Oklahoma HB 2207: Agriculture; exempting use or application of carbon monoxide from certain license; effective date.

Bill Text

Req. No. 7669 Page 1 
 
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STATE OF OKLAHOMA 
 
1st Session of the 57th Legislature (2019) 
 
HOUSE BILL 2207 By: Russ 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to agriculture; amending 2 O.S. 2011, 
Section 3-82, as amended by Section 1, Chapter 239, 
O.S.L. 2017 (2 O.S. Supp. 2018, Section 3-82), which 
relates to the Combined Pesticide Law; exempting use 
or application of carbon monoxide from certain 
license; specifying carbon monoxide shall not be 
considered a hazardous material or liberated gas for 
certain purposes; and providing an effective date. 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     2 O.S. 2011, Section 3-82, as 
amended by Section 1, Chapter 239, O.S.L. 2017 (2 O.S. Supp. 2018, 
Section 3-82), is amended to read as follows: 
Section 3-82.  A.  LICENSE REQUIRED - 1.  It shall be unlawful 
for any person to act, operate, or do business or advertise as a 
commercial, noncommercial, certified applicator, temporary certified 
applicator, service technician, or private applicator unless the 
person has obtained a valid applicator's license issued by the State 
Board of Agriculture for the category of pesticide application in 
which the person is engaged. 

 
 
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2.  A license may be issued by the Board in any category of 
pesticide application if the applicant qualifies and the applicant 
is limited to the category of pesticide application named on the 
license.  The Board may establish categories of pesticide 
application as necessary.  Licenses shall be issued upon application 
to the Board on a form prescribed by the Board.  The application 
shall contain information regarding the applicant's qualifications, 
proposed operations, and other information as specified by the 
Board. 
3. a. An aerial license shall not be issued or be valid 
unless the applicant files with the Board a copy of a 
valid document issued by the Federal Aviation 
Administration showing that the person is qualified to 
operate or supervise the operation of an aircraft 
conducting agricultural operations.  Applicants for an 
aerial license and pilots working under a license may 
be subject to a complete and thorough background 
examination. 
b. The Board shall promulgate rules regarding aerial 
applicators and applications consistent with federal 
law and shall solicit the assistance of the Federal 
Aviation Agency in the enforcement of this subsection. 
4.  Each business location shall require a separate license and 
separate certified applicator except that a certified applicator for 

 
 
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a noncommercial business location may also serve as the certified 
applicator for one commercial business location. 
5.  A license shall not be issued for the category of pesticide 
application of any applicant or representative who has a temporary 
certification. 
6.  A fumigation category license shall not be required for the 
use or application of carbon monoxide.  Carbon monoxide shall not be 
considered a hazardous material or liberated gas for purposes of the 
Combined Pesticide Law. 
B.  CERTIFICATION REQUIRED - 1.  A license shall be issued only 
after satisfactory completion of the certification standards by the 
person who shall be the certified applicator under the license.  
Temporary certified applicators do not qualify as the certified 
applicator for a license, nor may they act as a certified 
applicator.  The Board shall deny the application for certification, 
recertification, issuance, or renewal of a certificate or license 
for a failure to show proper qualification under the rules or for 
violations of any provisions of this section.  A certificate in any 
category shall be valid for five (5) years unless suspended, 
canceled, or revoked by the Board or until recertification is 
required for the category, and may be renewed after successful 
completion of recertification requirements.  The Board may require 
certified applicators to be recertified once in a five-year period. 

 
 
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2.  A certified service technician identification shall be 
issued upon application and completion of certification standards 
determined by the Board.  Temporary certified applicators may 
qualify as a certified service technician.  No person shall act, do 
business as, or advertise as a service technician unless the person 
has met all the qualifications and standards as required by the 
Board.  The service technicians' identification shall be issued in 
the name of the licensed entity.  The licensee shall ensure that the 
service technician identification is return