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 Oklahoma Administrative Code (Last Updated: March 11, 2021)
 TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
 Chapter 30. Consumer Protection
 Subchapter 17. Combined Pesticide
 Part 15. MINIMUM STANDARDS FOR TERMITE WORK FOR EXISTING STRUCTURES

  SECTION 35:30-17-69.2. Exceptions to minimum standards

Latest version.
  • (a)   Exceptions to minimum standards for a complete treatment shall include the following:
    (1)   The property owner agrees with the written explanation in the contract as to why the standard was not performed. Sections 35:30-17-66 and 35:30-17-69 shall in no case be written out of the contract; and
    (2)   The termiticide label specifically allows for a variation and the variation is stated in the contract.
    (b)   Exceptions to minimum standards for a spot or partial treatment shall include the following:
    (1)   The property owner agrees with the written explanation in the contract as to why the standard is not performed, or the termiticide label specifically allows for a variation and the variation is stated in the contract. Sections 35:30-17-66 and 35:30-17-69 shall in no case be written out of the contract.
    (2)   The contract shall include the statement, "This is a SPOT/PARTIAL treatment," or otherwise clearly convey that the treatment is not a complete termite treatment.
    (3)   The contract shall specifically identify the exact location where the spot treatment is performed and the treatment shall meet all minimum standards for the specific location identified. The identified spot treatment location shall be at least three feet (3') in two (2) or more directions but shall not be equal to the entire structure.
    (4)   The contract shall not contain any misrepresentations or false claims regarding the effectiveness of a spot or partial treatment.
    (c)   The Board of Agriculture may grant an exception to existing rules or minimum standards if:
    (1)   The registered pesticide allows for the use or application method that is currently prohibited under rule or minimum standards; and
    (2)   The manufacturer provides verifiable research data to the Board concerning the efficacy of the chemical or methodology.
[Source: Added at 27 Ok Reg 2441, eff 7-25-10; Amended at 33 Ok Reg 1170, eff 9-11-16; Added at 34 Ok Reg 813, eff 9-11-17; Amended at 37 Ok Reg 971, eff 9-14-20]