An Act
ENROLLED HOUSE
BILL NO. 2185 By: Lowe (Dick) of the House
and
Bullard of the Senate
An Act relating to agriculture; amending 2 O.S. 2021,
Section 3-82, as amended by Section 11, Chapter 72,
O.S.L. 2023 (2 O.S. Supp. 2023, Section 3 -82), which
relates to applicator licenses; modifying requirement
to receive an aerial license; amending 2 O.S. 2021,
Section 3-85, which relates to rule and standards;
allowing use of certain pesticide under certain
conditions; updating statutory language; and
declaring an emergency.
SUBJECT: Agriculture
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 3 -82, as
amended by Section 11, Chapter 72, O.S.L. 2023 (2 O.S. Supp. 2023,
Section 3-82), is amended to read as follows:
Section 3-82. A. It shall be unlawful for any person to act,
operate, or do business or advertise as a commercial, noncommercial,
certified applicator, temporary certified applicator, servi ce
technician, or private appli cator 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 his or her own
property.
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 categorie s of pesticide ENR. H. B. NO. 2185 Page 2
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,
proposed operations, and other informat ion as specified by the
Board.
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 a ircraft
conducting agricultural operations , and a copy of any other
applicable certification as required by the Federal Aviation
Administration for pesticide application . Applicants for an aerial
license and pilots working u nder a license may be subject t o a
complete and thorough background examination.
2. The Board shall promulgate rules regarding aerial
applicators and applications consistent with federal law and shall
solicit the assistance of the Federal Aviation Admini stration in the
enforcement of this subsection.
D. 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.
E. A license shall not be issued for the category of pesticide
application of any applicant or representative who has a temporary
certification.
SECTION 2. AMENDATORY 2 O.S. 2021, Sectio n 3-85, is
amended to read as f ollows:
Section 3-85. A. 1. The State Board of Agriculture shall
administer and enforce the provisions of the Oklahoma Combined
Pesticide Law.
2. The State Board of Agriculture shall promulgate rules and
standards for the application, use or sale of pesticides, rules fo r
pesticide registration, standards for contracts and recordkeeping,
work performance, prescribe standards for the licensing of
application of pesticides, issuing pesticide dealer permits,
certification, recertification procedures, and storing and disposal
of pesticide and pesticide containers.
ENR. H. B. NO. 2185 Page 3
3. The Board shall, to the extent practical, create uniformity
between the requirements of Oklahoma and those prescribed by the
Federal Insecticide, Fungicide , and Rodenticide Act.
4. The Board is empowered to coop erate with and negotiate
reciprocal agreements with the federal government or any state, or
any department or agency of either for the purpose of fulfilling the
intent of this section and securing unifor mity of rules.
5. The Board may inspect any work, re cords, or contracts of
each applicator, manufacturer, or dealer to determine whether or not
the work is performed according to the provisions of this section or
rules promulgated thereunder.
6. For the purpose of securing uniformit y of rules, no city,
town, county, or other political subdivision of this state shall
adopt or continue in effect any ordinance, rule, regulation, or
statute regarding pesticide sale or use that is more stringent than
the rules of the Board, including, but not limited to, registr ation,
notification, posting, advertising and marketing, distribution,
applicator training and certification, storage, transportation,
disposal, disclosure of confidential information, or product
composition.
7. The Board may take samples of pesticide mat erials in order
to determine their concentration or residue level. If the Board
finds that such samples are not within established standards, the
Board’s finding shall be considered prima facie evide nce that a
violation has occurr ed.
a. The concentration of an active ingredient for a
pesticide concentrate , shall not exceed or be less
than the concentration of active ingredient stated on
the pesticide label by more or less than the tolerance
for active ingredient concentration spec ified by this
paragraph. Concentrations above or below the
established tolerance shall be prima facie evidence
that a pesticide is adulterated or misbranded:
(1) pesticides with a stated concentration of active
ingredient less than 0.51% fifty-one-hundredths
of one percent (0.51%) shall not exceed 150% one
hundred fifty percent (150%) or fail to meet 80%
eighty percent (80%) of the stated active
ingredient on the pesticide label when analyzed, ENR. H. B. NO. 2185 Page 4
(2) pesticides with a stated c oncentration of active
ingredient not less than 0.51% fifty-one-
hundredths of one percent (0.51%) and not more
than 1.0% one percent (1%) shall not exceed 140%
one hundred forty percent (140%) or fail to meet
85% eighty-five percent (85%) of the stated
active ingredient on the pesticide label when
analyzed,
(3) pesticides with a stated concentration of active
ingredient not less than 1.01% one and one-
hundredths of one percent (1.01%) and not more
than 5.00% five percent (5%) shall not exceed
140% one hundred forty percent (140%) or fail to
meet 90% ninety percent (90%) of the stated
active ingredient on the pesticide label when
analyzed,
(4) pesticides with a stated concentration of active
ingredient not less than 5.01% five and one-
hundredths of one perc ent (5.01%) and not more
than 10.00% ten percent (10%) shall not exceed
130% one hundred thirty percent (130%) or fail to
meet 92% ninety-two percent (92%) of the stated
active ingredient on the pesticide label when
analyzed,
(5) pesticides with a stated concentration of active
ingredient not less than 10.01% ten and one-
hundredths of one percent (10.01%) and not more
than 50.00% fifty percent (50%) shall not exceed
125% one hundred twenty-five percent (125%) or
fail to meet 94% ninety-four percent (94%) of the
stated active ingredient on the pesticide label
when analyzed, and
(6) pesticides with a stated concentration of active
ingredient not less than 50.01% fifty and one-
hundredths of one percent (50.01%) and more than
100.00% one hundred percent (100%) shall not
exceed 115% one hundred fifteen percent (115%) or
fail to meet 96% ninety-six percent (96%) of the
stated active ingredient on the pesticide label
when analyzed. ENR. H. B. NO. 2185 Page 5
b. The concentration of an active ingredient for a
pesticide concentrate in fertil izer and pesticide
mixtures, pressed blocks and nonuniform baits shall
not be less than the concentration of active
ingredient stated on the pesticide label for the
tolerance for active ingredient concentration
specified by this paragraph. Concentrations below the
established tolerance shall be prima facie evidence
that a pesticide is adulterated or misbranded:
(1) when the stated concentration of active
ingredient on the pesticide label is less than
1.26% one and twenty-six-hundredths of one
percent (1.26%), the minimum amount of acti ve
ingredient shall be at least 67.0% sixty-seven
percent (67%) of the stated concentration on the
pesticide label when analyzed,
(2) when the stated concentration of active
ingredient on the pesticide label is not less
than 1.26% one and twenty-six-hundredths of one
percent (1.26%) or more than 5.0% five percent
(5%), the minimum amount of active ingredient
shall be at least 80.0% eighty percent (80%) of
the stated concentration on the pesticide label
when analyzed, and
(3) when the stated concentration of active
ingredient on the pesticid e label is more than
5.0% five percent (5%), the minimum amount of
active ingredient shall be at least 85.0% eighty-
five percent (85%) of the stated concentration on
the pesticide label whe n analyzed.
c. The concentration of an active ingredient for a
pesticide concentrate in rotenone, pyrethrin and other
natural product formulations shall not be less than
the concentration of active ingredient stated on the
pesticide label for the toleranc e for active
ingredient concentration specified by this paragraph.
Concentrations below the established tolerance shall
be prima facie evidence that a pesticide is
adulterated or misbranded:
ENR. H. B. NO. 2185 Page 6
(1) when the stated concentration of active
ingredient on the pesticide label is less than
0.51% fifty-one-hundredths of one percent
(0.51%), the minimum amount of active ingredient
shall be at least 70.0% seventy percent (70%) of
the state stated concentration on the pesticide
label when analyzed,
(2) when the stated concentration of active
ingredient on the pesticide label is not les s
than 0.51% fifty-one-hundredths of one percent
(0.51%) or more than 1.25% one and twenty-five-
hundredths of one percent (1.25%), the minimum
amount of active ingredient shall be at lea st
80.0% eighty percent (80%) of the stated
concentration on the pesti cide label when
analyzed, and
(3) when the stated concentration of active
ingredient on the pesticide label is more than
1.25% one and twenty-five-hundredths of one
percent (1.25%), the minimum amount of active
ingredient shall be at least 85.0% eighty-five
percent (85%) of the stated concentration on the
pesticide label when analyzed.
d. The concentration of an active ingredient for a
pesticide tank mix, as stated by the applicator and
allowed by the pesticide label , shall not exceed or be
less than the concentration of active ingredient
stated by more or less than the tolerance for active
ingredient concentration specified by this paragraph.
Concentrations above or below the establish ed
tolerance shall be prima fac ie evidence of a use
unsuitable, unsafe o r inconsistent with its label or
labeling. No pesticide shall be formulated into a
tank mix at a concentration in excess of or below that
permitted by the pesticide label without writ ten
approval from an authorized agent of the Oklahoma
Department of Agriculture, Food, and Forestry:
(1) when the stated concentration or that allowed by
the pesticide label is less than 0.51% fifty-one-
hundredths of one percent (0.51%), the minimum
amount of active ingredient in the t ank mix shall ENR. H. B. NO. 2185 Page 7
be at least 60.0% sixty percent (60%) and not
more than 150.0% one hundred fifty percent (150%)
of the stated concentration or that allowed by
the pesticide label when analyzed,
(2) when the stated concentratio n or that allowed by
the pesticide label is not less than 0.51% fifty-
one-hundredths of one percent (0.51%) and not
more than 1.0% one percent (1%), the minimum
amount of active ingredient in the tank mix shall
be at least 70.0% seventy percent (70%) and not
more than 140.0% one hundred forty percent (140%)
of the stated concent ration or that allowed by
the pesticide label when analyzed,
(3) when the stated concentration or that allowed by
the pesticide label is not less than 1.01% one
and one-hundredths of one percent (1.01%) and not
more than 5.0% five percent (5%), the minimum
amount of active ingredient in the tank mix shall
be at least 80.0% eighty percent (80%) and not
more than 140.0% one hundred forty percent (140%)
of the stated concentration or th at allowed by
the pesticide label when analyzed,
(4) when the stated concen tration or that allowed by
the pesticide label is not less than 5.01% five
and one-hundredths of one percent (5.01%) and not
more than 10.0% ten percent (10%), the minimum
amount of active ingredient in the tank mix shall
be at least 84.0% eighty-four percent (84%) and
not more than 130.0% one hundred thirty percent
(130%) of the stated concentration or that
allowed by the pesticide label when analyzed,
(5) when the stated concentr ation or that allowed by
the pesticide label is not less than 10.01% ten
and one-hundredths of one percent (10.01%) and
not more than 50.0% fifty percent (50%), the
minimum amount of active ingredient in the tank
mix shall be at least 88.0% eighty-eight percent
(88%) and not more than 125.0% one hundred
twenty-five percent (125%) of the stated
concentration or that allowed by the pesticide
label when analyzed, and ENR. H. B. NO. 2185 Page 8
(6) when the stated concentration or that allowed by
the pesticide label is not less than 50.01% fifty
and one-hundredths of one percent (50.01%) and
not more than 100.0% one hundred percent (100%),
the minimum amount of active ingredient in the
tank mix shall be at least 92.0% ninety-two
percent (92%) and not more than 115.0% one
hundred fifteen percent (115%) of the stated
concentration or that allowed by the pesticide
label when analyzed.
e. The State Board of Agriculture may promulgate, by
rule, maximum and minimum concentrations or thresholds
for the other concentrate of pesticides in product s,
or soil residues.
B. If registered by the United States Environmental Protection
Agency, registered in Oklahoma, and used in accordance with all
requirements as prescribed by the product label, any borate -based
pesticide for termite control may be app lied as a stand-alone
termite treatment.
C. Authorized agents of the Board shal l have the authority to
issue notices of violation, citations, compliance orders, stop
sales, or stop work orders to those persons committing violations of
the laws or rules relating to pesticides or pestic ide application in
this state.
C. D. 1. Examinations of pesticides or devices shall be made
under the direction of the Board for the purpose of determining if
there has been compliance with the requirements of this section .
2. If it appears from exami nation that a pesticide or device
fails to comply with the provisions of this section, and the Board
contemplates instituting administrative proceedings against any
person, the Board shall cause notice and an opportunity for a
hearing given to the person p ursuant to the Administrative
Procedures Act.
D. E. 1. Any pesticide or device distributed, sold, or offered
for sale within this state or delivered for transportation or
transported in intrastate or interstate commerce ma y be seized by
the Oklahoma Department of Agriculture, Food, and Forestry in any
county of the state where it may be found and if: ENR. H. B. NO. 2185 Page 9
a. in the case of a pesticide, it is adulterated or
misbranded, it has not been registered, it fails to
bear on its label th e required information, or it i s a
white powder pesticide and it is not colored as
required, or
b. in the case of a device, it is misbranded.
2. If the pesticide or device is condemned it shall, after
entry of decree or judgment of a district court, be disposed of by
destruction or sale as the court may direct. If the article is
sold, the proceeds, less court costs, shall be paid to the State
Department of Agriculture Revolving Fund.
3. The court shall not order the sale or disposal of a
condemned pesticide or device in a manner wh ich would be a violation
of this section or rules promulg ated thereto.
4. The person or entity directed to dispose or sell the
condemned pesticide or device shall do so in a manner that complies
with the order of the distri ct court and this section and r ules
promulgated thereto.
5. The court may direct that th e pesticide or article be
delivered to the owner for relabeling or reprocessing.
6. If there is a person who is successful in intervening as
claimant of the pestici de or device, when a decree of judgment of
condemnation is entered against the pesticide or device, court
costs, fees, storage, and other proper expenses shall be awarded
against such claimant.
E. F. The Board may, by publication in a manner as it may
prescribe, give notice of all jud gments entered in action,
instituted under its authority.
F. G. All authority vested in the Board shall with like force
and effect be executed by its officers, employees, and authorized
agents.
G. H. EXCEPTION – The fines provided for violations may no t
apply to:
ENR. H. B. NO. 2185 Page 10
1. Any carrier while lawfully engaged in transport ing a
pesticide within this state, if the carrier permits the Board upon
request to copy all records showing the transaction in and movement
of the pesticide and devices involved;
2. Public officials of this state and of the Federal Government
federal government engaged in the performance of official duties;
3. The manufacturer or shipper of a pesticide or device for
experimental use only, by or under the supe rvision of an agency of
this state or of the Federal Government federal government
authorized by law to conduct research in the field of pesticides or
devices, or by others if the pesticide or the device is not sold or
if the container is plainly and consp icuously marked “for
experimental use only - not to be sold”, together with the
manufacturer’s name and address, if a written permit has been
obtained from the Board. Pesticides or devices may be sold for
experimental purposes subject to restrictions set forth in the
permit; and
4. Pesticides and devices intended solely for export to a
foreign country, and prepared or packed according to the
specifications or directions of the purchaser. If not exported, all
of the provisions of this section shall apply .
H. I. 1. The Department of Environmental Quality shall have
environmental jurisdiction over:
a. commercial manufacturers of fertilizers, grain and
feed products, and chemicals, and over manufacturing
of food and kindred products, tobacco, paper, lumb er,
wood, textile mill and othe r agricultural products,
b. slaughterhouses, but not including feedlo ts at these
facilities, and
c. aquaculture and fish hatcheries , including, but not
limited to, discharges of pollutants and storm water
to waters of the state, surface impoundments and land
application of wastes and sludge, and other pollution
originating at these facilities; and
2. Facilities which store grain, feed, seed, fertilizer, and
agricultural chemicals that are required by federal National
Pollutant Discharge Elimination Systems System (NPDES) regulations ENR. H. B. NO. 2185 Page 11
to obtain a permit for storm water discha rges shall only be subject
to the jurisdiction of the Department of Environmental Quality with
respect to such storm water discharges.
I. J. This section shall not prevent any politi cal subdivision
from complying with any applicable federal law or regulat ion. A
political subdivision which takes any action prohibited by this
title in order to comply with federal requirements shall notify the
Board of its compliance plan prior to takin g any action. The Board
may assist the political subdivision in complyin g with federal
requirements necessary to carry out the policy of this section. The
Board may permit a political subdivision to impose standards more
stringent than required by the Bo ard if necessary for the political
subdivision to comply with federal req uirements.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereb y
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval. ENR. H. B. NO. 2185 Page 12
Passed the House of Representatives the 15th day of May, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 24th day of April, 2024.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STA TE
Received by the Office of t he Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________