Okla. Stat. tit. 2, § 2-3-81

As used in the Combined Pesticide Law:

1. "Aircraft" means any contrivance used or designed for

navigation of or flight in the air over land or water and is

designed for or adaptable for use in applying pesticides as sprays,

dusts, or other forms;

2. "Active ingredient" means an ingredient, which defoliates

plants, prevents fruit drop, inhibits sprouting, or destroys,

repels, or mitigates insects, fungi, bacteria, rodents, weeds, or

other pests;

3. "Adulterated" means and includes any pesticide if the

pesticide strength or purity falls below the professed standard of

quality as expressed on labeling or under which it is sold, or if

any substance has been substituted wholly or in part for the

components of the pesticide, or if any valuable constituent of the

components of the pesticide has been wholly or in part abstracted;

4. "Antidote" means the most practical immediate treatment in

case of poisoning and includes but is not limited to first aid

treatment;

5. "Business location" means any place, site, or facility

maintained by a commercial or noncommercial applicator where

records, including but not limited to, financial statements,

payroll, insurance, and personnel documents are maintained,

pesticides are stored, or customers are served. A location serving

strictly as a telephone answering service shall not be considered a

business location;

6. "Certificate" means a written document issued to an

individual by the State Board of Agriculture which indicates that

the individual has met the certification standards established by

the Combined Pesticide Law for the category of pesticide application

shown on the certificate. A certificate does not allow a person to

do work as a commercial, noncommercial, service technician, or

private applicator unless employed by a licensed entity or has a

valid license issued by the Board;

Oklahoma Statutes - Title 2. Agriculture Page 114

7. "Certification standards" means the standards that a person

shall meet to become a certified applicator;

8. "Certified applicator" means a person who has met the

certification standards;

9. "Commercial application" means the advertising of services,

recommendation for use, the preparation for application, or the

physical act of applying a pesticide or employment of a device for

hire or compensation;

10. "Commercial applicator" means any person engaging in the

commercial application of pesticides or commercial employment of

devices. Any farmer while working for a neighbor in agricultural

production, not advertising, and not held out to be in the business

of applying restricted-use pesticides, shall not be classified by

the Board as a commercial applicator;

11. "Contract" means a binding, written agreement between two

or more persons spelling out terms and conditions and includes, but

is not limited to, warranties or guarantees for pesticide

application. For structural pest control applications, the contract

shall also include a statement, plat, or diagram showing all

locations of visible termites and termite damaged materials which

are observed, and how the application was performed;

12. "Defoliant" means any pesticide intended to cause the

leaves or foliage to drop from a plant, with or without causing

abscission;

13. "Desiccant" means any pesticide intended to artificially

accelerate the drying of plant tissues;

14. "Device" means any instrument subject to the United States

Environmental Protection Agency regulation intended for trapping,

destroying, repelling, or mitigating insects or rodents, or

mitigating fungi, bacteria, or weeds, or other pests designated by

the Board, but not including equipment used for the application of

pesticides when sold separately;

15. "Direct supervision" means that the certified applicator is

responsible for assuring that persons working, subject to direct

supervision, are qualified to handle pesticides and are instructed
tigating insects or rodents, or

mitigating fungi, bacteria, or weeds, or other pests designated by

the Board, but not including equipment used for the application of

pesticides when sold separately;

15. "Direct supervision" means that the certified applicator is

responsible for assuring that persons working, subject to direct

supervision, are qualified to handle pesticides and are instructed

in the application of the specific pesticides used in each

particular application conducted which is subject to their

supervision. Certified applicators shall be accessible to the

noncertified applicator at all times during the application of the

pesticide by telephone, radio, or any device approved by the Board;

16. "Fungi" means all nonchlorophyll-bearing thallophytes,

including, but not limited to, rusts, smuts, mildews, molds, yeasts,

and bacteria, except those on humans or animals;

17. "Fungicide" means any pesticide intended for preventing,

destroying, repelling, or mitigating any fungi or bacteria;

18. "Ground equipment" means any machine, equipment, or device

other than aircraft designed for use, adaptable for use, or used on

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land or water in applying pesticides as sprays, dusts, aerosols,

fogs, or other forms;

19. "Herbicide" means any pesticide intended for preventing,

destroying, repelling, desiccating, or mitigating any weed, or for

defoliating plants, preventing fruitdrop, and inhibiting sprouting;

20. "Inert ingredient" means an ingredient, which is not an

active ingredient;

21. "Ingredient statement" means a statement containing the

name and percentage of each active ingredient, and the total

percentage of all inert ingredients in the pesticide. If the

pesticide contains arsenic in any form, the percentages of total and

water-soluble arsenic shall each be calculated as elemental arsenic;

22. "Insect" means any of the numerous small invertebrate six-

legged animals generally having the body more or less obviously

segmented, many belonging to the class Insecta, including, but not

limited to, beetles, bugs, and flies as well as allied classes of

arthropods including spiders, mites, ticks, centipedes, and wood

lice;

23. "Insecticide" means any pesticide intended for preventing,

destroying, repelling, or mitigating any insects which may be

present in any environment;

24. "Label" means the written, printed, or graphic matter

attached to the pesticide, device, or container including the

outside container or wrapper of the retail package of the pesticide

or device;

25. "Labeling" means all labels and other written, printed, or

graphic material:

a. upon the pesticide, device, or any of its containers

or wrappers,

b. accompanying the pesticide or device at any time, or

c. to which reference is made on the label or in

literature accompanying the pesticide or device except

when accurate, nonmisleading reference is made to

current official publications of the United States

Environmental Protection Agency, United States

Department of Agriculture, United States Department of

the Interior, the United States Public Health Service,

State Experiment Stations, State Agricultural

Colleges, or other federal institutions or official

agencies of this state or other states authorized by

law to conduct research in the field of pesticides;

26. "License" means a written document issued to a person by

the Board which shows that the person has met all established

licensing requirements established by the Combined Pesticide Law and

who is authorized to apply pesticides as a commercial,

noncommercial, or private applicator pursuant to the license issued;

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27. "Minimum standards" means the measures prescribed by the

Board to bring appropriate pesticide services to the public;

28. "Misbranded" means and includes:

a. any pesticide or device if its labeling bears any
Law and

who is authorized to apply pesticides as a commercial,

noncommercial, or private applicator pursuant to the license issued;

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27. "Minimum standards" means the measures prescribed by the

Board to bring appropriate pesticide services to the public;

28. "Misbranded" means and includes:

a. any pesticide or device if its labeling bears any

statement, design, or graphic representation relative

to its ingredients which is false or misleading, or

b. any pesticide or device:

(1) if it is an imitation of or is offered for sale

under the name of another pesticide or device,

(2) if its labeling bears any reference to

registration under the Combined Pesticide Law,

(3) if the labeling accompanying it does not contain

instructions for use which are necessary and, if

complied with, adequate for the protection of the

public,

(4) if the label does not contain a warning or

caution statement which may be necessary and, if

complied with, adequate to prevent injury to

humans and vertebrate animals,

(5) if the label does not bear an ingredient

statement on that part of the immediate container

and on the outside container or wrapper, if there

is one, through which the ingredient statement on

the immediate container cannot be clearly read,

of the retail package which is presented or

displayed under customary conditions of purchase,

(6) if any word, statement, or other information

required by or under the authority of the

Combined Pesticide Law to appear on the labeling

is not prominently placed with conspicuousness,

as compared with other words, statements,

designees, or graphic matter in the labeling, and

in terms likely to be read and understood by an

individual under customary conditions of purchase

and use, or

(7) if in the case of an insecticide, fungicide, or

herbicide, when used as directed or in accordance

with commonly recognized practice, it shall be

injurious to humans, vertebrate animals, or

vegetation, except weeds, to which it is applied,

or to the person applying the pesticide;

29. "Noncommercial applicator" means any person, other than a

commercial or private applicator, who uses or supervises the use of

a restricted-use pesticide. The noncommercial applicator shall be

under the supervision of an owner or manager of property and who is

certified in the same manner as a commercial applicator. A

noncommercial applicator is subject to all requirements except those

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pertaining to financial responsibility. Noncommercial applicator

includes a government employee applying restricted-use pesticides in

the discharge of official duties;

30. "Nonrestricted-use pesticide" means any pesticide, other

than a pesticide classified as restricted-use pesticide;

31. "Nonrestricted-use pesticide dealer" means any person

engaged in the sale, storage, or distribution of any pesticide other

than those pesticides classified by the United States Environmental

Protection Agency or the Board as restricted-use pesticides;

32. "Permit" means a written document issued by the Board which

shows that a person has met all of the permitting requirements

established by the Combined Pesticide Law and is authorized to sell

pesticides as a restricted-use or nonrestricted-use pesticide dealer

in accordance with the type of permit issued;

33. "Pest" means any organism harmful to man including, but not

limited to, insects, mites, nematodes, weeds, and pathogenic

organisms. Pathogenic organisms include viruses, mycoplasma,

bacteria, rickettsia, and fungi which the Board declares to be a

pest;

34. "Pesticide" means a substance or mixture of substances

intended for defoliating or desiccating plants, preventing

fruitdrop, inhibiting sprouting, or for preventing, destroying,

repelling, or mitigating any insects, rodents, fungi, bacteria,
and pathogenic

organisms. Pathogenic organisms include viruses, mycoplasma,

bacteria, rickettsia, and fungi which the Board declares to be a

pest;

34. "Pesticide" means a substance or mixture of substances

intended for defoliating or desiccating plants, preventing

fruitdrop, inhibiting sprouting, or for preventing, destroying,

repelling, or mitigating any insects, rodents, fungi, bacteria,

weeds, or other forms of plant or animal life or viruses, which the

Board declares to be a pest, except viruses on or in humans or

animals;

35. "Private applicator" means any person who uses or

supervises the use of any restricted pesticide for purposes of

producing any agricultural commodity on property owned or rented by

the person, or employer, or on the property of another person if

applied without compensation other than trading of personal services

between producers of agricultural commodities;

36. "Registrant" means the person registering any pesticide or

device pursuant to the provisions of the Combined Pesticide Law;

37. "Restricted-use pesticide" means any pesticide classified

for restricted use by the United States Environmental Protection

Agency, either by regulation or through the registration process, or

by the Board pursuant to the Oklahoma Agricultural Code;

38. "Restricted-use pesticide dealer" means any person engaged

in the sale, storage, or distribution of restricted-use pesticides;

39. "Rodenticide" means any pesticide intended for preventing,

destroying, repelling, or mitigating rodents or any other animal

which the Board declares a pest;

40. "Service technician" means a person employed by a licensed

commercial or noncommercial applicator who applies the pesticide or

employs a device, but is not a certified applicator. A service

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technician or certified applicator shall be present at each

application performed;

41. "Temporary certified applicator" means a person who has

successfully completed the written examinations required for

certification but has not successfully completed the practical

examination;

42. "Use" means transportation, storage, mixing, application,

safe handling, waste and container disposal, and other specific

instructions contained on the label and labeling;

43. "Weed" means any plant or plant part which grows where not

wanted; and

44. "Wood infestation report" means a document issued with a

property transaction which shall, at a minimum, contain statements

or certifications as to the presence or absence of termites and any

other wood destroying insects, and the presence or absence of

damage. The wood infestation report does not include a bid or

proposal for treatment.