Okla. Stat. tit. 2, § 2-3-86

of license, certificate or identification – Violations - Penalties.

A. It shall be unlawful for any person, whether or not they

hold a commercial or noncommercial license, to violate any part of

this subsection or rules promulgated by the State Board of

Agriculture. Any license, certificate, or identification issued may

be suspended, canceled, revoked, or refused issue or reissue by the

Board after a notice and an opportunity to be heard has been given

to the holder of the license or certificate. The suspension,

cancellation, revocation, or refusal to issue or reissue any

license, certificate, or identification may be made if the Board

finds:

1. A person has made misrepresentations for the purpose of

defrauding, or has not satisfactorily performed, without proper

cause, any contract into which the person entered;

2. A person has negligently used methods or pesticides that are

ineffective or improper for the purpose for which they have been

employed;

3. A person has operated in a negligent manner, thereby causing

a pesticide to drift off-target;

4. A person has used a pesticide in a manner inconsistent with

its labeling unless prior written approval has been obtained from

the Board;

5. Failure or refusal to furnish the Board, upon request, true

information regarding methods, pesticides, and safety measures used,

work performed, or other information required by the Board, or for

making any false statement or representation in the person's

application for issuance or renewal of a permit;

6. Any violation of state law or rules or standards prescribed

by the Board;

7. The issuance of an inaccurate, misleading, or fraudulent

wood infestation report;

8. Failure or refusal to keep and maintain complete and

accurate records as specified in this subarticle;

9. Advertising or offering to perform in a category of

pesticide application for which no license is held or under a name

for which no license is held;

10. Failure or refusal to pay by the specified date any fees,

fines, or penalties authorized under this subarticle;

11. Failure to explain in writing in a contract signed by the

property owner the ways that a pesticide application fails to comply

with any minimum requirements or standards authorized by this

article;

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12. Failure to perform work according to minimum standards

authorized by this subarticle except as agreed by all parties in

writing in the contract;

13. Falsely stating that a person is employed by or represents

another person;

14. Falsely stating that a person or methods are recommended by

any branch of government or that any specific work shall be

inspected by any branch of government;

15. Any person to act, operate, do business, or advertise as an

applicator unless the person has obtained a valid license issued by

the Board for the category in which the person is engaged;

16. Any persons to be employed or represent themselves as

certified applicators or service technicians unless they have met

the certification standards prescribed by the Board and obtained

valid certificates or identifications issued by the Board for the

categories for which the persons are to be employed or supervised;

17. Any person to act or operate as a private applicator unless

the person has obtained a valid private applicator license issued by

the Board;

18. Any person convicted in any court of a violation of this

subarticle, pesticide laws of any other state, or the Federal

Insecticide Fungicide and Rodenticide Act;

19. Failure to correct substandard work within twenty (20)

calendar days of written notification unless an extension has been

granted in writing by the Board;

20. Failure to comply with the Worker Protection Standard as

defined in the Code of Federal Regulations 40 CFR 170;

21. Failure to comply with the provisions of a citation, stop

work order, or stop sale order issued by the Board; or
;

19. Failure to correct substandard work within twenty (20)

calendar days of written notification unless an extension has been

granted in writing by the Board;

20. Failure to comply with the Worker Protection Standard as

defined in the Code of Federal Regulations 40 CFR 170;

21. Failure to comply with the provisions of a citation, stop

work order, or stop sale order issued by the Board; or

22. Any other proper cause.

B. Any person, holder or nonholder of a valid license violating

any of the provisions of this subarticle shall be guilty of a

misdemeanor and shall be punishable by a fine of not less than One

Hundred Dollars ($100.00) and not more than Ten Thousand Dollars

($10,000.00), imprisonment in the county jail for not less than

thirty (30) days and not more than one (1) year, or both.

C. It shall be unlawful for any person, whether or not a person

holds a permit as a manufacturer, registrant, or distributor, to

distribute, sell, or offer for sale within this state, deliver for

transportation or transport in intrastate or interstate commerce, or

to violate any part of this subarticle or rules promulgated by the

Board. Any pesticide registration, permit, certificate, or

identification issued may be suspended, canceled, revoked, or

refused reissue by the Board after a notice and opportunity to be

heard has been given to the holder of the registration, permit,

certificate, or identification. Notice shall be given to the holder

of the registration, permit, certificate, or identification by

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registered or certified mail at least ten (10) days prior to the

date of hearing. The suspension, cancellation, revocation, or

refusal to reissue any registration, permit, certificate or

identification may be made if the Board finds that:

1. A pesticide or device which has not been registered pursuant

to the provisions of this subarticle, or any of the claims made for

it or any of the directions for its use differ in substance from the

representations made in connection with its registration, or if the

composition differs from its composition as represented in

connection with its registration. At the discretion of the Board, a

change in the labeling or formula may be made within a registration

period without requiring reregistration of the product;

2. A pesticide unless it is in the registrant’s or the

manufacturer’s unbroken original container, does not have a clear

and readable label affixed to the original container and to the

outside container or wrapper of the retail package, the following

information:

a. the name and address of the manufacturer, registrant,

or person for whom manufactured,

b. the name, brand, or trademark under which the article

is sold, and

c. the net weights or measures of the content subject to

reasonable variations as the Board shall permit;

3. In addition to any other requirement any pesticide

containing a substance in quantities highly toxic to humans, that

does not bear a label containing:

a. the skull and crossbones,

b. the word “DANGER” prominently in red, on a background

of distinctly contrasting color, and

c. a statement of an antidote for the pesticide;

4. An adulterated or misbranded pesticide or device;

5. That any person intends to or has distributed, sold, stored,

or used any pesticide or device in a manner inconsistent with its

labeling;

6. That any person has sold or offered for sale any pesticide

or device which has been canceled, suspended, or placed under stop

sale except when the Board directs the sale of unused quantities of

pesticides whose registrations have been canceled or suspended;

7. A pesticide dealer has sold, offered for sale, or

distributed within this state any pesticide without first obtaining

a valid pesticide dealer's permit in the appropriate category issued

by the Board;

8. A pesticide dealer has failed or refused to keep accurate
le except when the Board directs the sale of unused quantities of

pesticides whose registrations have been canceled or suspended;

7. A pesticide dealer has sold, offered for sale, or

distributed within this state any pesticide without first obtaining

a valid pesticide dealer's permit in the appropriate category issued

by the Board;

8. A pesticide dealer has failed or refused to keep accurate

and complete records, as required by the Board, for a period of at

least two (2) years at each business location;

Oklahoma Statutes - Title 2. Agriculture Page 138

9. A pesticide dealer has failed or refused to provide true and

complete information to the Board, upon request, regarding pesticide

sales, or other information required by the Board;

10. A person has made any false statement or representation in

the person’s application for issuance or renewal of a permit;

11. A person has failed or refused to pay by the specified date

any fees, fines, or penalties authorized under the Oklahoma

Agricultural Code;

12. A person has failed to comply with the provisions of a

citation, stop work order, or stop sale order issued by the Board;

13. A person has detached, altered, defaced, or destroyed, in

whole or in part, any label or labeling provided for in this

subarticle or in rules promulgated by the Board, and added any

substance to or taken any substance from a pesticide in a manner

that may defeat any of the purposes of this subarticle;

14. A person has used any information concerning formulas for

products acquired by authority of this subarticle for personal

advantage or revealed such information to another, other than to the

Board or proper officials or employees of the state, to the courts

of this state in response to a subpoena, physicians, or in

emergencies to pharmacists and other qualified person, for use in

the preparation of antidotes;

15. A person has violated the state law or rules promulgated by

the Board pursuant thereto;

16. Any person has been convicted in any court of a violation

of this act, pesticide laws of any other state, or Federal

Insecticide Fungicide and Rodenticide Act; or

17. A person determined by the Board to have violated any

provision of this subarticle or rules promulgated by the Board.

D. If after notice and an opportunity for hearing in accordance

with the Administrative Procedures Act, the Board finds any person

to be in violation of any of the provisions of this subarticle or

rules promulgated by the Board, the Board has the authority to

assess an administrative penalty of not less than One Hundred

Dollars ($100.00) and not more than Ten Thousand Dollars

($10,000.00) for each violation. It shall also be unlawful and a

misdemeanor for any person, whether or not a commercial or

noncommercial license holder, to use a pesticide in a manner

inconsistent with its labeling unless prior written approval has

been obtained by the Board.

E. Except as provided for by law, any person, holder or non-

holder of a valid license, registration, permit, certificate, or

other identification issued by the Board violating any of the

provisions of this subarticle shall be guilty of a misdemeanor and

shall be punishable by a fine of not less than One Hundred Dollars

($100.00) and not more than Ten Thousand Dollars ($10,000.00) or by

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imprisonment in the county jail for not less than thirty (30) days

and not more than one (1) year, or both.