y of all labeling,
Material Safety Data Sheets, technical information as sociated 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.
I. In order to determine compliance 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.
J. Every producer shall keep accurate records pertaining to
pesticide, active ingr edient, or device production and distribution
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 dis tribution
and copies shall be furnished to any authorized agent of the B oard,
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 with in seven (7)
working days of a written request, in summary form, by mail , fax,
email, website, or any other electronic media customarily used.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 3-82J of Title 2, unless there
is created a duplication in numbering, reads as follows:
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Upon receipt of a written complaint, the State Board of
Agriculture shall notify the person filing the complaint in writing
of its receipt and stat us 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 been filed
may also be given to the landowner or operator when appropriate.
The resolution of a complaint is the completion of th e appropriate
administrative, jurisdictional, or le gal remedies to the extent
possible by the Department. The complainant shall be notified in
writing within seven (7) working days after resolution of the
complaint.
SECTION 11. 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 ce rtified
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. B. A license may be issued by the Board in any category of
pesticide application if the applicant quali fies and the applicant
is limited to the category of pesticide application named on the
license. The Board may establish categories of pesticide
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application as necessa ry. Licenses shall be issued upon application
to the Board on a form prescribed by the Board. The application
shall contain information regarding the applicant 's qualifications,
proposed operations, and other information as specified by the
Board.
3. a. C. 1. An aerial license shall not be issued or be
valid unless the applicant files wit h the Board 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 under a license may be subject to
a complete and thorough background examination.
b. 2. The Board shall promulgate rules regarding aerial
applicators and appli cations consistent with federal law and shall
solicit the assistance of the Federal Avia tion Agency in the
enforcement of this subsection.
4. D. Each business location shall require a separate license
and separate certified applicator except that a certif ied applicator
for a noncommercial business locatio n may also serve as the
certified applicator for one commercial business location.
5. E. A license shall not be issued for the category of
pesticide application of any applicant or representative who has a
temporary certification.
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B. CERTIFICATION REQUIR ED - 1. A license shall be issued on ly
after satisfactory completion 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 certifie d
applicator. The Board shall deny the application for certification,
recertification, issuance, or renewal of a certificate or license
for a failure to show proper qu alification 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 c ompletion of certification standards
determined by the Board. Temporary certified appli cators 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 quali fications and standards as required by the
Board. The service technicians ' identification shall be issued in
the name of the licensed entity. The licensee shall ensure that the
service technician identification is returned to the Board upon
termination of the employee. A service technician identificatio n
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shall be valid for a period of five (5) years unless suspended,
canceled, or revoked by the Board, until recertification is required
by the Board, or until the service technician leaves the employ of
the licensed entity. The Oklahoma Department of Agric ulture, Food,
and Forestry may issue a service technician identification upon
completion of the following:
a. a determination is made by the Department that the
applicant has successfully completed the wri tten
examination,
b. the licensed entity provides a completed service
technician identification application form at the time
of testing, and
c. all appropriate fees are paid at the time of testing.
3. Each license, except for private applicators, shall ex pire
on dates established by the Department in admi nistrative rules and
may be renewed for the ensuing calendar year, without penalt y 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 t he license. If the
application is not receive d within thirty (30) days following the
due date, an additional one-hundred-dollar penalty shall be paid
prior to license renewal .
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All private applicator licenses are in effect for five (5) years
and may be renewed by application after completion 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 category 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 a n applicator;
2. A fee of Fifty Dollars ($5 0.00) shall be paid to the Board
for each written examination conducted by the Board;
3. A fee of Fifty Dollars ($50.00) sh all be paid to the Board
for each practical examina tion conducted by the Board;
4. A fee of Twenty Dollars ($20.00) shall be paid t o the Board
for the issuance or renewal 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 nonc ommercial business license .
Not more than Two Hundred Fifty Dollars ($250.00) to tal 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 technici an identification;
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7. A fee of Ten Dollars ($10.00) shall be paid to the Board 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) shall be paid to the
Board for each reciprocal certification procedure for applicator
certifications.
D. All fees shall be deposited in the Sta te Department of
Agriculture Revolvin g Fund.
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 an d any agents against liability resulting
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 commerci al applicator.
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2. The amount of liability shall not be less than that set by
the Board for each property damage arising out of actual use of any
pesticide. The liability shall be maintained at not less t han that
sum at all times during the licensing peri od. The Board shall be
notified fifteen (15) days prior to any reduction in liab ility.
3. If the furnished liability becomes unsatisfactory, the
applicant shall immediately execute new liability upon not ice from
the Board. If new liability is not immedi ately 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 th e license reinstated.
H. DAMAGES - 1. Prior to filing an action against an
applicator for damages to growing crops or plants, any person
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 dam aged
crops or plants are harvested, whicheve r occurs first,
file a written complaint statement with the Department
regarding the alleged damages, and
b. between the date of filing of the written complaint
pursuant to subparagraph a of this paragraph and th e
date harvesting or destruction of the alle gedly
damaged crops or plants occurs, allow the applicator
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and the representatives of the applicator reasonable
access to the property to inspect and take samples of
the allegedly damaged crops or plants during
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 harvesting or
destruction of the allegedly damaged crops or plant s
in the ordinary course of business and pra ctice.
2. Any person failing to comply with paragraph 1 of this
subsection shall be barred from filing an action for damage s against
the applicator.
I. PERMIT REQUIRED – 1. It shall be unlawful for any person to
sell, offer for sale, or distribute withi n this state any restricted
use pesticide without first obtaining a restricted use pesticide
dealer's permit issued by the B oard.
2. A permit may be issued by the Board in an y 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 pesticide sales as necessary.
3. The permit shall be issued only upon app lication on a form
prescribed by the Board an d the application shall contain
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information regarding the applicant 's proposed operation and other
information as specified by the Board.
4. Each business location engaged in the sale or distribution
of restricted use pesticides shall require a separate p ermit.
5. The annual permit fee for a restricted use pesticide dealer
permit shall be Fifty Dollars ($50.00) for each locat ion.
6. The Board may require a certified applicat or 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 thi s state or
delivered for transportation or transpor ted 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 registran t 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 pest icide 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 directions for use, and
d. if requested by the Board, a full description of the
tests made and the results upon wh ich the claims are
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based. In renewing a registration, a statement shall
be required only with respect to information which is
different from the information furnished when th e
pesticide or device was l ast registered.
3. Each registrant shall pay to the B oard 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 Agr iculture, Food, and Forest ry for
purposes of administering pesticide management p rograms. A portion
of these fees, in the amount of Three Hundred Thousand Dollars
($300,000.00) annually, shall be dedicate d for conducting programs
for unwanted pesticide di sposal. This amount shall be deposited
into the State Department of Agriculture Unwanted Pesticide Disposal
Fund and shall be dedicated for this use only.
4. The Board may require the submission of the c omplete 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 l abeling, and other
material required to be submitte d comply with the require ments of
this section, then the pesticide shall be regis tered.
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 o ther material required t o be
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submitted do not comply with the provisions of this section, it
shall notify the applicant of the deficiencies in the pesticide,
device, labeling, or other material required an d afford the
applicant an opportunity to make the n ecessary corrections . If the
applicant claims, in writing, that the corrections are not necessary
and requests in writing a hearing regarding the registration of the
pesticide or device, the Board shall p rovide an opportunity for a
hearing before refusing to issue the registrati on. In order to
protect the public, the Board may at any time cancel the
registration of a product or device . In no event, shall
registration of a pesticide or device be considere d 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 from one plant or place within t his 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 sal es shall be issued for a period of one (1)
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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
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 determined 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 ingredient or device is produced
within the state,
b. "produce" means to manufacture, prepare, propagate,
compound or process any pesticide or to package,
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repackage, label, relabel or otherwis e change the
container of any pesticide or device, and
c. "producer" means any person who produces,
manufactures, prepares, compound s, 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 de vice without first
obtaining a pesticide pro ducer 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 informat ion
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 establishment permit, the producer must n otify
the Board in writing within thi rty (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 t han the mailing
address,
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c. the name of any pesticide, active ingredient, or
device, and
d. the name and address and other pertinent contact
information for the respons ible party.
5. All permits for pesticide producer establishments shall be
issued for a period of one (1) year and shall be renewed annually.
All permits shall expire on June 30 each year and may be renewed
without penalty if a properly completed applicat ion is filed with
the Board not later than the fift eenth 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 pestici des, 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 Boar d, a complete copy of all labeling,
Material Safety Data Sheets, technical inform ation associated with
the pesticide, active ingredient, or device and a statement of all
claims to be made as well as direct ions and use must be submitted to
the Board.
9. In order to determine compliance with s tate and federal
laws, the Board may request a full disclosure of inventory records,
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sales and distribution records, and any other information deemed
necessary by the Board.
10. Every producer shall keep accurate recor ds pertaining to
pesticide, active in gredient, or device production and distribut ion
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 distribution
and copies shall be furnished to any authorized agent of 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 pers on filing the complaint in writing of
its receipt and status within two (2) worki ng days. The person whom
the complaint is filed against shall also be notified within two (2)
working days. Notification that a complaint has been filed may also
be given to the landowner or operator when appro priate. The
resolution of a complaint is th e completion of the appropriate
administrative, jurisdictional, or legal remedies to the extent
possible by the Department . The complainant shall be notified in
writing within seven (7) working days after resolu tion of the
complaint.
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SECTION 12. This act shall become effective November 1, 2023.
59-1-6209 JL 01/11/23