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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2060 By: Roberts
AS INTRODUCED
An Act relating to professions and occupations;
creating the Oklahoma Land scaper Act; providing
definitions; requiring landscaper license; Oklahoma
Board of Agriculture may promulgate administrative
rules; amending 2 O.S. 2021, Section 3 -82, which
relates pesticide dealer's permit; providing penalty
for violation; providing for codification; 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 7000 of Title 59, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Landscaper Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7001 of Title 59, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Board" means the Oklahoma State Board of Agriculture ;
2. "Landscaper" means a person who:
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a. is a pesticide applicator, gardener, landscape
gardener, garden or lawn caretaker or a grader or
cultivator of land i nvolved in the selection,
placement, planting and maintenance of plant material ,
and
b. services listed in division (1) of this paragraph
constitutes the primary source of income for this
person.
3. A landscaper under this act does not include:
a. persons who perform landscaping services that does not
offer restricted use pesticide application pursuant to
Sections 3-82 through 3-86 of Title 2 of the Oklahoma
Statutes, and
b. person who performs landscaping services as
supplemental income wh ile attending school.
4. "Person" means an individual, partnership, corporation,
joint venture, trust, association or any other legal entity ,
however, organized that employs more than four (4) people; and
5. "Primary source of income" means that such services
performed more than six (6) months out of the year and represent
more than fifty percent (50%) of the total income for that person.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7002 of Title 59, unless there
is created a duplication in numbering, reads as follows:
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No person shall engage in landscaping business without first
obtaining a license from the Oklahoma Board of Agriculture.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7003 of Title 59, unless there
is created a duplication in numbering, reads as follows:
The Oklahoma Board of Agriculture may promulgate administrative
rules to implement the provisions of the Oklahoma Landscaper Act.
SECTION 5. 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 i n
which the person is engaged.
2. A license may be issued by the Board in any category of
pesticide application if the applicant qualifies and the ap plicant
is limited to the category of pesticide application named on the
license. The Board may establish categories of pesticide
application as necessary . Licenses shall be issued upon application
to the Board on a form prescribed by the Board . The application
shall contain information regarding the applicant 's qualifications,
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proposed operations, and othe r information as specified by the
Board.
3. a. 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 aircraft
conducting agricultural operations . Applicants for an
aerial license and pilots working under a licens e may
be subject to a complete and thorough background
examination.
b. The Board shall promulgate rules reg arding aerial
applicators and applications consistent with federal
law and shall solicit the assistance of the Federal
Aviation Agency in the enforc ement of this subsection.
4. Each business location shall require a separate license and
separate certified applicator except that a certified applicator for
a noncommercial business location may also serve as the certified
applicator for one commercial business location.
5. A license shall not be issued for the category of pesticide
application of any applica nt or representative who has a temporary
certification.
B. CERTIFICATION REQUIRED - 1. A license shall be issued only
after satisfactory comple tion of the certification standards by the
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person who shall be the certified applicator under the license .
Temporary certified applicators do not qualify as the certified
applicator for a license, nor may they act as a certified
applicator. The Board shall deny the application for certification,
recertification, issuance, or renewal of a certificate or license
for a failure to show proper qualification under the rules or for
violations of any provisions of this section . A certificate in any
category shall be valid for five (5) years unless suspended,
canceled, or revoked by the Board or until recertification is
required for the category, and may be renewed after successful
completion of recertification requirements . The Board may require
certified applicators to be recertified once in a five -year period.
2. A certified service technician identification shall be
issued upon application and completion of certification standards
determined by the Board . Temporary certified 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 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 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
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by the Board, or until the service techni cian leaves the employ of
the licensed entity. The Oklahoma Department of Agriculture, Food,
and Forestry may issue a service technician identi fication upon
completion of the following:
a. a determination is made by the Department that the
applicant has successfully completed the written
examination,
b. the licensed entity provides a completed service
technician 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 expire
on dates established by the Department in administrative rules and
may be renewed for the ensuing calendar year, without penalty or
reexamination, if a properly completed application is filed with the
Board on a date established by the Department. If the application
is not received by the due date, a penalty of twice the amount of
the renewal fee shall be cha rged for renewal of the 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.
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.
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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 pa id 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 ($50. 00) shall be paid to the Board
for each written examination conducted by the Board;
3. A fee of Fifty Dollars ($50.00) shall be paid to the Board
for each practical examination conducted by the Board;
4. A fee of Twenty Dolla rs ($20.00) shall be paid to 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 Hundre d Fifty Dollars ($250.00) tota l category
fees shall be charged annually to any noncommercial business
location of an applic ator;
6. A fee of Twenty Dollars ($20.00) shall be paid to the Board
for the issuance or renewal of service technician identificati on;
7. A fee of Ten Dollars ($ 10.00) shall be paid to the Board for
the issuance of duplicate licenses or certificates or t ransfer of
service technician identification;
8. A fee of Fifty Dollars ($50.00) shall be paid to the Board
for each recertificat ion procedure; and
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9. A fee of One Hundred Dollars ($100.00) shall be paid to the
Board for each reciprocal certification pro cedure 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 pr ior 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 ag ents 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.
2. The amount of liability s hall 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
sum at all times during the licensing period . The Board shall be
notified fifteen (15 ) days prior to any reduction in liabil ity.
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3. If the furnished liability becomes unsatisfactory, the
applicant shall immediately e xecute new liability upon notice from
the Board. If new liability is not immediately obtained, the Board
shall, upon notice, cancel the license . It shall be unlawful for
the person to engage in the business of applying pesticides until
the liability is brought into compliance and the license reinstated.
H. DAMAGES - 1. Prior to filing an action against an
applicator for damages to growing crops or plants, any pe rson
alleging damages to growing crops or plants shall:
a. within ninety (90) calendar days o f the date that the
alleged damages occurred or prior to the time that
twenty-five percent (25%) of the allegedly damaged
crops or plants are harvested, whichever occurs first,
file a written complaint statement with the Department
regarding the alleged da mages, and
b. between the date of filing of the written complaint
pursuant to subparagraph a of this paragraph and the
date harvesting or destruction of the allege dly
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 damaged crops or plants during
reasonable hours. The representatives of the
applicator may include, but not be limited to, crop
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consultants, bondsmen, and insurers . Nothing in this
subparagraph shall limit in any way the harvesting or
destruction of the allegedly damaged crops or plants
in the ordinary course of business and pract ice.
2. Any person failing to comply with paragraph 1 of this
subsection shall be barred fro m filing an action for damages against
the applicator.
I. PERMIT REQUIRED – 1. It shall be unlawful for any person t o
sell, offer for sale, or distribute within this state any restricted
use pesticide without first obtaining a restricted use pesticide
dealer's permit issued by the Board.
2. A permit may be issued by the Board in any category of
pesticide sales if the applicant qualifies under the provisions of
this section and the applicant is limited to the category of
pesticide sales named on the permi t. 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 and the application shall contain
information regarding the applicant 's proposed operation and ot her
information as specified by the Board.
4. Each business location engaged in the sale or distribution
of restricted use pesticides shall require a separate per mit.
5. The annual permit fee for a restricted use pesticide dealer
permit shall be Fifty Do llars ($50.00) for each location.
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6. The Board may require a certified applicator to be present
at any location where designated restricted use pesticide sales
occur.
7. A holder of a restricted -use pesticide dealer's permit shall
only sell restricted-use pesticides to holders of a valid
applicator's license or another restricted-use pesticide dealer's
permit holder. Holders of a restricted -use pesticide dealer's
permit who violate this provision shall receive a fine of One
Thousand Five Hundred Dollars ($1,500.00) per violation to be issued
by the State Board of Agriculture or authorized agents of the Board .
J. PESTICIDE REGISTRATION REQUIRED – 1. Every pesticide or
device distributed, sold, or offered for sale within this state or
delivered for transp ortation or transported in intrastate or
interstate commerce shall be registered with the Board.
2. The registrant shall file with the Board a statement
including, but not limited to:
a. the name and address of the registrant and the name
and address of the person whose name shall appear on
the label, if other than the registrant,
b. the name of the pestic ide or device,
c. a complete copy of the labeling accompanying the
pesticide or device and a statement of all claims to
be made for it, and directions fo r use, and
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d. if requested by the Board, a full description of the
tests made and the results upon whic h the claims are
based. In renewing a registration, a statement shall
be required only with respect to information which is
different from the informati on furnished when the
pesticide or device was l ast registered.
3. Each registrant shall pay to the Boa rd an annual
registration fee of Two Hundred Ten Dollars ($210.00) for each
pesticide or device label registered . These fees shall be used by
the Oklahoma Department of Agriculture, Food, and Forest ry for
purposes of administering pesticide management pro grams. A portion
of these fees, in the amount of Three Hundred Thousand Dollars
($300,000.00) annually, shall be dedicated for conducting programs
for unwanted pesticide disposal. This amount shall be deposited
into the State Department of Agriculture Un wanted Pesticide Disposal
Fund and shall be dedicated for this use only.
4. The Board may require the submission of the complete formula
of any pesticide. Trade secrets and formulations submitted by the
registrant may be kept confidential . If it appears to the Board
that the composition of the pesticide is adequate to warrant the
proposed claims and if the pesticide, its labeling, and other
material required to be submitted comply with the require ments of
this section, then the pesticide shall be registe red.
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5. If it does not appear to the Board that the pesticide or
device is adequate to warrant the proposed claims for it or if the
pesticide or device, its labeling, and other material required t o be
submitted do not comply with the provisions of this se ction, it
shall notify the applicant of the deficiencies in the pesticide,
device, labeling, or other material required and afford the
applicant an opportunity to make the necessary corrections. If the
applicant claims, in writing, that the corrections ar e not necessary
and requests in writing a hearing regarding the registration of the
pesticide or device, the Board shall provide an opportunity for a
hearing before refusing to issue the registrati on. In order to
protect the public, the Board may at any t ime cancel the
registration of a product or device . In no event, shall
registration of a pesticide or device be considered as a defense or
excuse for the commission of any offense prohibited under this
section.
6. The Board may require that pesticides be distinctively
colored or discolored to protect the public health.
7. Registration shall not be required in the case of a
pesticide shipped from one pla nt or place within this state to
another plant or place within this state that is operated by the
same person.
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K. CATEGORIES OF LICENSES AND PERMITS – The Board may establish
any category of license for pesticide application or any category of
permit for pesticide sales.
L. PERMIT AND PESTICIDE REGISTRATION EXPIRATION – 1. All
permits for pesticide sales shall be issued for a period of one (1)
year and the permits shall be renewed annually and shall expire on a
date determined by the Board . A permit may be renewed for the
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:
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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,
repackage, label, relabel or otherwise change the
container of any pesticide or device, and
c. "producer" means any person who produces,
manufactures, prepares, compounds, propagates or
processes any active ingredient, pesticide, or device
as used in producing a pesticide.
2. It shall be unlawful for any person to produce within this
state any pesticide, active ingredient or device without first
obtaining a pesticide produ cer establishment permit issued by the
Board.
3. The permit shall be issued only upon application on a form
prescribed by the Board . The application shall contain information
regarding the proposed operation of the applicant and other
information as specified by the Board. If at any time there is a
change of the information provided in or on the application for a
pesticide producer 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:
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a. the name and address of the company,
b. the name and address of the estab lishment as well as
the physical location, if different than the mailing
address,
c. the name of any pesticide, active ingredient, or
device, and
d. the name and address and other pertinent contact
information for the responsible party.
5. All permits for pesticide producer establishments shall be
issued for a period of one (1) year and shall be renewed an nually.
All permits shall expire on June 30 each year and may be renewed
without penalty if a properly completed application is filed with
the Board not later than the fifteenth day of the month first
following the date of expiration . If the application is not
received by that date, a penalty of twice the amount of the renewal
fee shall be charged for renewal of the permit.
6. Each pesticide producer es tablishment location engaged in
the production of pesticides, active ingredients or devices shall
require a separate permit.
7. The annual permit fee for a pesticide producer establishment
shall be One Hundred Dollars ($100.00) for each location.
8. If requested by the Board, a complete copy of all labeling,
Material Safety Data Sheets, technical informat ion associated with
the pesticide, active ingredient, or device and a statement of all
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claims to be made as well as directions 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,
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 distributio n
as required by the Board . The records of the producer shall be kept
intact at the principal producing location in this state for at
least two (2) years after the date of production and distribution
and copies shall be furnished to any authorized agent o f the Board,
immediately upon request in person, at any time during the regular
business hours of the producer . Copies of records shall be
furnished to any authorized agent of the Board within seven (7)
working days of a written request, in summary form, by mail, fax,
email, website, or any other electronic media customarily used.
N. COMPLAINT RESOLUTION - Upon receipt of a written complaint,
the Board shall notify the person filing the complaint in writing of
its receipt and status within two (2) working days. The person whom
the complaint is filed against shall also be notified within two (2)
working days. Notification that a complaint has been filed may also
be given to the landowner or operator when appropriate . The
resolution of a complaint is the completion of the appropriate
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administrative, jurisdictional, or legal remedies to the extent
possible by the Department . The complainant shall be notif ied in
writing within seven (7) working days after resolution of the
complaint.
SECTION 6. This act shall become effective November 1, 2023.
59-1-6808 JL 01/16/23