{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-3-86","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-3-86","heading":"Denial, suspension, cancellation, revocation or nonrenewal","body":"of license, certificate or identification – Violations - Penalties.\n\nA. It shall be unlawful for any person, whether or not they\n\nhold a commercial or noncommercial license, to violate any part of\n\nthis subsection or rules promulgated by the State Board of\n\nAgriculture. Any license, certificate, or identification issued may\n\nbe suspended, canceled, revoked, or refused issue or reissue by the\n\nBoard after a notice and an opportunity to be heard has been given\n\nto the holder of the license or certificate. The suspension,\n\ncancellation, revocation, or refusal to issue or reissue any\n\nlicense, certificate, or identification may be made if the Board\n\nfinds:\n\n1. A person has made misrepresentations for the purpose of\n\ndefrauding, or has not satisfactorily performed, without proper\n\ncause, any contract into which the person entered;\n\n2. A person has negligently used methods or pesticides that are\n\nineffective or improper for the purpose for which they have been\n\nemployed;\n\n3. A person has operated in a negligent manner, thereby causing\n\na pesticide to drift off-target;\n\n4. A person has used a pesticide in a manner inconsistent with\n\nits labeling unless prior written approval has been obtained from\n\nthe Board;\n\n5. Failure or refusal to furnish the Board, upon request, true\n\ninformation regarding methods, pesticides, and safety measures used,\n\nwork performed, or other information required by the Board, or for\n\nmaking any false statement or representation in the person's\n\napplication for issuance or renewal of a permit;\n\n6. Any violation of state law or rules or standards prescribed\n\nby the Board;\n\n7. The issuance of an inaccurate, misleading, or fraudulent\n\nwood infestation report;\n\n8. Failure or refusal to keep and maintain complete and\n\naccurate records as specified in this subarticle;\n\n9. Advertising or offering to perform in a category of\n\npesticide application for which no license is held or under a name\n\nfor which no license is held;\n\n10. Failure or refusal to pay by the specified date any fees,\n\nfines, or penalties authorized under this subarticle;\n\n11. Failure to explain in writing in a contract signed by the\n\nproperty owner the ways that a pesticide application fails to comply\n\nwith any minimum requirements or standards authorized by this\n\narticle;\n\n12. Failure to perform work according to minimum standards\n\nauthorized by this subarticle except as agreed by all parties in\n\nwriting in the contract;\n\n13. Falsely stating that a person is employed by or represents\n\nanother person;\n\n14. Falsely stating that a person or methods are recommended by\n\nany branch of government or that any specific work shall be\n\ninspected by any branch of government;\n\n15. Any person to act, operate, do business, or advertise as an\n\napplicator unless the person has obtained a valid license issued by\n\nthe Board for the category in which the person is engaged;\n\n16. Any persons to be employed or represent themselves as\n\ncertified applicators or service technicians unless they have met\n\nthe certification standards prescribed by the Board and obtained\n\nvalid certificates or identifications issued by the Board for the\n\ncategories for which the persons are to be employed or supervised;\n\n17. Any person to act or operate as a private applicator unless\n\nthe person has obtained a valid private applicator license issued by\n\nthe Board;\n\n18. Any person convicted in any court of a violation of this\n\nsubarticle, pesticide laws of any other state, or the Federal\n\nInsecticide Fungicide and Rodenticide Act;\n\n19. Failure to correct substandard work within twenty (20)\n\ncalendar days of written notification unless an extension has been\n\ngranted in writing by the Board;\n\n20. Failure to comply with the Worker Protection Standard as\n\ndefined in the Code of Federal Regulations 40 CFR 170;\n\n21. Failure to comply with the provisions of a citation, stop\n\nwork order, or stop sale order issued by the Board; or\n;\n\n19. Failure to correct substandard work within twenty (20)\n\ncalendar days of written notification unless an extension has been\n\ngranted in writing by the Board;\n\n20. Failure to comply with the Worker Protection Standard as\n\ndefined in the Code of Federal Regulations 40 CFR 170;\n\n21. Failure to comply with the provisions of a citation, stop\n\nwork order, or stop sale order issued by the Board; or\n\n22. Any other proper cause.\n\nB. Any person, holder or nonholder of a valid license violating\n\nany of the provisions of this subarticle shall be guilty of a\n\nmisdemeanor and shall be punishable by a fine of not less than One\n\nHundred Dollars ($100.00) and not more than Ten Thousand Dollars\n\n($10,000.00), imprisonment in the county jail for not less than\n\nthirty (30) days and not more than one (1) year, or both.\n\nC. It shall be unlawful for any person, whether or not a person\n\nholds a permit as a manufacturer, registrant, or distributor, to\n\ndistribute, sell, or offer for sale within this state, deliver for\n\ntransportation or transport in intrastate or interstate commerce, or\n\nto violate any part of this subarticle or rules promulgated by the\n\nBoard. Any pesticide registration, permit, certificate, or\n\nidentification issued may be suspended, canceled, revoked, or\n\nrefused reissue by the Board after a notice and opportunity to be\n\nheard has been given to the holder of the registration, permit,\n\ncertificate, or identification. Notice shall be given to the holder\n\nof the registration, permit, certificate, or identification by\n\nregistered or certified mail at least ten (10) days prior to the\n\ndate of hearing. The suspension, cancellation, revocation, or\n\nrefusal to reissue any registration, permit, certificate or\n\nidentification may be made if the Board finds that:\n\n1. A pesticide or device which has not been registered pursuant\n\nto the provisions of this subarticle, or any of the claims made for\n\nit or any of the directions for its use differ in substance from the\n\nrepresentations made in connection with its registration, or if the\n\ncomposition differs from its composition as represented in\n\nconnection with its registration. At the discretion of the Board, a\n\nchange in the labeling or formula may be made within a registration\n\nperiod without requiring reregistration of the product;\n\n2. A pesticide unless it is in the registrant’s or the\n\nmanufacturer’s unbroken original container, does not have a clear\n\nand readable label affixed to the original container and to the\n\noutside container or wrapper of the retail package, the following\n\ninformation:\n\na. the name and address of the manufacturer, registrant,\n\nor person for whom manufactured,\n\nb. the name, brand, or trademark under which the article\n\nis sold, and\n\nc. the net weights or measures of the content subject to\n\nreasonable variations as the Board shall permit;\n\n3. In addition to any other requirement any pesticide\n\ncontaining a substance in quantities highly toxic to humans, that\n\ndoes not bear a label containing:\n\na. the skull and crossbones,\n\nb. the word “DANGER” prominently in red, on a background\n\nof distinctly contrasting color, and\n\nc. a statement of an antidote for the pesticide;\n\n4. An adulterated or misbranded pesticide or device;\n\n5. That any person intends to or has distributed, sold, stored,\n\nor used any pesticide or device in a manner inconsistent with its\n\nlabeling;\n\n6. That any person has sold or offered for sale any pesticide\n\nor device which has been canceled, suspended, or placed under stop\n\nsale except when the Board directs the sale of unused quantities of\n\npesticides whose registrations have been canceled or suspended;\n\n7. A pesticide dealer has sold, offered for sale, or\n\ndistributed within this state any pesticide without first obtaining\n\na valid pesticide dealer's permit in the appropriate category issued\n\nby the Board;\n\n8. A pesticide dealer has failed or refused to keep accurate\nle except when the Board directs the sale of unused quantities of\n\npesticides whose registrations have been canceled or suspended;\n\n7. A pesticide dealer has sold, offered for sale, or\n\ndistributed within this state any pesticide without first obtaining\n\na valid pesticide dealer's permit in the appropriate category issued\n\nby the Board;\n\n8. A pesticide dealer has failed or refused to keep accurate\n\nand complete records, as required by the Board, for a period of at\n\nleast two (2) years at each business location;\n\n9. A pesticide dealer has failed or refused to provide true and\n\ncomplete information to the Board, upon request, regarding pesticide\n\nsales, or other information required by the Board;\n\n10. A person has made any false statement or representation in\n\nthe person’s application for issuance or renewal of a permit;\n\n11. A person has failed or refused to pay by the specified date\n\nany fees, fines, or penalties authorized under the Oklahoma\n\nAgricultural Code;\n\n12. A person has failed to comply with the provisions of a\n\ncitation, stop work order, or stop sale order issued by the Board;\n\n13. A person has detached, altered, defaced, or destroyed, in\n\nwhole or in part, any label or labeling provided for in this\n\nsubarticle or in rules promulgated by the Board, and added any\n\nsubstance to or taken any substance from a pesticide in a manner\n\nthat may defeat any of the purposes of this subarticle;\n\n14. A person has used any information concerning formulas for\n\nproducts acquired by authority of this subarticle for personal\n\nadvantage or revealed such information to another, other than to the\n\nBoard or proper officials or employees of the state, to the courts\n\nof this state in response to a subpoena, physicians, or in\n\nemergencies to pharmacists and other qualified person, for use in\n\nthe preparation of antidotes;\n\n15. A person has violated the state law or rules promulgated by\n\nthe Board pursuant thereto;\n\n16. Any person has been convicted in any court of a violation\n\nof this act, pesticide laws of any other state, or Federal\n\nInsecticide Fungicide and Rodenticide Act; or\n\n17. A person determined by the Board to have violated any\n\nprovision of this subarticle or rules promulgated by the Board.\n\nD. If after notice and an opportunity for hearing in accordance\n\nwith the Administrative Procedures Act, the Board finds any person\n\nto be in violation of any of the provisions of this subarticle or\n\nrules promulgated by the Board, the Board has the authority to\n\nassess an administrative penalty of not less than One Hundred\n\nDollars ($100.00) and not more than Ten Thousand Dollars\n\n($10,000.00) for each violation. It shall also be unlawful and a\n\nmisdemeanor for any person, whether or not a commercial or\n\nnoncommercial license holder, to use a pesticide in a manner\n\ninconsistent with its labeling unless prior written approval has\n\nbeen obtained by the Board.\n\nE. Except as provided for by law, any person, holder or non-\n\nholder of a valid license, registration, permit, certificate, or\n\nother identification issued by the Board violating any of the\n\nprovisions of this subarticle shall be guilty of a misdemeanor and\n\nshall be punishable by a fine of not less than One Hundred Dollars\n\n($100.00) and not more than Ten Thousand Dollars ($10,000.00) or by\n\nimprisonment in the county jail for not less than thirty (30) days\n\nand not more than one (1) year, or both.","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":"db5ff54689cc003b2da08cb59d3cd2a0172350b1fba3c4b5ccfc8d23e8eeefb2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-3-85","next":"us-ok/okla.-stat.-tit.-2-2-3001"},"notice":"GroundRules: Original legal text. Not legal advice."}