Oklahoma Administrative Code
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
Universal Citation: OK Admin Code 35:30-17-69.2
Current through Vol. 42, No. 1, September 16, 2024
(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.
Added at 27 Ok Reg 2441, eff 7-25-10
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