This rule applies to commercial pesticide applicators. The following is the rules as they are written. Click here for the ODAFF website for more details.

(a) The Board shall not issue an applicator’s license until the applicant or agent has furnished evidence of financial responsibility. A liability insurance policy or certification shall protect persons who may suffer legal damages as a result of the pesticide operations of the applicant. The policy need not apply to damages or injury to agricultural crops, plants, or land being worked on by the applicant.

(b) With the exception of aerial pesticide applicators, pesticide applicators obtaining liability insurance pursuant to this section shall file a certificate of insurance with the Department, verifying insurance in an amount of not less than $50,000 bodily injury, $100,000 bodily injury per occurrence, and $50,000 property damage. The provisions of this section with regard to “per occurrence” are specifically intended to be interpreted per occurrence, rather than per claimant. The insurance obtained pursuant to this section shall insure against liability for damage, loss, or injury, including chemical drift or trespass, suffered by any person or persons, resulting from the application of any pesticide. A current certificate of insurance must be filed with each initial and subsequent renewal registration.

(c) Aerial pesticide applicators obtaining liability insurance pursuant to this section shall file a certificate of insurance with the Department, verifying insurance in an amount of not less than $100,000 bodily injury, $300,000 bodily injury per occurrence, and $100,000 property damage. The provisions of this section with regard to “per occurrence” are specifically intended to be interpreted per occurrence, rather than per claimant. The insurance obtained pursuant to this section shall insure against liability for damage, loss, or injury, including chemical drift or trespass, suffered by any person or persons, resulting from the application of any pesticide. A current certificate of insurance must be filed with each initial and subsequent renewal registration.

(d) Liability insurance shall be maintained at all times during the licensed period. The Board shall be notified by the insurer fifteen (15) days prior to any applicant’s request for a reduction or cancellation of the liability insurance. The total and the aggregate of the insurer for all claims shall be limited to the face amount of the liability insurance policy. The Board may accept a liability insurance policy with a deductible clause in an amount not exceeding $5,000 for all applicators. If the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, the deductible clause shall not be accepted by the Board unless the applicant has furnished the Board with additional liability insurance which satisfies the amount of the deductible.

(e) If the furnished liability insurance becomes unsatisfactory, the applicant shall upon notice immediately provide new liability insurance. Upon failure to do so, the Board shall cancel the license and give notice. It shall be unlawful to engage in the business of applying pesticides until the insurance is brought into compliance and the license is reinstated by the Board.

(f) Application of a pesticide specifically excluded on the insurance policy shall be considered working without a license.

[Source: Amended at 17 Ok Reg 1018, eff 5-11-00; Amended at 20 Ok Reg 298, eff 12-5-02 (emergency); Amended at 20 Ok Reg 801, eff 5-12-03; Amended at 24 Ok Reg 1775, eff 6-25-07; Amended at 26 Ok Reg 1821, eff 7-1-09]

SECTION 18 SPECIFIC EXEMPTION FOR THE USE OF REGLONE® DESICCANT AS PREHARVEST TREATMENT ON CANOLA IN THE STATE OF OKLAHOMA

EFFECTIVE: June 17, 2009 through July 1, 2009

REGLONE DESICCANT

EPA FILE SYMBOL NO. 09-OK-07

For Preharvest Desiccation of Canola

The following information was just released by Oklahoma Secretary of Agriculture, Terry Peach. It is important to note that this is a crisis exemption. Normally this means the exemption is good for 15 days but extenuating circumstances may prolong use.

Keep checking back for updates!

Justification for Crisis Determination:

During the 2008 season, Oklahoma submitted an application for the use of Pendamethalin (Prowl H2O) to control sandbur species in Bermuda grass pastures and hay fields in Oklahoma. Before the use season, Oklahoma declared a Crisis to use the product Prowl H20 in order to save thousands of acres of pasture to the noxious grassy weed species of sandbur. The product performed well and was instrumental in saving hay crops on at least 15,000 (fifteen thousand acres). This is the first time in several years that sandbur control was obtained since the product imazapic (Plateau) was withheld from growers and was unavailable for use.

During 2009, growers in south Oklahoma have not been able to use the product because approval came too late in the season. Prowl H20 must be applied before sandburs begin to grow in the spring since it is a pre-emergent herbicide. Once the weed has emerged, it cannot be killed in a grass crop by any product except Pastora. During 2009, the use of Prowl H20 was greatly reduced over what was initially forecast.

The reason being the product was approved so late in the growing season that many thousands of acres did not benefit from this Section 18.

Since it did not rain, Prowl H20 was not applied in many situations. If the application is too late in the season and the field sandbur or the Bermuda grass has emerged or if the Bermuda grass has broken dormancy, the application is lost. This is the case in “all” of Oklahoma now with sandburs actively growing.

If rain does not come or if the sand bur has emerged, then the only way to control them is with a post emergent application of Pastora when the weed is between 1.5 inches tall or at the 3-leaf stage. This treatment is also possible for fields where the grower did not know the weeds were there or growers who did not want to risk an application using Prowl and not knowing if the rain would occur to activate it.

Dr. Paul Baumann, State Weed Specialist of the Texas AgriLife Extension Service at (979) 845-0877, may answer additional questions.

USE DIRECTIONS

This product is a NON-RESTRICTED USE pesticide when used under a Section 18 in Oklahoma.

All restrictions and requirements concerning the proposed use and the qualifications of applicators using Pastora Herbicide (dry flowable granule) [Nicosulfuron (56.2%) + Metsulfuron (15.0%)] are as follows:

All applicable directions, restrictions, and precautions on the EPA label must be followed unless otherwise modified in this authorization document.

Use of this pesticide is authorized to begin on April 17, 2009.

Pastora Herbicide (Nicosulfuron + Metsulfuron) may be applied to improved pastures and hay fields of Bermuda grass grown for forage, hay and grazing in Oklahoma.

Sites to be treated:

Pastures and Bermuda grass hay meadows infested with sand bur.

Method of Application:

Pastora may be applied by ground or air equipment. Refer to the “use directions” for restrictions and application details.

Rate of Application (amount of active ingredient (ai) and product)

Sandbur: For the control of sandbur species, apply Pastora Herbicide at a broadcast rate of 1.0 to 1.5 ounces per acre. This would be 0.035 lb ai Nicosulfuron + 0.009 lb ai Metsulfuron methyl for 1.0 ounce Pastora; or 0.052 lb ai Nicosulfuron + 0.014 lb ai Metsulfuron methyl for 1.5 ounces of Pastora per acre. Do not apply more than 2.5 ounces of Pastora per acre per year or 0.087 lb ai Nicosulfuron and 0.023 lb ai of Metsulfuron methyl of lb. ai per acre per year.

Maximum number of Applications

Do not apply more than 2.5 ounces per acre per crop season. Usually only one application is needed per season; however, since field sand bur can sprout and grow any time during the season, a second application may be necessary.

Total Acreage to be treated:

There are approximately 18.2 million acres of permanent grass pastureland plus an additional 2.8 million acres of improved hay fields that may need treatment (Oklahoma Field office of USDA-NASS 2007 Census and personal communication).

This application assumes that 50% of the growers may need this treatment since it allows growers to wait and see how many acres need treated and where the product is needed. They may need to use it as a rescue treatment where the Prowl H20 treatment was not effective. In this case, 2.5 million acres are needed under this section 18.

Total Amount of Pesticide to be used:

If all 2.5 million acres in Oklahoma were to be treated using the maximum rate of 2.5 ounces per acre per year, a total of 6,250,000 ounces or 390,625 lb. of Pastora would be needed. Since it is almost impossible to quantify how many acres are infested with sandbur, an average is being used to calculate the amount of product and active ingredient needed.

Use Season:

Application should be made when the sandbur is less than 1.5 inches tall and/or across and is actively growing. Make applications to Bermuda grass that is less than 4 inches tall following initial green-up in the spring or after cutting for hay. Tall, dense stands of Bermuda grass can intercept spray and reduce sandbur control. A follow-up application of Pastora may be necessary to control subsequent germination (flushes) of sandbur following the first application.

Sandbur greater than 1.5 inches tall may be suppressed resulting in a reduction in sandbur seed heads. In contrast, sandbur control in areas with thin stands of Bermuda grass may not be satisfactory.

Dr. Paul Baumann has indicated that field sand bur cannot be controlled with any other product once the weed has emerged and after the Bermuda grass has greened up and is growing for the season. This allows Pastora to be used after it is too late for other products to be used. The use season for this product would start in Oklahoma in April and continue into the summer as the weather warms up.

Harvest Season:

Harvest or grazing may begin at any time and continue periodically through the season. There are no grazing or haying restrictions for Pastora for livestock including cattle, horses, sheep, goats, and other animals when Pastora is used as directed.

Section 166.20(a) (3) (VI):

• All applicable restrictions and requirements concerning the proposed use, and the qualifications of applicators using Pastora Herbicide must be followed.

• All applicable directions and precautions on the EPA approved exemption must be followed.

• These ”use directions” must be in the possession of the user at the time of the pesticide application.

• Follow all precautions and restrictions on the labels of all products applied in combination with Pastora Herbicide. Always follow the most restrictive label.

• Pastora shall be applied only by certified applicators or licensed applicators. The licensed applicator must be certified in the category applicable to the application of a pesticide in fields and pastures for weed control.

• Mixers/loaders and applicators must follow the restrictions on the federal label for cleaning and maintaining PPE. If there are no instructions for washables, use detergent and hot water. Wash PPE clothing separate from other laundry.

• Do not apply to newly sprigged or newly planted Bermuda grass. Apply only to established Bermuda grass that is at least one year old.

• Do not allow spray to drift to adjacent crops.

The Oklahoma Department of Agriculture Food and Forestry is responsible for ensuring that all provisions of this exemption are met. ODAFF is also responsible for providing information in accordance with 40 CFR 166.50(b) and will report any adverse effects resulting from the use of this pesticide in connection with this action.

Pastora Herbicide shall be applied only by certified applicators, licensed applicators or by persons under the direct supervision of a licensed applicator. The licensed applicator must be certified in the category applicable to the application of restricted use pesticides in field crops for weed control.

This product must not be used directly adjacent to native habitat where any endangered species occur. An untreated buffer zone of 200 feet is needed adjacent to any habitat where endangered species may occur in the proximity. This is the first year this request has been submitted by Oklahoma.

Agricultural producers in and around Jackson County should register now to attend the Oklahoma Cooperative Extension Service “Pesticide Applications Do’s and Don’ts” workshop scheduled for April 23 in Altus.

The meeting will take place from 8 a.m. to noon at the Southwest Technology Center, located at 711 W. Tamarack Rd. Lunch will be provided to participants at no charge.

There is no cost to attend the workshop. However, participants are asked to pre-register no later than April 17 to help ensure sufficient numbers of meals are on hand. To register, contact the Jackson County Extension Office at 580-482-0823.

It is always a good practice to review proper procedures before applying herbicides, said Jim Criswell, pesticide education coordinator for Oklahoma State University’s Division of Agricultural Sciences and Natural Resources.

“Taking stock of what needs to be done to ensure efficient use of product application increases the likelihood of good control while reducing out-of-pocket expense,” he said.

Workshop topics will include tank cleanout, proper use of nozzles, herbicide recognition, key application cutoff dates for southwestern Oklahoma and management steps that help ensure good weed control.

Sessions will be led by members of the OSU Pesticide Safety Education Program, Jackson County Extension Office and the 2,4-D task force.
–OSU Agriculture Information

SPECIFIC HERBICIDE EXEMPTION GRANTED FOR SANDBUR CONTROL

Oklahoma City—The Environmental Protection Agency has granted a specific exemption to allow Oklahoma producers to use the chemical Prowl H2O to control sandbur infestations in Bermuda grass from now until June 30.

The agency granted the exemption at the request of the Oklahoma Department of Agriculture, Food, and Forestry. This is the second consecutive year this exemption has been made.

Prowl H2O is a selective herbicide for controlling sandbur as it germinates and producers have a very narrow window of opportunity to treat their Bermuda pastures and meadows for this weed.

More information on the use of the product has been posted on the ODAFF website.

The agency has also requested that EPA grant a similar exemption for the herbicide, Pastora, for sandbur control as well. This herbicide has not been exempted at this time.

The Oklahoma Department of Agriculture, Food, and Forestry also say producers should also consider treating pastures for invasive weeds such as musk thistle at this time. 24D type products are effective during this time of year.

A new web service is now available to assist pesticide applicators and dealers determine if they meet new federal guidelines on secondary pesticide container containmentand loading pads.

Our special thanks to ODAFF’s Ellie Ball, Information System’s Specialist, and Dr. Don Molnar, Consumer Protection Services program manager for developing this service.

Here is a link to our website story with more information on the service and here is another that will take you directly to the ODAFF pesticide site.

ODAFF successfully petitioned EPA for an exemption to allow Oklahoma beekeepers to use Hivastan to control the Varroa Mite, a pest that has wiped out many colonies throughout the U.S. The exemption was actually granted this past November. These exemptions are referred to as “Section 18s.”

Section 18’s are used to counter an unusual pest or set of circumstances, the Oklahoma Department of Agriculture requests the Environmental Protection Agency grant Section 18 emergency specific exemptions or a more immediate crisis exemption. This allows use of a new pesticide product or one not approved for a specific crop to stem a problem that often plague Oklahoma growers.

SANDBUR CONTROL
An application package for a section 18 on a DuPont product called Pastora (nicosulfuron + metsulfuron) was assembled in conjunction with Texas Department of Agriculture. Bermuda grass pastures and hay meadows are a significant segment of agriculture in Oklahoma providing high quality forage for grazing and hay production for the cattle and horse industry. Many of these acres are grown on sandy soils which are a perfect habitat for sandbur species. Mature sandburs produce seed heads which in turn cause many problems and economic loss for forage producers, cattlemen and horse owners. The mature sandbur can cause health issues with livestock, reduce forage yields by competing with Bermuda grass and substantially reduce the value of hay, particularly for the high quality horse hay. At this time farmers and ranchers have little or no defense to combat the increasing problem of sandburs contamination on normally highly productive farms. With the continual rise in production costs, it is more important than ever that the livestock and hay producers be efficient in maximizing the quality and quantity of forage produced. Sandburs possess the ability to significantly reduce both of these translating into millions of dollars of lost revenue for the livestock and hay producers.

We are waiting for the EPA to respond on Pastora use to control sandburs.

Any business that sells pesticides is required to obtain a license to sell these products. This program is now being implemented by Consumer Protection Services.

Pesticides are defined as ” … a substance or mixture of substances intended for defoliating or desiccating plants, preventing fruit drop, inhibiting sprouting, or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other forms of plant or animal life or viruses, which the Board declares to be a pest, except viruses on or in humans or animals.” according to Title 2 of the Oklahoma Statutes, Section 3-81(34). Most pesticides will have an EPA registration number on the container.

For your convienence, here is a complete list from the ODAFF website.

If pesticides are sold at your business, please fill out the form and return to the Department with the appropriate application fee. Please note that a separate application fee is required for each location of the business, but each business location can be listed on the same application form.

Every year we have a steady stream of pesticide applicators show up on the last working day of the year because they forgot (or procrastinated) about renewing their licenses.  It doesn’t matter what kind of applicator: Commercial or Non-Commercial, Oklahoma pesticide licenses expire each year on January 1.

Forgetting the deadline means doubling your license fees!  Let it go past February 1 and you get to retest for one of your licensing categories. 

We visited Shalonda Ligons earlier today about the exact requirements and possible penalties.   Her information is contained in this ODAFF press release on pesticide licensing.  Save yourself some money and renew early!