1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 494 By: Howard
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6 AS INTRODUCED
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7 An Act relating to damages; amending 2 O.S. 2021,
7 Section 3-82, which relates to the Combined Pesticide
8 Law; updating reference to certain entity; specifying
8 categories of growing crops or plants eligible for
9 award of damages for certain violations; establishing
9 requirements for calculation of certain actual
10 damages; limiting certain damage awards; providing
10 for codification; and declaring an emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 2 O.S. 2021, Section 3-82, is
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15 amended to read as follows:
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16 Section 3-82. A. LICENSE REQUIRED - 1. It shall be unlawful
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17 for any person to act, operate, or do business or advertise as a
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18 commercial, noncommercial, certified applicator, temporary certified
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19 applicator, service technician, or private applicator unless the
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20 person has obtained a valid applicator’s license issued by the State
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21 Board of Agriculture for the category of pesticide application in
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22 which the person is engaged.
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23 2. A license may be issued by the Board in any category of
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24 pesticide application if the applicant qualifies and the applicant
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 1 is limited to the category of pesticide application named on the
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2 license. The Board may establish categories of pesticide
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3 application as necessary. Licenses shall be issued upon application
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4 to the Board on a form prescribed by the Board. The application
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5 shall contain information regarding the applicant’s qualifications,
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6 proposed operations, and other information as specified by the
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7 Board.
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8 3. a. An aerial license shall not be issued or be valid
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9 unless the applicant files with the Board a copy of a
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10 valid document issued by the Federal Aviation
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11 Administration showing that the person is qualified to
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12 operate or supervise the operation of an aircraft
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13 conducting agricultural operations. Applicants for an
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14 aerial license and pilots working under a license may
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15 be subject to a complete and thorough background
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16 examination.
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17 b. The Board shall promulgate rules regarding aerial
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18 applicators and applications consistent with federal
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19 law and shall solicit the assistance of the Federal
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20 Aviation Agency Administration in the enforcement of
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21 this subsection.
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22 4. Each business location shall require a separate license and
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23 separate certified applicator except that a certified applicator for
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 1 a noncommercial business location may also serve as the certified
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2 applicator for one commercial business location.
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3 5. A license shall not be issued for the category of pesticide
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4 application of any applicant or representative who has a temporary
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5 certification.
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6 B. CERTIFICATION REQUIRED - 1. A license shall be issued only
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7 after satisfactory completion of the certification standards by the
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8 person who shall be the certified applicator under the license.
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9 Temporary certified applicators do not qualify as the certified
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10 applicator for a license, nor may they act as a certified
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11 applicator. The Board shall deny the application for certification,
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12 recertification, issuance, or renewal of a certificate or license
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13 for a failure to show proper qualification under the rules or for
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14 violations of any provisions of this section. A certificate in any
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15 category shall be valid for five (5) years unless suspended,
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16 canceled, or revoked by the Board or until recertification is
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17 required for the category, and may be renewed after successful
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18 completion of recertification requirements. The Board may require
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19 certified applicators to be recertified once in a five-year period.
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20 2. A certified service technician identification shall be
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21 issued upon application and completion of certification standards
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22 determined by the Board. Temporary certified applicators may
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23 qualify as a certified service technician. No person shall act, do
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24 business as, or advertise as a service technician unless the person
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 1 has met all the qualifications and standards as required by the
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2 Board. The service technicians’ identification shall be issued in
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3 the name of the licensed entity. The licensee shall ensure that the
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4 service technician identification is returned to the Board upon
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5 termination of the employee. A service technician identification
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6 shall be valid for a period of five (5) years unless suspended,
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7 canceled, or revoked by the Board, until recertification is required
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8 by the Board, or until the service technician leaves the employ of
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9 the licensed entity. The Oklahoma Department of Agriculture, Food,
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10 and Forestry may issue a service technician identification upon
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11 completion of the following:
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12 a. a determination is made by the Department that the
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13 applicant has successfully completed the written
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14 examination,
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15 b. the licensed entity provides a completed service
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16 technician identification application form at the time
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17 of testing, and
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18 c. all appropriate fees are paid at the time of testing.
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19 3. Each license, except for private applicators, shall expire
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20 on dates established by the Department in administrative rules and
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21 may be renewed for the ensuing calendar year, without penalty or
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22 reexamination, if a properly completed application is filed with the
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23 Board on a date established by the Department. If the application
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24 is not received by the due date, a penalty of twice the amount of
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 1 the renewal fee shall be charged for renewal of the license. If the
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2 application is not received within thirty (30) days following the
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3 due date, an additional one-hundred-dollar penalty shall be paid
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4 prior to license renewal.
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5 All private applicator licenses are in effect for five (5) years
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6 and may be renewed by application after completion of a continuing
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7 education program or written exam approved by the Board.
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8 C. The following fees shall be paid to the Board:
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9 1. A fee of One Hundred Dollars ($100.00) for each category of
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10 pesticide application shall be paid to the Board for the issuance or
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11 renewal of a commercial applicator business license. Not more than
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12 Five Hundred Dollars ($500.00) total category fees shall be charged
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13 annually to any business location of an applicator;
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14 2. A fee of Fifty Dollars ($50.00) shall be paid to the Board
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15 for each written examination conducted by the Board;
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16 3. A fee of Fifty Dollars ($50.00) shall be paid to the Board
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17 for each practical examination conducted by the Board;
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18 4. A fee of Twenty Dollars ($20.00) shall be paid to the Board
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19 for the issuance or renewal of a private applicator’s license;
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20 5. A fee of Fifty Dollars ($50.00) shall be paid to the Board
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21 for the issuance or renewal of a noncommercial business license.
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22 Not more than Two Hundred Fifty Dollars ($250.00) total category
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23 fees shall be charged annually to any noncommercial business
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24 location of an applicator;
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 1 6. A fee of Twenty Dollars ($20.00) shall be paid to the Board
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2 for the issuance or renewal of service technician identification;
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3 7. A fee of Ten Dollars ($10.00) shall be paid to the Board for
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4 the issuance of duplicate licenses or certificates or transfer of
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5 service technician identification;
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6 8. A fee of Fifty Dollars ($50.00) shall be paid to the Board
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7 for each recertification procedure; and
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8 9. A fee of One Hundred Dollars ($100.00) shall be paid to the
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9 Board for each reciprocal certification procedure for applicator
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10 certifications.
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11 D. All fees shall be deposited in the State Department of
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12 Agriculture Revolving Fund.
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13 E. Fees shall be paid to the Board prior to the processing of
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14 any application.
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15 F. Failure to pay any fee identified with licenses, permits,
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16 pesticide registrations, or certification shall require the Board to
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17 deny the application.
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18 G. INSURANCE REQUIRED - 1. The Board shall not issue a
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19 commercial applicator’s license until the applicant has furnished
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20 evidence of an insurance policy or certificate by an insurer or
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21 broker authorized to do business in this state insuring the
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22 commercial applicator and any agents against liability resulting
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23 from the operations of the commercial applicator. The insurance
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 1 shall not be applied to damage or injury to agricultural crops,
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2 plants, or land being worked upon by the commercial applicator.
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3 2. The amount of liability shall not be less than that set by
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4 the Board for each property damage arising out of actual use of any
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5 pesticide. The liability shall be maintained at not less than that
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6 sum at all times during the licensing period. The Board shall be
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7 notified fifteen (15) days prior to any reduction in liability.
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8 3. If the furnished liability becomes unsatisfactory, the
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9 applicant shall immediately execute new liability upon notice from
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10 the Board. If new liability is not immediately obtained, the Board
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11 shall, upon notice, cancel the license. It shall be unlawful for
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12 the person to engage in the business of applying pesticides until
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13 the liability is brought into compliance and the license reinstated.
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14 H. DAMAGES - 1. An award of damages to growing crops or plants
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15 resulting from negligent application or unintentional drift off
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16 target that is a violation of the Combined Pesticide Law shall be
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17 limited to:
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18 a. crops or plants that are insurable under the Federal
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19 Crop Insurance Corporation program, or
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20 b. crops or plants that are directly sold by the producer
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21 to the consumer.
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22 In a civil action arising from damages to growing crops or
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23 plants pursuant to this subsection, an award of actual damages shall
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24 not exceed the amount of compensation a producer has received from
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 1 proven yield from the affected area. If the producer has no proven
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2 yield from the affected area, an award of actual damages shall not
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3 exceed an amount equal to the county average yield for the specific
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4 crop or plant as calculated by the Federal Crop Insurance
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5 Corporation program.
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6 2. Prior to filing an action against an applicator for damages
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7 to growing crops or plants, any person alleging damages to growing
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8 crops or plants shall:
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9 a. within ninety (90) calendar days of the date that the
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10 alleged damages occurred or prior to the time that
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11 twenty-five percent (25%) of the allegedly damaged
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12 crops or plants are harvested, whichever occurs first,
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13 file a written complaint statement with the Department
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14 regarding the alleged damages, and
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15 b. between the date of filing of the written complaint
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16 pursuant to subparagraph a of this paragraph and the
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17 date harvesting or destruction of the allegedly
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18 damaged crops or plants occurs, allow the applicator
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19 and the representatives of the applicator reasonable
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20 access to the property to inspect and take samples of
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21 the allegedly damaged crops or plants during
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22 reasonable hours. The representatives of the
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23 applicator may include, but not be limited to, crop
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24 consultants, bondsmen, and insurers. Nothing in this
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 1 subparagraph shall limit in any way the harvesting or
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2 destruction of the allegedly damaged crops or plants
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3 in the ordinary course of business and practice.
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4 2. 3. Any person failing to comply with paragraph 1 2 of this
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5 subsection shall be barred from filing an action for damages against
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6 the applicator.
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7 I. PERMIT REQUIRED – 1. It shall be unlawful for any person to
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8 sell, offer for sale, or distribute within this state any restricted
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9 use pesticide without first obtaining a restricted use pesticide
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10 dealer’s permit issued by the Board.
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11 2. A permit may be issued by the Board in any category of
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12 pesticide sales if the applicant qualifies under the provisions of
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13 this section and the applicant is limited to the category of
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14 pesticide sales named on the permit. The Board may establish
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15 categories of pesticide sales as necessary.
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16 3. The permit shall be issued only upon application on a form
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17 prescribed by the Board and the application shall contain
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18 information regarding the applicant’s proposed operation and other
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19 information as specified by the Board.
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20 4. Each business location engaged in the sale or distribution
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21 of restricted use pesticides shall require a separate permit.
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22 5. The annual permit fee for a restricted use pesticide dealer
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23 permit shall be Fifty Dollars ($50.00) for each location.
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 1 6. The Board may require a certified applicator to be present
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2 at any location where designated restricted use pesticide sales
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3 occur.
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4 J. PESTICIDE REGISTRATION REQUIRED – 1. Every pesticide or
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5 device distributed, sold, or offered for sale within this state or
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6 delivered for transportation or transported in intrastate or
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7 interstate commerce shall be registered with the Board.
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8 2. The registrant shall file with the Board a statement
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9 including, but not limited to:
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10 a. the name and address of the registrant and the name
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11 and address of the person whose name shall appear on
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12 the label, if other than the registrant,
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13 b. the name of the pesticide or device,
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14 c. a complete copy of the labeling accompanying the
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15 pesticide or device and a statement of all claims to
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16 be made for it, and directions for use, and
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17 d. if requested by the Board, a full description of the
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18 tests made and the results upon which the claims are
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19 based. In renewing a registration, a statement shall
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20 be required only with respect to information which is
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21 different from the information furnished when the
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22 pesticide or device was last registered.
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23 3. Each registrant shall pay to the Board an annual
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24 registration fee of Two Hundred Ten Dollars ($210.00) for each
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