{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-3-85","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-3-85","heading":"Enforcement - Rules and standards – Examination, notice","body":"and seizure – Exceptions - Environmental jurisdiction – Compliance\n\nwith federal law.\n\nA. 1. The State Board of Agriculture shall administer and\n\nenforce the provisions of the Combined Pesticide Law.\n\n2. The State Board of Agriculture shall promulgate rules and\n\nstandards for the application, use or sale of pesticides, rules for\n\npesticide registration, standards for contracts and recordkeeping,\n\nwork performance, prescribe standards for the licensing of\n\napplication of pesticides, issuing pesticide dealer permits,\n\ncertification, recertification procedures, and storing and disposal\n\nof pesticide and pesticide containers.\n\n3. The Board shall, to the extent practical, create uniformity\n\nbetween the requirements of Oklahoma and those prescribed by the\n\nFederal Insecticide, Fungicide, and Rodenticide Act.\n\n4. The Board is empowered to cooperate with and negotiate\n\nreciprocal agreements with the federal government or any state, or\n\nany department or agency of either for the purpose of fulfilling the\n\nintent of this section and securing uniformity of rules.\n\n5. The Board may inspect any work, records, or contracts of\n\neach applicator, manufacturer, or dealer to determine whether or not\n\nthe work is performed according to the provisions of this section or\n\nrules promulgated thereunder.\n\n6. For the purpose of securing uniformity of rules, no city,\n\ntown, county, or other political subdivision of this state shall\n\nadopt or continue in effect any ordinance, rule, regulation, or\n\nstatute regarding pesticide sale or use that is more stringent than\n\nthe rules of the Board, including, but not limited to, registration,\n\nnotification, posting, advertising and marketing, distribution,\n\napplicator training and certification, storage, transportation,\n\ndisposal, disclosure of confidential information, or product\n\ncomposition.\n\n7. The Board may take samples of pesticide materials in order\n\nto determine their concentration or residue level. If the Board\n\nfinds that such samples are not within established standards, the\n\nBoard’s finding shall be considered prima facie evidence that a\n\nviolation has occurred.\n\na. The concentration of an active ingredient for a\n\npesticide concentrate shall not exceed or be less than\n\nthe concentration of active ingredient stated on the\n\npesticide label by more or less than the tolerance for\n\nactive ingredient concentration specified by this\n\nparagraph. Concentrations above or below the\n\nestablished tolerance shall be prima facie evidence\n\nthat a pesticide is adulterated or misbranded:\n\n(1) pesticides with a stated concentration of active\n\ningredient less than fifty-one-hundredths of one\n\npercent (0.51%) shall not exceed one hundred\n\nfifty percent (150%) or fail to meet eighty\n\npercent (80%) of the stated active ingredient on\n\nthe pesticide label when analyzed,\n\n(2) pesticides with a stated concentration of active\n\ningredient not less than fifty-one-hundredths of\n\none percent (0.51%) and not more than one percent\n\n(1%) shall not exceed one hundred forty percent\n\n(140%) or fail to meet eighty-five percent (85%)\n\nof the stated active ingredient on the pesticide\n\nlabel when analyzed,\n\n(3) pesticides with a stated concentration of active\n\ningredient not less than one and one-hundredths\n\nof one percent (1.01%) and not more than five\n\npercent (5%) shall not exceed one hundred forty\n\npercent (140%) or fail to meet ninety percent\n\n(90%) of the stated active ingredient on the\n\npesticide label when analyzed,\n\n(4) pesticides with a stated concentration of active\n\ningredient not less than five and one-hundredths\n\nof one percent (5.01%) and not more than ten\n\npercent (10%) shall not exceed one hundred thirty\n\npercent (130%) or fail to meet ninety-two percent\n\n(92%) of the stated active ingredient on the\n\npesticide label when analyzed,\nof the stated active ingredient on the\n\npesticide label when analyzed,\n\n(4) pesticides with a stated concentration of active\n\ningredient not less than five and one-hundredths\n\nof one percent (5.01%) and not more than ten\n\npercent (10%) shall not exceed one hundred thirty\n\npercent (130%) or fail to meet ninety-two percent\n\n(92%) of the stated active ingredient on the\n\npesticide label when analyzed,\n\n(5) pesticides with a stated concentration of active\n\ningredient not less than ten and one-hundredths\n\nof one percent (10.01%) and not more than fifty\n\npercent (50%) shall not exceed one hundred\n\ntwenty-five percent (125%) or fail to meet\n\nninety-four percent (94%) of the stated active\n\ningredient on the pesticide label when analyzed,\n\nand\n\n(6) pesticides with a stated concentration of active\n\ningredient not less than fifty and one-hundredths\n\nof one percent (50.01%) and more than one hundred\n\npercent (100%) shall not exceed one hundred\n\nfifteen percent (115%) or fail to meet ninety-six\n\npercent (96%) of the stated active ingredient on\n\nthe pesticide label when analyzed.\n\nb. The concentration of an active ingredient for a\n\npesticide concentrate in fertilizer and pesticide\n\nmixtures, pressed blocks and nonuniform baits shall\n\nnot be less than the concentration of active\n\ningredient stated on the pesticide label for the\n\ntolerance for active ingredient concentration\n\nspecified by this paragraph. Concentrations below the\n\nestablished tolerance shall be prima facie evidence\n\nthat a pesticide is adulterated or misbranded:\n\n(1) when the stated concentration of active\n\ningredient on the pesticide label is less than\n\none and twenty-six-hundredths of one percent\n\n(1.26%), the minimum amount of active ingredient\n\nshall be at least sixty-seven percent (67%) of\n\nthe stated concentration on the pesticide label\n\nwhen analyzed,\n\n(2) when the stated concentration of active\n\ningredient on the pesticide label is not less\n\nthan one and twenty-six-hundredths of one percent\n\n(1.26%) or more than five percent (5%), the\n\nminimum amount of active ingredient shall be at\n\nleast eighty percent (80%) of the stated\n\nconcentration on the pesticide label when\n\nanalyzed, and\n\n(3) when the stated concentration of active\n\ningredient on the pesticide label is more than\n\nfive percent (5%), the minimum amount of active\n\ningredient shall be at least eighty-five percent\n\n(85%) of the stated concentration on the\n\npesticide label when analyzed.\n\nc. The concentration of an active ingredient for a\n\npesticide concentrate in rotenone, pyrethrin and other\n\nnatural product formulations shall not be less than\n\nthe concentration of active ingredient stated on the\n\npesticide label for the tolerance for active\n\ningredient concentration specified by this paragraph.\n\nConcentrations below the established tolerance shall\n\nbe prima facie evidence that a pesticide is\n\nadulterated or misbranded:\n\n(1) when the stated concentration of active\n\ningredient on the pesticide label is less than\n\nfifty-one-hundredths of one percent (0.51%), the\n\nminimum amount of active ingredient shall be at\n\nleast seventy percent (70%) of the stated\n\nconcentration on the pesticide label when\n\nanalyzed,\n\n(2) when the stated concentration of active\n\ningredient on the pesticide label is not less\n\nthan fifty-one-hundredths of one percent (0.51%)\n\nor more than one and twenty-five-hundredths of\n\none percent (1.25%), the minimum amount of active\n\ningredient shall be at least eighty percent (80%)\n\nof the stated concentration on the pesticide\n\nlabel when analyzed, and\nthe pesticide label when\n\nanalyzed,\n\n(2) when the stated concentration of active\n\ningredient on the pesticide label is not less\n\nthan fifty-one-hundredths of one percent (0.51%)\n\nor more than one and twenty-five-hundredths of\n\none percent (1.25%), the minimum amount of active\n\ningredient shall be at least eighty percent (80%)\n\nof the stated concentration on the pesticide\n\nlabel when analyzed, and\n\n(3) when the stated concentration of active\n\ningredient on the pesticide label is more than\n\none and twenty-five-hundredths of one percent\n\n(1.25%), the minimum amount of active ingredient\n\nshall be at least eighty-five percent (85%) of\n\nthe stated concentration on the pesticide label\n\nwhen analyzed.\n\nd. The concentration of an active ingredient for a\n\npesticide tank mix, as stated by the applicator and\n\nallowed by the pesticide label, shall not exceed or be\n\nless than the concentration of active ingredient\n\nstated by more or less than the tolerance for active\n\ningredient concentration specified by this paragraph.\n\nConcentrations above or below the established\n\ntolerance shall be prima facie evidence of a use\n\nunsuitable, unsafe or inconsistent with its label or\n\nlabeling. No pesticide shall be formulated into a\n\ntank mix at a concentration in excess of or below that\n\npermitted by the pesticide label without written\n\napproval from an authorized agent of the Oklahoma\n\nDepartment of Agriculture, Food, and Forestry:\n\n(1) when the stated concentration or that allowed by\n\nthe pesticide label is less than fifty-one-\n\nhundredths of one percent (0.51%), the minimum\n\namount of active ingredient in the tank mix shall\n\nbe at least sixty percent (60%) and not more than\n\none hundred fifty percent (150%) of the stated\n\nconcentration or that allowed by the pesticide\n\nlabel when analyzed,\n\n(2) when the stated concentration or that allowed by\n\nthe pesticide label is not less than fifty-one-\n\nhundredths of one percent (0.51%) and not more\n\nthan one percent (1%), the minimum amount of\n\nactive ingredient in the tank mix shall be at\n\nleast seventy percent (70%) and not more than one\n\nhundred forty percent (140%) of the stated\n\nconcentration or that allowed by the pesticide\n\nlabel when analyzed,\n\n(3) when the stated concentration or that allowed by\n\nthe pesticide label is not less than one and one-\n\nhundredths of one percent (1.01%) and not more\n\nthan five percent (5%), the minimum amount of\n\nactive ingredient in the tank mix shall be at\n\nleast eighty percent (80%) and not more than one\n\nhundred forty percent (140%) of the stated\n\nconcentration or that allowed by the pesticide\n\nlabel when analyzed,\n\n(4) when the stated concentration or that allowed by\n\nthe pesticide label is not less than five and\n\none-hundredths of one percent (5.01%) and not\n\nmore than ten percent (10%), the minimum amount\n\nof active ingredient in the tank mix shall be at\n\nleast eighty-four percent (84%) and not more than\n\none hundred thirty percent (130%) of the stated\n\nconcentration or that allowed by the pesticide\n\nlabel when analyzed,\n\n(5) when the stated concentration or that allowed by\n\nthe pesticide label is not less than ten and one-\n\nhundredths of one percent (10.01%) and not more\n\nthan fifty percent (50%), the minimum amount of\n\nactive ingredient in the tank mix shall be at\n\nleast eighty-eight percent (88%) and not more\n\nthan one hundred twenty-five percent (125%) of\n\nthe stated concentration or that allowed by the\n\npesticide label when analyzed, and\nation or that allowed by\n\nthe pesticide label is not less than ten and one-\n\nhundredths of one percent (10.01%) and not more\n\nthan fifty percent (50%), the minimum amount of\n\nactive ingredient in the tank mix shall be at\n\nleast eighty-eight percent (88%) and not more\n\nthan one hundred twenty-five percent (125%) of\n\nthe stated concentration or that allowed by the\n\npesticide label when analyzed, and\n\n(6) when the stated concentration or that allowed by\n\nthe pesticide label is not less than fifty and\n\none-hundredths of one percent (50.01%) and not\n\nmore than one hundred percent (100%), the minimum\n\namount of active ingredient in the tank mix shall\n\nbe at least ninety-two percent (92%) and not more\n\nthan one hundred fifteen percent (115%) of the\n\nstated concentration or that allowed by the\n\npesticide label when analyzed.\n\ne. The State Board of Agriculture may promulgate, by\n\nrule, maximum and minimum concentrations or thresholds\n\nfor the other concentrate of pesticides in products,\n\nor soil residues.\n\nB. If registered by the United States Environmental Protection\n\nAgency, registered in Oklahoma, and used in accordance with all\n\nrequirements as prescribed by the product label, any borate-based\n\npesticide for termite control may be applied as a stand-alone\n\ntermite treatment.\n\nC. Authorized agents of the Board shall have the authority to\n\nissue notices of violation, citations, compliance orders, stop\n\nsales, or stop work orders to those persons committing violations of\n\nthe laws or rules relating to pesticides or pesticide application in\n\nthis state.\n\nD. 1. Examinations of pesticides or devices shall be made\n\nunder the direction of the Board for the purpose of determining if\n\nthere has been compliance with the requirements of this section.\n\n2. If it appears from examination that a pesticide or device\n\nfails to comply with the provisions of this section, and the Board\n\ncontemplates instituting administrative proceedings against any\n\nperson, the Board shall cause notice and an opportunity for a\n\nhearing given to the person pursuant to the Administrative\n\nProcedures Act.\n\nE. 1. Any pesticide or device distributed, sold, or offered\n\nfor sale within this state or delivered for transportation or\n\ntransported in intrastate or interstate commerce may be seized by\n\nthe Oklahoma Department of Agriculture, Food, and Forestry in any\n\ncounty of the state where it may be found and if:\n\na. in the case of a pesticide, it is adulterated or\n\nmisbranded, it has not been registered, it fails to\n\nbear on its label the required information, or it is a\n\nwhite powder pesticide and it is not colored as\n\nrequired, or\n\nb. in the case of a device, it is misbranded.\n\n2. If the pesticide or device is condemned it shall, after\n\nentry of decree or judgment of a district court, be disposed of by\n\ndestruction or sale as the court may direct. If the article is\n\nsold, the proceeds, less court costs, shall be paid to the State\n\nDepartment of Agriculture Revolving Fund.\n\n3. The court shall not order the sale or disposal of a\n\ncondemned pesticide or device in a manner which would be a violation\n\nof this section or rules promulgated thereto.\n\n4. The person or entity directed to dispose or sell the\n\ncondemned pesticide or device shall do so in a manner that complies\n\nwith the order of the district court and this section and rules\n\npromulgated thereto.\n\n5. The court may direct that the pesticide or article be\n\ndelivered to the owner for relabeling or reprocessing.\n\n6. If there is a person who is successful in intervening as\n\nclaimant of the pesticide or device, when a decree of judgment of\n\ncondemnation is entered against the pesticide or device, court\n\ncosts, fees, storage, and other proper expenses shall be awarded\n\nagainst such claimant.\n\nF. The Board may, by publication in a manner as it may\n\nprescribe, give notice of all judgments entered in action,\n\ninstituted under its authority.\ns successful in intervening as\n\nclaimant of the pesticide or device, when a decree of judgment of\n\ncondemnation is entered against the pesticide or device, court\n\ncosts, fees, storage, and other proper expenses shall be awarded\n\nagainst such claimant.\n\nF. The Board may, by publication in a manner as it may\n\nprescribe, give notice of all judgments entered in action,\n\ninstituted under its authority.\n\nG. All authority vested in the Board shall with like force and\n\neffect be executed by its officers, employees, and authorized\n\nagents.\n\nH. EXCEPTION – The fines provided for violations may not apply\n\nto:\n\n1. Any carrier while lawfully engaged in transporting a\n\npesticide within this state, if the carrier permits the Board upon\n\nrequest to copy all records showing the transaction in and movement\n\nof the pesticide and devices involved;\n\n2. Public officials of this state and of the federal government\n\nengaged in the performance of official duties;\n\n3. The manufacturer or shipper of a pesticide or device for\n\nexperimental use only, by or under the supervision of an agency of\n\nthis state or of the federal government authorized by law to conduct\n\nresearch in the field of pesticides or devices, or by others if the\n\npesticide or the device is not sold or if the container is plainly\n\nand conspicuously marked “for experimental use only - not to be\n\nsold”, together with the manufacturer’s name and address, if a\n\nwritten permit has been obtained from the Board. Pesticides or\n\ndevices may be sold for experimental purposes subject to\n\nrestrictions set forth in the permit; and\n\n4. Pesticides and devices intended solely for export to a\n\nforeign country, and prepared or packed according to the\n\nspecifications or directions of the purchaser. If not exported, all\n\nof the provisions of this section shall apply.\n\nI. 1. The Department of Environmental Quality shall have\n\nenvironmental jurisdiction over:\n\na. commercial manufacturers of fertilizers, grain and\n\nfeed products, and chemicals, and over manufacturing\n\nof food and kindred products, tobacco, paper, lumber,\n\nwood, textile mill and other agricultural products,\n\nb. slaughterhouses, but not including feedlots at these\n\nfacilities, and\n\nc. aquaculture and fish hatcheries, including, but not\n\nlimited to, discharges of pollutants and storm water\n\nto waters of the state, surface impoundments and land\n\napplication of wastes and sludge, and other pollution\n\noriginating at these facilities; and\n\n2. Facilities which store grain, feed, seed, fertilizer, and\n\nagricultural chemicals that are required by federal National\n\nPollutant Discharge Elimination System (NPDES) regulations to obtain\n\na permit for storm water discharges shall only be subject to the\n\njurisdiction of the Department of Environmental Quality with respect\n\nto such storm water discharges.\n\nJ. This section shall not prevent any political subdivision\n\nfrom complying with any applicable federal law or regulation. A\n\npolitical subdivision which takes any action prohibited by this\n\ntitle in order to comply with federal requirements shall notify the\n\nBoard of its compliance plan prior to taking any action. The Board\n\nmay assist the political subdivision in complying with federal\n\nrequirements necessary to carry out the policy of this section. The\n\nBoard may permit a political subdivision to impose standards more\n\nstringent than required by the Board if necessary for the political\n\nsubdivision to comply with federal requirements.","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":"8a5424fcb9d6367e063213a3016a9d4ac6001b5eff500d32812f0f7fec540b71","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-3-84","next":"us-ok/okla.-stat.-tit.-2-2-3-86"},"notice":"GroundRules: Original legal text. Not legal advice."}