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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 494 By: Howard and Bullard of the
Senate
and
Pfeiffer of the House
An Act relating to damages; amending 2 O.S. 2 021,
Section 3-82, which relates to the C ombined Pesticide
Law; updating reference to certai n entity; specifying
categories of growing crops or plants eli gible for
award of damages for certain viola tions; establishing
requirements for calculation of certai n actual
damages; limiting certain damage awards; providing
for codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 priva te applicator unless the
person has obtained a valid applicator’s license issued by the S tate
Board of Agriculture for the category of pestic ide application in
which the person is engaged.
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2. A license may be issued by the Board in any category of
pesticide application if the applicant qualif ies and the applicant
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 B oard. The application
shall contain information re garding the applicant’s qualifications,
proposed operations, and other information as specified by the
Board.
3. a. An aerial license shall not be issued or be valid
unless the applicant files with the Boa rd 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 u nder a license may
be subject to a complete and tho rough background
examination.
b. The Board shall promulgate rules regarding aerial
applicators and applications consistent with federal
law and shall solicit the assis tance of the Federal
Aviation Agency Administration in the enforcement of
this subsection.
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4. Each business location shall require a separat e license and
separate certified applicator except that a certified applicator for
a noncommercial business locatio n may also serve as the certified
applicator for one commercial business location.
5. A license shall not be issued for the category of pest icide
application of any applicant 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
person who shall be the certified ap plicator under the license.
Temporary certified applicators do not qualify as the certified
applicator for a licen se, nor may they act as a certified
applicator. The Board shall deny the application for certification,
recertification, issuance, or renewa l 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 Boa rd or until recertification is
required for the category, and may be renewed after successful
completion of recerti fication requirements. The Board may require
certified applicators to be recertified once in a five-year period.
2. A certified service tec hnician identification shall be
issued upon application and completion of certification standards
determined by the Board. Temporary certified applicato rs may
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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
by the Board, or until the service technician leaves the employ of
the licensed entity. The Oklahoma Department of Agricult ure, Food,
and Forestry may issue a se rvice technician identi fication upon
completion of the following:
a. a determination is made by the Dep artment that the
applicant has successfully completed the written
examination,
b. the licensed entity provides a co mpleted service
technician identificat ion application form at the time
of testing, and
c. all appropriate fees are paid at the time of testin g.
3. Each license, except for private applicators, shall expire
on dates established by the Department in adminis trative rules and
may be renewed for t he ensuing calendar year, without penalty or
reexamination, if a properly completed application is file d with the
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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 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 cat egory of
pesticide application shall be paid to the Board for the issuance or
renewal of a commercial a pplicator business license. Not more than
Five Hundred Dollars ($500.00) total category fees shall be charged
annually to any business location of an ap plicator;
2. A fee of Fifty Dollars ($50.00) shall be paid to the Board
for each written examination c onducted by the Board;
3. A fee of Fifty Dollars ($50.00) shall be paid to the Board
for each practical examinatio n conducted by the Board;
4. A fee of Twenty Dollars ($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 noncomm ercial business license.
Not more than Two Hundred Fifty Dollars ($250.00) total category
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fees shall be charged annually to any noncommercia l 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 i dentification;
7. A fee of Ten Dollars ($10.00) shall be paid to the Board for
the issuance of duplica te licenses or certificates or transfer of
service technician identification;
8. A fee of Fifty Dollars ($50.00) s hall 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 Fu nd.
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 ins uring the
commercial applicator and an y agents against liability res ulting
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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 liabilit y shall not be less than that set by
the Board for each property damage arising out of actual use of an y
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 reducti on in liability.
3. If the furnished liability becomes unsatisfactory, t he
applicant shall immediately execute new liability upon notice from
the Board. If new liability is not immediate ly obtained, the Board
shall, upon notice, cancel the license . It shall be unlawful for
the person to engage in the business of applying pes ticides until
the liability is brought into compliance and the license reinstated.
H. DAMAGES - 1. An award of damages to growing crops or plants
resulting from negligent application or unintentional dr ift off
target that is a violation of the Combined Pesticide Law shall be
limited to:
a. crops or plants that are insurable under the Federal
Crop Insurance Corporatio n program, or
b. crops or plants that are directly sold by the producer
to the consumer.
In a civil action arising from damages to growing crops or
plants pursuant to this subsection , an award of actual damages sh all
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not exceed the amount of compensation a producer has received from
proven yield from the affected area. If the producer has no proven
yield from the affected area, an award of actual damages shall not
exceed an amount equal to the county average yield for the specific
crop or plant as calculat ed by the Federal Crop Insurance
Corporation program.
2. Prior to filing an action again st 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 p rior 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 damages, and
b. between the date of filing of the w ritten complaint
pursuant to subparagraph a of this paragraph and the
date harvesting or destruction of the allegedly
damaged crops or plants occurs, allow the applicator
and the representatives of the applicator reaso nable
access to the property to inspec t and take samples of
the allegedly damaged crops o r 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 t he harvesting or
destruction of the allegedly damag ed crops or plants
in the ordinary course of busines s and practice.
2. 3. Any person failing to comply with paragraph 1 2 of this
subsection shall be barred from fili ng an action for damages against
the applicator.
I. PERMIT REQUIRED – 1. It shall be unlawful for any person to
sell, offer for sale, or di stribute 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 permit . The Board may establish
categories of pesticide sales as necessary.
3. The permit shall be issued only upon application on a form
prescribed by the Board and the application shall contain
information regarding the applicant ’s proposed operation and other
information as specified by the Board.
4. Each business location engaged in the sale or di stribution
of restricted use pesticides shall requir e a separate permit.
5. The annual permit fee for a restricted use pesticide dealer
permit shall be Fifty Dollars ($50.00) for each location.
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6. The Board may require a certified applicator to be presen t
at any location where designated restricted use pe sticide sales
occur.
J. PESTICIDE REGISTRATION REQUIRED – 1. Every pesticide or
device distributed, sold, or offe red for sale within this state or
delivered for transportation or transported in intrasta te or
interstate commerce shall be registered with t he 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 o n
the label, if other than the registrant,
b. the name of the pesticide or device,
c. a complete copy of the labeling accompanying the
pesticide or device and a statem ent of all claims to
be made for it, and directions for use, and
d. if requested by the B oard, a full description of the
tests made and the r esults upon which the claims are
based. In renewing a registration, a statement shall
be required only with respec t to information which is
different from the information furnished when the
pesticide or device was last registered.
3. Each registrant shal l pay to the Board an annual
registration fee of Two Hundred Ten Dollars ($210.00) for each
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pesticide or device lab el registered. These fees shall be us ed by
the Oklahoma Department of Agriculture, Food, and Forestry for
purposes of administering pesticid e management programs. A portion
of these fees, in the amount of Three Hundred Thousand Dollars
($300,000.00) annually, shall be dedicated for conductin g programs
for unwanted pesticide disposal. This amount shall be deposited
into the State Department o f Agriculture Unwanted 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 ot her
material required to be submitted comply with t he requirements of
this section, then the pesticide shall be registered.
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 r equired to be
submitted do not comply with the provi sions of this section, it
shall notify the applicant of the deficiencies in the pesticide,
device, labeling, or oth er material required and afford the
applicant an opportunity to make the necessary correc tions. If the
applicant claims, in writing, that th e corrections are not necessary
and requests in writing a hearing regarding the registration of the
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pesticide or device, the Board shall provide an oppor tunity for a
hearing before refusing to issue the r egistration. In order to
protect the public, the Bo ard 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 prohibi ted under this
section.
6. The Board may require th at pesticides be distinctively
colored or discolored to protect the public health.
7. Registration shall not be re quired 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 opera ted by the
same person.
K. CATEGORIES OF LICENSES AND PERMITS – The Board may establish
any category of license fo r pesticide application or any categor y 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 e xpire on a
date determined by the Boar d. 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
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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 annua lly and shall
expire on a date to be d etermined 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 fol lowing 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 ch arged 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,
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 pestici de.
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2. It shall be unlawful for any p erson to produce within this
state any pesticide, active ingredient or device without first
obtaining a pesticide producer 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 appl ication for a
pesticide producer estab lishment 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,
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 sha ll be renewed annually.
All permits shall expire on June 30 each year and may be renewed
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without penalty if a prop erly completed application is filed wi th
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 establishment location engaged in
the production of pesticides, active ingredients or dev ices shall
require a separate permit.
7. The annual permit fee for a pesticide producer establishment
shall be One Hundred Dollars ($100.00) for each lo cation.
8. If requested by the Board, a complete copy of all labeling,
Material Safety Data Sheets, te chnical information associated with
the pesticide, active ingredient, or device and a statement of all
claims to be made as well as directions and use mu st 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 de emed
necessary by the Board.
10. 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 prod ucing location in this state for at
least two (2) years after the date of production and distribution
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and copies shall be furnished to any au thorized 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, i n summary form, by mail, fax,
email, website, or any other electronic media customarily used.
N. COMPLAINT RESOLUTION - Upon receipt of a written compla int,
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
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 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 73 of Title 23, unless there is
created a duplication in numbering, reads as follows:
A. An award of damages to growing crops or plants resulting
from negligent application or unintentional drift off tar get that is
a violation of the Combined Pesticide Law shall be limited to:
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1. Crops or plants that are insurable under the Federal Crop
Insurance Corporation program; or
2. Crops or plants that are directly sold by the producer to
the consumer.
B. In a civil action arising from damages to growing crops or
plants pursuant to subsection A of this sec tion, an award of actual
damages shall not exceed t he amount of compensation a producer has
received from proven yield from the affected area. If the producer
has no proven yield from the affected area, an award of ac tual
damages shall not exceed an amoun t equal to the county average yield
for the specific crop or plant as calculated by the Federal Crop
Insurance Corporation program.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason wher eof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE, dated 04/11/2023 - DO
PASS.