Okla. Stat. tit. 2, § 2-3-85

and seizure – Exceptions - Environmental jurisdiction – Compliance

with federal law.

Oklahoma Statutes - Title 2. Agriculture Page 128

A. 1. The State Board of Agriculture shall administer and

enforce the provisions of the Combined Pesticide Law.

2. The State Board of Agriculture shall promulgate rules and

standards for the application, use or sale of pesticides, rules for

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.

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 cooperate 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 uniformity of rules.

5. The Board may inspect any work, records, 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 uniformity 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, registration,

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 materials 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 evidence that a

violation has occurred.

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 specified 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 fifty-one-hundredths of one

percent (0.51%) shall not exceed one hundred

fifty percent (150%) or fail to meet eighty

Oklahoma Statutes - Title 2. Agriculture Page 129

percent (80%) of the stated active ingredient on

the pesticide label when analyzed,

(2) pesticides with a stated concentration of active

ingredient not less than fifty-one-hundredths of

one percent (0.51%) and not more than one percent

(1%) shall not exceed one hundred forty percent

(140%) or fail to meet 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 one and one-hundredths

of one percent (1.01%) and not more than five

percent (5%) shall not exceed one hundred forty

percent (140%) or fail to meet 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 five and one-hundredths

of one percent (5.01%) and not more than ten

percent (10%) shall not exceed one hundred thirty

percent (130%) or fail to meet ninety-two percent

(92%) of the stated active ingredient on the

pesticide label when analyzed,
of the stated active ingredient on the

pesticide label when analyzed,

(4) pesticides with a stated concentration of active

ingredient not less than five and one-hundredths

of one percent (5.01%) and not more than ten

percent (10%) shall not exceed one hundred thirty

percent (130%) or fail to meet 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 ten and one-hundredths

of one percent (10.01%) and not more than fifty

percent (50%) shall not exceed one hundred

twenty-five percent (125%) or fail to meet

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 fifty and one-hundredths

of one percent (50.01%) and more than one hundred

percent (100%) shall not exceed one hundred

fifteen percent (115%) or fail to meet ninety-six

percent (96%) of the stated active ingredient on

the pesticide label when analyzed.

b. The concentration of an active ingredient for a

pesticide concentrate in fertilizer 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:

Oklahoma Statutes - Title 2. Agriculture Page 130

(1) when the stated concentration of active

ingredient on the pesticide label is less than

one and twenty-six-hundredths of one percent

(1.26%), the minimum amount of active ingredient

shall be at least 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 one and twenty-six-hundredths of one percent

(1.26%) or more than five percent (5%), the

minimum amount of active ingredient shall be at

least eighty percent (80%) of the stated

concentration on the pesticide label when

analyzed, and

(3) when the stated concentration of active

ingredient on the pesticide label is more than

five percent (5%), the minimum amount of active

ingredient shall be at least eighty-five percent

(85%) of the stated concentration on the

pesticide label when 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 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

fifty-one-hundredths of one percent (0.51%), the

minimum amount of active ingredient shall be at

least seventy percent (70%) 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 fifty-one-hundredths of one percent (0.51%)

or more than one and twenty-five-hundredths of

one percent (1.25%), the minimum amount of active

ingredient shall be at least eighty percent (80%)

of the stated concentration on the pesticide

label when analyzed, and
the pesticide label when

analyzed,

(2) when the stated concentration of active

ingredient on the pesticide label is not less

than fifty-one-hundredths of one percent (0.51%)

or more than one and twenty-five-hundredths of

one percent (1.25%), the minimum amount of active

ingredient shall be at least eighty percent (80%)

of the stated concentration on the pesticide

label when analyzed, and

(3) when the stated concentration of active

ingredient on the pesticide label is more than

Oklahoma Statutes - Title 2. Agriculture Page 131

one and twenty-five-hundredths of one percent

(1.25%), the minimum amount of active ingredient

shall be at least 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 established

tolerance shall be prima facie evidence of a use

unsuitable, unsafe or 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 written

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 fifty-one-

hundredths of one percent (0.51%), the minimum

amount of active ingredient in the tank mix shall

be at least sixty percent (60%) and not more than

one hundred fifty percent (150%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(2) when the stated concentration or that allowed by

the pesticide label is not less than fifty-one-

hundredths of one percent (0.51%) and not more

than one percent (1%), the minimum amount of

active ingredient in the tank mix shall be at

least seventy percent (70%) and not more than one

hundred forty percent (140%) of the stated

concentration 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 one and one-

hundredths of one percent (1.01%) and not more

than five percent (5%), the minimum amount of

active ingredient in the tank mix shall be at

least eighty percent (80%) and not more than one

hundred forty percent (140%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(4) when the stated concentration or that allowed by

the pesticide label is not less than five and

Oklahoma Statutes - Title 2. Agriculture Page 132

one-hundredths of one percent (5.01%) and not

more than ten percent (10%), the minimum amount

of active ingredient in the tank mix shall be at

least eighty-four percent (84%) and not more than

one hundred thirty percent (130%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(5) when the stated concentration or that allowed by

the pesticide label is not less than ten and one-

hundredths of one percent (10.01%) and not more

than fifty percent (50%), the minimum amount of

active ingredient in the tank mix shall be at

least eighty-eight percent (88%) and not more

than one hundred twenty-five percent (125%) of

the stated concentration or that allowed by the

pesticide label when analyzed, and
ation or that allowed by

the pesticide label is not less than ten and one-

hundredths of one percent (10.01%) and not more

than fifty percent (50%), the minimum amount of

active ingredient in the tank mix shall be at

least eighty-eight percent (88%) and not more

than one hundred twenty-five percent (125%) of

the stated concentration or that allowed by the

pesticide label when analyzed, and

(6) when the stated concentration or that allowed by

the pesticide label is not less than fifty and

one-hundredths of one percent (50.01%) and not

more than one hundred percent (100%), the minimum

amount of active ingredient in the tank mix shall

be at least ninety-two percent (92%) and not more

than 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 products,

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 applied as a stand-alone

termite treatment.

C. Authorized agents of the Board shall 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 pesticide application in

this state.

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 examination 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

Oklahoma Statutes - Title 2. Agriculture Page 133

hearing given to the person pursuant to the Administrative

Procedures Act.

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 may be seized by

the Oklahoma Department of Agriculture, Food, and Forestry in any

county of the state where it may be found and if:

a. in the case of a pesticide, it is adulterated or

misbranded, it has not been registered, it fails to

bear on its label the required information, or it is 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 which would be a violation

of this section or rules promulgated 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 district court and this section and rules

promulgated thereto.

5. The court may direct that the 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 pesticide 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.

F. The Board may, by publication in a manner as it may

prescribe, give notice of all judgments entered in action,

instituted under its authority.
s successful in intervening as

claimant of the pesticide 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.

F. The Board may, by publication in a manner as it may

prescribe, give notice of all judgments entered in action,

instituted under its authority.

G. All authority vested in the Board shall with like force and

effect be executed by its officers, employees, and authorized

agents.

H. EXCEPTION – The fines provided for violations may not apply

to:

1. Any carrier while lawfully engaged in transporting 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

engaged in the performance of official duties;

Oklahoma Statutes - Title 2. Agriculture Page 134

3. The manufacturer or shipper of a pesticide or device for

experimental use only, by or under the supervision of an agency of

this state or of the 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 conspicuously 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.

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, lumber,

wood, textile mill and other agricultural products,

b. slaughterhouses, but not including feedlots 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 System (NPDES) regulations to obtain

a permit for storm water discharges shall only be subject to the

jurisdiction of the Department of Environmental Quality with respect

to such storm water discharges.

J. This section shall not prevent any political subdivision

from complying with any applicable federal law or regulation. 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 taking any action. The Board

may assist the political subdivision in complying 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 Board if necessary for the political

subdivision to comply with federal requirements.