{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-3-81","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-3-81","heading":"Definitions","body":"As used in the Combined Pesticide Law:\n\n1. \"Aircraft\" means any contrivance used or designed for\n\nnavigation of or flight in the air over land or water and is\n\ndesigned for or adaptable for use in applying pesticides as sprays,\n\ndusts, or other forms;\n\n2. \"Active ingredient\" means an ingredient, which defoliates\n\nplants, prevents fruit drop, inhibits sprouting, or destroys,\n\nrepels, or mitigates insects, fungi, bacteria, rodents, weeds, or\n\nother pests;\n\n3. \"Adulterated\" means and includes any pesticide if the\n\npesticide strength or purity falls below the professed standard of\n\nquality as expressed on labeling or under which it is sold, or if\n\nany substance has been substituted wholly or in part for the\n\ncomponents of the pesticide, or if any valuable constituent of the\n\ncomponents of the pesticide has been wholly or in part abstracted;\n\n4. \"Antidote\" means the most practical immediate treatment in\n\ncase of poisoning and includes but is not limited to first aid\n\ntreatment;\n\n5. \"Business location\" means any place, site, or facility\n\nmaintained by a commercial or noncommercial applicator where\n\nrecords, including but not limited to, financial statements,\n\npayroll, insurance, and personnel documents are maintained,\n\npesticides are stored, or customers are served. A location serving\n\nstrictly as a telephone answering service shall not be considered a\n\nbusiness location;\n\n6. \"Certificate\" means a written document issued to an\n\nindividual by the State Board of Agriculture which indicates that\n\nthe individual has met the certification standards established by\n\nthe Combined Pesticide Law for the category of pesticide application\n\nshown on the certificate. A certificate does not allow a person to\n\ndo work as a commercial, noncommercial, service technician, or\n\nprivate applicator unless employed by a licensed entity or has a\n\nvalid license issued by the Board;\n\n7. \"Certification standards\" means the standards that a person\n\nshall meet to become a certified applicator;\n\n8. \"Certified applicator\" means a person who has met the\n\ncertification standards;\n\n9. \"Commercial application\" means the advertising of services,\n\nrecommendation for use, the preparation for application, or the\n\nphysical act of applying a pesticide or employment of a device for\n\nhire or compensation;\n\n10. \"Commercial applicator\" means any person engaging in the\n\ncommercial application of pesticides or commercial employment of\n\ndevices. Any farmer while working for a neighbor in agricultural\n\nproduction, not advertising, and not held out to be in the business\n\nof applying restricted-use pesticides, shall not be classified by\n\nthe Board as a commercial applicator;\n\n11. \"Contract\" means a binding, written agreement between two\n\nor more persons spelling out terms and conditions and includes, but\n\nis not limited to, warranties or guarantees for pesticide\n\napplication. For structural pest control applications, the contract\n\nshall also include a statement, plat, or diagram showing all\n\nlocations of visible termites and termite damaged materials which\n\nare observed, and how the application was performed;\n\n12. \"Defoliant\" means any pesticide intended to cause the\n\nleaves or foliage to drop from a plant, with or without causing\n\nabscission;\n\n13. \"Desiccant\" means any pesticide intended to artificially\n\naccelerate the drying of plant tissues;\n\n14. \"Device\" means any instrument subject to the United States\n\nEnvironmental Protection Agency regulation intended for trapping,\n\ndestroying, repelling, or mitigating insects or rodents, or\n\nmitigating fungi, bacteria, or weeds, or other pests designated by\n\nthe Board, but not including equipment used for the application of\n\npesticides when sold separately;\n\n15. \"Direct supervision\" means that the certified applicator is\n\nresponsible for assuring that persons working, subject to direct\n\nsupervision, are qualified to handle pesticides and are instructed\ntigating insects or rodents, or\n\nmitigating fungi, bacteria, or weeds, or other pests designated by\n\nthe Board, but not including equipment used for the application of\n\npesticides when sold separately;\n\n15. \"Direct supervision\" means that the certified applicator is\n\nresponsible for assuring that persons working, subject to direct\n\nsupervision, are qualified to handle pesticides and are instructed\n\nin the application of the specific pesticides used in each\n\nparticular application conducted which is subject to their\n\nsupervision. Certified applicators shall be accessible to the\n\nnoncertified applicator at all times during the application of the\n\npesticide by telephone, radio, or any device approved by the Board;\n\n16. \"Fungi\" means all nonchlorophyll-bearing thallophytes,\n\nincluding, but not limited to, rusts, smuts, mildews, molds, yeasts,\n\nand bacteria, except those on humans or animals;\n\n17. \"Fungicide\" means any pesticide intended for preventing,\n\ndestroying, repelling, or mitigating any fungi or bacteria;\n\n18. \"Ground equipment\" means any machine, equipment, or device\n\nother than aircraft designed for use, adaptable for use, or used on\n\nland or water in applying pesticides as sprays, dusts, aerosols,\n\nfogs, or other forms;\n\n19. \"Herbicide\" means any pesticide intended for preventing,\n\ndestroying, repelling, desiccating, or mitigating any weed, or for\n\ndefoliating plants, preventing fruitdrop, and inhibiting sprouting;\n\n20. \"Inert ingredient\" means an ingredient, which is not an\n\nactive ingredient;\n\n21. \"Ingredient statement\" means a statement containing the\n\nname and percentage of each active ingredient, and the total\n\npercentage of all inert ingredients in the pesticide. If the\n\npesticide contains arsenic in any form, the percentages of total and\n\nwater-soluble arsenic shall each be calculated as elemental arsenic;\n\n22. \"Insect\" means any of the numerous small invertebrate six-\n\nlegged animals generally having the body more or less obviously\n\nsegmented, many belonging to the class Insecta, including, but not\n\nlimited to, beetles, bugs, and flies as well as allied classes of\n\narthropods including spiders, mites, ticks, centipedes, and wood\n\nlice;\n\n23. \"Insecticide\" means any pesticide intended for preventing,\n\ndestroying, repelling, or mitigating any insects which may be\n\npresent in any environment;\n\n24. \"Label\" means the written, printed, or graphic matter\n\nattached to the pesticide, device, or container including the\n\noutside container or wrapper of the retail package of the pesticide\n\nor device;\n\n25. \"Labeling\" means all labels and other written, printed, or\n\ngraphic material:\n\na. upon the pesticide, device, or any of its containers\n\nor wrappers,\n\nb. accompanying the pesticide or device at any time, or\n\nc. to which reference is made on the label or in\n\nliterature accompanying the pesticide or device except\n\nwhen accurate, nonmisleading reference is made to\n\ncurrent official publications of the United States\n\nEnvironmental Protection Agency, United States\n\nDepartment of Agriculture, United States Department of\n\nthe Interior, the United States Public Health Service,\n\nState Experiment Stations, State Agricultural\n\nColleges, or other federal institutions or official\n\nagencies of this state or other states authorized by\n\nlaw to conduct research in the field of pesticides;\n\n26. \"License\" means a written document issued to a person by\n\nthe Board which shows that the person has met all established\n\nlicensing requirements established by the Combined Pesticide Law and\n\nwho is authorized to apply pesticides as a commercial,\n\nnoncommercial, or private applicator pursuant to the license issued;\n\n27. \"Minimum standards\" means the measures prescribed by the\n\nBoard to bring appropriate pesticide services to the public;\n\n28. \"Misbranded\" means and includes:\n\na. any pesticide or device if its labeling bears any\nLaw and\n\nwho is authorized to apply pesticides as a commercial,\n\nnoncommercial, or private applicator pursuant to the license issued;\n\n27. \"Minimum standards\" means the measures prescribed by the\n\nBoard to bring appropriate pesticide services to the public;\n\n28. \"Misbranded\" means and includes:\n\na. any pesticide or device if its labeling bears any\n\nstatement, design, or graphic representation relative\n\nto its ingredients which is false or misleading, or\n\nb. any pesticide or device:\n\n(1) if it is an imitation of or is offered for sale\n\nunder the name of another pesticide or device,\n\n(2) if its labeling bears any reference to\n\nregistration under the Combined Pesticide Law,\n\n(3) if the labeling accompanying it does not contain\n\ninstructions for use which are necessary and, if\n\ncomplied with, adequate for the protection of the\n\npublic,\n\n(4) if the label does not contain a warning or\n\ncaution statement which may be necessary and, if\n\ncomplied with, adequate to prevent injury to\n\nhumans and vertebrate animals,\n\n(5) if the label does not bear an ingredient\n\nstatement on that part of the immediate container\n\nand on the outside container or wrapper, if there\n\nis one, through which the ingredient statement on\n\nthe immediate container cannot be clearly read,\n\nof the retail package which is presented or\n\ndisplayed under customary conditions of purchase,\n\n(6) if any word, statement, or other information\n\nrequired by or under the authority of the\n\nCombined Pesticide Law to appear on the labeling\n\nis not prominently placed with conspicuousness,\n\nas compared with other words, statements,\n\ndesignees, or graphic matter in the labeling, and\n\nin terms likely to be read and understood by an\n\nindividual under customary conditions of purchase\n\nand use, or\n\n(7) if in the case of an insecticide, fungicide, or\n\nherbicide, when used as directed or in accordance\n\nwith commonly recognized practice, it shall be\n\ninjurious to humans, vertebrate animals, or\n\nvegetation, except weeds, to which it is applied,\n\nor to the person applying the pesticide;\n\n29. \"Noncommercial applicator\" means any person, other than a\n\ncommercial or private applicator, who uses or supervises the use of\n\na restricted-use pesticide. The noncommercial applicator shall be\n\nunder the supervision of an owner or manager of property and who is\n\ncertified in the same manner as a commercial applicator. A\n\nnoncommercial applicator is subject to all requirements except those\n\npertaining to financial responsibility. Noncommercial applicator\n\nincludes a government employee applying restricted-use pesticides in\n\nthe discharge of official duties;\n\n30. \"Nonrestricted-use pesticide\" means any pesticide, other\n\nthan a pesticide classified as restricted-use pesticide;\n\n31. \"Nonrestricted-use pesticide dealer\" means any person\n\nengaged in the sale, storage, or distribution of any pesticide other\n\nthan those pesticides classified by the United States Environmental\n\nProtection Agency or the Board as restricted-use pesticides;\n\n32. \"Permit\" means a written document issued by the Board which\n\nshows that a person has met all of the permitting requirements\n\nestablished by the Combined Pesticide Law and is authorized to sell\n\npesticides as a restricted-use or nonrestricted-use pesticide dealer\n\nin accordance with the type of permit issued;\n\n33. \"Pest\" means any organism harmful to man including, but not\n\nlimited to, insects, mites, nematodes, weeds, and pathogenic\n\norganisms. Pathogenic organisms include viruses, mycoplasma,\n\nbacteria, rickettsia, and fungi which the Board declares to be a\n\npest;\n\n34. \"Pesticide\" means a substance or mixture of substances\n\nintended for defoliating or desiccating plants, preventing\n\nfruitdrop, inhibiting sprouting, or for preventing, destroying,\n\nrepelling, or mitigating any insects, rodents, fungi, bacteria,\nand pathogenic\n\norganisms. Pathogenic organisms include viruses, mycoplasma,\n\nbacteria, rickettsia, and fungi which the Board declares to be a\n\npest;\n\n34. \"Pesticide\" means a substance or mixture of substances\n\nintended for defoliating or desiccating plants, preventing\n\nfruitdrop, inhibiting sprouting, or for preventing, destroying,\n\nrepelling, or mitigating any insects, rodents, fungi, bacteria,\n\nweeds, or other forms of plant or animal life or viruses, which the\n\nBoard declares to be a pest, except viruses on or in humans or\n\nanimals;\n\n35. \"Private applicator\" means any person who uses or\n\nsupervises the use of any restricted pesticide for purposes of\n\nproducing any agricultural commodity on property owned or rented by\n\nthe person, or employer, or on the property of another person if\n\napplied without compensation other than trading of personal services\n\nbetween producers of agricultural commodities;\n\n36. \"Registrant\" means the person registering any pesticide or\n\ndevice pursuant to the provisions of the Combined Pesticide Law;\n\n37. \"Restricted-use pesticide\" means any pesticide classified\n\nfor restricted use by the United States Environmental Protection\n\nAgency, either by regulation or through the registration process, or\n\nby the Board pursuant to the Oklahoma Agricultural Code;\n\n38. \"Restricted-use pesticide dealer\" means any person engaged\n\nin the sale, storage, or distribution of restricted-use pesticides;\n\n39. \"Rodenticide\" means any pesticide intended for preventing,\n\ndestroying, repelling, or mitigating rodents or any other animal\n\nwhich the Board declares a pest;\n\n40. \"Service technician\" means a person employed by a licensed\n\ncommercial or noncommercial applicator who applies the pesticide or\n\nemploys a device, but is not a certified applicator. A service\n\ntechnician or certified applicator shall be present at each\n\napplication performed;\n\n41. \"Temporary certified applicator\" means a person who has\n\nsuccessfully completed the written examinations required for\n\ncertification but has not successfully completed the practical\n\nexamination;\n\n42. \"Use\" means transportation, storage, mixing, application,\n\nsafe handling, waste and container disposal, and other specific\n\ninstructions contained on the label and labeling;\n\n43. \"Weed\" means any plant or plant part which grows where not\n\nwanted; and\n\n44. \"Wood infestation report\" means a document issued with a\n\nproperty transaction which shall, at a minimum, contain statements\n\nor certifications as to the presence or absence of termites and any\n\nother wood destroying insects, and the presence or absence of\n\ndamage. The wood infestation report does not include a bid or\n\nproposal for treatment.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"cf755d2a83843f71a0d0b7687d03b528f529926063a2ed742c426e4dcf37e510","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-3-601","next":"us-ok/okla.-stat.-tit.-2-2-3-82"},"notice":"GroundRules: Original legal text. Not legal advice."}