Okla. Admin. Code § 35:30-17-21
Records required for pesticide applications and restricted use pesticide sales
Effective Aug 11, 202441 Ok Reg, Number 22<i><sup>1</sup>The agency promulgated two permanent amended versions of this Section (35:30-17-21) with the same effective date in 2007. Both versions were published in the 2007 OAC Supplement. The agency later reconciled the two versions through emergency rulemaking on 1-15-08 and permanent rulemaking on 7-1-08.</i>; Added at 17 Ok Reg 1018, eff 5-11-00; Amended at 20 Ok Reg 801, eff 5-12-03; Amended at 21 Ok Reg 751, eff 4-26-04; Amended at 22 Ok Reg 696, eff 5-12-05; Amended at 24 Ok Reg 1773, eff 6-25-07 <sup>1</sup>; Amended at 24 Ok Reg 1775, eff 6-25-07 <sup>1</sup>; Amended at 25 Ok Reg 647, eff 1-15-08 (emergency); Amended at 25 Ok Reg 1050, eff 7-1-08; Amended at 35 Ok Reg 772, eff 9-14-18; Amended at 36 Ok Reg 1363, eff 9-14-19; Amended at 39 Ok Reg 795, eff 9-12-22; Amended at 41 Ok Reg, Number 22, effective 8-11-24Oklahoma Department of Agriculture, Food, and Forestry
(a) Commercial and non-commercial applicators shall keep accurate records pertaining to pesticide activities, which, at a minimum, show:
- (1) Start and stop time of application.
- (2) Total amount of pesticide used.
- (3) Name and address of the commercial or non-commercial company.
- (4) Name, certification number, and certification expiration date of the certified applicator who made or supervised the application and name of the non-certified applicator under direct supervision, if any.
- (5) Name and address of person for whom applied.
- (6) Legal description of the land where applied. The legal description may be a street address if properly marked, but shall not be a Post Office Box address.
- (7) Date of application.
- (8) Application rate.
- (9) Dilution rate for mixing.
- (10) Total quantity tank mix used.
- (11) Complete trade name of pesticide product used.
- (12) EPA registration number of pesticide product used.
- (13) Name of adjuvants used when the label requires specific adjuvants.
- (14) Name of drifting agents used when the label requires specific drifting agents.
- (15) Target pest for the application.
- (16) Site where the pesticide was applied.
- (17) Size of the area treated.
- (18) Restricted Entry Interval as stated on the product label.
- (19) A copy of the pesticide product label or labeling that is attached to the container or included in the shipping case.
- (20) Copies of any contracts issued.
- (21) Copies of any wood infestation reports issued.
- (22) Other information as required by the Board.
(b) Private applicators of restricted use pesticides shall keep accurate records pertaining to applications, which, at a minimum, show:
- (1) Start and stop time of application.
- (2) Total amount of pesticide used.
- (3) Name and address of the private applicator.
- (4) Name, certification number, and certification expiration date of the certified applicator who made or supervised the application and name of the non-certified applicator under direct supervision, if any.
- (5) Legal description of the land where applied. The legal description may be a street address if properly marked, but shall not be a Post Office Box address.
- (6) Date of application.
- (7) Application rate.
- (8) Dilution rate for mixing.
- (9) Total quantity tank mix used.
- (10) Complete trade name of pesticide product used.
- (11) EPA registration number of pesticide product used.
- (12) Name of adjuvants used when the label requires specific adjuvants.
- (13) Name of drifting agents used when the label requires specific drifting agents.
- (14) Target pest for the application.
- (15) Site where the pesticide was applied.
- (16) Size of the area treated.
- (17) Restricted Entry Interval as stated on the product label.
- (18) A copy of the pesticide product label or labeling that is attached to the container or included in the shipping case.
- (19) Other information as required by the Board.
(c) Restricted use pesticide dealers shall keep accurate records of restricted use pesticide sales, which, at a minimum show:
- (1) Complete brand name of the pesticide.
- (2) EPA registration number of the pesticide.
- (3) Date the pesticide was sold.
- (4) Total amount of restricted use pesticide sold.
- (5) Name and address of the residence or principal place of business of any person to whom the restricted use pesticide was distributed or sold for application by a certified applicator.
- (6) Name, address, license or certification number, and certification expiration date, or copy of the applicator's card of a certified or private applicator.
- (7) The category(ies) in which the applicator is certified relevant to the pesticide(s) sold.
- (8) Other information as required by the Board.
- (d) Failure to allow inspection of records by the Board, to provide copies of records to the Board when requested in person, or to provide a summary of records to the Board within seven (7) working days when requested by mail or in person shall be a violation of this section.
- (e) Records retained pursuant to this section shall be easily accessible for inspection by authorized agents of the Board during reasonable business hours.
- (f) Commercial and non-commercial applicators shall maintain records retained pursuant to this section at their principle place of business. A commercial or non-commercial applicator's principle place of business shall not be located in a closed gated community or at a residence unless the applicator submits a plan of access to the principle place of business and that plan is approved by the Board.
- (g) Proof of training for a service technician making termite application shall be recorded by the licensee and available for review by the Department. The training records shall include the following information:
- (1) Name;
- (2) Date of training; and
- (3) Service technician number.
<i><sup>1</sup>The agency promulgated two permanent amended versions of this Section (35:30-17-21) with the same effective date in 2007. Both versions were published in the 2007 OAC Supplement. The agency later reconciled the two versions through emergency rulemaking on 1-15-08 and permanent rulemaking on 7-1-08.</i>
Added at 17 Ok Reg 1018, eff 5-11-00
Amended at 20 Ok Reg 801, eff 5-12-03
Amended at 21 Ok Reg 751, eff 4-26-04
Amended at 22 Ok Reg 696, eff 5-12-05
Amended at 24 Ok Reg 1773, eff 6-25-07 <sup>1</sup>
Amended at 24 Ok Reg 1775, eff 6-25-07 <sup>1</sup>
Amended at 25 Ok Reg 647, eff 1-15-08 (emergency)
Amended at 25 Ok Reg 1050, eff 7-1-08
Amended at 35 Ok Reg 772, eff 9-14-18
Amended at 36 Ok Reg 1363, eff 9-14-19
Amended at 39 Ok Reg 795, eff 9-12-22
Amended at 41 Ok Reg, Number 22, effective 8-11-24