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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1966 By: Newton
COMMITTEE SUBSTITUTE
An Act relating to agriculture; providing fees;
requiring certain certification for licensing;
providing for expiration and renewal of licenses ;
providing insurance requirements for a license;
providing requirements for legal actions to be filed
against an applicator for damages; pro hibiting 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 certif ied applicator to be pres ent 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 dete rmined by the Board;
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providing for renewal of pesticide sale permits and
registrations; defining terms; 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 renewed
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; exempting licensing requirement for
applicator license when a property o wner is applying
it to their own property ; removing licenses and
permits; providing for codificatio n; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-82A of Title 2, unless there
is created a duplicatio n in numbering, reads as follows:
A. The following fees shall be paid to the State Board of
Agriculture:
1. A fee of One Hundred Dollars ($100.00) for each category of
pesticide application shall be paid to the Board for the issuan ce or
renewal of a commercial applicator business license. Not more than
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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 ($50.00) shall be paid to the Board
for each written exami nation 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 ren ewal 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 Dolla rs ($250.00) total category
fees shall be charged an nually 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 technic ian identification;
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.
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B. All fees shall be deposited in the State Department of
Agriculture Revolving Fund.
C. Fees shall be paid to t he Board prior to the processing of
any application.
D. Failure to pay any fee identified 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 certification standards by the per son
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, recer tification,
issuance, or renewal of a certificate or licens e 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, c anceled, 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.
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B. A certified service technician identification shall be
issued upon application and completion of certification standards
determined by the Board. Temporary certified applicators may
qualify as a certified se rvice 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
the name of the licensed entity. The licensee shall ensure t hat the
service technician identification is returne d 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 recertificatio n is required
by the Board, or until the service te chnician leaves the employ of
the licensed entity. The Oklahoma Department of Agriculture, Food,
and Forestry may issue a service technician identification upon
completion of the following:
1. A determination is made by the Department that the applicant
has successfully completed the written examination ;
2. The licensed entity provides a completed service technician
identification application form at the ti me of testing; and
3. All appropriate fees are paid at the time of testing.
C. Each license, except for private applicators, shall expire
on dates established by the Department in administrative rules and
may be renewed for the ensuing calendar year, wit hout penalty or
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reexamination, if a properly complete d 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 r enewal of the license. If the
application is not recei ved 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 an d may be renewed by applicati on after
completion of a continuing education program or written exam
approved by the Board.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-82C of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. 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 any agents a gainst
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
commercial applicator.
B. 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 le ss than that
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sum at all times during the licensin g period. The Board shall be
notified fifteen (15) days prio r to any reduction in liability.
C. If the furnished liability becomes unsatisfactory, the
applicant shall immediately execute new liability upon n otice 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 th e 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 numbering, reads as follows:
A. 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:
1. 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 D epartment regarding the alleged d amages; 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, allow
the applicator and the representatives of the appli cator reasonable
access to the property to inspect and take samples of the allegedly
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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
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 with subsection A of this
section shall be barred from fil ing an action for damages against
the applicator.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-82E of Title 2, unless there
is created a duplication in numbering, read s 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 restricted use pesticide dealer's permit issued by
the Board.
B. 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 pe rmit. 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 locatio n engaged in the sale or dis tribution
of restricted use pesticides 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 location.
F. The Board may require a certifie d applicator to be present
at any location where designated restricted use pesticide sales
occur.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 3-82F of Title 2, unless there
is created a duplication in numbering, reads as follow s:
A. 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.
B. The registrant shall file with the Board a statement
including, but not limited to:
1. The name and address of the registrant and the name and
address of the person whose nam e 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 the tests
made and the results upon which the claims are based. In renewing a
registration, a statement shall be required only with respect to
information 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 Disp osal
Fund and shall be dedicated for this use only.
D. The Board may require the submission of the complete formula
of any pesticide. Trade secrets and formulations submi tted 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
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material required to b e submitted comply with the re quirements 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 labeli ng, and other material requir ed to be
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 and afford the
applicant an opportunity to m ake the necessary 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 provide an opportunity for a
hearing before refusing to issue the regist ration. 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 o f any offense prohibited u nder 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 case of a
pesticide shipped from one plant or place with in 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 establish any category of license for pesticide
application or any category o f 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 Board. A permit 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
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 following the date
of expiration. If the application is not received b y that date, a
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penalty of twice the amount of the renewal fee shall be charged for
renewal of the pesticide registration.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-82I of Title 2, unless there
is created a duplication in 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, propagat e,
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, pr opagates, or processes any active ingredient,
pesticide, or device as used in producing a pesticide.
B. It shall be unlawful for any person to produce within this
state any pesticide, active ingredient , or device without first
obtaining a pesticide producer establishment permit iss ued 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 c ompany;
2. The name and address of the establishment as well as the
physical location, if different than the 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 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 co mpleted 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 renewa l of the permit.
F. Each pesticide producer establishment location engaged in
the production of pesticides, active 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 copy of all labeling,
Material Safety Data Sheets, technical information 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.
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 ingredient, or device production and distribution
as required by the Board. The records of the producer shall be kept
intact at the principal producing lo cation 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 Bo ard,
immediately upon request in person, at any time during the regular
business hours of the produ cer. 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.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 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 Board shall notify the
person filing the complaint in wr iting 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 been filed may also be given to
the landowner or operator whe n 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 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 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, unless the person is applying to their
own property.
2. B. A license may be issued by the Board in any category of
pesticide application if the applicant qualifies 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 with 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 ai rcraft
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 Aviation 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 location may also serve a s the
certified applicator for one commercial business location.
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5. E. A license shall not be issued 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 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 the y 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 qu alification under the rules or for
violations of any provisions of th is 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 requir ements. 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 applicators 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
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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 identification
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 Agriculture, 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 administrative 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 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 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 an 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 examination 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 noncommercial 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 technician 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 State Department of
Agriculture Revolving 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 and 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 commercial 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 period . 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 immediately obtained, th e 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 aga inst 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%) o f the allegedly damaged
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 th is paragraph and the
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 dam aged crops or plants
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 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 pesticide sales as necessary.
3. The permit shall be is sued only upon application 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 distr ibution
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 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 thi s 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 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 Boar d, 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 the
pesticide or device was last 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 Agriculture, Food, an d Forestry 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 disposal . 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 sub mitted 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 submitted comply with the requirements 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 other material requ ired to 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 necessary correctio ns. 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 regi stration. 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 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 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, 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.
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 ingr edient 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 device 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 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 establishment 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,
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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 establi shments 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 fifteenth d ay 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 engag ed 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 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 state 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 records pertaining to
pesticide, active ingredient, 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 pr oduction 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 o f 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 perso n 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 appropriate. 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 resolution of the
complaint.
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SECTION 12. This act shall become effec tive November 1, 2023.
59-1-7646 JL 02/22/23