Oklahoma Administrative Code
Title 35 - Oklahoma Department of Agriculture, Food, and Forestry
Chapter 30 - Consumer Protection
Subchapter 17 - Combined Pesticide
Part 8 - PESTICIDE REGISTRATIONS AND PERMITS
Section 35:30-17-17.2 - Cancellation or discontinuance of a pesticide or device registration
Current through Vol. 42, No. 1, September 16, 2024
A pesticide or device shall be considered unregistered upon the cancellation or discontinuance of the pesticide or device registration. The registration of a pesticide or device that has been distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate or interstate commerce shall be cancelled or discontinued using one of the following methods.
(1) The registrant, distributors and dealers of the cancelled or discontinued pesticide or device shall recall the pesticide or device, remove the pesticide or device from the channels of trade, and submit a letter to the Department stating that the pesticide or device has been recalled and that the pesticide or device is not available in channels of trade. The Department may sanction the registrant, distributor or dealer if the unregistered pesticide or device is distributed, sold or offered for sale within this state after the cancellation or discontinuance of the pesticide or device registration.
(2) The registrant may submit a letter to the Department indicating the registrant's intent to cancel or discontinue the registration for the pesticide or device. The registrant shall conditionally maintain the product registration for two (2) years while the pesticide or device clears the channels of trade. During the two year period of conditional registration, the registrant, distributors, and dealers shall place no new cancelled or discontinued pesticides or devices into the channels of trade. The Department shall not sanction the registrant, distributor or dealer if the cancelled or discontinued pesticide or device is distributed, sold or offered for sale within this state after the two year conditional registration period unless the pesticide or device was placed into channels of trade after the registrant notified the Department of its intent to cancel or discontinue the registration of the pesticide or device.
Added at 30 Ok Reg 824, eff 7-1-13