Oklahoma § 2-4020 - Approval required by Contingency Review Board for proposed lease and operations

Full text of Oklahoma Oklahoma Statutes § 2-4020 — Approval required by Contingency Review Board for proposed lease and operations, with citation guidance and answers to common questions.

§ 2-4020. Approval required by Contingency Review Board for proposed lease and operations

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Oklahoma Statutes - Title 2. Agriculture

§2-1-1. Short title.

This act shall be known as the Oklahoma Agricultural Code.

Laws 1970, c. 260, § 19, emerg. eff. April 22, 1970. EC=1>

§2-1-2. State Department of Agriculture - Establishment Composition.

The State Department of Agriculture shall consist of the State

Board of Agriculture, the divisions, and other positions and offices

as established by law and by the Board.

Added by Laws 1955, p. 1, art. 1, § 1, emerg. eff. June 3, 1955.

Amended by Laws 2000, c. 243, § 1, emerg. eff. May 24, 2000.

§2-1-3. Definitions.

For the purposes of the Oklahoma Agricultural Code, unless the

context indicates otherwise:

1. "Authorized agent" means a person who has been authorized by

the State Board of Agriculture to act on behalf of the Board in

making investigations, inspections, performing other services, or

doing any particular act or acts which have been vested by the

Oklahoma Agricultural Code in the Board. A written or printed

commission signed by the President of the Board shall be proof that

the holder has lawful authority to act on behalf of the Board in

implementing the Oklahoma Agricultural Code;

2. "Beef" means the flesh of a bovine animal;

3. "Beef product" means the edible products produced in whole

or in part from beef, excluding milk and milk products;

4. "Board" means the State Board of Agriculture;

5. "Code" means the Oklahoma Agricultural Code;

6. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry and its employees, officers, and divisions.

Whenever the name "Department of Agriculture" appears in any law,

contract or other document, it shall be deemed to refer to the

Oklahoma Department of Agriculture, Food, and Forestry;

7. "Director" means the Director of a division established in

the Oklahoma Department of Agriculture, Food, and Forestry;

8. "License" means a written document issued by the Board

granting authority to a person to engage in a business, occupation,

or activity;

9. "Livestock" or "animals" means any cattle, bison, horses,

sheep, goats, asses, mules, swine, domesticated rabbits, and

chickens, turkeys, and other domesticated fowl, and any animal or

bird in captivity;

10. "Official identification" means any official method of

identification approved by USDA, as described by 9 C.F.R. § 86.1, or

Oklahoma Statutes - Title 2. Agriculture

the State Veterinarian. Official identification for specific

species may be further defined within the applicable section of the

Oklahoma Administrative Code. Backtags shall not be considered

official identification unless the animal is shipped directly to

slaughter. The term "official ear tag" is synonymous with "official

identification";

11. "Permit" means a written document issued by the Board

giving consent for a person to engage in an activity;

12. "Person" means the state, any municipality, political

subdivision, institution, individual, public or private corporation,

partnership, association, firm, company, public trust, joint-stock

company, trust, estate, state or federal agency, other governmental

entity, or any other legal entity or an agent, employee,

representative, assignee or successor thereof;

13. "Pork" means the flesh of a porcine animal;

14. "Pork products" means a product or byproduct produced in

whole or in part from pork;

15. "President" means the President of the State Board of

Agriculture. The President of the State Board of Agriculture shall

also be designated as the Commissioner of Agriculture;

16. "Producer" means any person planting, raising, growing, or

harvesting agricultural products;

17. "Quarantine" means a written document issued by the Board

to restrict the movement of animals, birds, plants, or agricultural

commodities into or out of a specified area for the control or

prevention of diseases or pests; and

18. "Stop sale order" or "stop use order" means a written or

printed order signed by the President or authorized agent of the

Board, prohibiting the sale, offering for sale, exposure for sale,

or use of any agricultural product, article, device, service, or

commodity covered by the Oklahoma Agricultural Code.

Added by Laws 1955, p. 1, art. 1, § 3, emerg. eff. June 3, 1955.

Amended by Laws 1965, c. 177, § 1; Laws 1972, c. 89, § 1, emerg.

eff. March 28, 1972; Laws 1992, c. 296, § 1, emerg. eff. May 26,

1992; Laws 1996, c. 138, § 1, emerg. eff. May 1, 1996; Laws 2000, c.

243, § 2, emerg. eff. May 24, 2000; Laws 2002, c. 173, § 2, emerg.

eff. May 6, 2002; Laws 2003, c. 3, § 1, emerg. eff. March 19, 2003;

Laws 2005, c. 292, § 1, eff. July 1, 2005; Laws 2019, c. 173, § 1,

eff. Nov. 1, 2019; Laws 2020, c. 53, § 1, eff. Nov. 1, 2020.

NOTE: Laws 2002, c. 187, § 1 repealed by Laws 2003, c. 3, § 2,

emerg. eff. March 19, 2003.

§2-1-4.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-2-1.

Membership - Appointment and qualifications - Vacancies.

Oklahoma Statutes - Title 2. Agriculture

A. 1. The State Board of Agriculture shall be the Board of

Agriculture created by Section 31 of Article VI of the Oklahoma

Constitution. The Board shall consist of five (5) members appointed

by the Governor, with the advice and consent of the Senate. Four of

such members shall be appointed from within and represent the

agricultural district established by subsection B of this section.

One member shall be appointed from the state at large.

2. The members shall be farmers who have:

a.

at least five (5) years practical experience during

the ten (10) years immediately preceding their

appointment, and

b.

lived on and operated a farm after reaching the age of

twenty-one (21) years.

B. For the purpose of appointments to the Board, four

agricultural districts are hereby created and shall consist of the

following counties:

DISTRICT

COUNTIES

NO.

1.........Atoka, Bryan, Choctaw, Coal, Haskell, Hughes, Johnston,

Latimer, LeFlore, Marshall, McCurtain, McIntosh, Muskogee,

Okfuskee, Okmulgee, Pittsburg, Pontotoc, Pottawatomie,

Pushmataha, Seminole and Sequoyah.

2.........Adair, Cherokee, Craig, Creek, Delaware, Kay, Lincoln,

Logan, Mayes, Noble, Nowata, Oklahoma, Osage, Ottawa,

Pawnee, Payne, Rogers, Tulsa, Wagoner and Washington.

3.........Alfalfa, Beaver, Blaine, Cimarron, Custer, Dewey, Ellis,

Garfield, Grant, Harper, Kingfisher, Major, Roger Mills,

Texas, Woods and Woodward.

4.........Beckham, Caddo, Canadian, Carter, Cleveland, Comanche,

Cotton, Garvin, Grady, Greer, Harmon, Jackson, Jefferson,

Kiowa, Love, McClain, Murray, Stephens, Tillman and

Washita.

C. One member of the Board shall be appointed from each

district.

D. 1. On the effective date of this act, each district

established by subsection B of this section shall be represented by

the current board member position as follows:

a.

the board member position currently representing

District 5 shall represent the new District 1,

b.

the board member position currently representing

District 2 shall represent the new District 2,

c.

the board member position currently representing

District 1 shall represent the new District 3, and

d.

the board member position currently representing

District 4 shall represent the new District 4.

2. The board member position currently serving District 3 shall

be terminated.

Oklahoma Statutes - Title 2. Agriculture

3. Except as otherwise provided in this subsection, all board

members serving on the effective date of this act shall serve the

remainder of the term of office to which the board member was

originally appointed. Thereafter, successor board members shall be

appointed for terms of four (4) years. The at-large member shall

serve a term coterminous with that of the Governor.

4. In case of vacancy caused by the removal, death,

resignation, or disability of any member, the Governor shall appoint

a new member from the same district for which a vacancy was vacated

to serve for the unexpired term.

Added by Laws 1955, p. 2, art. 2, § 1, emerg. eff. June 3, 1955.

Amended by Laws 1965, c. 480, § 1, emerg. eff. July 14, 1965; Laws

2000, c. 243, § 3, emerg. eff. May 24, 2000; Laws 2003, c. 242, § 8,

emerg. eff. May 23, 2003.

§2-2-2. Compensation - Meetings.

Members of the State Board of Agriculture shall receive actual

expenses of travel pursuant to the State Travel Reimbursement Act.

The Board shall meet a minimum of eight (8) times per year in

regular session but not more than six (6) days in any calendar

month. Special meetings of the Board may be held at the time and

place as set by the President or at the time and place petitioned

for by three members of the Board.

Added by Laws 1955, p. 2, art. 2, § 2, emerg. eff. June 3, 1955.

Amended by Laws 1977, c. 241, § 1; Laws 1985, c. 178, § 1, operative

July 1, 1985; Laws 2000, c. 243, § 4, emerg. eff. May 24, 2000; Laws

2012, c. 7, § 1, emerg. eff. April 2, 2012.

NOTE: Laws 2012, c. 133, § 1 repealed by Laws 2013, c. 15, § 1,

emerg. eff. April 8, 2013.

§2-2-3. Officers.

A. The at-large member appointed by the Governor, pursuant to

Section 2-1 of this title, shall be the President of the State Board

of Agriculture and shall serve at the pleasure of the Governor.

B. The President shall be the executive officer of the Board

and, in the absence of the Board, shall, subject to approval of the

Board, perform all of the duties imposed by law.

C. The Board shall elect a Secretary who shall not be a member

of the Board. The Board shall fix the duties of the person

appointed.

Added by Laws 1955, p. 2, art. 2, § 3, emerg. eff. June 3, 1955.

Amended by Laws 2000, c. 243, § 5, emerg. eff. May 24, 2000; Laws

2003, c. 242, § 9, emerg. eff. May 23, 2003.

§2-2-4. Powers of Board.

A. The State Board of Agriculture shall have the power to:

Oklahoma Statutes - Title 2. Agriculture

1. Adopt and prescribe the use of a seal, which shall be in the

custody of the Secretary of the Board;

2. Promulgate rules necessary, expedient, or appropriate to the

performance, enforcement, or carrying out of any of the purposes,

objectives, or provisions of the Oklahoma Agricultural Code;

3. Initiate and prosecute administrative, civil, or criminal

actions and proceedings necessary under the Oklahoma Agricultural

Code;

4. Appoint authorized agents to make inspections or

investigations and to perform other services for the Board or any

division of the Oklahoma Department of Agriculture, Food, and

Forestry;

5. Consolidate any of the divisions established by the Oklahoma

Agricultural Code, transfer any of the functions or activities to

another division, place additional functions or activities in a

division, establish new divisions, and create new or additional

positions in the Department, when conducive to a more efficient

administration and enforcement of laws pertaining to agriculture;

6. Sell, exchange, or dispose of property;

7. Have jurisdiction over all matters affecting animal

industry, animal health, and animal quarantine;

8. Issue stop-sale and stop-use orders and quarantines;

9. Employ, appoint, or contract and fix the duties and

compensation of the director of each division of the Department and

other personnel, either on a full-time, part-time, or contractual

basis, as deemed necessary by the Board;

10. Fix the qualifications of the personnel in the Department;

11. Accept and use grants of money and other property from any

source;

12. Advise, consult, cooperate, and enter into agreements or

contracts with persons as defined in the Oklahoma Agricultural Code;

13. Coordinate with the federal government and other states on

matters pertaining to agriculture;

14. Revoke, suspend, or deny for up to one (1) year, any

license, permit, or charter issued by the Board if the Board finds

any violations of the Oklahoma Agricultural Code or any rule of the

Board;

15. Adopt a master plan and promulgate rules for the protection

of state-owned and private forestry, grazing, and other lands from

damage by fire and for suppressing fires on lands. In carrying out

the master plan the Board is authorized to enter into contractual

agreements with the federal government, local political subdivisions

of the state, individuals, private organizations, companies, and

corporations for protection and for the suppression of fires and to

expend funds as available for these services. To effectuate the

purposes of the Oklahoma Agricultural Code, the Board is authorized

to enter into contractual agreements with private landowners for the

Oklahoma Statutes - Title 2. Agriculture

protection and suppression of fires, provided that the private

landowners reimburse the Board for actual expenses incurred in the

protection and suppression of fires on privately owned lands;

16. Have jurisdiction over all matters affecting agriculture as

contained and set out in the Oklahoma Agricultural Code, which have

not been expressly delegated to another state or federal agency and

be responsible for fully implementing and enforcing the laws and

rules within its jurisdictional areas of environmental

responsibility.

a.

The Department of Environmental Quality shall have

environmental jurisdiction over:

(1) commercial manufacturers of fertilizers, grain

and feed products, and chemicals, and over

manufacturing of food and kindred products,

tobacco, paper, lumber, wood, textile mill, and

other agricultural products,

(2) slaughterhouses, but not including feedlots at

these facilities, and

(3) aquaculture and fish hatcheries, including, but

not limited to, discharges of pollutants and

storm water to waters of the state, surface

impoundments and land application of wastes and

sludge, and other pollution originating at these

facilities.

b.

Facilities storing grain, feed, seed, fertilizer, and

agricultural chemicals that are required by federal

National Pollutant Discharge Elimination System

(NPDES) regulations to obtain a permit for storm water

discharges shall only be subject to the jurisdiction

of the Department of Environmental Quality with

respect to storm water discharges;

17. Have jurisdiction over all matters affecting the

importation, health, and quarantining of exotic livestock;

18. Prescribe forms of application, certification, licenses,

charters, and other forms and blanks as may be necessary to carry

out the provisions of the Oklahoma Agricultural Code;

19. Stagger throughout the year the renewal dates for any

licenses or permits issued by the Department pursuant to the

provisions of the Oklahoma Agricultural Code by notifying licensees

in writing of the expiration and renewal date being assigned to the

licensee and permittee and by making an appropriate adjustment in

the fee charged for the license or permit;

20. Establish and collect fees for licenses, permits, charters,

and services provided. The fees shall be promulgated in accordance

with the Administrative Procedures Act and shall be fair and

equitable to all parties concerned;

Oklahoma Statutes - Title 2. Agriculture

21. Establish planting and harvesting seasons for the purpose

of meeting the maximum driving and on-duty time exemptions set forth

in the National Highway System Designation Act of 1995. The Board

shall notify the United States Secretary of Transportation of the

seasons;

22. Fix and adopt official standards for grading and

classifying any agricultural commodity, meat, or meat product

prepared, produced, or distributed in Oklahoma;

23. Promulgate rules, make investigations, and conduct hearings

for the purpose of making inspection compulsory on any agricultural

commodity and designate the shipping points where compulsory

inspection applies;

24. Inspect agricultural commodities, at any time, upon request

of any financially interested party or when necessary and to issue

certificates showing the quality and condition of the commodities at

the time of the inspection;

25. Grade meat or meat products upon the request of any packing

plant in Oklahoma. The packing plant shall be required to pay the

cost of services, including the compensation and expenses of

personnel employed to perform the actual grading;

26. Apply to the district court for a temporary or permanent

injunction or any other remedy restraining any person from violating

the Oklahoma Agricultural Code;

27. Extend and implement the powers and provisions granted by

the Oklahoma Agricultural Code to all programs administered by the

Department regardless of whether the statutes creating the program

are codified in this title;

28. Increase its efforts to ensure the safety and quality of

food and food products for wholesalers and retail sales in this

state and shall include, but not be limited to, inspections of

retailers and wholesalers to ensure compliance with all federal and

state certification standards;

29. Exercise all incidental powers which are necessary and

proper to implement and administer the purposes of the Oklahoma

Agricultural Code;

30. Accept upon behalf of the Department any gift or donation

of property, including but not limited to monetary gifts;

31. Promulgate rules regarding prescribed burning and smoke

management;

32. Enter into written leases or lease-purchase agreements to

acquire equipment, furnishings, supplies and other items necessary

for the operation of the Oklahoma Department of Agriculture, Food,

and Forestry Agriculture Laboratory;

33. Exercise all incidental powers and promulgate rules,

procedures and forms which are necessary and proper to implement,

administer and enforce the Oklahoma Scrap Metal Dealers Act;

Oklahoma Statutes - Title 2. Agriculture

34. Promulgate rules to ensure state control of any federal

program relating to on-farm fruit and vegetable production

inspections and regulation;

35. Develop a pollinator protection plan to promote the health

of and mitigate the risks to honeybees and other managed

pollinators;

36. Issue certificates of free sale for any products or items

within the jurisdiction of the Oklahoma Department of Agriculture,

Food, and Forestry; and

37. Prepare, in consultation with the Governor and the Attorney

General, any necessary plans, reports or other documents for

submission to the United States Department of Agriculture for

approval of the Oklahoma Industrial Hemp Program.

B. 1. If upon inspection or investigation, or whenever the

Oklahoma Department of Agriculture, Food, and Forestry determines

that there are reasonable grounds to believe that any person is in

violation of any part of the Oklahoma Environmental Quality Code

which is the responsibility and jurisdiction of the Oklahoma

Department of Agriculture, Food, and Forestry, any rule promulgated

by the State Board of Agriculture, or of any order, permit,

certificate, registration, charter, or license issued by the Board,

the Department may give written notice to the alleged violator of

the specific violation and of the alleged violator's duty to correct

the violation immediately or within a set time period or both and

that the failure to do so shall result in administrative fines or

penalties.

2. Whenever the Department finds that an emergency exists

requiring immediate action to protect the public health, welfare, or

the environment, the President of the State Board of Agriculture may

without notice or hearing issue an order, effective upon issuance,

reciting the existence of an emergency and requiring that action be

taken as specified in the order to meet the emergency. Any person

to whom an order is directed shall comply immediately but may

request an administrative enforcement hearing within fifteen (15)

days after the order is served. The hearing shall be held by the

Department within ten (10) days after receipt of the request. On

the basis of the hearing record, the President of the Board shall

sustain or modify the original order.

Added by Laws 1955, p. 2, art. 2, § 4, emerg. eff. June 3, 1955.

Amended by Laws 1965, c. 389, § 1; Laws 1967, c. 253, § 1, emerg.

eff. May 8, 1967; Laws 1993, c. 145, § 246, eff. July 1, 1993; Laws

1993, c. 324, § 43, eff. July 1, 1993; Laws 1994, c. 140, § 25, eff.

Sept. 1, 1994; Laws 1996, c. 7, § 1, emerg. eff. March 19, 1996;

Laws 1999, c. 413, § 10, eff. Nov. 1, 1999; Laws 2000, c. 243, § 6,

emerg. eff. May 24, 2000; Laws 2001, c. 430, § 2, eff. Nov. 1, 2001;

Laws 2002, c. 173, § 3, emerg. eff. May 6, 2002; Laws 2004, c. 100,

§ 1, eff. July 1, 2004; Laws 2007, c. 157, § 1, eff. Nov. 1, 2007;

Oklahoma Statutes - Title 2. Agriculture

Laws 2008, c. 368, § 3, eff. July 1, 2008; Laws 2013, c. 230, § 1,

eff. Nov. 1, 2013; Laws 2014, c. 25, § 1, eff. Nov. 1, 2014; Laws

2015, c. 20, § 1, eff. Nov. 1, 2015; Laws 2018, c. 199, § 1, eff.

Nov. 1, 2018; Laws 2019, c. 91, § 1, emerg. eff. April 18, 2019.

§2-2-4a.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-2-4b. Reciprocal agreements.

A. The Commissioner of the State Department of Agriculture may

enter into reciprocal agreements with:

1. A state agriculture agency or corresponding agency of

another state, or with the person, board, officer, or commission

authorized to act on behalf of that department or agency having

jurisdiction affecting the importation, health, inspection,

investigation, control, prevention, and eradication of contagious

and infectious diseases of livestock; and

2. Another state or with the person, board, officer, or

commission authorized to act on behalf of the other state relating

to theft of livestock and to farming equipment and farm implements.

B. The Commissioner of the State Department of Agriculture

shall, upon the written request of a state agriculture agency or

other corresponding agency of any other state or of any person,

board, officer, or commission of the state authorized to act for and

on behalf of such department or corresponding agency, maintain

actions in the courts of this state upon judgments and demands

arising in the other state in the same manner and to the same extent

that the actions by the Commissioner are authorized when arising in

this state; provided, however, that the actions may be commenced and

maintained only in those cases where the other state by appropriate

legislation or by reciprocal agreement extends a like policy or

approach to cases arising in the state.

Added by Laws 2001, c. 430, § 1, eff. Nov. 1, 2001.

§2-2-4c. Livestock policy implementation – Restriction on local

orders, ordinances, and regulations.

A. Except as may otherwise be provided by law, the Oklahoma

Department of Agriculture, Food, and Forestry shall be the state

entity empowered to implement the policy of the state regarding the

care and handling of livestock in this state.

B. No municipality, county, or other political subdivision of

this state shall enact or enforce any order, ordinance, or

regulation concerning the care and handling of livestock within its

jurisdiction that is more restrictive than rules promulgated by the

Oklahoma Department of Agriculture, Food, and Forestry concerning

the care and handling of livestock or Section 1685 of Title 21 of

the Oklahoma Statutes. Ordinances or regulations by municipalities

Oklahoma Statutes - Title 2. Agriculture

pertaining to land use or to human health or safety shall not be

considered to constitute livestock care and handling.

C. Except as otherwise provided by law as of the effective date

of this act, standards for erection, installation, and use of

structures and equipment used for care and handling of livestock,

poultry facilities, and planting of agricultural crops, except

medical marijuana, shall only be subject to regulation by the

Oklahoma Department of Agriculture, Food, and Forestry. This

subsection shall only apply to all entities who purport to regulate

the erection, installation, and use of structures and equipment for

care and handling of livestock, poultry, and planting of

agricultural crops, except medical marijuana, in unincorporated

areas.

Added by Laws 2009, c. 180, § 1, emerg. eff. May 12, 2009. Amended

by Laws 2022, c. 284, § 1, eff. Nov. 1, 2022.

§2-2-4d. Temporary employees.

A. For the purposes of the State Board of Agriculture, seasonal

employees employed by the Oklahoma Department of Agriculture, Food,

and Forestry who work less than nine hundred ninety-nine (999) hours

in a twelve-month period shall be considered temporary employees and

shall be unclassified. The Department may employ seasonal employees

throughout the calendar year.

B. The Department, in its annual budget request, shall include

a summary of the use of project labor, which shall include the

number of workers employed under the provisions of this section and

the total wages paid to these employees.

Added by Laws 2015, c. 391, § 1, emerg. eff. June 4, 2015.

§2-2-4e. Confidentiality of electronic mail addresses.

The Oklahoma Department of Agriculture, Food, and Forestry shall

keep confidential the electronic mail addresses provided to the

Department through any online licensing program or similar

electronic licensing system. The electronic mail addresses shall

not be releasable pursuant to the Open Records Act absent an order

by a court of competent jurisdiction.

Added by Laws 2016, c. 106, § 1, eff. Nov. 1, 2016.

§2-2-5. Official agency.

Except for matters which have been expressly delegated to

another state agency, the State Board of Agriculture shall be the

official agency of the State of Oklahoma in the relations of this

state with the United States Department of Agriculture, any other

federal agency, or any agency or person of this or another state on

matters pertaining to sampling, inspection, and grading of

agricultural products, and other regulatory matters in the field of

agriculture.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 3, art. 2, § 5. Amended by Laws 1993, c.

145, § 247, eff. July 1, 1993; Laws 2000, c. 243, § 7, emerg. eff.

May 24, 2000.

§2-2-6. Advisory or consulting committees - Appointment.

The State Board of Agriculture shall have authority to appoint

advisory or consulting committees from the residents of the state

who are interested in the various phases of agriculture, either in

conservation, production, processing, regulation, or sale of

agricultural products.

Added by Laws 1955, p. 3, art. 2, § 6. Amended by Laws 2000, c.

243, § 8, emerg. eff. May 24, 2000.

§2-2-7. Records and files as evidence – Enforcement of penalties

and fines.

A. The records, files, and books of the State Board of

Agriculture shall be receivable as evidence. The rules and orders

of the Board, when published, shall be public notice and shall have

the force and effect of law and be judicially noticed and

considered. When orders of the Board consist of local rules or

orders of quarantine, the order may be provable in the same manner

as a return of service.

B. Administrative penalties, civil penalties, and other fines

imposed pursuant to the provisions of the Oklahoma Agricultural Code

shall be enforced in the same manner in which civil judgments may be

enforced. For purposes of enforcement final orders shall be

recorded in the office of the clerk of the district court of

Oklahoma County and, upon such recording and application therefor,

all appropriate writs and process shall be issued and shall be

enforced by the court.

Added by Laws 1955, p. 3, art. 2, § 7, emerg. eff. June 3, 1955.

Amended by Laws 2000, c. 243, § 9, emerg. eff. May 24, 2000; Laws

2004, c. 60, §1, emerg. eff. April 6, 2004.

§2-2-8. Certified copies as evidence.

Duly-certified copies of any book, record, file, or proceeding,

or any part, shall be competent as a matter of evidence in court

when certified as a copy by the officer in charge of the book, file,

record proceeding or part thereof or by the President or Secretary

of the State Board of Agriculture.

Added by Laws 1955, p. 4, art. 2, § 8. Amended by Laws 2000, c.

243, § 10, emerg. eff. May 24, 2000.

§2-2-9. Cooperative contracts and agreements - Grading, sampling or

inspection - Fees.

The State Board of Agriculture may enter into cooperative

contracts and agreements with the United States Department of

Oklahoma Statutes - Title 2. Agriculture

Agriculture, or any other federal or state agency, person, or firm

providing for the grading, sampling, or inspection of processed or

unprocessed foods, livestock, poultry, seeds, fruits, vegetables, or

other agricultural commodities and products. The Board shall

promulgate a schedule of fees to be charged and collected under the

provisions of this section from the person or agency for whom the

grading, sampling, or inspection service is rendered. The schedule

of fees shall be filed in the office of the Secretary of State in

accordance with the Administrative Procedures Act and be open to the

public, and any subsequent change in the fees shall not be operative

until the change has been filed in the office of the Secretary of

State pursuant to the Administrative Procedures Act.

Added by Laws 1955, p. 4, art. 2, § 9. Amended by Laws 2000, c.

243, § 11, emerg. eff. May 24, 2000.

§2-2-10. Department of Agriculture Revolving Fund - Disbursements Claims.

A. There is hereby created in the State Treasury a fund to be

known as the State Department of Agriculture Revolving Fund. All

monies, fees, and revenues collected, authorized, or received from

any source by the State Board of Agriculture or any division,

officer, or employee of the State Department of Agriculture pursuant

to the provisions of the Oklahoma Agricultural Code or any law or

agreement shall be deposited in the fund.

B. The fund shall be a continuing fund and shall be expended

only for purposes specifically authorized and approved by a majority

vote of the five (5) members appointed to and constituting the

Board. The President, in the absence of the Board, may approve

disbursements for lawfully authorized purposes. Expenditures from

the fund shall be made only for defraying the costs and expenses of

providing inspection, sampling, grading, and other services

authorized by the Board for which fees or other monies have been

paid into the fund and for which other monies are not available for

the payment of services.

C. The Board shall have authority to employ and pay out of the

fund inspectors, graders, or other personnel as needed or required

to conduct authorized services.

D. All claims against the fund shall be paid only upon the

majority approval of the Board, or the President in the absence of

the Board.

Added by Laws 1955, p. 4, art. 2, § 10. Amended by Laws 1965, c.

380, § 1, emerg. eff. June 29, 1965; Laws 1977, c. 251, § 7, emerg.

eff. July 15, 1977; Laws 2000, c. 243, § 12, emerg. eff. May 24,

2000.

§2-2-11a. Renumbered as § 5-9 of this title by Laws 2000, c. 243, §

126, emerg. eff. May 24, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-2-11b. Renumbered as § 5-10 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-2-11c. Renumbered as § 5-11 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-2-12. Unpaid checks - Uncollectable debts.

A. For accounting purposes only, when any check has been

received by the State Board of Agriculture, or the State Department

of Agriculture, Food, and Forestry, and has remained unpaid for a

period of more than five (5) years, and the Board determines that

the check cannot be collected, the amount of the check shall not be

included or carried as an asset of the Board or any of its funds.

B. If all appropriate collection remedies have been exhausted

in the collection of any debt owed to the Department, the debt shall

be considered uncollectable. A list of all uncollectable debts and

persons who owed the debts, shall be reported to the Oklahoma

Legislature, the Office of Management and Enterprise Services, and

the Oklahoma Tax Commission no later than May 1 of each calendar

year.

Added by Laws 1955, p. 4, art. 2, § 12, emerg. eff. June 3, 1955.

Amended by Laws 2000, c. 243, § 16, emerg. eff. May 24, 2000; Laws

2010, c. 91, § 1, eff. Nov. 1, 2010; Laws 2012, c. 304, § 2.

§2-2-13A.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-2-13B.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-2-14. Authority to enter - Proper actions - Warrants.

A. The State Board of Agriculture or its authorized agents

shall have the authority to enter any premises or mode of

transportation during reasonable hours for the purpose of

implementing the Oklahoma Agricultural Code or rules promulgated

pursuant thereto.

B. The Board or its authorized agents shall have the authority

to carry out all necessary and proper actions to determine

compliance with the Oklahoma Agricultural Code including, but not

limited to, conducting investigations, opening any bundle, package,

or container of agricultural products, examining and making

photocopies of records or documents, examining devices, and

collecting and submitting samples for analysis.

C. If any person refuses, denies or interferes with any right

of access, the Board shall have the right to apply to and obtain

Oklahoma Statutes - Title 2. Agriculture

from a district court an administrative or other warrant as

necessary to enforce the right of access and inspection.

Added by Laws 1965, c. 236, § 2, emerg. eff. June 17, 1965.

by Laws 2000, c. 243, § 17, emerg. eff. May 24, 2000.

Amended

§2-2-14.1. Seizure and forfeiture of property.

A. The Oklahoma Department of Agriculture, Food, and Forestry

may take into possession any vehicle, implement of husbandry,

farming equipment or farm implement and any and all livestock, or

any part thereof, killed, taken, shipped, or possessed in violation

of any provision of the Oklahoma Agricultural Code.

B. In addition to the property described in subsection A of

this section, the following property is also subject to forfeiture

pursuant to this section:

1. Property used in the commission of theft of livestock or in

any manner to facilitate the theft of livestock;

2. The proceeds gained from the commission of theft of

livestock;

3. Personal property acquired with proceeds gained from the

commission of theft of livestock;

4. All conveyances, including aircraft, vehicles or vessels,

and horses or dogs which are used to transport or in any manner to

facilitate the transportation for the purpose of the commission of

theft of livestock;

5. Any items having a counterfeit mark;

6. Any weapon possessed, used or available for use in any

manner during the commission of a theft of livestock within the

State of Oklahoma; and

7. Any computer and its components and peripherals, including

but not limited to the central processing unit, monitor, keyboard,

printers, scanners, software, and hardware, when it is used in the

commission of theft of livestock in this state.

C. The property may be held as evidence until a forfeiture has

been declared or a release ordered. Forfeiture actions under this

section may be brought in district court by the Office of General

Counsel of the Oklahoma Department of Agriculture, Food, and

Forestry as petitioner. At the request of the Commissioner of

Agriculture, the district attorney in the county of venue shall

bring a forfeiture action under this section. Provided, in the

event the Department or the district attorney elects not to file an

action, or fails to file an action within ninety (90) days of the

date of the seizure of the equipment, the property shall be returned

to the owner.

D. Notice of seizure and intended forfeiture proceeding shall

be filed in the office of the clerk of the district court for the

county where the property is seized and shall be given to all owners

Oklahoma Statutes - Title 2. Agriculture

and parties in interest. Notice shall be given according to one of

the following methods:

1. Upon each owner or party in interest whose right, title, or

interest is of record in the Oklahoma Tax Commission or with the

county clerk for filings under the Uniform Commercial Code, served

in the manner of service of process in civil cases prescribed by

Section 2004 of Title 12 of the Oklahoma Statutes;

2. Upon each owner or party in interest whose name and address

is known, served in the manner of service of process in civil cases

prescribed by Section 2004 of Title 12 of the Oklahoma Statutes; or

3. Upon all other owners, whose addresses are unknown, but who

are believed to have an interest in the property by one publication

in a newspaper of general circulation in the county where the

seizure was made.

E. Within sixty (60) days after the mailing or publication of

the notice, the owner of the property and any other party in

interest or claimant may file a verified answer and claim to the

property described in the notice of seizure and of the intended

forfeiture proceeding.

F. If at the end of sixty (60) days after the notice has been

mailed or published there is no verified answer on file, the

district court shall hear evidence upon the fact of the unlawful use

and may order the property forfeited to the state, if proven.

G. If a verified answer is filed, the forfeiture proceeding

shall be set for hearing. At the hearing, the petitioner shall

prove by a preponderance of the evidence that property was used in

the attempt or commission of an act specified in subsection A of

this section or is property described in subsection B of this

section with knowledge by the owner of the property.

H. The claimant of any right, title, or interest in the

property may prove the lien, mortgage, or conditional sales contract

to be bona fide and that the right, title, or interest created by

the document was created without any knowledge or reason to believe

that the property was being, or was to be, used for the purpose

charged.

I. In the event of such proof, the district court may order the

property released to the bona fide or innocent owner, lienholder,

mortgagee, or vendor if the amount due the person is equal to, or in

excess of, the value of the property as of the date of the seizure,

it being the intention of this section to forfeit only the right,

title, or interest of the purchaser, except for items bearing a

counterfeit mark or used exclusively to manufacture a counterfeit

mark.

J. If the amount due to the person is less than the value of

the property, or if no bona fide claim is established, the property

may be forfeited to the state and may be sold pursuant to judgment

of the court, as on sale upon execution, and as provided in Section

Oklahoma Statutes - Title 2. Agriculture

2-508 of Title 63 of the Oklahoma Statutes, except as otherwise

provided for by law and for property bearing a counterfeit mark

which shall be destroyed.

K. Property taken or detained pursuant to this section shall

not be repleviable, but shall be deemed to be in the custody of the

petitioner or in the custody of the law enforcement agency. Except

for property required to be destroyed pursuant to the Trademark

Anti-Counterfeiting Act, the petitioner shall release the property

to the owner of the property if it is determined that the owner had

no knowledge of the illegal use of the property or if there is

insufficient evidence to sustain the burden of showing illegal use

of the property. If the owner of the property stipulates to the

forfeiture and waives the hearing, the petitioner may determine if

the value of the property is equal to or less than the outstanding

lien. If the lien exceeds the value of the property, the property

may be released to the lien holder. Property which has not been

released by the petitioner shall be subject to the orders and

decrees of the court or the official having jurisdiction thereof.

L. The petitioner, or the law enforcement agency holding

property, shall not be held civilly liable for having custody of the

seized property or proceeding with a forfeiture action as provided

for in this section.

M. Attorney fees shall not be assessed against the state or the

petitioner for any actions or proceeding pursuant to this section.

N. The proceeds of the sale of any property shall be

distributed as follows, in the order indicated:

1. To the bona fide or innocent purchaser, conditional sales

vendor, or mortgagee of the property, if any, up to the amount of

that person’s interest in the property, when the court declaring the

forfeiture orders a distribution to the person;

2. To the payment of the actual reasonable expenses of

preserving the property; and

3. The balance shall be distributed as follows:

a.

two-thirds (2/3) of the amount to the Agriculture

Evidence and Law Enforcement Fund, and

b.

one-third (1/3) to the district attorney of the county

wherein the property was seized for the victim-witness

fund, a reward fund, or the evidence fund. If the

petitioner is not the district attorney, then the onethird (1/3) which would have been designated to that

office shall be distributed to the Agriculture

Evidence and Law Enforcement Fund.

O. Monies distributed into the fund from forfeitures initiated

under this section by the district attorney shall be limited to a

balance of One Hundred Thousand Dollars ($100,000.00) at any one

time. Any amount in excess of these figures shall be placed in the

Agriculture Revolving Fund.

Oklahoma Statutes - Title 2. Agriculture

P. If the district court finds that the property was not used

in the attempt or commission of an act specified in subsection A of

this section and was not property subject to forfeiture pursuant to

subsection B of this section and is not property bearing a

counterfeit mark, the Board or the court shall order the property

released to the owner as the right, title or interest appears on

record in the Oklahoma Tax Commission as of the seizure.

Q. No vehicle, airplane, or vessel used by a person as a common

carrier in the transaction of business as a common carrier shall be

forfeited pursuant to the provisions of this section unless it is

proven that the owner or other person in charge of the conveyance

was a consenting party or privy to the attempt or commission of an

act specified in subsection A or B of this section. No property

shall be forfeited pursuant to the provisions of this section by

reason of any act or omission established by the owner thereof to

have been committed or omitted without the knowledge or consent of

the owner, and by any person other than the owner while the property

was unlawfully in the possession of a person other than the owner in

violation of the criminal laws of the United States or of any state.

R. Whenever any property is forfeited pursuant to this section,

the district court having jurisdiction of the proceeding may order

that the forfeited property may be retained for its official use by

the Oklahoma Department of Agriculture, Food, and Forestry or by the

district attorney.

Added by Laws 2009, c. 168, § 1, eff. Nov. 1, 2009.

§2-2-14.2. Abandoned or stolen property--Storage--Disposal.

A. The Oklahoma Department of Agriculture, Food, and Forestry

is hereby authorized to take possession of, store, and dispose of

certain abandoned and stolen personal property as provided in this

section.

B. The Department shall maintain a permanent record identifying

the date and circumstances under which the Department acquired each

piece of abandoned or stolen property, the place where each piece of

property was found or located, and a detailed description of each

article of property. All abandoned or stolen property shall be

stored in a suitable place to protect it from deterioration;

provided, that if the property is perishable, it may be sold in a

manner to maximize value as set forth in subsection C below.

C. If the abandoned or stolen personal property is of a

perishable nature and reasonable attempts to locate and identify the

owner of the property are not successful, the property may be sold

at once without notice.

1. The Department shall use its best efforts to obtain the best

possible price for the perishable property.

Oklahoma Statutes - Title 2. Agriculture

2. The proceeds from the sale shall be held in a segregated

account for a period of six (6) months for the benefit of the

property's owner.

3. Subsequent to the sale, notice concerning the holding of

proceeds from the sale of the perishable property shall be published

once a week for two (2) successive weeks in a newspaper of general

circulation published in the city or town closest to the location

where the property was recovered and, in the case of cities and

towns in which no newspaper is published, by posting the notice in a

conspicuous place at the city hall or police station.

4. If the proceeds are not claimed within six (6) months, after

deducting and paying all expenses incurred in the recovery, storage,

maintenance, and sale of the property, the net funds shall be

deposited in the State Department of Agriculture Evidence and Law

Enforcement Fund.

D. Six (6) months after the Department comes into possession of

any other abandoned or stolen property, it may dispose of the

property by public or private auction.

1. Notice of the time and place of sale shall first be given by

publication of notice once a week for two (2) successive weeks in a

newspaper of general circulation published in the city or town in

question and, in the case of cities and towns in which no newspaper

is published, by posting notice in a conspicuous place at the city

hall or police station.

2. The first publication or posting of notice, as the case may

be, shall be at least twenty (20) days before the sale.

3. Each article shall be sold separately and a notation in the

permanent record shall be made of the amount received for each

article of property.

4. The person making the sale shall have the right to reject

any and all bids if the amount bid is unreasonably low and shall

have the right to continue the sales from time to time.

5. After deducting and paying all expenses incurred in the

taking up, storing, maintaining, and selling of the property, the

balance, if any, shall be deposited in the State Department of

Agriculture Evidence and Law Enforcement Fund.

Added by Laws 2015, c.288, § 1, eff. Nov. 1, 2015.

§2-2-15.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-2-16. Duties of district attorney or Attorney General.

A. When requested by the State Board of Agriculture it shall be

the duty of a district attorney or the Attorney General to institute

appropriate proceedings in the proper courts in a timely manner and

to prosecute in the manner provided by law when violations of the

following occur:

Oklahoma Statutes - Title 2. Agriculture

1. The Oklahoma Agricultural Code;

2. Any rule promulgated pursuant to the Oklahoma Agricultural

Code; or

3. Any order, license, charter, registration, or permit issued

pursuant to the Oklahoma Agricultural Code.

B. Any action to redress or restrain a violation of the

Oklahoma Agricultural Code, any promulgated rule or any order,

license, charter, registration, or permit issued pursuant to the

Oklahoma Agricultural Code or to recover any administrative or civil

penalty or other fine assessed pursuant to the Oklahoma Agricultural

Code, may be brought by:

1. The district attorney of the appropriate district court of

the State of Oklahoma;

2. The Attorney General on behalf of the State of Oklahoma; or

3. The Oklahoma Department of Agriculture, Food, and Forestry

on behalf of the State of Oklahoma.

C. The court shall have jurisdiction to determine the action,

and to grant the necessary or appropriate relief, including but not

limited to mandatory or prohibitive injunctive relief, interim

equitable relief, and punitive damages.

D. When requested by an authorized agent of the Board, it shall

be the duty of every peace officer to assist in the detection and

apprehension of all persons in violation of the Oklahoma

Agricultural Code. Failure to perform this duty shall be cause for

removal from office.

Added by Laws 1965, c. 236, § 4, emerg. eff. June 17, 1965. Amended

by Laws 2000, c. 243, § 18, emerg. eff. May 24, 2000; Laws 2004, c.

60, § 2, emerg. eff. April 6, 2004.

§2-2-16.1. Livestock Offender Registry.

A. The Oklahoma Department of Agriculture, Food, and Forestry

is authorized to create and maintain the Livestock Offender

Registry. Access to the registry shall be provided to the public on

the Department's website.

B. The Livestock Offender Registry shall contain all persons

convicted of violating Section 1716 of Title 21 of the Oklahoma

Statutes.

C. The Department may promulgate rules to implement the

provisions of this section.

D. The Department is authorized to contract with a statewide

livestock organization, as defined in Section 4-2 of Title 2 of the

Oklahoma Statutes, to create and maintain the Livestock Offender

Registry.

Added by Laws 2021, c. 141, § 1, eff. Nov. 1, 2021.

§2-2-17.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

Oklahoma Statutes - Title 2. Agriculture

§2-2-17.1. False statements, etc. to Department – Rendering

inaccurate any monitoring or measuring device – Penalties.

In addition to other penalties as may be imposed by law, it is a

violation of the Oklahoma Agricultural Code for any person to

knowingly make or provide any false statement, representation, or

certification to the Oklahoma Department of Agriculture, Food, and

Forestry or to knowingly render inaccurate any monitoring or

measuring device or information thereof.

Added by Laws 2004, c. 60, § 3, emerg. eff. April 6, 2004.

§2-2-17A.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-2-18. Notice - Hearings - Penalties.

A. After notice and opportunity for a hearing in accordance

with the Administrative Procedures Act, if the State Board of

Agriculture finds any person in violation of the Oklahoma

Agricultural Code or any rule promulgated or order issued pursuant

thereto, the Board shall have the authority to assess an

administrative penalty of not less than One Hundred Dollars

($100.00) and not more than Ten Thousand Dollars ($10,000.00) for

each violation. Each animal, each action, or each day a violation

continues may constitute a separate and distinct violation.

B. The Board may appoint administrative law judges to conduct

the hearings. Hearings shall be held at a location within the

region in which the alleged violator resides or the violation

occurred, or the central offices of the State Board of Agriculture

in Oklahoma City, Oklahoma.

C. Any person who fails to comply with the provisions of the

Oklahoma Agricultural Code or rules promulgated by the Board shall

be deemed guilty of a misdemeanor unless a violation of the Oklahoma

Agricultural Code or rules promulgated thereto is specifically

identified with a penalty or as a Class D3 felony offense in the

individual articles of the Oklahoma Agricultural Code. Any person

who violates the provisions of this subsection shall, upon

conviction, be guilty of a Class D3 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

of Section 20P of Title 21 of the Oklahoma Statutes.

D. Nothing in the Oklahoma Agricultural Code shall preclude the

Board from seeking penalties in district court in the maximum amount

allowed by law. The assessment of penalties in an administrative

enforcement proceeding shall not prevent the subsequent assessment

by a court of the maximum civil or criminal penalties for violations

of the Oklahoma Agricultural Code and rules promulgated pursuant

thereto.

Oklahoma Statutes - Title 2. Agriculture

E. Any person assessed an administrative or civil penalty may

be required to pay, in addition to the penalty amount and interest

thereon, attorney fees and costs associated with the collection of

the penalties.

Added by Laws 1965, c. 236, § 6, emerg. eff. June 17, 1965. Amended

by Laws 2000, c. 243, § 19, emerg. eff. May 24, 2000; Laws 2004, c.

60, § 4, emerg. eff. April 6, 2004; Laws 2025, c. 486, § 608, eff.

Jan. 1, 2026.

§2-2-18.1. Pollution of air, land, or waters - Order to cease Administrative penalty.

A. It shall be unlawful and a violation of the Oklahoma

Agricultural Code for any person to cause pollution of any air, land

or waters of the state by persons which are subject to the

jurisdiction of the Oklahoma Department of Agriculture, Food, and

Forestry pursuant to the Oklahoma Environmental Quality Act.

B. If the State Board of Agriculture finds that any of the air,

land, or waters of the state which are subject to the jurisdiction

of the Oklahoma Department of Agriculture, Food, and Forestry

pursuant to the Oklahoma Environmental Quality Act have been or are

being polluted, the Board shall make an order requiring that the

pollution cease within a time period determined by the Department,

or require a manner of treatment or of disposition of the waste or

other polluting material as may in the judgment of the Board be

necessary to prevent further pollution. In addition, the Board may

assess an administrative penalty pursuant to Section 2-18 of this

title. The person to whom the order is directed shall fully comply

with the order of the Board and pay any fine and costs assessed.

C. 1. Manure shall not be defined as or be considered a

hazardous substance or hazardous waste as those terms are defined by

state law.

2. For purposes of this subsection, “manure” means any feces,

urine, urea, or other excrement from livestock and shall also only

include:

a.

associated nonhazardous bedding, compost, raw

materials, or other nonhazardous materials commingled

with the excrement,

b.

nonhazardous process water associated with the

excrement or materials, or

c.

nonhazardous byproducts, constituents, or substances

contained in or originating from the excrement,

materials, or process water.

3. This subsection shall not be construed to affect or limit the

applicability of any other provision of the Oklahoma Agricultural

Code.

Added by Laws 2004, c. 60, § 5, emerg. eff. April 6, 2004. Amended

by Laws 2007, c. 36, § 1, eff. Nov. 1, 2007.

Oklahoma Statutes - Title 2. Agriculture

§2-2-18.2. Oklahoma Department of Agriculture, Food, and Forestry Official environmental regulatory agency.

The Oklahoma Department of Agriculture, Food, and Forestry is

hereby designated as an official environmental regulatory agency for

agricultural point source and nonpoint source pollution within its

jurisdiction as specified in subsection D of Section 1-3-101 of

Title 27A of the Oklahoma Statutes. The Department is hereby

authorized and directed to obtain authorization from the

Environmental Protection Agency (EPA) to administer any and all of

the National Pollution Discharge Elimination System (NPDES) programs

for agricultural point and nonpoint source discharges within its

specified jurisdiction.

Added by Laws 1994, c. 289, § 2, emerg. eff. June 6, 1994. Amended

by Laws 2004, c. 100, § 3, eff. July 1, 2004. Renumbered from § 13-103 of Title 27A by Laws 2004, c. 100, § 4, eff. July 1, 2004.

Amended by Laws 2006, c. 201, § 1, eff. Nov. 1, 2006.

NOTE: Editorially renumbered from § 18.2 of this title to provide

consistency in numbering.

§2-2-18.3. Survey of agriculture producers – Water quality issues.

The Oklahoma Department of Agriculture, Food, and Forestry, in

cooperation with the Oklahoma Conservation Commission and the

Oklahoma State University Cooperative Extension Service shall

determine if there is a willingness among agriculture producers in

Oklahoma to institute a voluntary program designed to reduce the

liability of landowners through the establishment of best management

practices designed to address water quality issues throughout

Oklahoma. The program shall be voluntary in nature and encompass

all state and federal regulatory requirements.

Added by Laws 2009, c. 260, § 1, eff. July 1, 2009.

§2-2-19. Renumbered as § 14-81 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-2-20. Renumbered as § 14-82 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-2-21. Renumbered as § 14-83 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-2-22.

1996.

Repealed by Laws 1996, c. 138, § 8, emerg. eff. May 1,

§2-2-23. Renumbered as § 14-84 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-2-24.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-2-25.

1985.

Repealed by Laws 1985, c. 178, § 81, operative July 1,

§2-2-26. Agriculture Emergency Insect Control Special Fund.

A. The Agriculture Emergency Insect Control Special Fund is

hereby created in the State Treasury for the Oklahoma Department of

Agriculture, Food, and Forestry. The fund consists of monies

transferred to it from funds appropriated to the Department for this

purpose. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall be under the control and management of

the administrative authority of the Department. Expenditures from

the fund shall be pursuant to the laws of this state and rules

promulgated by the State Board of Agriculture.

B. The fund shall be for emergency controls that lack

legislative appropriation of emergency grasshopper and range

caterpillar control within the state or for the general operations

of the Department, and may be used for matching purposes for those

programs in which the United States Department of Agriculture

participates.

C. All expenditures shall be approved by the Board. Warrants

for expenditures from the fund shall be based on claims signed by an

authorized employee of the Department and approved for payment by

the Director of the Office of Management and Enterprise Services.

Added by Laws 1980, c. 137, § 2, emerg. eff. April 15, 1980.

Amended by Laws 1981, c. 50, § 2, emerg. eff. April 13, 1981; Laws

1993, c. 278, § 15, operative Sept. 1, 1993; Laws 2000, c. 243, §

24, emerg. eff. May 24, 2000; Laws 2012, c. 304, § 3.

§2-2-27. Department of Agriculture State Indemnity Special Fund.

A. The Department of Agriculture State Indemnity Special Fund

is hereby created in the State Treasury for the Oklahoma Department

of Agriculture, Food, and Forestry.

B. The fund shall consist of any monies appropriated to the

Department specifically for transfer to the fund. The fund shall be

a continuing fund, not subject to fiscal year limitations, and shall

be under the control and management of the administrative authority

of the Department.

C. Expenditures from the fund shall be pursuant to the laws of

this state and in accordance with rules promulgated by the State

Board of Agriculture.

D. The fund shall be for the purpose of funding state indemnity

payments to owners of livestock destroyed or disposed of pursuant to

Section 6-3 of this title and to support livestock disease

Oklahoma Statutes - Title 2. Agriculture

prevention and control programs within the designated division of

the Department.

E. All expenditures shall be approved by the State Veterinarian

and presented to the Board. Warrants for expenditures from the fund

shall be based on claims signed by an authorized employee of the

Department.

Added by Laws 1981, c. 304, § 12, emerg. eff. June 29, 1981.

Amended by Laws 2000, c. 243, § 25, emerg. eff. May 24, 2000; Laws

2002, c. 173, § 4, emerg. eff. May 6, 2002.

§2-2-27.1. Agriculture Evidence and Law Enforcement Fund.

A. There is created in the State Treasury a revolving fund for

the Oklahoma Department of Agriculture, Food, and Forestry to be

designated the “Agriculture Evidence and Law Enforcement Fund”. The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of monies received from the sale of

confiscated property, the seizure and forfeiture of confiscated

monies, property, gifts, bequests, devises, or contributions, public

or private, including federal and state funds unless otherwise

provided by federal law or regulation.

B. All monies accruing to the credit of the fund are

appropriated and may be budgeted and expended by the Oklahoma

Department of Agriculture, Food, and Forestry, for purposes

including but not limited to investigation, enforcement, and

prosecution of cases involving administrative, civil, or criminal

violations of the Agricultural Code.

C. The balance on deposit in the Agriculture Evidence and Law

Enforcement Fund shall never exceed the sum of One Hundred Thousand

Dollars ($100,000.00). Amounts exceeding One Hundred Thousand

Dollars ($100,000.00) shall be deposited in the Agriculture

Revolving Fund.

Added by Laws 2009, c. 373, § 1, eff. Nov. 1, 2009.

§2-2-28.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-2-29. Obstruct, hinder or interfere with authorized agent in

performance of official duties - Unlawful.

It shall be unlawful for any person to obstruct, hinder, or

interfere by acts, verbal or physical threats, or any means with an

authorized agent in the performance of their official duties as

specified by rules of the State Board of Agriculture and the

Oklahoma Agricultural Code.

Added by Laws 2000, c. 243, § 26, emerg. eff. May 24, 2000.

§2-2-30. Provision of mediation services - Plan to increase public

awareness of Agriculture Mediation Program.

Oklahoma Statutes - Title 2. Agriculture

A. The Oklahoma Agriculture Mediation Program under the

direction of the Agriculture Mediation Board as established by

subsection D of this section, is authorized to provide mediation

services to all individuals, businesses, and state and federal

agencies that are engaged in production agriculture, and

agriculturally- or environmentally-related activities. The Oklahoma

Agriculture Mediation Program shall operate in accord with the

Agriculture Credit Act of 1987, as amended, 7 CFR 785, and

applicable state and federal laws.

B. The Oklahoma Agriculture Mediation Program shall be formed

as an independent entity. The Oklahoma Department of Agriculture,

Food, and Forestry shall provide office space for the Oklahoma

Agriculture Mediation Program. The Oklahoma Department of

Agriculture, Food, and Forestry, in cooperation with appropriate

entities such as the Oklahoma Cooperative Extension Service, is

authorized to develop and implement a plan to increase public

awareness of the Oklahoma Agriculture Mediation Program. The plan

shall be designed to provide information about the program to

producers, agriculture lenders, and others which may have reason to

utilize the services. The plan may include but not be limited to

the following:

1. Providing informational literature to every county extension

office in the state;

2. Providing information about the program to agricultural

lenders in this state by any feasible means, including but not

limited to electronic media;

3. Securing such public service announcements from broadcast

media as is feasible;

4. Cooperating with and providing information to court

officials; and

5. Such other measures as may be calculated to develop a

greater awareness of the existence and benefits of the Oklahoma

Agriculture Mediation Program.

C. The program is primarily funded by a grant from the United

States Department of Agriculture and may provide mediation free of

charge to the participants. The State Department of Agriculture,

Food, and Forestry, pursuant to the grant recertification provisions

at 7 CFR 785 and this section, may provide contributions or

allocations in support of the Oklahoma Agriculture Mediation

Program, as available. The program may seek supporting

contributions from other stakeholders in support of its operations.

D. The Oklahoma Agriculture Mediation Program shall establish

and maintain an Agriculture Mediation Board whose members are

engaged in or serving agriculture. The Board shall be comprised of

a five-person Executive Committee and a fifteen-member Advisory

Committee. The five-person Executive Committee shall be comprised

of one designee each from the two largest general farm organizations

Oklahoma Statutes - Title 2. Agriculture

of this state, one designee from the largest farm commodity group of

this state, one designee appointed by the Chair of the Senate

Agriculture and Rural Development Committee, and one designee

appointed by the Chair of the House of Representatives Agriculture

and Rural Development Committee. The Advisory Committee shall only

be advisory in capacity and comprised of members drawn from the

following categories and appointed by the Executive Committee:

1. Each of the United States Department of Agriculture

agencies;

2. The Oklahoma Department of Agriculture, Food, and Forestry;

3. The Oklahoma State University Cooperative Extension,

including IFMAPS;

4. The Oklahoma Conservation Commission;

5. An Oklahoma attorney;

6. Two Oklahoma farmers or ranchers;

7. A representative from an agriculture banking institution;

8. A representative from the Oklahoma Conference of Churches;

9. A mediator from the federal, state or private sector; and

10. Such other members from public entities or private

organizations as may be needed.

E. The Agriculture Mediation Board shall adopt such procedures

as may be necessary for the management of the program.

F. The program will maintain a roster of qualified mediators to

assist in servicing requests for mediation.

G. Mediation communications and mediation sessions under this

section shall be confidential pursuant to the Administrative Dispute

Resolution Act, 5 U.S.C. 574, and this section.

Added by Laws 2000, c. 236, § 1, emerg. eff. May 24, 2000. Amended

by Laws 2002, c. 60, § 2, eff. July 1, 2002; Laws 2004, c. 216, § 1;

Laws 2010, c. 342, § 1.

NOTE: Editorially renumbered from Title 2, § 2-29 to avoid a

duplication in numbering.

§2-2-31. Independent agricultural tourism organization plan –

Required provisions – Report date.

A. The Oklahoma Department of Agriculture, Food, and Forestry

shall develop a plan to create an independent agricultural tourism

organization. This organization shall be established as a tax

exempt organization under Section 501(c)(3) of the Internal Revenue

Code. The plan shall include:

1. All necessary provisions to form a partnership with the

Oklahoma Department of Tourism and Recreation, the Oklahoma

Department of Commerce, and the Oklahoma Department of Agriculture,

Food, and Forestry; and

2. Provisions to create a board with the number of members to

be determined by the Oklahoma Department of Agriculture, Food, and

Forestry and membership to include at least one member from the

Oklahoma Statutes - Title 2. Agriculture

Oklahoma Department of Tourism and Recreation, one member from the

Oklahoma Department of Commerce, and one member from the Oklahoma

Department of Agriculture, Food, and Forestry.

B. The Oklahoma Department of Agriculture, Food, and Forestry

shall make a report of the plan to the Legislature by January 1,

2007.

Added by Laws 2006, c. 318, § 1, emerg. eff. June 9, 2006.

§2-2-33. Official plant pest and disease control agency.

A. The State Board of Agriculture shall be the official plant

pest and disease control agency of the State of Oklahoma. The Board

shall have authority to promulgate and enforce rules governing plant

pests and plant protection, including quarantine.

B. In addition to other statutory authority, the state plant

regulatory official, upon obtaining concurrence of the State Board

of Agriculture, may issue emergency orders governing plants in order

to protect the citizens and plants of the state from diseases and

pests. The emergency order may:

1. Prohibit or impose conditions on importing plants or

implements of husbandry into the state;

2. Require testing of pests or plants;

3. Require any treatment of pests or plants;

4. Prohibit or impose conditions on moving plants or implements

of husbandry within the state;

5. Issue stop movement orders for all plants in the state to

determine the precise location of a plant pest or disease;

6. Govern the disposition of plants; and

7. Impose other measures governing plants to protect the

citizens and plants of the state from diseases and pests.

C. Emergency orders issued pursuant to this section shall

expire on the date set in the order or ninety (90) days after the

date the order was issued; however, the state plant regulatory

official may renew the order for successive ninety–day periods.

Added by Laws 2023, c. 16, § 1, eff. Nov. 1, 2023.

§2-2-34. Maintaining position of easement gate at use — Violations

— Penalties.

A. Any individual entering through gates used for ingress or

egress to a property designated as an easement shall maintain the

position of the gate upon use.

B. 1. Any individual who violates the provisions of subsection

A of this section shall, upon conviction, be guilty of a misdemeanor

punishable by a fine not more than Five Hundred Dollars ($500.00),

by imprisonment in a county jail for not more than ninety (90) days,

or by both such fine and imprisonment.

2. Any individual convicted of a second offense shall, upon

conviction, be guilty of a misdemeanor punishable by a fine not more

Oklahoma Statutes - Title 2. Agriculture

than One Thousand Dollars ($1,000.00), by imprisonment in a county

jail for not more than one hundred eighty (180) days, or by both

such fine and imprisonment.

3. Any individual convicted of a third or subsequent offense

shall, upon conviction, be punished by a fine not more than One

Thousand Five Hundred Dollars ($1,500.00), by imprisonment in a

county jail for not more than one (1) year, or by both such fine and

imprisonment.

4. Any individual convicted pursuant to the provisions of this

subsection shall also be liable for damages.

C. The Oklahoma Department of Agriculture, Food, and Forestry

shall promulgate rules necessary to implement the provisions of this

act.

Added by Laws 2025, c. 323, § 1, eff. Nov. 1, 2025.

§2-2A-1. Short title - Purpose - Applicability - Water programs.

A. Sections 2 through 11 of this act shall be known and may be

cited as the “Oklahoma Agriculture Pollutant Discharge Elimination

System Act”.

B. The purpose of the Oklahoma Agriculture Pollutant Discharge

Elimination System Act is to:

1. Implement the federal National Pollutant Discharge

Elimination System requirements;

2. Assist the Oklahoma Department of Agriculture, Food, and

Forestry in obtaining authorization to implement the federal Clean

Water Act programs; and

3. Issue permits to the persons or organizations owning or

operating facilities regulated within the areas of environmental

jurisdiction of the Department.

C. The provisions contained in the Oklahoma Agriculture

Pollutant Discharge Elimination System Act shall only apply to those

programs established pursuant to the environmental jurisdiction of

the Department as stated in Section 1-3-101 of Title 27A of the

Oklahoma Statutes.

D. Water programs within the environmental jurisdiction of the

Department are hereby established that shall be responsible for:

1. Water quality including, but not limited to, point source

and nonpoint source pollution;

2. Water protection; and

3. Discharges and potential discharges to waters of the state.

Added by Laws 2005, c. 292, § 2, eff. July 1, 2005.

§2-2A-2. Definitions.

As used in the Oklahoma Agriculture Pollutant Discharge

Elimination System Act:

1. “Administrative hearing”, “administrative permit hearing”,

“enforcement hearing” and “administrative enforcement hearing” mean

Oklahoma Statutes - Title 2. Agriculture

a quasi-judicial individual proceeding, held by the Oklahoma

Department of Agriculture, Food, and Forestry, when authorized by

the provisions of the Oklahoma Agricultural Code, and conducted

pursuant to:

a.

the Administrative Procedures Act,

b.

the Oklahoma Agricultural Code, and

c.

rules promulgated thereunder;

2. “Administrative Procedures Act” means the Oklahoma

Administrative Procedures Act;

3. “Director” means the individual appointed by the

Commissioner to perform the duties identified in Section 6 of this

act;

4. “Discharge” includes, but is not limited to, a discharge of

a pollutant or pollutants and means any addition of any pollutant to

waters of the state from any point or nonpoint source regulated by

the Department within its areas of environmental jurisdiction;

5. “Disposal system” means pipelines or conduits, pumping

stations and force mains, and all other devices, construction,

appurtenances, and facilities used for collecting, conducting, or

disposing of wastewater and treatment systems;

6. “Effluent limitation” means any established restriction

imposed by the Department on quantities, rates, and concentrations

of chemical, physical, biological, and other constituents that are

discharged from point sources into waters of the state and includes

schedules of compliance;

7. “Environment” includes the air, land, wildlife, and waters

of the state;

8. “Formal public meeting” means a formal public forum, held by

the Department when authorized by the provisions of the Oklahoma

Agricultural Code, and conducted by a presiding officer pursuant to

the requirements of the Oklahoma Agricultural Code and rules

promulgated thereunder, at which an opportunity is provided for the

presentation of oral comments made and written views submitted

within reasonable time limits as determined by the presiding

officer. Public meeting shall mean a “public hearing” when held

pursuant to requirements of the Code of Federal Regulations or the

Oklahoma Agriculture Pollutant Discharge Elimination System Act. A

public meeting shall not be a quasi-judicial proceeding;

9. “Nonpoint source” means the contamination of the environment

with a pollutant for which the specific point of origin may not be

well-defined and includes, but is not limited to, agricultural storm

water runoff and return flows from irrigated agriculture;

10. “Point source” means any discernible, confined, and

discrete conveyance including, but not limited to, any pipe, ditch,

channel, tunnel, conduit, well, discrete fissure, container, rolling

stock, or concentrated animal feeding operation, from which

pollutants or wastes are or may be discharged and which is within

Oklahoma Statutes - Title 2. Agriculture

the Department’s environmental jurisdiction. The term “point

source” shall not include agricultural storm water discharges and

return flows from irrigated agriculture;

11. “Pollutant” means dredged spoil, solid waste, incinerator

residue, sewage, garbage, sewage sludge, munitions, chemical wastes,

biological materials, radioactive materials, heat, wrecked or

discarded equipment, rock, sand, cellar dirt and industrial,

municipal, and agricultural waste discharged into waters of the

state;

12. “Pollution” means the presence or the release in the

environment of any substance, contaminant or pollutant, any other

alteration of the physical, chemical or biological properties of the

environment, the release of any liquid, gaseous or solid substance

into the environment:

a.

in quantities which are or will likely create a

nuisance, or

b.

in quantities which render or will likely render the

environment harmful, detrimental, or injurious to

public health, safety or welfare, or to domestic,

commercial, industrial, agricultural, recreational, or

other legitimate beneficial uses, or to livestock,

wild animals, birds, fish or other aquatic life, or to

property;

13. “Schedule of compliance” means a schedule of remedial

measures including, but not limited to, an enforceable sequence of

actions or operations leading to compliance with an effluent

limitation, other limitation, prohibition, or standard;

14. “Serious bodily injury” means bodily injury which involves

a substantial risk of death, unconsciousness, extreme physical pain,

protracted and obvious disfigurement, or protracted loss or

impairment of the function of a bodily member, organ, or mental

faculty;

15. “Storm water” means rainwater runoff, snow melt runoff, and

surface runoff and drainage;

16. “Treatment works” means any facility within the

Department’s jurisdictional areas of environmental responsibility,

as specified in Section 1-3-101 of Title 27A of the Oklahoma

Statutes used for the purpose of treating or stabilizing waste or

waste water that does not discharge directly to a publicly owned

treatment works; and

17. “Waters of the state” means all streams, lakes, ponds,

marshes, watercourses, waterways, wells, springs, irrigation

systems, drainage systems, storm sewers and all other bodies or

accumulations of water, surface and underground, natural or

artificial, public or private, which are contained within, flow

through or border upon this state or any portion thereof, and shall

include under all circumstances the waters of the United States

Oklahoma Statutes - Title 2. Agriculture

which are contained within the boundaries of, flow through or border

upon this state or any portion thereof. Provided, waste treatment

systems, including treatment ponds and lagoons designed to meet

federal and state requirements other than cooling ponds as defined

in the federal Clean Water Act or promulgated rules, are not waters

of the state.

Added by Laws 2005, c. 292, § 3, eff. July 1, 2005.

§2-2A-3. Authority of Board to promulgate rules - Powers of

Department.

A. The State Board of Agriculture shall have the power and duty

to promulgate rules implementing and effectuating the Oklahoma

Agriculture Pollutant Discharge Elimination System Act. The rules

may incorporate by reference any applicable rules, regulations, and

policies of the United States Environmental Protection Agency

adopted under the federal Clean Water Act. Any rules shall be at

least as stringent as the United States Environmental Protection

Agency regulations and policies, including, but not limited to,

rules that:

1. Allow the inclusion of technology-based effluent limitations

and require water-quality-related effluent limitations in

Agriculture Pollutant Discharge Elimination System permits to the

extent necessary to protect the designated and existing beneficial

uses of the waters of the state and to comply with the requirements

of the federal Clean Water Act;

2. Apply applicable national standards of performance

promulgated pursuant to Section 306 of the federal Clean Water Act

in establishing terms and conditions of Director-issued permits;

3. Develop or assist in development of any effluent limitation

or other limitation, prohibition, or effluent regulation;

4. Ensure that the public and any other state whose waters may

be affected receive notice of each application for a discharge

permit;

5. Ensure that any state whose waters may be affected by the

activities allowed by a proposed permit may submit written

recommendations on the application to the Department. The rules

shall provide that if the recommendations or any parts thereof are

not incorporated, the Department will notify the affected state in

writing and shall provide the reasons therefor;

6. Establish a fee schedule to implement the provisions of the

Oklahoma Agriculture Pollutant Discharge Elimination System Act;

7. Establish management standards for sludge which are no less

stringent than applicable federal regulations; and

8. Establish procedures and requirements necessary to ensure

compliance with applicable federal laws.

B. The Department shall have authority to:

Oklahoma Statutes - Title 2. Agriculture

1. Require the owner or operator of any system for the

treatment, storage, discharge, or transport of pollutants to:

a. establish, maintain, and submit plans, specifications,

records, and other data relative to disposal systems

or any part thereof, in connection with the issuance

of discharge permits or in connection with any permit,

purposes, or requirements of the Oklahoma Agriculture

Pollutant Discharge Elimination System Act,

b. make reports, to install, calibrate, use, and maintain

monitoring equipment or methods including biological

monitoring methods,

c. take samples of effluents in the manner as may be

prescribed, and

d. provide other information as may be reasonably

required;

2. Take all actions that may be necessary or incidental to

implement and maintain a pollutant discharge permit program and

sludge program, including the authority to assume and obtain

authorization to implement and maintain a portion of the National

Pollutant Discharge Elimination System state permit program and a

state sludge program pursuant to Section 402 and other provisions of

the federal Clean Water Act and other applicable federal law. The

Director may issue permits for the discharge of pollutants and storm

water from facilities and activities within the areas of

environmental jurisdiction of the Department specified in Section 13-101 of Title 27A of the Oklahoma Statutes;

3. Take necessary and appropriate actions to revoke, modify,

refuse to renew, suspend, place on probation, reinstate, or

otherwise administer and enforce discharge permits and sludge

permits issued by the United States Environmental Protection Agency

which are transferred to the Department upon federal authorization

of the Agriculture Pollutant Discharge Elimination System program of

the Department; and

4. Exercise all necessary incidental powers which are necessary

and proper to carry out the purposes of the Oklahoma Agriculture

Pollutant Discharge Elimination System Act and to comply with the

requirements of the federal Clean Water Act and the requirements of

the United States Environmental Protection Agency regulations

promulgated thereunder.

Added by Laws 2005, c. 292, § 4, eff. July 1, 2005.

§2-2A-4. Disclosure of interest in regulated entities.

Any employee of the Oklahoma Department of Agriculture, Food,

and Forestry in a technical, supervisory or administrative position

relating to the review, issuance, or enforcement of permits pursuant

to the Oklahoma Agricultural Code who is an owner, stockholder,

employee or officer of, or who receives compensation from, any

Oklahoma Statutes - Title 2. Agriculture

corporation, partnership, or other business or entity which is

subject to regulation by the Department shall disclose the interest

to the Commissioner of the Oklahoma Department of Agriculture, Food,

and Forestry. Disclosures shall be submitted for Board review and

shall be made a part of the Board minutes available to the public.

This section shall not apply to financial interests occurring by

reason of participation of an employee in the Oklahoma State

Employees Deferred Compensation Plan or publicly traded mutual

funds.

Added by Laws 2005, c. 292, § 5, eff. July 1, 2005.

§2-2A-5. Director of the Agricultural Pollutant Discharge

Elimination System.

A. The Commissioner of Agriculture shall appoint the Director

of the Agriculture Pollutant Discharge Elimination System. The

Director shall serve at the pleasure of the Commissioner.

B. The Director shall have experience in agriculture, forestry,

conservation, environmental sciences, or other areas as may be

required by the Commissioner.

C. The Director shall not be an owner, stockholder, employee or

officer of, nor have any other business relationship with or receive

compensation from, any corporation, partnership, or other business

or entity which is subject to regulation by the Department and, with

regard to the exercise of powers and duties associated with the

Oklahoma Agriculture Pollutant Discharge Elimination System Act,

shall meet all requirements of Section 304 of the federal Clean

Water Act and applicable federal regulations promulgated thereunder

by the United States Environmental Protection Agency regarding

conflict of interest.

D. 1. The Director shall have the power and duty to:

a.

issue, deny, modify, amend, renew, refuse to renew,

suspend, place on probation, reinstate or revoke

licenses or permits pursuant to the provisions of the

Oklahoma Agricultural Code, and rules promulgated by

the State Board of Agriculture, and

b.

issue final orders and assess administrative penalties

according to the Administrative Procedures Act, the

Oklahoma Agricultural Code, and rules promulgated by

the Board.

2. The powers and duties specified in paragraph 1 of this

subsection shall be exercised exclusively by the Director on behalf

of the Oklahoma Department of Agriculture, Food, and Forestry and

may not be delegated to other employees of the Department except as

specifically provided in the Oklahoma Agriculture Pollutant

Discharge Elimination System Act.

3. In the event of the temporary absence of the Director, the

Director may delegate the exercise of these powers and duties to an

Oklahoma Statutes - Title 2. Agriculture

acting director during the absence of the Director subject to an

organizational structure approved by the Commissioner. In the event

of a vacancy in the position of Director, the Commissioner may

designate an interim or acting Director who is authorized to

exercise the powers and duties until a permanent Director is

employed.

4. Any designee exercising the powers and duties of the

Director as authorized or on a temporary, acting, or interim basis

shall meet the requirements of subsection C of this section for the

Director.

5. All references in the Oklahoma Agricultural Code to the

Department with respect to the exercise of the powers and duties

specified in paragraph 1 of this subsection shall mean the exercise

of such powers and duties by the Director or authorized designee.

Added by Laws 2005, c. 292, § 6, eff. July 1, 2005.

§2-2A-6. Discharge of pollutant into state waters - Schedule of

compliance and conditions - Permits.

A. It shall be unlawful for any person regulated by the

Oklahoma Department of Agriculture, Food, and Forestry pursuant to

its environmental jurisdiction to discharge any pollutant into

waters of the state except in accordance with a permit from the

Director of the Agriculture Pollutant Discharge Elimination System.

B. Prior to issuing the pollutant discharge permits, the

Director shall prescribe schedules of compliance and conditions as

necessary that:

1. Prevent, control, or abate pollution, including water

quality-related and technology-based effluent limitations as are

necessary to protect the water quality and existing and designated

beneficial uses of the waters of the state;

2. Require application of best practicable control technology

currently available, best conventional pollutant control technology,

or best available technology economically achievable, or other

limitations as the Director may prescribe;

3. Require compliance with national standards of performance

and toxicity;

4. Set limitations or prohibitions designed to prohibit the

discharge of pollutants;

5. Set interim compliance dates which are enforceable without

otherwise showing a violation of an effluent limitation or harm to

water quality;

6. Set terms and conditions for sludge and land application of

wastewater and for impoundments in accordance with rules promulgated

by the Board; and

7. Comply with the provisions of the Oklahoma Agriculture

Pollutant Discharge Elimination System Act and the requirements of

the federal Clean Water Act.

Oklahoma Statutes - Title 2. Agriculture

C. The Director shall:

1. Have authority to issue individual permits and

authorizations under general permits for pollutants, storm water and

sludge as authorized by the Oklahoma Agriculture Pollutant Discharge

Elimination System Act;

2. Issue permits for fixed terms not to exceed five (5) years;

3. Have the authority to require conditions in permits issued

for facilities subject to the environmental jurisdiction of the

Department requiring the permittee to give notice to the Department

of:

a.

new introductions into the treatment works of

pollutants at a regulated facility from any source

which would be a new source as defined in Section 306

of the federal Clean Water Act,

b.

pollutants being introduced from a source which would

be a point source subject to Section 301 of the

federal Clean Water Act if it were discharging

directly to waters of the state,

c.

a substantial change in volume or character of

pollutants being introduced into the treatment works

by a source introducing pollutants into the works at

the time of issuance of the permit, or

d.

other conditions as may be required under the federal

Clean Water Act or state law;

4. Have the authority to ensure compliance with Sections

204(b), 307 and 308 and other provisions of the federal Clean Water

Act and with other applicable federal law;

5. Have all necessary and incidental authority to comply with

the requirements of the federal Clean Water Act and requirements of

the United States Environmental Protection Agency set forth in duly

promulgated federal regulations adopted under the federal Clean

Water Act;

6. Have the authority to terminate or modify permits issued by

the Director for cause, including but not limited to:

a.

violation of any condition of the permit, including

but not limited to conditions related to limits,

monitoring requirements, entry, and inspections,

b.

obtaining a permit by misrepresentation, or failure to

disclose fully all relevant facts, or

c.

change in any condition that requires either a

temporary or permanent reduction or elimination of the

permitted discharge;

7. Have all necessary authority to implement and enforce

Department programs and requirements established by the State Board

of Agriculture in duly promulgated rules;

8. Have all necessary or incidental authority to investigate

and abate violations of permits issued by the Director, violations

Oklahoma Statutes - Title 2. Agriculture

of administrative orders, violations of duly promulgated rules, and

violations of the Oklahoma Agriculture Pollutant Discharge

Elimination System Act; and

9. Have all necessary and incidental authority to apply

sanctions through administrative proceedings for violations,

including but not limited to violations of requirements to obtain

permits, terms, and conditions of permits, effluent standards and

limitations and water quality standards, and violations of

requirements for recording, reporting, monitoring, entry,

inspection, and sampling.

Added by Laws 2005, c. 292, § 7, eff. July 1, 2005.

§2-2A-7. Inspection of and access to permitted and unpermitted

facilities - Issuance of discharge permit prohibited in certain

situations - Documents open to public - Trade secrets protected.

A. Any holder of a permit or applicant for a permit shall be

deemed to have given consent to any authorized officer, employee, or

agent of the Oklahoma Department of Agriculture, Food, and Forestry

to:

1. Enter and inspect the facility in accordance with the

provisions of the Oklahoma Agriculture Pollutant Discharge

Elimination System Act;

2. Investigate complaints;

3. Have access at any reasonable time for the purposes of

reviewing and copying any records required to be maintained;

4. Inspect any monitoring equipment, methods, disposal systems,

or other facilities or equipment as may be required;

5. Have access for the purpose of inspecting and sampling any

effluent streams or any discharge of pollutants to waters of the

state or for inspection and sampling of any sludge source, storage,

beneficial use, reuse, or disposal site; and

6. Obtain copies of records, plans, reports, or other

information required by the Department to be submitted upon request

and subject to and made available for inspection at reasonable times

to any authorized representative of the Department. Any authorized

representative of the Department may examine any records or

memoranda pertaining to discharges, treatment, or other limitations

set by permit, order, or duly promulgated rules of the Board.

B. For unpermitted facilities, authorized employees or

representatives, upon presentation of a credential and, if

necessary, a proper warrant shall have:

1. A right of entry to, upon, or through any private or public

premises upon which an effluent or sludge source is or may be

located or in which any records are required to be maintained;

2. A right of entry for the purpose of investigating

complaints;

Oklahoma Statutes - Title 2. Agriculture

3. Access, at any reasonable time, for the purposes of

reviewing and copying any records required to be maintained;

4. Authority to inspect any monitoring equipment, methods,

disposal systems, or other facilities or equipment as may be

required; and

5. Access for the purpose of inspecting and sampling any

effluent streams or any discharge of pollutants to waters of the

state or for inspection and sampling of any sludge source, storage,

beneficial use, reuse, or disposal site.

C. The Director shall not issue a discharge permit if the

permit:

1. Would authorize the discharge of a radiological, chemical,

or biological warfare agent, or high-level radioactive waste;

2. Would result, in the judgment of the United States Secretary

of the Army acting through the Chief of Engineers, in the

substantial impairment of anchorage and navigation of any waters of

the United States as those waters are defined in the federal Clean

Water Act;

3. Is objected to in writing by the Administrator of the United

States Environmental Protection Agency or designee, pursuant to any

right to object which is granted to the Administrator under Section

402(d) of the federal Clean Water Act; or

4. Would authorize a discharge from a point source which is in

conflict with a plan approved under Section 208(b) of the federal

Clean Water Act.

D. 1. Any records, reports, or information obtained pursuant

to this section shall be available to the public, except that upon

submission of sufficient evidence showing that records, reports, or

information, or particular parts thereof, other than effluent data,

if made public, would divulge methods or processes entitled to

protection as trade secrets of that person, the record, report, or

information, or particular portion, shall be considered confidential

in accordance with the purposes of the federal Uniform Trade Secrets

Act.

2. Nothing in this section shall prohibit the Department or an

authorized representative of the Department including, but not

limited to, any authorized contractor, from disclosing records,

reports, or information to other officers, employees, or authorized

representatives of the State of Oklahoma or the United States

concerned with carrying out provisions of state or federal law under

their respective jurisdictions or within their respective

authorities.

3. Any records, reports, or information required to be

submitted for permitting, compliance, or review that would not be

considered confidential by the Environmental Protection Agency shall

not be kept confidential pursuant to this subsection.

Oklahoma Statutes - Title 2. Agriculture

E. 1. The Board shall promulgate standard precautions for the

prevention of the transmission of communicable diseases to humans

and animals to be used when inspecting animal feeding operations.

2. Except for emergency situations or when enforcement of a

permit requires the use of the standard precautions, Department

employees shall observe the health standards and sanitary

requirements of the facility.

Added by Laws 2005, c. 292, § 8, eff. July 1, 2005.

§2-2A-8. Rules for storm water discharges.

The State Board of Agriculture shall promulgate rules which

prescribe permit requirements applicable to discharges composed

entirely of storm water that shall at a minimum meet federal law.

The rules may require permits on a case-by-case basis, exempt

categories of discharges, or provide a schedule for obtaining the

permit. The Board shall have promulgated rules for storm water

discharges which comply with Environmental Protection Agency

requirements for approval of the state National Pollutant Discharge

Elimination Systems program no later than the date that the

Department is to receive authorization to administer a state

National Pollutant Discharge Elimination System program.

Added by Laws 2005, c. 292, § 9, eff. July 1, 2005.

§2-2A-9. Violations of act, permit, rule or order - Recovery of

damages - Right of intervention - Notice - Hearings - Penalties Review.

A. Whenever there are reasonable grounds to believe that there

has been a violation of any of the provisions of the Oklahoma

Agriculture Pollutant Discharge Elimination System Act, any permit,

any rule, or any order of the Director of the Agriculture Pollutant

Discharge Elimination System, the Director shall have the authority

and powers to proceed as specified in the Administrative Procedures

Act unless otherwise provided herein. However, provisions of this

section for written notice, enforcement hearing, and administrative

orders shall not be conditions precedent for seeking action in the

district court as provided by the Oklahoma Agriculture Pollutant

Discharge Elimination System Act or other applicable provisions of

law.

B. The Oklahoma Agriculture Pollutant Discharge Elimination

System Act shall not in any way impair or in any way affect the

right of a person to recover damages for pollution that are

otherwise allowed by law in a court of competent jurisdiction.

C. Any person having any interest connected with the geographic

area or waters or water system affected, including but not limited

to any health, environmental, pecuniary, or property interest, which

interest is or may be adversely affected, shall have the right to

intervene as a party in any administrative proceeding before the

Oklahoma Statutes - Title 2. Agriculture

Department, or in any civil proceeding, relating to violations of

the Oklahoma Agriculture Pollutant Discharge Elimination System Act

or rules, permits or orders issued hereunder.

D. Whenever, on the basis of any information available, the

Department finds that any person regulated by the Department is in

violation of any act, rule, order, permit, condition or limitation

implementing the Oklahoma Agriculture Pollutant Discharge

Elimination System Act, or any previously issued discharge permit,

the Director may issue an order requiring the person or entity to

comply with the provision or requirement, commence appropriate

administrative enforcement proceedings, or bring a civil action.

Provided, however, the issuance of a compliance order or denial,

placing on probation, reinstatement, suspension or revocation of a

permit shall not be considered a condition precedent to the accrual

or imposition of penalties or fines in any administrative, civil, or

criminal proceeding.

E. 1. A copy of any order issued pursuant to this section

shall be sent immediately to the violator. In any case in which an

order or notice to a violator is issued to a corporation, a copy of

the order shall be served on any appropriate individual officers or

service agents.

2. Any order issued pursuant to this section shall state with

reasonable specificity the nature of the violation, and shall

specify a time for compliance not to exceed thirty (30) days in the

case of a violation of an interim compliance schedule or operation

and maintenance requirement and not to exceed a reasonable time in

the case of a violation of a final deadline, taking into account the

seriousness of the violation and any good faith efforts to comply

with applicable requirements. Any order or notice issued by the

Director may be served in any manner allowed by Oklahoma Rules of

Civil Procedure applicable to a civil summons.

F. 1. Whenever on the basis of any information available the

Director finds that any person regulated by the Department has

violated any of the provisions of the Oklahoma Agriculture Pollutant

Discharge Elimination System Act, or any permit, rule, order or

condition or limitation implementing any of these sections, or

previously issued discharge permit or related order, the Director

may assess, after providing notice and opportunity for an

enforcement hearing to the alleged violator, an administrative fine

of not more than Ten Thousand Dollars ($10,000.00) per day for each

violation.

2. The total amount of the administrative fine shall not exceed

One Hundred Twenty-five Thousand Dollars ($125,000.00) per

violation. In determining the amount of any penalty assessed under

this subsection, the Director shall take into account the nature,

circumstances, extent and gravity of the violation, or violations,

and, with respect to the violator, the ability to pay, any prior

Oklahoma Statutes - Title 2. Agriculture

history of violations, the degree of culpability, the economic

benefit savings, if any, resulting from the violation, and any other

matters as justice may require. For purposes of this subsection, a

single operational upset which leads to simultaneous violations of

more than one pollutant parameter shall be treated as a single

violation.

3. Enforcement hearings shall be conducted in accordance with

the procedures set out in the Administrative Procedures Act.

G. 1. The Director is authorized to commence a civil action

for appropriate relief, including a permanent or temporary

injunction, for any violation for which the Director is authorized

to issue a compliance order under subsection D of this section.

2. Any person who violates any provision of the Oklahoma

Agriculture Pollutant Discharge Elimination System Act, any permit

condition or limitation implementing any of such provisions in a

permit issued under the Oklahoma Agriculture Pollutant Discharge

Elimination System Act, and any person who violates any order issued

by the Director under subsection D of this section, shall be subject

to a civil penalty not to exceed Ten Thousand Dollars ($10,000.00)

per day for each violation.

3. In determining the amount of the civil penalty, the court

shall consider the seriousness of the violation or violations, the

economic benefit, if any, resulting from the violation, any history

of violations, any good faith efforts to comply with the applicable

requirements, the economic impact of the penalty on the violator,

and any other matters as justice may require. For purposes of this

subsection, a single operational upset which leads to simultaneous

violations of more than one pollutant parameter shall be treated as

a single violation.

4. Any action pursuant to this subsection may be brought in the

district court for the district in which the property or defendant

is located or defendant resides or is doing business, and the court

shall have jurisdiction to restrain any violation and to require

compliance.

5. The prior revocation of a permit shall not be a condition

precedent to the filing of a civil action under the Oklahoma

Agriculture Pollutant Discharge Elimination System Act.

H. 1. Any person who violates any provision of this act, any

order of the Director, or any condition or limitation in a permit

issued pursuant to this act may be punishable by a fine of not less

than Five Hundred Dollars ($500.00) nor more than Ten Thousand

Dollars ($10,000.00) per day for each violation, or by imprisonment

for not more than six (6) months for each violation, or both.

2. Any person who knowingly makes any false material statement,

representation, or certification in, omits material data from, or

tampers with any application, notice, record, report, plan, or other

document filed or required to be maintained under the Oklahoma

Oklahoma Statutes - Title 2. Agriculture

Agriculture Pollutant Discharge Elimination System Act or who

knowingly falsifies, tampers with, or renders inaccurate any

monitoring device or method required to be maintained under the

Oklahoma Agriculture Pollutant Discharge Elimination System Act,

shall be punishable, upon conviction, by a fine of not more than Ten

Thousand Dollars ($10,000.00) per day for each violation, or by

imprisonment for not more than two (2) years, or by both. If a

conviction of a person is for a violation committed after a first

conviction of that person under this paragraph, punishment shall be

by a fine of not more than Twenty Thousand Dollars ($20,000.00) per

day for each violation, or by imprisonment for not more than four

(4) years, or by both. In addition, the Director shall deny

issuance of the permit or require submission of a new application.

3. For purposes of this subsection, a single operational upset

which leads to simultaneous violations of more than one pollutant

parameter shall be treated as a single violation.

I. 1. Whenever, on the basis of information available, the

Department finds that an owner or operator of any source is

introducing a pollutant into a treatment works in violation of the

Oklahoma Agriculture Pollutant Discharge Elimination System Act or

any requirement, rule, permit, or order issued under this act, the

Department shall notify the owner or operator of the treatment works

of the violation.

2. If the operator of the treatment works does not commence

appropriate enforcement action within thirty (30) days of the date

of the notification, the Department may commence a civil action for

appropriate relief, including but not limited to a permanent or

temporary injunction, against the owner or operator of the treatment

works.

3. In the civil action, the Department shall join the operator

of the source as a party to the action.

4. The action shall be brought in the district court in the

county in which the treatment works is located.

5. The court shall have jurisdiction to restrain the violation

and to require the operator of the treatment works and the operator

of the source to take any action as may be necessary to come into

compliance with the Oklahoma Agriculture Pollutant Discharge

Elimination System Act.

6. Nothing in this subsection shall be construed to limit or

prohibit any other authority the Department may have under this

section.

J. 1. Any person against whom an administrative compliance or

penalty order is issued under this section may obtain review of the

order by filing a petition for review in district court pursuant to

the Oklahoma Administrative Procedures Act. The court shall not

impose additional civil penalties for the same violation unless the

assessment of the penalty constitutes an abuse of discretion. No

Oklahoma Statutes - Title 2. Agriculture

stay of an administrative penalty order shall be granted until the

amount of penalty assessed has been deposited with the reviewing

district court pending resolution of the petition for review.

2. If any person fails to pay an assessment of an

administrative penalty:

a. after the order making the assessment has become final,

or

b. after a court in an action brought under paragraph 1 of

this subsection has entered a final judgment in favor

of the Department, as the case may be,

a civil action may be brought in an appropriate district court to

recover the amount assessed plus interest at currently prevailing

rates from the date of the final order or the date of the final

judgment, as the case may be. In such an action, the validity,

amount, and appropriateness of the penalty shall not be subject to

review.

3. Any person who fails to pay on a timely basis the amount of

an assessment of an administrative or civil penalty shall be

required to pay, in addition to the amount and interest, attorney

fees and costs for the collection proceeding and a quarterly

nonpayment penalty for each quarter during which the failure to pay

persists. The nonpayment penalty shall be in an amount equal to

twenty percent (20%) of the aggregate amount of the penalties of the

person and nonpayment penalties which are unpaid as of the beginning

of the quarter.

K. 1. The Attorney General or the district attorney of the

appropriate district court of Oklahoma may bring an action in a

court of competent jurisdiction for the prosecution of a violation

by any person of a provision of this act, any rule, any order of the

Director, or any condition or limitation in a permit issued pursuant

to this act.

2. Any action for injunctive relief to redress or restrain a

violation of any person of a provision of this act, any rule, any

order of the Director, or any condition or limitation in a permit

issued pursuant to this act or recovery of any administrative or

civil penalty assessed may be brought by:

a.

the district attorney of the appropriate district

court of the State of Oklahoma,

b.

the Attorney General on behalf of the State of

Oklahoma, or

c.

the Department on behalf of the State of Oklahoma.

3. It shall be the duty of the Attorney General and district

attorney if requested by the Director to bring such action.

Added by Laws 2005, c. 292, § 10, eff. July 1, 2005.

§2-2A-10. Application for permit - Compliance with local

ordinances, rules or requirements.

Oklahoma Statutes - Title 2. Agriculture

A. For permits or other authorizations required pursuant to the

Oklahoma Agricultural Code, applicants shall file applications in

the form and manner established by the Oklahoma Department of

Agriculture, Food, and Forestry. The Department shall review the

applications as filed and subsequently amended or supplemented. Any

permit issued or authorization granted may include conditions.

B. Permits and other authorizations required pursuant to the

Oklahoma Agriculture Pollutant Discharge Elimination System Act may

contain provisions requiring that operations shall be in compliance

with municipal and other local government ordinances, rules, and

requirements. A determination or certification that the operations

under the requested permit or authorization conform or comply with

those ordinances, rules, or requirements, the enforcement of which

is not within the jurisdiction or authority of the Department, shall

not be considered by the Department in its review and approval or

denial of a permit or authorization.

Added by Laws 2005, c. 292, § 11, eff. July 1, 2005.

§2-2A-21. Short title.

Sections 12 through 20 of this act shall be known and may be

cited as the “Oklahoma Agriculture Environmental Permitting Act”.

Added by Laws 2005, c. 292, § 12, eff. July 1, 2005.

§2-2A-22. Definitions.

For the purposes of the Oklahoma Agriculture Environmental

Permitting Act:

1. “Application” means a document or set of documents, filed

with the Oklahoma Department of Agriculture, Food, and Forestry for

the purpose of receiving a permit or the modification, amendment, or

renewal thereof from the Department. The term “application”

includes any subsequent additions, revisions, or modifications

submitted to the Department that supplement, correct, or amend a

pending application;

2. “Draft permit” means a draft document prepared by the

Department after it has found a Tier II or III application for a

permit to be administratively and technically complete and that the

application may warrant the issuance, modification, or renewal of

the permit;

3. “Permit” means a permission required by law and issued by

the Department, the application for which has been classified as

Tier I, II, or III by the State Board of Agriculture. The term

“permit” includes but is not limited to:

a.

specific types of permits and other Department

authorizations including certifications,

registrations, licenses, and plan approvals,

b.

general permits and notices of intent for coverage by

a general permit, and

Oklahoma Statutes - Title 2. Agriculture

c.

an approved variance from a promulgated rule; however,

for existing facilities the Department may require

additional notice and public participation

opportunities for variances posing the potential for

increased risk;

4. “Process meeting” means a meeting open to the public which

is held by the Department to explain the permitting process and the

public participation opportunities applicable to a specific Tier III

application;

5. “Proposed permit” means a document, based on a draft permit

and prepared by the Department after consideration of comments

received on the draft permit, that indicates the decision of the

Department to issue a final permit pending the outcome of an

administrative permit hearing, if any;

6. “Qualified interest group” means any organization with

twenty-five or more members who are Oklahoma residents;

7. “Response to comments” means a document prepared by the

Department after its review of timely comments received on a draft

denial or draft permit pursuant to public comment opportunities

which:

a.

specifies any provisions of the draft permit that were

changed in the proposed or final permit and the

reasons for the changes, and

b.

briefly describes and responds to all significant

comments raised during the public comment period or

any hearing regarding the draft denial or draft

permit;

8. “Tier I” means a basic process of permitting that includes

application, notice to the landowner, and Department review. For

the Tier I process, a permit shall be issued or denied by a

technical supervisor of the reviewing Division or local

representative of the Department provided the authority has been

delegated by the Director;

9. “Tier II” means a process of permitting which includes:

a.

the Tier I process,

b.

published notice of application filing,

c.

preparation of the draft permit or draft denial,

d.

published notice of the draft permit or draft denial

and opportunity for a formal public meeting, and

e.

public meeting, if any.

For the Tier II process, a permit shall be issued or denied by

the supervisor of the reviewing Division provided the authority has

been delegated thereto by the Director; and

10. “Tier III” means an expanded process of permitting which

includes:

Oklahoma Statutes - Title 2. Agriculture

a.

(1)

the Tier II process, except the notice of filing,

shall also include an opportunity for a process

meeting,

(2) preparation of the response of the Department to

comments, and

(3) denial of application, or

b.

preparation of a proposed permit, the published notice

of availability of the proposed permit and the

response to comments and of the opportunity for an

administrative permit hearing, and an administrative

permit hearing, if any.

For the Tier III process, a permit shall be issued or denied by

the Director.

Added by Laws 2005, c. 292, § 13, eff. July 1, 2005.

§2-2A-23. Rules designating application tiers.

A. The State Board of Agriculture shall have the authority to

promulgate rules to implement the Oklahoma Agriculture Environmental

Permitting Act for each tier that will to the greatest extent

possible:

1. Enable applicants to follow a consistent application

process;

2. Ensure that uniform public participation opportunities are

offered;

3. Provide for uniformity in notices required of applicants;

and

4. Set forth procedural application requirements.

B. The rules shall designate applications as Tier I, II, or III

and shall at a minimum be consistent with federal law. In making

these determinations, the Board shall consider information and data

offered on:

1. The significance of the potential impact of the type of

activity on the environment;

2. The amount, volume, and types of waste proposed to be

accepted, stored, treated, disposed, discharged, emitted, or land

applied;

3. The degree of public concern traditionally connected with

the type of activity;

4. The federal classification, if any, for the proposed

activity, operation, or type of site or facility; and

5. Any other factors relevant to the determinations.

C. For purposes of this section, the Board shall ensure that

designations are, at a minimum, consistent with any analogous

classifications set forth in applicable federal programs.

D. The rules for each tier shall:

1. Set forth uniform procedures for filing an application;

Oklahoma Statutes - Title 2. Agriculture

2. Contain specific uniform requirements for each type of

notice and public participation or hearing opportunities required by

the Oklahoma Agriculture Environmental Permitting Act;

3. Contain other provisions needed to implement and administer

the Oklahoma Agriculture Pollutant Discharge Elimination System Act;

and

4. Designate positions to which the Director may delegate, in

writing, the power and duty to issue, renew, amend, modify, and deny

permits.

Added by Laws 2005, c. 292, § 14, eff. July 1, 2005.

§2-2A-24. Powers and duties of Department.

A. The Oklahoma Department of Agriculture, Food, and Forestry

is hereby authorized to implement and enforce the provisions of the

Oklahoma Agriculture Environmental Permitting Act and rules

promulgated thereunder.

B. In addition to authority under the Oklahoma Agricultural

Code, the Department shall have the power and duty to:

1. Evaluate applications for administrative and technical

completeness pursuant to requirements of the Oklahoma Agricultural

Code and rules promulgated thereunder and, when necessary to

determine the completeness, request changes, revisions, corrections,

or supplemental submissions;

2. Evaluate notices related to applications for sufficiency of

content and compliance and require that omissions or inaccuracies be

cured;

3. Consider timely and relevant comments received;

4. Prepare responses to comments, draft and final denials, and

draft, proposed, and final permits;

5. Cooperate with federal agencies;

6. Consolidate processes related to multiple, pending

applications filed by the same applicant for the same facility or

site in accordance with rules of the State Board of Agriculture; and

7. Otherwise exercise all incidental powers as necessary and

proper to implement the provisions of the Oklahoma Agriculture

Environmental Permitting Act and promulgate rules.

Added by Laws 2005, c. 292, § 15, eff. July 1, 2005.

§2-2A-25. Tier II or III applications - Publication of notice of

filing - Process meeting on Tier III applications.

A. Upon filing a Tier II or III application with the Oklahoma

Department of Agriculture, Food, and Forestry, the applicant shall

publish notice of the filing as legal notice in one newspaper of

general circulation local to the proposed new site or existing

facility. The publication shall identify public locations where the

application may be reviewed, including a public location in the

county where the proposed new site or existing facility is located.

Oklahoma Statutes - Title 2. Agriculture

B. For Tier III applications, the publication shall also

include notice of a thirty-day opportunity to request, or give the

date, time and place for, a process meeting on the permitting

process. If the Department receives a timely request and determines

that a significant degree of public interest in the application

exists pursuant to rules of the Department, it shall schedule and

hold the meeting. The applicant shall be entitled to attend the

meeting and may make a brief presentation on the permit request.

Any local community meeting regarding the proposed facility or

activity for which a permit is sought that is scheduled and held by

the applicant may be combined, with the agreement of the Department

and the applicant, with the process meeting authorized by this

paragraph.

C. The provisions of this section shall not stay the review of

the application by the Department.

Added by Laws 2005, c. 292, § 16, eff. July 1, 2005.

§2-2A-26. Tier II or III applications - Draft denial or permit.

A. Upon conclusion of its technical review of a Tier II or III

application within the permitting timeframes established by rules

promulgated by the State Board of Agriculture, the Oklahoma

Department of Agriculture, Food, and Forestry shall prepare a draft

denial or draft permit.

1. Notice of a draft denial shall be given by the Department

and notice of a draft permit shall be given by the applicant.

2. Notice of the draft denial or draft permit shall be

published as legal notice in one newspaper of general circulation

local to the proposed new site or existing facility. The notice

shall identify public locations where the draft denial or draft

permit may be reviewed, including a public location in the county

where the proposed new site or existing facility is located, and

shall provide for a set time period for public comment and for the

opportunity to request a formal public meeting on the respective

draft denial or draft permit. The time period shall be set at least

thirty (30) calendar days after the date the notice is published

unless a longer time is required by federal regulations promulgated

as rules by the Board. In lieu of the notice of opportunity to

request a public meeting, notice of the date, time, and place of a

public meeting may be given, if previously scheduled.

B. Upon the publication of notice of a draft permit, the

applicant shall make the draft permit and the application, except

for proprietary provisions otherwise protected by law, available for

public review at a public location in the county where the proposed

new site or existing facility is located.

Added by Laws 2005, c. 292, § 17, eff. July 1, 2005.

§2-2A-27.

Public meeting on draft denial or permit.

Oklahoma Statutes - Title 2. Agriculture

A. Pursuant to the rules of the Oklahoma Department of

Agriculture, Food, and Forestry, the Department shall promptly

schedule and hold a formal public meeting if the Department receives

timely written request for the meeting on the draft denial or draft

permit.

B. Notice of the meeting shall be given to the public at least

thirty (30) calendar days prior to the meeting date.

C. The public meeting shall be held at a location convenient to

and near the proposed new site or existing facility not more than

one hundred twenty (120) calendar days after the date notice of the

draft denial or draft permit was published.

D. At the meeting, any person may submit oral or written

statements and data concerning the draft denial or permit.

E. The public comment period shall automatically be extended to

the close of the public meeting. Upon good cause shown, the

presiding officer may extend the comment period further to a date

certain by so stating at the meeting.

F. The meeting shall not be a quasi-judicial proceeding.

G. The applicant or a representative of the applicant may be

present at the meeting to respond to questions.

Added by Laws 2005, c. 292, § 18, eff. July 1, 2005.

§2-2A-28. Tier II applications - Final permit - Response to

comments - Tier III applications - Proposed permit - Notice and

hearing - Final denial or permit.

A. For draft permits or draft denials for Tier II applications

on which no comment or public meeting request was received in a

timely manner and on which no public meeting was held, the final

permit shall be issued or denied.

B. For draft permits or draft denials for Tier II applications

on which comment or a public meeting request was received in a

timely manner or on which a public meeting was held, the Oklahoma

Department of Agriculture, Food, and Forestry, after considering the

comments, shall prepare a response to comments and issue the draft

permit as is or as amended or make final denial.

C. The response to comments shall be prepared within ninety

(90) working days after the close of the public comment period

unless extended by the Director upon a determination that additional

time is required due to circumstances outside the control of the

Department. Circumstances may include, but shall not be limited to,

an act of God, a substantial and unexpected increase in the number

of applications filed, additional review duties imposed on the

Department from an outside source, or outside review by a federal

agency.

D. 1. For a draft permit for a Tier III application, after the

public comment period and the public meeting, if any, the Department

shall prepare a response to any comments received in a timely manner

Oklahoma Statutes - Title 2. Agriculture

and either issue a final denial in accordance with paragraph 5 of

this subsection or prepare a proposed permit.

2. When a proposed permit is prepared, the applicant shall

publish notice, as legal notice in one newspaper of general

circulation local to the proposed new site or existing facility, of

the tentative decision of the Department to issue the permit. The

notice shall identify the locations where the proposed permit and

the response of the Department to comments may be reviewed,

including a public location in the county where the proposed new

site or existing facility is located and shall offer a twentyworking-day opportunity to request an administrative hearing to

participate in as a party.

3. The Department shall ensure that any additional notice

requirements as otherwise provided by law are followed.

4. The opportunity to request a hearing shall be available to

the applicant and any person or qualified interest group that

alleges that the operation may have a direct, substantial, and

immediate effect upon the health, environmental, pecuniary, or

property interest or upon the legal interest of that person or

qualified interest group.

5. If no written administrative hearing request is received by

the Department by the end of twenty (20) working days after the

publication date of the notice, the final permit shall be issued.

6. If the final decision of the Department is to deny the

permit, it shall give notice to the applicant and issue a final

denial in accordance with subsection G of this section.

E. 1. When an administrative hearing is requested in a timely

manner on a proposed permit in accordance with subsection C of this

section, all timely requests shall be combined in a single hearing.

The hearing shall be a quasi-judicial proceeding and shall be

conducted by an administrative law judge in accordance with the

Administrative Procedures Act, the Oklahoma Agricultural Code, and

rules promulgated by the State Board of Agriculture.

2. The applicant shall be a party to the hearing.

3. The Department shall hold a scheduling conference within

sixty (60) calendar days after the end of the hearing request

period.

4. The Department shall move promptly to an evidentiary

proceeding in which parties shall have the right to present evidence

before the Department on whether the proposed permit and the

technical data, models and analyses, and information in the

application upon which the proposed permit is based are in

substantial compliance with applicable provisions of the Oklahoma

Agricultural Code and rules promulgated thereunder and whether the

proposed permit should be issued as is, amended and issued, or

denied.

Oklahoma Statutes - Title 2. Agriculture

5. Failure of any party to participate in the administrative

proceeding with good faith and diligence may result in a default

judgment with regard to that party; provided, however, that no final

permit shall be issued solely on the basis of any such judgment.

F. If the Department decides to reverse its initial draft

decision, it shall withdraw the draft denial or draft permit and

prepare a draft permit or draft denial, as appropriate. Notice of

the withdrawal of the original draft and preparation of the revised

draft shall be given as provided in Section 15 of this act. The

Department then shall reopen the comment period and provide

additional opportunity for a formal public meeting on the revised

draft as described in Section 18 of this act.

G. Upon final issuance or denial of a permit for a Tier III

application, the Department shall provide public notice of the final

permit decision and the availability of the response to comments, if

any.

H. Any appeal of a Tier III final permit decision or any final

order connected to it shall be made in accordance with the

provisions of the Oklahoma Agricultural Code and the Administrative

Procedures Act. Any appeal shall be limited to the participants of

the administrative proceedings.

I. Any applicant, within ten (10) days after final denial of

the application for a new original permit on which no final order

was issued, may petition the Department for reconsideration on the

grounds stated in the Administrative Procedures Act as if the denial

was an order. Disposition of the petition shall be by order of the

Director according to the Administrative Procedures Act.

Added by Laws 2005, c. 292, § 19, eff. July 1, 2005.

§2-2A-29. General permits.

For common and routine permit applications, the Oklahoma

Department of Agriculture, Food, and Forestry may expedite the

permitting process by issuing permits of general applicability,

hereafter identified as general permits. General permits shall be

subject to all the Tier II administrative procedures including the

public participation requirements. The administrative process for

rulemaking shall not be applicable to the issuance of general

permits. Individual applicants may obtain authorization through the

Tier I process to conduct an activity covered by a general permit.

General permits are limited to activities under the Tier I and Tier

II classifications.

Added by Laws 2005, c. 292, § 20, eff. July 1, 2005.

§2-3-1.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-2.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

Oklahoma Statutes - Title 2. Agriculture

§2-3-11.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-12.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-13.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-14.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-15.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-16.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-17.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-18.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-19.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-20.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-21.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-22.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-23.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-24.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-25.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

Oklahoma Statutes - Title 2. Agriculture

§2-3-26.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-27.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-28.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-29.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-30.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-31.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-32.1. Definitions.

As used in this subarticle:

1. “Broker” means any person who negotiates the purchase or

sale of any nursery stock. A broker may or may not handle the

nursery stock or the proceeds of a sale;

2. “Certificate” means a document authorized or prepared by a

duly authorized federal or state regulatory official that affirms,

declares, or verifies that an article, nursery stock, plant,

product, shipment, or any other officially regulated items meet

phytosanitary, quarantine, nursery inspection, pest freedom, plant

registration or certification, or any other set of legal

requirements;

3. “Compliance agreement” means any written document between a

person and the Oklahoma Department of Agriculture, Food, and

Forestry or the United States Department of Agriculture to achieve

compliance with any set of requirements being enforced by the

Department;

4. “Cultivar” means a horticulturally, silviculturally, or

agriculturally derived cultivated variety of a plant, as

distinguished from a natural variety;

5. “Dealer" means any person who sells, brokers, or distributes

nursery stock that was not grown from seeds, cuttings, liners, or

similar propagative material by that person but was bought, received

on consignment, or acquired and in the person’s possession for the

purposes of resale;

6. “Facilities" means and includes all buildings, greenhouses,

storage places, cellars, pits, trenches, bins, containers, packing

materials, crates, packing rooms, display bins, refrigerators, ice

boxes, and any other structures and materials used in storing,

Oklahoma Statutes - Title 2. Agriculture

transporting, and distributing nursery stock. The nursery, dealer,

or agent shall maintain the facilities as are necessary for the

proper care and conservation of nursery stock;

7. “Grower” means any person who raises, grows, or propagates

for profit or other reasons any nursery stock or plant;

8. “Heel yard” means any plant holding area;

9. "Horticulture" means the discipline of agriculture science

relating to the cultivation of gardens or orchards, including, but

not limited to the growing of vegetables, flowers, and ornamental

trees and shrubs;

10. “Landscaper” means a person who purchases nursery stock and

offers that stock for sale or planting through landscape services

and typically does not hold and maintain plants in a heel yard or

nursery;

11. “Native species” means a species that, other than due to an

introduction, historically occurred or currently occurs in that

ecosystem;

12. "Nursery” means and includes any field, ground, greenhouse,

bin, pit, plot, or premise where nursery or floral stock is grown,

propagated, or sold;

13. “Nursery operator” means the person who owns, leases,

manages, or is in control of a nursery, and any person who is a

grower of nursery stock;

14. “Nursery stock” means and includes, whether in field or

container, all trees, shrubs, vines, rosebushes, turfgrass,

cuttings, grafts, scions, fruit pits, herbaceous plants, evergreens

and other ornamental trees, bushes, collected wild plants and trees,

decorative plants, tropical plants, flowering plants, bedding

plants, vegetable plants for transplanting, aquatic plants, roots,

corms, rhizomes, bulbs, and ferns grown for propagation, all packing

materials, and other things used in the handling, storing, crating,

and shipping of nursery stock. “Nursery stock” does not include cut

Christmas trees, wreaths, seeds, vegetables or fruits, agronomic

crops, cut or dried flowers, and cut or dried herbs;

15. “Phytosanitary certificate” means a document issued by the

Department indicating that the specified live plants or plant

products comply with the legal requirements of the importing state

or country. The document may be either a State Phytosanitary

Certificate or Federal Phytosanitary Certificate;

16. “Place of business” means each separate store, stand, sales

lot, or any other place at or from which nursery stock is being sold

or offered for sale;

17. “Plant pest” means any pest known to cause damage or harm

to plants, agricultural commodities, horticultural products, nursery

stock, silvicultural interests, or the environment. Plant pest

includes, but is not limited to, insects, snails, nematodes, fungi,

Oklahoma Statutes - Title 2. Agriculture

viruses, bacterium, microorganisms, mycoplasma-like organisms,

weeds, plants, or other parasitic higher plants;

18. “Sales location” means any principal business location

where nursery stock is sold directly to a customer;

19. “Sell” means to offer for sale, expose for sale, possess

for sale, exchange, barter, or trade;

20. "Silviculture" means the development and care of forests;

21. “Stop sale” means a legal document issued by the State

Board of Agriculture that prevents the production of or sale of

nursery stock due to an infestation of a plant pest; and

22. “Turfgrass sod” means a strip or section of one or more

grasses or other plants acceptable for lawn plantings which, when

severed from its growing site, contains sufficient plant roots to

remain intact, and does not contain weeds in excess of the amount

specified by the Board.

Added by Laws 2000, c. 367, § 1, emerg. eff. June 6, 2000. Amended

by Laws 2007, c. 200, § 1, eff. Nov. 1, 2007.

§2-3-32.2. Inspections - Notices of violations - Seizure or

destruction of stock - Treatment of diseased plants - Rules and

regulations.

A. 1. The Oklahoma Department of Agriculture, Food, and

Forestry shall have the authority to inspect any orchard, fruit,

garden, park, cemetery, private premises, public place, or any place

that may be infested with a plant pest that may be a threat to

plants belonging to other property owners or the health or safety of

the general public.

2. The Department may inspect any nursery stock, shipping

documents, treatment records, sales records, or other relevant

documents of any person, whether licensed with the Department or

not, to determine the distribution of nursery stock.

3. The Department may take samples removed of nursery stock in

order to determine compliance with this subarticle. If the

Department finds that the samples are not in compliance with this

subarticle, the Department’s finding shall be considered prima facie

evidence that a violation has occurred.

B. The Department shall have the authority to issue notices of

violation, citations, compliance orders, conditional orders, stop

sales orders, stop work orders, quarantines, or any other order

authorized pursuant to the Oklahoma Agricultural Code.

C. Any nursery stock distributed, sold, or offered for sale

within this state or delivered for transportation or transported in

intrastate or interstate commerce may be seized or caused to be

destroyed by the Department in any county of the state where it may

be found if:

Oklahoma Statutes - Title 2. Agriculture

1. The nursery stock is devitalized or infested with a plant

pest and may become a threat to plants belonging to other persons or

the health, safety, or welfare of the general public; or

2. The nursery stock does not bear the proper certificate,

plant tag information, or the required inspection or shipping

information.

D. The Department shall also have the authority to order the

owner, occupant, or person in charge to take any necessary action

including, but not limited to, the proper treatment or destruction

of infested or diseased plants pursuant to the Oklahoma Agricultural

Code and the Administrative Procedures Act.

E. For the purpose of securing uniformity of rules, no city,

town, county, or other political subdivision of this state shall

adopt or continue in effect any ordinance, rule, regulation, or

statute regarding nursery stock sales or distribution that is more

stringent than the rules of the State Board of Agriculture.

Added by Laws 2000, c. 367, § 2, emerg. eff. June 6, 2000. Amended

by Laws 2007, c. 200, § 2, eff. Nov. 1, 2007.

§2-3-32.3. Plant pests - Sale - Notice.

A person shall not knowingly propagate, sell, or offer for sale

any nursery stock infested or infected with any plant pest. If the

State Board of Agriculture finds any plant pest at any nursery or

dealer’s facility, the Board shall notify the owner or person in

control of the nursery or facility in writing. The Board shall

issue a stop sale until treatment or destruction of the plant pest

on nursery stock or in the facility is completed. No damages shall

be awarded to the owner for the loss of infested or infected trees,

plants, shrubs, or other plant material destroyed as a result of an

order of the Board.

Added by Laws 2000, c. 367, § 3, emerg. eff. June 6, 2000.

§2-3-32.4. Nursery stock shipments - Inspection certificates.

All nursery stock shipped into Oklahoma shall have a certificate

on each package stating that the contents were inspected by an

authorized inspecting officer and that the contents appear free from

plant pests. The State Board of Agriculture shall have the

authority to inspect all nursery stock. The Board shall have the

authority to order any nursery stock which may be infested with any

plant pests destroyed or returned to the consignor at the

consignor’s expense.

Added by Laws 2000, c. 367, § 4, emerg. eff. June 6, 2000.

§2-3-32.5. Vegetable plants and transplants - Identification.

All vegetable plants or transplants in flats, crates, baskets or

containers, regardless of origin, shall have affixed to the outside,

a tag bearing:

Oklahoma Statutes - Title 2. Agriculture

1. The name and address of the grower or dealer for whom this

inspection was conducted, except at the grower's location; and

2. The variety and/or cultivar name under which the vegetable

plants are sold.

Added by Laws 2000, c. 367, § 5, emerg. eff. June 6, 2000.

§2-3-32.6. Turfgrass sod - Identification.

A. A seller of turfgrass sod shall be required to state on the

sales contract, invoice, or bill of lading the following

information:

1. The variety and the named blend or mixture of turfgrass; and

2. Each different lot of harvested turfgrass sod shall be

identified by a sign stating the variety, kinds, or name blend or

mixture as stated on the invoice or bill of lading from the shipper

when offered or exposed for sale.

B. All growers shall provide the legal description of all

growing fields of sod to the State Department of Agriculture.

Added by Laws 2000, c. 367, § 6, emerg. eff. June 6, 2000.

§2-3-32.7. Licenses - Inspection fees.

A. The fee for each grower or dealer, license issued or renewed

and inspection conducted shall be as follows:

1. Grower’s license fee - Twenty five Dollars ($25.00) for each

business location;

2. Grower’s inspection fee - One Dollar ($1.00) per acre or

1000 square feet of greenhouse area inspected; and

3. Dealer’s license fee - Thirty eight Dollars ($38.00) for

each business location.

B. No fee shall be charged for a grower's license issued to any

scientific, agricultural, or horticultural club, educational or

eleemosynary institution, or any department or branch of the state

or federal government.

C. All licenses shall expire at a date to be determined by the

State Board of Agriculture. Failure to remit the license fee by the

15th of the month following the expiration month shall result in a

penalty fee equal to the cost of the license.

D. A person shall obtain a license prior to selling or dealing

in nursery stock.

E. All licenses are nontransferable upon any change of

ownership.

F. All penalties, fees, and monies collected under this program

shall be paid to the State Department of Agriculture and deposited

in the State Department of Agriculture Revolving Fund.

Added by Laws 2000, c. 367, § 7, emerg. eff. June 6, 2000.

§2-3-32.8.

Violations.

Oklahoma Statutes - Title 2. Agriculture

It shall be unlawful for any person to knowingly or willfully

violate any of the provisions of this subarticle or any rules of the

State Board of Agriculture by:

1. Misrepresenting to another their connection with a nursery,

or to:

a.

misrepresent the grade, character, variety, or quality

of any nursery stock,

b.

make a false declaration of acreage,

c.

conceal any nursery stock from inspection, or

d.

offer for sale nursery stock which is seriously or

substantially devitalized;

2. Failing to furnish the Oklahoma Department of Agriculture,

Food, and Forestry with true and exact copies of order forms,

contracts, and agreements with customers;

3. Failing to furnish each purchaser, upon request, a true and

correct invoice of each purchase, stating the variety, quality, age,

or size of the stock to which the invoice applies;

4. Selling, offering for sale, or distributing any nursery

stock infected or infested with a plant pest;

5. Selling, offering for sale, or distributing nursery stock

that is not healthy, sound, and capable of growth;

6. Failing to carry out treatment or destruction of nursery

stock as ordered by the Board;

7. Misrepresenting or falsifying information on a license

application;

8. Doing business without a valid license;

9. Allowing a license to be used by any person other than the

person to whom it was issued;

10. Failing to notify the Board of the legal description of all

growing locations of nursery stock or sod;

11. Failing to allow an authorized agent to complete an

inspection or collect adequate samples;

12. Selling nursery stock restricted by a stop sale order;

13. Selling, moving, or distributing nursery stock or other

material under a quarantine;

14. Mislabeling nursery stock by using the wrong common name or

botanical name;

15. Transporting any regulated article into the state from a

quarantined area of any other state or country when the article has

not been treated or handled as provided by the requirements of the

quarantine;

16. Interfering with, hindering, or impeding, by any method,

any authorized agent of the Board in the performance of duties;

17. Falsifying or using false information to ship nursery stock

out of Oklahoma into any other state in the United States or any

country outside of the United States or making a false statement

Oklahoma Statutes - Title 2. Agriculture

regarding the condition, quality, grade, character, variety, or

treatment used; or

18. Failing to comply with any order of the Board.

Added by Laws 2000, c. 367, § 8, emerg. eff. June 6, 2000. Amended

by Laws 2007, c. 200, § 3, eff. Nov. 1, 2007.

§2-3-32.9. Quarantines.

A. The State Board of Agriculture shall have the authority to

establish a quarantine and promulgate rules prohibiting or

restricting the transportation into or through Oklahoma from any

other state, country, territory, or district of any nursery stock,

or other article, of any character, capable of carrying plant pests

or other harmful pests.

B. The quarantine shall show the boundaries of the area or

place quarantined and the conditions of the quarantine.

C. The Board shall have the authority to promulgate rules for

the seizure, inspection, disinfection, destruction, or other

disposition of any nursery stock, plants, plant products, or other

article, of any character, capable of carrying harmful plant pests

or other harmful pests.

Added by Laws 2000, c. 367, § 9, emerg. eff. June 6, 2000. Amended

by Laws 2001, c. 146, § 133, emerg. eff. April 30, 2001.

§2-3-35.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-3-50.1. Short title.

This act shall be known and may be cited as the "Boll Weevil

Eradication Act".

Added by Laws 1993, c. 198, § 1, eff. Sept. 1, 1993. Amended by Laws

2006, c. 211, § 1, eff. Nov. 1, 2006.

§2-3-50.2. Declaration - Purpose.

A. The Anthonomus grandis Boheman, known as the boll weevil, is

hereby declared to be a public nuisance, a pest, and a menace to the

cotton industry. Due to the interstate nature of boll weevil

infestation, it is necessary to secure the cooperation of cotton

growers, other state governments, and agencies of the federal

government in order to carry out a program of boll weevil

eradication and posteradication maintenance and control.

B. The purpose of the Boll Weevil Eradication Act is to secure

and ensure on a continuing basis the eradication of the boll weevil.

Added by Laws 1993, c. 198, § 2, eff. Sept. 1, 1993. Amended by Laws

2006, c. 211, § 2, eff. Nov. 1, 2006.

§2-3-50.3. Definitions.

As used in the Boll Weevil Eradication Act:

Oklahoma Statutes - Title 2. Agriculture

1. "Board of directors" means the board of directors of the

Oklahoma Boll Weevil Eradication Organization elected pursuant to

the provisions of the Boll Weevil Eradication Act;

2. "Boll weevil" means the insect Anthonomus grandis Boheman,

in any stage of development, including the egg, larval, pupal and

adult stages;

3. "Commissioner" means the Commissioner of the Oklahoma

Department of Agriculture, Food, and Forestry or designee;

4. "Cotton" means a cotton plant or any part of it including

bolls, stalk, flowers, root, or leaves or cotton products such as

seed cotton, cottonseed, and hulls;

5. "Eligible cotton grower" means any person actively engaged

in the production of cotton either currently or in any two (2) of

the three (3) years immediately preceding the calling of an election

or a referendum;

6. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

7. “Eradicated area” means an area free of boll weevil;

8. "Host" means any plant or plant product in which the boll

weevil is capable of completing any portion of its life cycle;

9. "Infested" means the presence of the boll weevil in any life

stage or the existence of circumstances that make it reasonable to

believe that the boll weevil is present;

10. "Organization" means the Oklahoma Boll Weevil Eradication

Organization established pursuant to the provisions of the Boll

Weevil Eradication Act;

11. "Regulated article" means any article carrying or capable

of carrying the boll weevil, including but not limited to cotton

plants, seed cotton, gin trash, other hosts, or cotton harvesting

equipment; and

12. “Quarantined area” means any area or part of the state

designated as quarantined by the State Board of Agriculture at the

request of the Oklahoma Boll Weevil Eradication Organization.

Added by Laws 1993, c. 198, § 3, eff. Sept. 1, 1993. Amended by Laws

2006, c. 211, § 3, eff. Nov. 1, 2006.

§2-3-50.4. Review by Commissioner and State Board of Agriculture.

The Commissioner in conjunction with the State Board of

Agriculture is authorized to review and make recommendations to the

Legislature regarding the boll weevil eradication and

posteradication maintenance and control program.

Added by Laws 1993, c. 198, § 4, eff. Sept. 1, 1993. Amended by Laws

2006, c. 211, § 4, eff. Nov. 1, 2006.

§2-3-50.5. Oklahoma Boll Weevil Eradication Organization Formation - Status - Membership.

Oklahoma Statutes - Title 2. Agriculture

A. 1. The State of Oklahoma shall contain a boll weevil

eradication district to be known as the Oklahoma Boll Weevil

Eradication Organization for the purposes of eradicating boll

weevils and performing posteradication maintenance and control

functions as an agency of the State of Oklahoma. The Organization

and the board of directors may enter into agreements with other

state agencies, other states, the United States of America and any

other entity or party as necessary to carry out the purposes of the

Boll Weevil Eradication Act.

2. The Organization shall be, and is hereby declared to be, a

governmental agency of the State of Oklahoma, body politic and

corporate, with powers of government and with the authority to

exercise the rights, privileges, and functions specified by the Boll

Weevil Eradication Act.

B. Every person who is a cotton grower in this state is subject

to the provisions of the Boll Weevil Eradication Act; however, only

eligible cotton growers may vote in the elections provided for by

the Boll Weevil Eradication Act.

Added by Laws 1993, c. 198, § 5, eff. Sept. 1, 1993. Amended by

Laws 1997, c. 381, § 1, eff. July 1, 1997; Laws 1998, c. 253, § 1,

eff. July 1, 1998; Laws 2000, c. 231, § 1, emerg. eff. May 24, 2000;

Laws 2006, c. 211, § 5, eff. Nov. 1, 2006.

§2-3-50.6. Board of directors - Election procedure.

A. 1. Elections for the board of directors shall be conducted

under the procedures provided by this section.

2. A cotton grower eligible to vote in a particular district

who desires to be a candidate for the board of directors shall file

with the board a petition signed by five cotton growers from the

district board. The application shall be:

a.

filed not later than thirty (30) days before the date

set for the election, and

b.

on a form approved by the board.

3. On receipt of an application and verification that the

application meets the requirements of this section, an applicant's

name shall be placed on the ballot for the election of the board of

directors.

4. The election shall be preceded by at least forty-five (45)

days' notice published in one or more newspapers published and

distributed in the established election districts. The notice shall

be published not less than once a week for three (3) consecutive

weeks.

B. All cotton growers actively engaged in the production of

cotton in the year of the calling of an election or who were

actively engaged in production of cotton in any two (2) of the three

(3) years immediately preceding the calling of the election shall be

Oklahoma Statutes - Title 2. Agriculture

entitled to vote in the election. The board shall determine

eligibility to vote.

C. The board shall establish an election process that shall

include but not be limited to provisions for determining:

a.

who is a cotton grower eligible to vote in an

election,

b.

whether a board member is elected by a plurality or a

majority of the votes cast, and

c.

qualifications for membership of the board of

directors.

D. Eligible cotton growers may vote in any district in which

they produce cotton.

E. Ballots in an election may be mailed to a central location

or delivered in person to a location or locations designated by the

board.

Added by Laws 1993, c. 198, § 6, eff. Sept. 1, 1993. Amended by Laws

2006, c. 211, § 6, eff. Nov. 1, 2006.

§2-3-50.7. Board of directors - Composition - Terms of office Powers and duties - Definition of bonds - Bylaws - Additional

powers, duties and responsibilities - Liability - Compensation.

A. 1. Except as provided by this section, the board of

directors of the Oklahoma Boll Weevil Eradication Organization shall

be composed of five cotton growers from this state who are elected

from the five separate districts established by the board.

2. The terms of office of the elected board of directors shall

be three (3) years.

3. A director may be removed from office by a majority vote of

the board of directors for cause. Causes for removal include the

following:

a.

neglect of duty,

b.

willful misconduct,

c.

malpractice in office,

d.

self-dealing,

e.

incompetence,

f.

gross inefficiency, or

g.

any other unbecoming conduct that can or may affect

the ability of the Oklahoma Boll Weevil Eradication

Organization to satisfactorily perform its duties or

carry out its mission as a public body.

All new directors shall take an oath of office before assuming

the role as a director on the board.

4. Directors shall hold office until their respective

successors are elected and take the oath of office.

5. At each election, the cotton grower with the highest number

of votes from each district shall serve on the board of directors.

B. The board of directors shall have the power and duty to:

Oklahoma Statutes - Title 2. Agriculture

1. Appoint a new director from the appropriate election

district to serve the remaining term in the event of a vacancy on

the board of directors;

2. Collect assessments pursuant to the Boll Weevil Eradication

Act;

3. Conduct programs consistent with the Boll Weevil Eradication

Act;

4. Determine and establish the assessment annually for the

following crop year pursuant to the Boll Weevil Eradication Act and

the program enabling referendum. The assessment shall be determined

upon a fair and equitable system that is based on cotton production

and infestation factors. The assessment shall be a flexible rate

not to exceed Seven Dollars and fifty cents ($7.50) per acre and one

cent ($.01) per pound of lint produced. Upon any change in the

assessment rate, the board shall immediately notify growers and

cotton gins of the new rate;

5. Develop bylaws for the due and orderly administration of the

affairs of the board of directors and for its responsibilities

specified pursuant to the provisions of the Boll Weevil Eradication

Act;

6. Develop, implement and pay for a plan for boll weevil

eradication and posteradication maintenance and control in this

state;

7. Advise, consult, and cooperate with agencies of this state,

political subdivisions, other states, the federal government, and

affected groups;

8. Collect and disseminate information relating to boll weevil

eradication and posteradication maintenance and control;

9. Recommend the designation of “eradicated areas” to the State

Board of Agriculture upon completion of active eradication and the

beginning of posteradication maintenance and control;

10. Sue and be sued, implead and be impleaded, complain and

defend in all courts;

11. Adopt, use, and alter at will a corporate seal;

12. Adopt bylaws for the management and regulation of its

affairs and to promulgate and issue rules governing its operations;

13. Appoint officers, agents, and employees and prescribe their

duties and fix their compensation, within any limitations prescribed

by law;

14. Make contracts of every name and nature and execute all

instruments necessary or convenient for the carrying on of the

business of the Oklahoma Boll Weevil Eradication Organization;

15. Accept grants from and enter into contracts or other

transactions with any federal agency;

16. Issue and sell bonds, or borrow money, in amounts as shall

be needed from time to time for the purposes set forth in the Boll

Weevil Eradication Act.

Oklahoma Statutes - Title 2. Agriculture

a.

b.

c.

d.

e.

f.

The bonds may:

(1) be issued in one or more series,

(2) bear the date or dates,

(3) mature at time or times not exceeding twenty (20)

years from their date,

(4) be in denomination or denominations,

(5) be in form, either coupon or registered,

(6) carry registration and conversion privileges,

(7) be executed in a proper manner,

(8) be payable in medium of payment at a place or

places,

(9) be subject to terms of redemption with or without

premium, and

(10) bear rate or rates of interest, as may be

provided by resolution or resolutions to be

adopted by the Board within limits provided by

law, and be sold in a manner and at a price or

prices as may be considered by the Board to be

advisable.

Bonds shall have all the qualities and incidents of

negotiable paper, and the interest thereon shall not

be subject to taxation by the State of Oklahoma.

The board of directors may issue bonds pursuant to the

Boll Weevil Eradication Act for the purpose of

renewing funding of any obligations of the board of

directors, or may authorize and deliver a single issue

of bonds hereunder for the purpose in part of renewing

funding for obligations of the board.

The bonds issued pursuant to the Boll Weevil

Eradication Act shall not be an indebtedness of the

State of Oklahoma but shall be special obligations

payable solely from the assessments. The board of

directors is authorized and directed to pledge all or

any part of the assessments to the payment of and

interest on the bonds.

The board of directors may enter into any agreement or

contracts with the United States of America or the

State of Oklahoma or any agency or instrumentality

thereof which it may consider advisable or necessary

in order to obtain a grant of funds or other aid to be

used in connection with the proceeds of the bonds.

All bonds issued pursuant to the Boll Weevil

Eradication Act shall have on the backs thereof the

certificate required by Section 29 of Article 10 of

the Constitution of Oklahoma. The bonds shall be

submitted to the Attorney General of Oklahoma for

examination. The bonds, having been examined and

Oklahoma Statutes - Title 2. Agriculture

certified as legal obligations by the Attorney General

in accordance with the requirements as the Attorney

General may make, shall be incontestable in any court

in the State of Oklahoma unless suit thereon shall be

brought in a court having jurisdiction thereof within

thirty (30) days from the date of approval. Bonds so

approved by the Attorney General shall be prima facie

valid and binding obligations according to their

terms. The only defense that may be offered in any

suit instituted after a thirty-day period shall have

expired shall be a violation of the Constitution.

g.

Any bank, trust, or insurance company organized under

the laws of Oklahoma may invest its capital, surplus,

and reserves in bonds issued under the provisions of

the Boll Weevil Eradication Act;

17. File an application, at its discretion, with the Supreme

Court of Oklahoma for the validation of the Boll Weevil Eradication

Act or for the approval of any series of bonds to be issued

hereunder or any other actions to be taken by the board of

directors. Exclusive original jurisdiction is hereby conferred upon

the Supreme Court to hear and determine each application.

a.

It shall be the duty of the Supreme Court to give

applications precedence over the other business of the

Supreme Court and to consider and pass upon the

applications and any protests that may be filed

thereto as speedily as possible.

b.

Notice of the hearing on each application shall be

given by a notice published in a newspaper of general

circulation in the state that on a day named, the

board of directors will ask the court to hear its

application. The notice shall inform all persons

interested that they may file protests against the

validation or approval and be present at the hearing

and contest the same. The notice shall be published

one time, not less than ten (10) days prior to the

date named for the hearing, and the hearing may be

adjourned from time to time at the discretion of the

court.

c.

In any action to approve bonds, if the Supreme Court

is satisfied that the bonds have been properly

authorized in accordance with the provisions of the

Boll Weevil Eradication Act and that when issued they

will constitute valid obligations in accordance with

their terms, the Supreme Court shall render its

written opinion approving the bonds and shall fix the

time within which a petition for rehearing may be

filed. The decision of the Supreme Court shall be a

Oklahoma Statutes - Title 2. Agriculture

judicial determination of the validity of the bonds,

shall be conclusive as to the board of directors, its

officers and agents, and thereafter the bonds so

approved and the revenues pledged to their payment

shall be incontestable in any court in the State of

Oklahoma;

18. Conduct elections, at the discretion of the board of

directors, for any lawful purpose, including, but not limited to,

any assessment modification policy to deal with natural disasters.

Election procedures shall be established by the board of directors.

Fifty percent (50%) or more of the cotton growers voting shall

approve each ballot issue for its adoption;

19. Reexamine the number and composition of the existing

election districts in order to ensure fair and equitable geographic

areas based upon cotton production density. If the board of

directors determines that the number or composition of the election

districts should be reestablished, the board of directors shall:

a.

fairly and equitably establish the election districts

necessary utilizing geographic areas based upon cotton

production density as the primary factor,

b.

conduct the election of the next board of directors

consistent with this section,

c.

hold public hearings regarding the establishment of

election districts,

d.

facilitate the expeditious transfer of authority to

the newly elected board of directors, and

e.

establish terms of office for the new board consistent

with this section.

Any elected or appointed board member shall have all the powers

and duties as granted pursuant to the Boll Weevil Eradication Act;

and

20. Take any other actions deemed necessary by the board of

directors to implement the provisions of the Boll Weevil Eradication

Act.

C. As used in this section, "bonds" means bonds, notes, loan

agreements, or other forms of indebtedness issued or delivered by

the Oklahoma Boll Weevil Eradication Organization.

D. The bylaws established by the board of directors relating to

boll weevil eradication and the assessment referenda shall be

submitted to the State Board of Agriculture for determination as to

whether the bylaws will be promulgated as rules of the State Board

of Agriculture. The bylaws may be promulgated in whole or in part

or may be returned for modification to the board of directors. The

State Board of Agriculture shall comply with the Administrative

Procedures Act in promulgating any rules adopted pursuant to the

provisions of this subsection.

E. The board of directors shall:

Oklahoma Statutes - Title 2. Agriculture

1. Make available all books, records of account, and minutes of

proceedings maintained by the Organization for inspection by the

Office of the State Auditor and Inspector for an audit in accordance

with the provisions of subsection B of Section 212 of Title 74 of

the Oklahoma Statutes;

2. Not later than forty-five (45) days after the last day of

the fiscal year, submit to the Commissioner a report itemizing all

income and expenditures and describing all activities of the

Organization during the fiscal year;

3. Provide surety bonds in amounts determined by the

Commissioner for employees or agents who handle funds for the

Organization;

4. Receive, hold in trust, and disburse all assessments and

other funds collected pursuant to the Boll Weevil Eradication Act as

trust funds of the Organization; and

5. Make available all books, records of account, and minutes of

proceedings of the Organization for inspection or audit by the

Commissioner at any reasonable time.

F. 1. Pursuant to the authority granted by the Boll Weevil

Eradication Act, except for instances of gross negligence,

individual criminal actions or acts of dishonesty, the board of

directors and employees of the board of directors are not

individually liable to a cotton grower or other person for:

a.

errors in judgment,

b.

mistakes, or

c.

omissions.

2. Under no circumstances shall the board of directors, the

individual board members, or employees of the board of directors be

personally liable for any bonds of the Organization.

3. A member of the board of directors or an employee of the

board of directors is not individually liable for an act or omission

of another member or employee of the board of directors.

G. The board of directors shall serve without compensation but

are entitled to reimbursement for reasonable and necessary expenses

incurred in the discharge of their duties.

Added by Laws 1993, c. 198, § 7, eff. Sept. 1, 1993. Amended by

Laws 1997, c. 381, § 2, eff. July 1, 1997; Laws 1998, c. 253, § 2,

eff. July 1, 1998; Laws 2000, c. 30, § 1, emerg. eff. April 6, 2000;

Laws 2005, c. 93, § 1, eff. Nov. 1, 2005; Laws 2006, c. 211, § 7,

eff. Nov. 1, 2006; Laws 2010, c. 413, § 5, eff. July 1, 2010.

§2-3-50.8. Certification of acreage in program.

Every person growing cotton in this state shall annually certify

to the board of directors the person’s number of acres and provide

the legal description and the United States Department of

Agriculture Farm Services Agency (FSA) numbers for each field. The

certification shall occur on or before July 20 of each year. The

Oklahoma Statutes - Title 2. Agriculture

cotton grower shall also furnish to the board of directors any other

information reasonably required to carry out the provisions of the

Boll Weevil Eradication Act.

Added by Laws 1993, c. 198, § 8, eff. Sept. 1, 1993. Amended by

Laws 1997, c. 381, § 3, eff. July 1, 1997; Laws 2000, c. 231, § 2,

emerg. eff. May 24, 2000; Laws 2005, c. 93, § 2, eff. Nov. 1, 2005;

Laws 2006, c. 211, § 8, eff. Nov. 1, 2006.

§2-3-50.9.

Repealed by Laws 2006, c. 211, § 23, eff. Nov. 1, 2006.

§2-3-50.9a. Collection of assessment.

A. 1. The assessment imposed pursuant to the provisions of the

Boll Weevil Eradication Act shall be levied on a cotton grower at

the time of sale and shall be collected and remitted to the board of

directors by the cotton gin serving as the selling agent for the

cotton produced. The cotton gins shall furnish monthly reports to

the board of directors on or before the fifteenth day of each month

regarding the assessments collected, pay all of the assessments

collected each month, and furnish the board with any other

information reasonably requested by it to ensure the collection of

the assessments for each grower.

2. Pursuant to the provisions of the Boll Weevil Eradication

Act no cotton shall be subject to assessment of a fee more than

once.

B. 1. The cotton gin serving as selling agent for the cotton

grower shall collect the assessment in the same manner as ginning

costs are deducted from the purchase price of the cotton or from any

funds advanced for that purpose.

2. The board of directors, by registered or certified mail,

shall notify each cotton gin of the duty to collect the assessment,

the manner in which the assessment is to be collected, and the date

on or after which the cotton gin is to begin collecting the

assessment, the date by which an accounting of all assessments

collected and paid will be submitted, and the date by which the

balance of previously collected assessment shall be paid.

3. The amount of the assessment collected shall be clearly

shown on the sales invoice or other document evidencing the

transaction. The cotton gin, as the seller's agent, shall furnish a

copy of the document to the cotton grower.

C. 1. The cotton gin may rely upon the information or

certification provided by the board of directors to the cotton gin

regarding cotton acres and other related information as deemed

necessary by the board of directors in determining the amount of

assessment due and owing from the cotton grower.

2. A cotton gin that uses due diligence in collecting an

assessment from a cotton grower based upon information or a

certification provided by the board of directors regarding the

Oklahoma Statutes - Title 2. Agriculture

cotton grower shall be relieved of any liability for any errors or

omissions in the assessment should it be determined that the

assessment was inaccurate.

3. The provisions contained in this section apply to all cotton

gins located in the State of Oklahoma or in any other state. Any

gin that, whether by design or inadvertent act, fails to forward to

the board of directors by June 1 of each year an accounting of all

assessments collected and paid, as well as payment for all

assessments previously collected but not paid, shall be subject to

an administrative penalty or fine pursuant to the Boll Weevil

Eradication Act.

D. Every cotton grower shall keep accurate production records

on the amount of cotton ginned and the number of acres planted and

harvested for a minimum of two (2) years. Copies shall be furnished

to any authorized agent of the board of directors or the State Board

of Agriculture at any time during reasonable business hours of the

cotton grower immediately upon oral request, or within ten (10)

working days of any written request.

E. Failure to pay the required assessment or any remaining

amount due shall result in an administrative penalty or fine to the

grower, or other legal action to the grower or to the cotton gin

when the assessment has been collected from the cotton grower.

Added by Laws 1997, c. 381, § 5, eff. July 1, 1997. Amended by Laws

2000, c. 231, § 4, emerg. eff. May 24, 2000; Laws 2005, c. 93, § 3,

eff. Nov. 1, 2005; Laws 2006, c. 211, § 9, eff. Nov. 1, 2006.

§2-3-50.10. Boll Weevil Eradication Fund.

A. There is hereby created the Boll Weevil Eradication Fund.

The Boll Weevil Eradication Fund shall be administered by the board

of directors for the benefit of the cotton growers in this state to

eradicate and ensure the long-term eradication and control of boll

weevils. The Boll Weevil Eradication Fund shall be established and

maintained in a bank or other depository approved by the

Commissioner.

B. The Boll Weevil Eradication Fund shall consist of:

1. All monies received by the board of directors as proceeds

from the assessment imposed pursuant to the Boll Weevil Eradication

Act;

2. Interest attributable to investment of money in the Boll

Weevil Eradication Fund; and

3. Monies received by the board of directors in the form of

gifts, grants, reimbursements, or from any other source designated

by law for deposit to the Boll Weevil Eradication Fund.

C. The monies deposited in the Boll Weevil Eradication Fund,

including emergency contingency funding for posteradication

infestation, shall at no time become monies of the state.

Oklahoma Statutes - Title 2. Agriculture

D. Monies in the Boll Weevil Eradication Fund shall only be

expended for:

1. Implementation and management of the Boll Weevil Eradication

Act; and

2. Costs incurred by the board of directors and the State Board

of Agriculture for the administration of the Boll Weevil Eradication

Act.

E. Any debts or obligations of the organization shall not

become or be construed to be obligations of the Oklahoma Department

of Agriculture, Food, and Forestry or this state.

Added by Laws 1993, c. 198, § 10, eff. Sept. 1, 1993. Amended by

Laws 2006, c. 211, § 10, eff. Nov. 1, 2006.

§2-3-50.11. Department of Agriculture, Food, and Forestry Collection of assessment and administrative penalty or fine Disposition of penalty.

A. The board of directors may request the Oklahoma Department

of Agriculture, Food, and Forestry to provide for the collection of

the assessment or for other enforcement action necessary as

determined by the board of directors for violations of the Boll

Weevil Eradication Act and for collection of any administrative

penalty or fine from any person who is determined to have violated

any provision of the Boll Weevil Eradication Act.

B. Notwithstanding any other provision of the law, in an

enforcement action brought by the board of directors, the board of

directors may collect, in addition to the assessment, a fine from

any person or cotton gin that is determined to have violated any

provision of the Boll Weevil Eradication Act.

C. Failure by any person to comply with any provisions of the

Boll Weevil Eradication Act may result in assessment of an

administrative penalty or fine of not less than One Hundred Dollars

($100.00) and not more than Ten Thousand Dollars ($10,000.00) for

each violation.

D. Any administrative penalty or fine collected pursuant to the

provisions of this section shall be deposited in the Boll Weevil

Eradication Fund; provided, the Department shall be reimbursed for

any costs incurred by the Department in the enforcement of this

section.

Added by Laws 1993, c. 198, § 11, eff. Sept. 1, 1993. Amended by

Laws 2000, c. 231, § 5, emerg. eff. May 24, 2000; Laws 2005, c. 93,

§ 4, eff Nov. 1, 2005; Laws 2006, c. 211, § 11, eff. Nov. 1, 2006;

Laws 2007, c. 157, § 2, eff. Nov. 1, 2007.

§2-3-50.12.

Repealed by Laws 2006, c. 211, § 23, eff. Nov. 1, 2006.

§2-3-50.13.

Repealed by Laws 2006, c. 211, § 23, eff. Nov. 1, 2006.

Oklahoma Statutes - Title 2. Agriculture

§2-3-50.14. Commissioner assistance in control of boll weevil

eradication programs - Use of state-appropriated monies prohibited Reimbursement of Department's costs and expenses.

A. The Commissioner, upon the request of the board of

directors, is authorized to assist in the eradication and control of

the boll weevil in this state.

B. State-appropriated monies shall not be a funding source for

activities conducted pursuant to the Boll Weevil Eradication Act.

The Department shall be reimbursed for any costs and expenses

incurred for any assistance provided pursuant to the Boll Weevil

Eradication Act.

Added by Laws 1993, c. 198, § 14, eff. Sept. 1, 1993. Amended by

Laws 2006, c. 211, § 12, eff. Nov. 1, 2006.

§2-3-50.15. Cooperation with other entities - Written agreements.

The Commissioner is authorized to cooperate with any agency of

the federal government, any state contiguous to this state, any

other agency in this state, or any person engaged in growing,

processing, marketing, or handling cotton in this state, or any

group of persons, in programs to effectuate the purposes of the Boll

Weevil Eradication Act, and may enter into written agreements to

effectuate these purposes. The agreements may provide for cost

sharing, for division of duties and responsibilities pursuant to the

Boll Weevil Eradication Act and may include other provisions that

effectuate the purposes of the Boll Weevil Eradication Act.

Added by Laws 1993, c. 198, § 15, eff. Sept. 1, 1993. Amended by

Laws 2006, c. 211, § 13, eff. Nov. 1, 2006.

§2-3-50.16. Right of entry - Inspections and other activities Warrants.

A. 1. The board of directors and the Oklahoma Department of

Agriculture, Food, and Forestry, or their authorized agents shall

have authority, to:

a.

enter cotton fields and other premises in order to

carry out activities, including but not limited to

treatment with pesticides, monitoring, and destruction

of growing cotton and other host plants, as necessary

to carry out the provisions of the Boll Weevil

Eradication Act,

b.

make inspection of any fields or premises in this

state and any property for the purpose of determining

if the property is infested with boll weevils, and

c.

examine and make photocopies of any records and

documents relating to the Boll Weevil Eradication Act.

2. The inspection and other activities may be conducted at any

hour with the notification of the owner or person in charge of the

premises or property. If access is denied, the board of directors,

Oklahoma Statutes - Title 2. Agriculture

the Oklahoma Department of Agriculture, Food, and Forestry, or the

authorized agent of either shall have the right to apply to and

obtain from a district court an administrative warrant as necessary

to enforce the right of access and inspection as authorized pursuant

to 2-14 of the Oklahoma Code.

B. Any judge of this state shall, within the judge’s

territorial jurisdiction, and upon proper statutory authority, issue

administrative warrants for the purpose of conducting administrative

inspections and other activities authorized by the Boll Weevil

Eradication Act.

Added by Laws 1993, c. 198, § 16, eff. Sept. 1, 1993. Amended by

Laws 2006, c. 211, § 14, eff. Nov. 1, 2006.

§2-3-50.17. Rules.

A. The Oklahoma Department of Agriculture, Food, and Forestry

is authorized to promulgate rules, including, but not limited to:

1. Establishing quarantine areas in this state or any portion

thereof at the request of the board of directors;

2. Designating this state or any portion thereof as an

“eradicated area”; and

3. Governing the storage or other handling in the eradicated or

other quarantined areas of regulated articles and the movement of

regulated articles into or from these areas, when the Department

determines that an action is necessary, or reasonably appears

necessary, to prevent, eradicate, control, or retard the spread of

boll weevil.

B. 1. The Department shall promulgate rules establishing a

reasonable schedule of administrative penalties and fines for

violations of the Boll Weevil Eradication Act.

2. The Department shall promulgate rules necessary, expedient,

or appropriate for the performance, enforcement, or carrying out of

any of the purposes, objectives, or provisions of the Boll Weevil

Eradication Act.

3. Any rules promulgated pursuant to the Boll Weevil

Eradication Act, including the establishment of quarantines, shall

be promulgated in accordance with the Administrative Procedures Act.

Added by Laws 1993, c. 198, § 17, eff. Sept. 1, 1993. Amended by

Laws 2000, c. 231, § 6, emerg. eff. May 24, 2000; Laws 2006, c. 211,

§ 15, eff. Nov. 1, 2006.

§2-3-50.18. Destruction of cotton - Volunteer or noncommercial

cotton.

A. When a person fails to meet the rules promulgated by the

Oklahoma Department of Agriculture, Food, and Forestry, the

Commissioner, at the request of the board of directors, shall have

authority to destroy cotton in any area of the state not in

compliance with the rules.

Oklahoma Statutes - Title 2. Agriculture

B. Cotton in any area of the state from a volunteer or

noncommercial source may be destroyed or treated with pesticides by

the Oklahoma Department of Agriculture, Food, and Forestry upon

request of the board of directors.

Added by Laws 1993, c. 198, § 18, eff. Sept. 1, 1993. Amended by

Laws 2006, c. 211, § 16, eff. Nov. 1, 2006.

§2-3-50.19. Unlawful acts - Moving infested article into state Penalties.

A. It shall be unlawful for any person to store or handle any

regulated article in an eradicated or other quarantined area, or to

move into or from an eradicated or other quarantined area any

regulated article, except under conditions as may be prescribed by

the rules promulgated by the State Board of Agriculture.

B. Any person who, except in compliance with the rules of the

Department, moves any regulated article into this state from any

other state infested by boll weevils shall be deemed guilty of a

misdemeanor and, upon conviction, shall be subject to the penalty

provided in Section 3-50.20 of this title. Any person convicted of

a violation may be required to pay restitution for damages caused by

the violation.

Added by Laws 1993, c. 198, § 19, eff. Sept. 1, 1993. Amended by

Laws 2006, c. 211, § 17, eff. Nov. 1, 2006.

§2-3-50.20. Violations - Penalties.

Any person who violates any of the provisions of the Boll Weevil

Eradication Act or the rules promulgated thereto, or who shall

alter, forge, counterfeit, or use without authority any certificate,

permit, or other document provided for in the Boll Weevil

Eradication Act or in rules promulgated thereto shall, upon

conviction, be guilty of a misdemeanor and shall be punished by a

fine of not less than Fifty Dollars ($50.00) nor more than One

Thousand Dollars ($1,000.00).

Added by Laws 1993, c. 198, § 20, eff. Sept. 1, 1993. Amended by

Laws 2006, c. 211, § 18, eff. Nov. 1, 2006.

§2-3-50.21. Boll Weevil Eradication Organization - Relationship

with Merit System of Personnel Administration - Seasonal employees.

A. The Oklahoma Boll Weevil Eradication Organization shall not

be subject to the Merit System of Personnel Administration.

B. The Oklahoma Boll Weevil Eradication Organization is

authorized to employ seasonal employees for projects throughout the

calendar year. Project labor employed by the Oklahoma Boll Weevil

Eradication Organization may be employed for a period of time

necessary to complete the project. Regardless of the number of

hours worked during any fiscal year, project employees shall not be

entitled to paid leave, paid holidays, retirement, longevity,

Oklahoma Statutes - Title 2. Agriculture

health, dental or life insurance, and disability benefits, and shall

be exempt from any laws, rules or practices providing for these

benefits, or to state employee minimum annualized salaries, salary

increases or adjustments, unless specifically authorized by law.

Added by Laws 2000, c. 231, § 7, emerg. eff. May 24, 2000. Amended

by Laws 2006, c. 211, § 19, eff. Nov. 1, 2006.

§2-3-50.30. Review and evaluation of boll weevil eradication

efforts.

The Oklahoma Department of Agriculture, Food, and Forestry may

periodically conduct reviews to evaluate the ongoing boll weevil

eradication and posteradication efforts in the state.

Added by Laws 1997, c. 17, § 1, eff. Nov. 1, 1997. Renumbered from

§ 3-60.1 of this title by Laws 1997, c. 381, § 7, eff. July 1, 1997.

Amended by Laws 2006, c. 211, § 20, eff. Nov. 1, 2006.

§2-3-51.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-52.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-60.1. Renumbered as § 3-50.30 of this title by Laws 1997, c.

381, § 7, eff. July 1, 1997.

§2-3-61.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-62.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-63.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-64.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-65.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-66.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-67.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

Oklahoma Statutes - Title 2. Agriculture

§2-3-68.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-69.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-70.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-71.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-81. Definitions.

As used in the Combined Pesticide Law:

1. "Aircraft" means any contrivance used or designed for

navigation of or flight in the air over land or water and is

designed for or adaptable for use in applying pesticides as sprays,

dusts, or other forms;

2. "Active ingredient" means an ingredient, which defoliates

plants, prevents fruit drop, inhibits sprouting, or destroys,

repels, or mitigates insects, fungi, bacteria, rodents, weeds, or

other pests;

3. "Adulterated" means and includes any pesticide if the

pesticide strength or purity falls below the professed standard of

quality as expressed on labeling or under which it is sold, or if

any substance has been substituted wholly or in part for the

components of the pesticide, or if any valuable constituent of the

components of the pesticide has been wholly or in part abstracted;

4. "Antidote" means the most practical immediate treatment in

case of poisoning and includes but is not limited to first aid

treatment;

5. "Business location" means any place, site, or facility

maintained by a commercial or noncommercial applicator where

records, including but not limited to, financial statements,

payroll, insurance, and personnel documents are maintained,

pesticides are stored, or customers are served. A location serving

strictly as a telephone answering service shall not be considered a

business location;

6. "Certificate" means a written document issued to an

individual by the State Board of Agriculture which indicates that

the individual has met the certification standards established by

the Combined Pesticide Law for the category of pesticide application

shown on the certificate. A certificate does not allow a person to

do work as a commercial, noncommercial, service technician, or

private applicator unless employed by a licensed entity or has a

valid license issued by the Board;

Oklahoma Statutes - Title 2. Agriculture

7. "Certification standards" means the standards that a person

shall meet to become a certified applicator;

8. "Certified applicator" means a person who has met the

certification standards;

9. "Commercial application" means the advertising of services,

recommendation for use, the preparation for application, or the

physical act of applying a pesticide or employment of a device for

hire or compensation;

10. "Commercial applicator" means any person engaging in the

commercial application of pesticides or commercial employment of

devices. Any farmer while working for a neighbor in agricultural

production, not advertising, and not held out to be in the business

of applying restricted-use pesticides, shall not be classified by

the Board as a commercial applicator;

11. "Contract" means a binding, written agreement between two

or more persons spelling out terms and conditions and includes, but

is not limited to, warranties or guarantees for pesticide

application. For structural pest control applications, the contract

shall also include a statement, plat, or diagram showing all

locations of visible termites and termite damaged materials which

are observed, and how the application was performed;

12. "Defoliant" means any pesticide intended to cause the

leaves or foliage to drop from a plant, with or without causing

abscission;

13. "Desiccant" means any pesticide intended to artificially

accelerate the drying of plant tissues;

14. "Device" means any instrument subject to the United States

Environmental Protection Agency regulation intended for trapping,

destroying, repelling, or mitigating insects or rodents, or

mitigating fungi, bacteria, or weeds, or other pests designated by

the Board, but not including equipment used for the application of

pesticides when sold separately;

15. "Direct supervision" means that the certified applicator is

responsible for assuring that persons working, subject to direct

supervision, are qualified to handle pesticides and are instructed

in the application of the specific pesticides used in each

particular application conducted which is subject to their

supervision. Certified applicators shall be accessible to the

noncertified applicator at all times during the application of the

pesticide by telephone, radio, or any device approved by the Board;

16. "Fungi" means all nonchlorophyll-bearing thallophytes,

including, but not limited to, rusts, smuts, mildews, molds, yeasts,

and bacteria, except those on humans or animals;

17. "Fungicide" means any pesticide intended for preventing,

destroying, repelling, or mitigating any fungi or bacteria;

18. "Ground equipment" means any machine, equipment, or device

other than aircraft designed for use, adaptable for use, or used on

Oklahoma Statutes - Title 2. Agriculture

land or water in applying pesticides as sprays, dusts, aerosols,

fogs, or other forms;

19. "Herbicide" means any pesticide intended for preventing,

destroying, repelling, desiccating, or mitigating any weed, or for

defoliating plants, preventing fruitdrop, and inhibiting sprouting;

20. "Inert ingredient" means an ingredient, which is not an

active ingredient;

21. "Ingredient statement" means a statement containing the

name and percentage of each active ingredient, and the total

percentage of all inert ingredients in the pesticide. If the

pesticide contains arsenic in any form, the percentages of total and

water-soluble arsenic shall each be calculated as elemental arsenic;

22. "Insect" means any of the numerous small invertebrate sixlegged animals generally having the body more or less obviously

segmented, many belonging to the class Insecta, including, but not

limited to, beetles, bugs, and flies as well as allied classes of

arthropods including spiders, mites, ticks, centipedes, and wood

lice;

23. "Insecticide" means any pesticide intended for preventing,

destroying, repelling, or mitigating any insects which may be

present in any environment;

24. "Label" means the written, printed, or graphic matter

attached to the pesticide, device, or container including the

outside container or wrapper of the retail package of the pesticide

or device;

25. "Labeling" means all labels and other written, printed, or

graphic material:

a.

upon the pesticide, device, or any of its containers

or wrappers,

b.

accompanying the pesticide or device at any time, or

c.

to which reference is made on the label or in

literature accompanying the pesticide or device except

when accurate, nonmisleading reference is made to

current official publications of the United States

Environmental Protection Agency, United States

Department of Agriculture, United States Department of

the Interior, the United States Public Health Service,

State Experiment Stations, State Agricultural

Colleges, or other federal institutions or official

agencies of this state or other states authorized by

law to conduct research in the field of pesticides;

26. "License" means a written document issued to a person by

the Board which shows that the person has met all established

licensing requirements established by the Combined Pesticide Law and

who is authorized to apply pesticides as a commercial,

noncommercial, or private applicator pursuant to the license issued;

Oklahoma Statutes - Title 2. Agriculture

27. "Minimum standards" means the measures prescribed by the

Board to bring appropriate pesticide services to the public;

28. "Misbranded" means and includes:

a.

any pesticide or device if its labeling bears any

statement, design, or graphic representation relative

to its ingredients which is false or misleading, or

b.

any pesticide or device:

(1) if it is an imitation of or is offered for sale

under the name of another pesticide or device,

(2) if its labeling bears any reference to

registration under the Combined Pesticide Law,

(3) if the labeling accompanying it does not contain

instructions for use which are necessary and, if

complied with, adequate for the protection of the

public,

(4) if the label does not contain a warning or

caution statement which may be necessary and, if

complied with, adequate to prevent injury to

humans and vertebrate animals,

(5) if the label does not bear an ingredient

statement on that part of the immediate container

and on the outside container or wrapper, if there

is one, through which the ingredient statement on

the immediate container cannot be clearly read,

of the retail package which is presented or

displayed under customary conditions of purchase,

(6) if any word, statement, or other information

required by or under the authority of the

Combined Pesticide Law to appear on the labeling

is not prominently placed with conspicuousness,

as compared with other words, statements,

designees, or graphic matter in the labeling, and

in terms likely to be read and understood by an

individual under customary conditions of purchase

and use, or

(7) if in the case of an insecticide, fungicide, or

herbicide, when used as directed or in accordance

with commonly recognized practice, it shall be

injurious to humans, vertebrate animals, or

vegetation, except weeds, to which it is applied,

or to the person applying the pesticide;

29. "Noncommercial applicator" means any person, other than a

commercial or private applicator, who uses or supervises the use of

a restricted-use pesticide. The noncommercial applicator shall be

under the supervision of an owner or manager of property and who is

certified in the same manner as a commercial applicator. A

noncommercial applicator is subject to all requirements except those

Oklahoma Statutes - Title 2. Agriculture

pertaining to financial responsibility. Noncommercial applicator

includes a government employee applying restricted-use pesticides in

the discharge of official duties;

30. "Nonrestricted-use pesticide" means any pesticide, other

than a pesticide classified as restricted-use pesticide;

31. "Nonrestricted-use pesticide dealer" means any person

engaged in the sale, storage, or distribution of any pesticide other

than those pesticides classified by the United States Environmental

Protection Agency or the Board as restricted-use pesticides;

32. "Permit" means a written document issued by the Board which

shows that a person has met all of the permitting requirements

established by the Combined Pesticide Law and is authorized to sell

pesticides as a restricted-use or nonrestricted-use pesticide dealer

in accordance with the type of permit issued;

33. "Pest" means any organism harmful to man including, but not

limited to, insects, mites, nematodes, weeds, and pathogenic

organisms. Pathogenic organisms include viruses, mycoplasma,

bacteria, rickettsia, and fungi which the Board declares to be a

pest;

34. "Pesticide" means a substance or mixture of substances

intended for defoliating or desiccating plants, preventing

fruitdrop, 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;

35. "Private applicator" means any person who uses or

supervises the use of any restricted pesticide for purposes of

producing any agricultural commodity on property owned or rented by

the person, or employer, or on the property of another person if

applied without compensation other than trading of personal services

between producers of agricultural commodities;

36. "Registrant" means the person registering any pesticide or

device pursuant to the provisions of the Combined Pesticide Law;

37. "Restricted-use pesticide" means any pesticide classified

for restricted use by the United States Environmental Protection

Agency, either by regulation or through the registration process, or

by the Board pursuant to the Oklahoma Agricultural Code;

38. "Restricted-use pesticide dealer" means any person engaged

in the sale, storage, or distribution of restricted-use pesticides;

39. "Rodenticide" means any pesticide intended for preventing,

destroying, repelling, or mitigating rodents or any other animal

which the Board declares a pest;

40. "Service technician" means a person employed by a licensed

commercial or noncommercial applicator who applies the pesticide or

employs a device, but is not a certified applicator. A service

Oklahoma Statutes - Title 2. Agriculture

technician or certified applicator shall be present at each

application performed;

41. "Temporary certified applicator" means a person who has

successfully completed the written examinations required for

certification but has not successfully completed the practical

examination;

42. "Use" means transportation, storage, mixing, application,

safe handling, waste and container disposal, and other specific

instructions contained on the label and labeling;

43. "Weed" means any plant or plant part which grows where not

wanted; and

44. "Wood infestation report" means a document issued with a

property transaction which shall, at a minimum, contain statements

or certifications as to the presence or absence of termites and any

other wood destroying insects, and the presence or absence of

damage. The wood infestation report does not include a bid or

proposal for treatment.

Added by Laws 1961, p. 1, § 1. Amended by Laws 1977, c. 98, § 4;

Laws 1984, c. 156, § 1, eff. Nov. 1, 1984; Laws 1986, c. 285, § 1,

eff. Nov. 1, 1986; Laws 2000, c. 367, § 10, emerg. eff. June 6,

2000; Laws 2002, c. 383, § 1, eff. July 1, 2002; Laws 2007, c. 200,

§ 4, eff. Nov. 1, 2007; Laws 2014, c. 280, § 1, eff. Nov. 1, 2014.

§2-3-82. Applicator's license required - Categories of pesticide

application.

A. It shall be unlawful for any person to act, operate, or do

business or advertise as a commercial, noncommercial, certified

applicator, temporary certified applicator, service technician, or

private applicator unless the person has obtained a valid

applicator’s license issued by the State Board of Agriculture for

the category of pesticide application in which the person is

engaged, unless the person is applying to his or her own property.

B. A license may be issued by the Board in any category of

pesticide application if the applicant qualifies and the applicant

is limited to the category of pesticide application named on the

license. The Board may establish categories of pesticide

application as necessary. Licenses shall be issued upon application

to the Board on a form prescribed by the Board. The application

shall contain information regarding the applicant’s qualifications,

proposed operations, and other information as specified by the

Board.

C. 1. An aerial license shall not be issued or be valid unless

the applicant files with the Board a copy of a valid document issued

by the Federal Aviation Administration showing that the person is

qualified to operate or supervise the operation of an aircraft , and

a copy of any other applicable certification as required by the

Federal Aviation Administration for pesticide application.

Oklahoma Statutes - Title 2. Agriculture

Applicants for an aerial license and pilots working under a license

may be subject to a complete and thorough background examination.

2. The Board shall promulgate rules regarding aerial

applicators and applications consistent with federal law and shall

solicit the assistance of the Federal Aviation Administration in the

enforcement of this subsection.

D. Each business location shall require a separate license and

separate certified applicator except that a certified applicator for

a noncommercial business location may also serve as the certified

applicator for one commercial business location.

E. A license shall not be issued for the category of pesticide

application of any applicant or representative who has a temporary

certification.

Added by Laws 1961, p. 2, § 2, operative July 1, 1961. Amended by

Laws 1965, c. 298, § 1; Laws 1965, c. 509, § 1, emerg. eff. July 20,

1965; Laws 1968, c. 105, § 1, emerg. eff. April 1, 1968; Laws 1970,

c. 111, § 1; Laws 1977, c. 98, § 5; Laws 1984, c. 156, § 2, eff.

Nov. 1, 1984; Laws 1986, c. 285, § 2, eff. Nov. 1, 1986; Laws 2000,

c. 367, § 11, emerg. eff. June 6, 2000; Laws 2002, c. 383, § 2, eff.

July 1, 2002; Laws 2003, c. 410, § 1, eff. July 1, 2003; Laws 2004,

c. 109, § 1, eff. July 1, 2004; Laws 2005, c. 42, § 1, eff. July 1,

2005; Laws 2011, c. 287, § 1; Laws 2017, c. 239, § 1, eff. Nov. 1,

2017; Laws 2021, c. 391, § 1, eff. Nov. 1, 2022; Laws 2023, c. 72, §

11, eff. Nov. 1, 2023; Laws 2024, c. 329, § 1, emerg. eff. May 21,

2024.

NOTE: A former § 3-82 of this title was repealed by Laws 1961, p.

3, § 7, operative July 1, 1961.

§2-3-82.1. Unwanted Pesticide Disposal Fund.

There is hereby created in the State Treasury a fund for the

State Board of Agriculture to be designated the State Department of

Agriculture “ Unwanted Pesticide Disposal Fund”. The fund shall be

a continuing fund, not subject to fiscal year limitations, and shall

consist of all monies received by the State Board of Agriculture to

implement and maintain the Unwanted Pesticide Disposal Program. On

July 1, 2005, the Oklahoma Department of Agriculture, Food, and

Forestry shall transfer all money in the State Department of

Agriculture Revolving Fund which has been designated by law for

conducting programs for unwanted pesticide disposal to the Unwanted

Pesticide Disposal Fund.

Added by Laws 2005, c. 42, § 2, eff. July 1, 2005.

§2-3-82A. Fees.

A. The following fees shall be paid to the State Board of

Agriculture:

1. A fee of One Hundred Dollars ($100.00) for each category of

pesticide application shall be paid to the Board for the issuance or

Oklahoma Statutes - Title 2. Agriculture

renewal of a commercial applicator business license. Not more than

Five Hundred Dollars ($500.00) total category fees shall be charged

annually to any business location of an applicator;

2. A fee of Fifty Dollars ($50.00) shall be paid to the Board

for each written examination conducted by the Board;

3. A fee of Fifty Dollars ($50.00) shall be paid to the Board

for each practical examination conducted by the Board;

4. A fee of Twenty Dollars ($20.00) shall be paid to the Board

for the issuance or renewal of a private applicator's license;

5. A fee of Fifty Dollars ($50.00) shall be paid to the Board

for the issuance or renewal of a noncommercial business license.

Not more than Two Hundred Fifty Dollars ($250.00) total category

fees shall be charged annually to any noncommercial business

location of an applicator;

6. A fee of Twenty Dollars ($20.00) shall be paid to the Board

for the issuance or renewal of service technician identification;

7. A fee of Ten Dollars ($10.00) shall be paid to the Board for

the issuance of duplicate licenses or certificates or transfer of

service technician identification;

8. A fee of Fifty Dollars ($50.00) shall be paid to the Board

for each recertification procedure; and

9. A fee of One Hundred Dollars ($100.00) shall be paid to the

Board for each reciprocal certification procedure for applicator

certifications.

B. All fees shall be deposited in the State Department of

Agriculture Revolving Fund.

C. Fees shall be paid to the Board prior to the processing of

any application.

D. Failure to pay any fee identified with licenses, permits,

pesticide registrations, or certification shall require the Board to

deny the application.

Added by Laws 2023, c. 72, § 1, eff. Nov. 1, 2023.

§2-3-82B. Certification standards for licensing — Renewal.

A. An applicator's license shall be issued only after

satisfactory completion of the certification standards by the person

who shall be the certified applicator under the license. Temporary

certified applicators do not qualify as the certified applicator for

a license, nor may they act as a certified applicator. The Board

shall deny the application for certification, recertification,

issuance, or renewal of a certificate or license for a failure to

show proper qualification under the rules or for violations of any

provisions of this section. A certificate in any category shall be

valid for five (5) years unless suspended, canceled, or revoked by

the Board or until recertification is required for the category, and

may be renewed after successful completion of recertification

Oklahoma Statutes - Title 2. Agriculture

requirements. The Board may require certified applicators to be

recertified once in a five-year period.

B. A certified service technician identification shall be

issued upon application and completion of certification standards

determined by the Board. Temporary certified applicators may

qualify as a certified service technician. No person shall act, do

business as, or advertise as a service technician unless the person

has met all the qualifications and standards as required by the

Board. The service technicians' identification shall be issued in

the name of the licensed entity. The licensee shall ensure that the

service technician identification is returned to the Board upon

termination of the employee. A service technician identification

shall be valid for a period of five (5) years unless suspended,

canceled, or revoked by the Board, until recertification is required

by the Board, or until the service technician leaves the employ of

the licensed entity. The Oklahoma Department of Agriculture, Food,

and Forestry may issue a service technician identification upon

completion of the following:

1. A determination is made by the Department that the applicant

has successfully completed the written examination;

2. The licensed entity provides a completed service technician

identification application form at the time of testing; and

3. All appropriate fees are paid at the time of testing.

C. Each license, except for private applicators, shall expire

on dates established by the Department in administrative rules and

may be renewed for the ensuing calendar year, without penalty or

reexamination, if a properly completed application is filed with the

Board on a date established by the Department. If the application

is not received by the due date, a penalty of twice the amount of

the renewal fee shall be charged for renewal of the license. If the

application is not received within thirty (30) days following the

due date, an additional one-hundred-dollar penalty shall be paid

prior to license renewal. All private applicator licenses are in

effect for five (5) years and may be renewed by application after

completion of a continuing education program or written exam

approved by the Board.

Added by Laws 2023, c. 72, § 2, eff. Nov. 1, 2023.

§2-3-82C. Insurance requirements.

A. The Board shall not issue a commercial applicator's license

until the applicant has furnished evidence of an insurance policy or

certificate by an insurer or broker authorized to do business in

this state insuring the commercial applicator and any agents against

liability resulting from the operations of the commercial

applicator. The insurance shall not be applied to damage or injury

to agricultural crops, plants, or land being worked upon by the

commercial applicator.

Oklahoma Statutes - Title 2. Agriculture

B. The amount of liability shall not be less than that set by

the Board for each property damage arising out of actual use of any

pesticide. The liability shall be maintained at not less than that

sum at all times during the licensing period. The Board shall be

notified fifteen (15) days prior to any reduction in liability.

C. If the furnished liability becomes unsatisfactory, the

applicant shall immediately execute new liability upon notice from

the Board. If new liability is not immediately obtained, the Board

shall, upon notice, cancel the license. It shall be unlawful for

the person to engage in the business of applying pesticides until

the liability is brought into compliance and the license reinstated.

Added by Laws 2023, c. 72, § 3, eff. Nov. 1, 2023.

§2-3-82D. Alleging damages — Written complaint statement —

Inspection.

A. Prior to filing an action against an applicator for damages

to growing crops or plants, any person alleging damages to growing

crops or plants shall:

1. Within ninety (90) calendar days of the date that the

alleged damages occurred or prior to the time that twenty-five

percent (25%) of the allegedly damaged crops or plants are

harvested, whichever occurs first, file a written complaint

statement with the Department regarding the alleged damages; and

2. Between the date of filing of the written complaint pursuant

to paragraph 1 of this subsection and the date harvesting or

destruction of the allegedly damaged crops or plants occurs, allow

the applicator and the representatives of the applicator reasonable

access to the property to inspect and take samples of the allegedly

damaged crops or plants during reasonable hours. The

representatives of the applicator may include, but not be limited

to, crop consultants, bondsmen, and insurers. Nothing in this

paragraph shall limit in any way the harvesting or destruction of

the allegedly damaged crops or plants in the ordinary course of

business and practice.

B. Any person failing to comply with subsection A of this

section shall be barred from filing an action for damages against

the applicator.

Added by Laws 2023, c. 72, § 4, eff. Nov. 1, 2023.

§2-3-82E. Restricted use pesticide dealer's permit.

A. It shall be unlawful for any person to sell, offer for sale,

or distribute within this state any restricted use pesticide without

first obtaining a restricted use pesticide dealer's permit issued by

the Board.

B. A permit may be issued by the Board in any category of

pesticide sales if the applicant qualifies under the provisions of

this section and the applicant is limited to the category of

Oklahoma Statutes - Title 2. Agriculture

pesticide sales named on the permit. The Board may establish

categories of pesticide sales as necessary.

C. The permit shall be issued only upon application on a form

prescribed by the Board and the application shall contain

information regarding the applicant's proposed operation and other

information as specified by the Board.

D. Each business location engaged in the sale or distribution

of restricted use pesticides shall require a separate permit.

E. The annual permit fee for a restricted use pesticide dealer

permit shall be Fifty Dollars ($50.00) for each location.

F. The Board may require a certified applicator to be present

at any location where designated restricted use pesticide sales

occur.

Added by Laws 2023, c. 72, § 5, eff. Nov. 1, 2023.

§2-3-82F. Registration of pesticides and devices.

A. Every pesticide or device distributed, sold, or offered for

sale within this state or delivered for transportation or

transported in intrastate or interstate commerce shall be registered

with the Board.

B. The registrant shall file with the Board a statement

including, but not limited to:

1. The name and address of the registrant and the name and

address of the person whose name shall appear on the label, if other

than the registrant;

2. The name of the pesticide or device;

3. A complete copy of the labeling accompanying the pesticide

or device and a statement of all claims to be made for it, and

directions for use; and

4. If requested by the Board, a full description of the tests

made and the results upon which the claims are based. In renewing a

registration, a statement shall be required only with respect to

information which is different from the information furnished when

the pesticide or device was last registered.

C. Each registrant shall pay to the Board an annual

registration fee of Two Hundred Ten Dollars ($210.00) for each

pesticide or device label registered. These fees shall be used by

the Oklahoma Department of Agriculture, Food, and Forestry for

purposes of administering pesticide management programs. A portion

of these fees, in the amount of Three Hundred Thousand Dollars

($300,000.00) annually, shall be dedicated for conducting programs

for unwanted pesticide disposal. This amount shall be deposited

into the State Department of Agriculture Unwanted Pesticide Disposal

Fund and shall be dedicated for this use only.

D. The Board may require the submission of the complete formula

of any pesticide. Trade secrets and formulations submitted by the

registrant may be kept confidential. If it appears to the Board

Oklahoma Statutes - Title 2. Agriculture

that the composition of the pesticide is adequate to warrant the

proposed claims and if the pesticide, its labeling, and other

material required to be submitted comply with the requirements of

this section, then the pesticide shall be registered.

E. If it does not appear to the Board that the pesticide or

device is adequate to warrant the proposed claims for it or if the

pesticide or device, its labeling, and other material required to be

submitted do not comply with the provisions of this section, it

shall notify the applicant of the deficiencies in the pesticide,

device, labeling, or other material required and afford the

applicant an opportunity to make the necessary corrections. If the

applicant claims, in writing, that the corrections are not necessary

and requests in writing a hearing regarding the registration of the

pesticide or device, the Board shall provide an opportunity for a

hearing before refusing to issue the registration. In order to

protect the public, the Board may at any time cancel the

registration of a product or device. In no event, shall

registration of a pesticide or device be considered as a defense or

excuse for the commission of any offense prohibited under this

section.

F. The Board may require that pesticides be distinctively

colored or discolored to protect the public health.

G. Registration shall not be required in the case of a

pesticide shipped from one plant or place within this state to

another plant or place within this state that is operated by the

same person.

Added by Laws 2023, c. 72, § 6, eff. Nov. 1, 2023.

§2-3-82G. Establishment of categories for pesticide application

licenses and pesticide sales permits.

The Board may establish any category of license for pesticide

application or any category of permit for pesticide sales.

Added by Laws 2023, c. 72, § 7, eff. Nov. 1, 2023.

§2-3-82H. Pesticide sales permits and pesticide registrations —

Duration — Renewal.

A. All permits for pesticide sales shall be issued for a period

of one (1) year and the permits shall be renewed annually and shall

expire on a date determined by the Board. A permit may be renewed

for the ensuing year, without penalty, if a properly completed

application is filed with the Board not later than the fifteenth day

of the month first following the date of expiration. If the

application is not received by that date, a penalty of twice the

amount of the renewal fee shall be charged for renewal of the

permit.

B. All pesticide registrations shall be issued for a period of

one (1) year. The registration shall be renewed annually and shall

Oklahoma Statutes - Title 2. Agriculture

expire on a date to be determined by the Board. Pesticide

registrations may be renewed for the ensuing year, without penalty,

if a properly completed application is filed with the Board not

later than the fifteenth day of the month first following the date

of expiration. If the application is not received by that date, a

penalty of twice the amount of the renewal fee shall be charged for

renewal of the pesticide registration.

Added by Laws 2023, c. 72, § 8, eff. Nov. 1, 2023.

§2-3-82I. Pesticide producer establishment producer permit —

Duration — Renewal.

A. As used in this section:

1. "Establishment" means any site where a pesticide product,

active ingredient, or device is produced within the state;

2. "Produce" means to manufacture, prepare, propagate,

compound, or process any pesticide or to package, repackage, label,

relabel, or otherwise change the container of any pesticide or

device; and

3. "Producer" means any person who produces, manufactures,

prepares, compounds, propagates, or processes any active ingredient,

pesticide, or device as used in producing a pesticide.

B. It shall be unlawful for any person to produce within this

state any pesticide, active ingredient, or device without first

obtaining a pesticide producer establishment permit issued by the

Board.

C. The permit shall be issued only upon application on a form

prescribed by the Board. The application shall contain information

regarding the proposed operation of the applicant and other

information as specified by the Board. If at any time there is a

change of the information provided in or on the application for a

pesticide producer establishment permit, the producer must notify

the Board in writing within thirty (30) calendar days of the change.

D. The producer shall file a statement with the Board including

but not limited to:

1. The name and address of the company;

2. The name and address of the establishment as well as the

physical location, if different than the mailing address;

3. The name of any pesticide, active ingredient, or device; and

4. The name and address and other pertinent contact information

for the responsible party.

E. All permits for pesticide producer establishments shall be

issued for a period of one (1) year and shall be renewed annually.

All permits shall expire on June 30 each year and may be renewed

without penalty if a properly completed application is filed with

the Board not later than the fifteenth day of the month first

following the date of expiration. If the application is not

Oklahoma Statutes - Title 2. Agriculture

received by that date, a penalty of twice the amount of the renewal

fee shall be charged for renewal of the permit.

F. Each pesticide producer establishment location engaged in

the production of pesticides, active ingredients or devices shall

require a separate permit.

G. The annual permit fee for a pesticide producer establishment

shall be One Hundred Dollars ($100.00) for each location.

H. If requested by the Board, a complete copy of all labeling,

Material Safety Data Sheets, technical information associated with

the pesticide, active ingredient, or device and a statement of all

claims to be made as well as directions and use must be submitted to

the Board.

I. In order to determine compliance with state and federal

laws, the Board may request a full disclosure of inventory records,

sales and distribution records, and any other information deemed

necessary by the Board.

J. Every producer shall keep accurate records pertaining to

pesticide, active ingredient, or device production and distribution

as required by the Board. The records of the producer shall be kept

intact at the principal producing location in this state for at

least two (2) years after the date of production and distribution

and copies shall be furnished to any authorized agent of the Board,

immediately upon request in person, at any time during the regular

business hours of the producer. Copies of records shall be

furnished to any authorized agent of the Board within seven (7)

working days of a written request, in summary form, by mail, fax,

email, website, or any other electronic media customarily used.

Added by Laws 2023, c. 72, § 9, eff. Nov. 1, 2023.

§2-3-82J. Written complaints — Notification.

Upon receipt of a written complaint, the Board shall notify the

person filing the complaint in writing of its receipt and status

within two (2) working days. The person whom the complaint is filed

against shall also be notified within two (2) working days.

Notification that a complaint has been filed may also be given to

the landowner or operator when appropriate. The resolution of a

complaint is the completion of the appropriate administrative,

jurisdictional, or legal remedies to the extent possible by the

Department. The complainant shall be notified in writing within

seven (7) working days after resolution of the complaint.

Added by Laws 2023, c. 72, § 10, eff. Nov. 1, 2023.

§2-3-83. Keeping of records – Board audits.

A. Every commercial and noncommercial applicator shall keep

accurate records pertaining to pesticide activities, applications,

and wood infestation reports, as required by the State Board of

Agriculture. The records of the applicator shall be kept intact at

Oklahoma Statutes - Title 2. Agriculture

the principal business location in this state for at least two (2)

years after their date of expiration and copies shall be furnished

to any authorized agent of the Board, immediately upon request in

person, at any time during the regular business hours of the

applicator. Copies of records shall be furnished to any authorized

agent of the Board within seven (7) working days of a written

request, in summary form, by mail, fax, e-mail, web site, or any

other electronic media customarily used.

B. Every restricted use pesticide dealer shall keep accurate

records pertaining to restricted use pesticide purchases and sales,

as required by the Board. The records shall be kept intact at the

principal business location in this state for at least two (2) years

after their date of expiration. Copies shall be furnished to any

authorized agent of the Board at any time during the regular

business hours of the dealer, immediately upon request in person, or

within seven (7) working days of a written request, in summary form,

by mail, fax, e-mail, web site, or any other electronic media

customarily used.

C. It shall be the duty of the Board to audit the maintenance

of records as necessary to carry out the provisions of the Oklahoma

Agriculture Code.

Added by Laws 1961, p. 2, § 3. Amended by Laws 1967, c. 278, § 1,

emerg. eff. May 8, 1967; Laws 1977, c. 98, § 6; Laws 1984, c. 156, §

3, eff. Nov. 1, 1984; Laws 2000, c. 367, § 12, emerg. eff. June 6,

2000.

§2-3-84. Declaration of pest – Rules - Requirements.

A. The Board shall have the authority to declare any form of

plant or animal life or virus which is injurious to plants, humans,

domestic animals, articles, or substances as a pest. The Board

shall have the authority to classify pesticide uses as being

general, restricted, or both, to determine standards of coloring or

discoloring for pesticides, and to subject pesticides to the

requirements of this section.

B. The Board shall promulgate appropriate rules for carrying

out the provisions of this section.

C.

The Board shall, to the extent practical, create uniformity

between the requirements of Oklahoma and those prescribed by the

Federal Insecticide, Fungicide and Rodenticide Act, as amended.

Added by Laws 1961, p. 3, § 4, operative July 1, 1961. Amended by

Laws 1965, c. 324, § 1, emerg. eff. June 28, 1965; Laws 1977, c. 98,

§ 7; Laws 2000, c. 367, § 13, emerg. eff. June 6, 2000; Laws 2004,

c. 109, § 2; Laws 2014, c. 280, § 2, eff. Nov. 1, 2014.

§2-3-85. Enforcement - Rules and standards – Examination, notice

and seizure – Exceptions - Environmental jurisdiction – Compliance

with federal law.

Oklahoma Statutes - Title 2. Agriculture

A. 1. The State Board of Agriculture shall administer and

enforce the provisions of the Combined Pesticide Law.

2. The State Board of Agriculture shall promulgate rules and

standards for the application, use or sale of pesticides, rules for

pesticide registration, standards for contracts and recordkeeping,

work performance, prescribe standards for the licensing of

application of pesticides, issuing pesticide dealer permits,

certification, recertification procedures, and storing and disposal

of pesticide and pesticide containers.

3. The Board shall, to the extent practical, create uniformity

between the requirements of Oklahoma and those prescribed by the

Federal Insecticide, Fungicide, and Rodenticide Act.

4. The Board is empowered to cooperate with and negotiate

reciprocal agreements with the federal government or any state, or

any department or agency of either for the purpose of fulfilling the

intent of this section and securing uniformity of rules.

5. The Board may inspect any work, records, or contracts of

each applicator, manufacturer, or dealer to determine whether or not

the work is performed according to the provisions of this section or

rules promulgated thereunder.

6. For the purpose of securing uniformity of rules, no city,

town, county, or other political subdivision of this state shall

adopt or continue in effect any ordinance, rule, regulation, or

statute regarding pesticide sale or use that is more stringent than

the rules of the Board, including, but not limited to, registration,

notification, posting, advertising and marketing, distribution,

applicator training and certification, storage, transportation,

disposal, disclosure of confidential information, or product

composition.

7. The Board may take samples of pesticide materials in order

to determine their concentration or residue level. If the Board

finds that such samples are not within established standards, the

Board’s finding shall be considered prima facie evidence that a

violation has occurred.

a.

The concentration of an active ingredient for a

pesticide concentrate shall not exceed or be less than

the concentration of active ingredient stated on the

pesticide label by more or less than the tolerance for

active ingredient concentration specified by this

paragraph. Concentrations above or below the

established tolerance shall be prima facie evidence

that a pesticide is adulterated or misbranded:

(1) pesticides with a stated concentration of active

ingredient less than fifty-one-hundredths of one

percent (0.51%) shall not exceed one hundred

fifty percent (150%) or fail to meet eighty

Oklahoma Statutes - Title 2. Agriculture

b.

percent (80%) of the stated active ingredient on

the pesticide label when analyzed,

(2) pesticides with a stated concentration of active

ingredient not less than fifty-one-hundredths of

one percent (0.51%) and not more than one percent

(1%) shall not exceed one hundred forty percent

(140%) or fail to meet eighty-five percent (85%)

of the stated active ingredient on the pesticide

label when analyzed,

(3) pesticides with a stated concentration of active

ingredient not less than one and one-hundredths

of one percent (1.01%) and not more than five

percent (5%) shall not exceed one hundred forty

percent (140%) or fail to meet ninety percent

(90%) of the stated active ingredient on the

pesticide label when analyzed,

(4) pesticides with a stated concentration of active

ingredient not less than five and one-hundredths

of one percent (5.01%) and not more than ten

percent (10%) shall not exceed one hundred thirty

percent (130%) or fail to meet ninety-two percent

(92%) of the stated active ingredient on the

pesticide label when analyzed,

(5) pesticides with a stated concentration of active

ingredient not less than ten and one-hundredths

of one percent (10.01%) and not more than fifty

percent (50%) shall not exceed one hundred

twenty-five percent (125%) or fail to meet

ninety-four percent (94%) of the stated active

ingredient on the pesticide label when analyzed,

and

(6) pesticides with a stated concentration of active

ingredient not less than fifty and one-hundredths

of one percent (50.01%) and more than one hundred

percent (100%) shall not exceed one hundred

fifteen percent (115%) or fail to meet ninety-six

percent (96%) of the stated active ingredient on

the pesticide label when analyzed.

The concentration of an active ingredient for a

pesticide concentrate in fertilizer and pesticide

mixtures, pressed blocks and nonuniform baits shall

not be less than the concentration of active

ingredient stated on the pesticide label for the

tolerance for active ingredient concentration

specified by this paragraph. Concentrations below the

established tolerance shall be prima facie evidence

that a pesticide is adulterated or misbranded:

Oklahoma Statutes - Title 2. Agriculture

(1)

c.

when the stated concentration of active

ingredient on the pesticide label is less than

one and twenty-six-hundredths of one percent

(1.26%), the minimum amount of active ingredient

shall be at least sixty-seven percent (67%) of

the stated concentration on the pesticide label

when analyzed,

(2) when the stated concentration of active

ingredient on the pesticide label is not less

than one and twenty-six-hundredths of one percent

(1.26%) or more than five percent (5%), the

minimum amount of active ingredient shall be at

least eighty percent (80%) of the stated

concentration on the pesticide label when

analyzed, and

(3) when the stated concentration of active

ingredient on the pesticide label is more than

five percent (5%), the minimum amount of active

ingredient shall be at least eighty-five percent

(85%) of the stated concentration on the

pesticide label when analyzed.

The concentration of an active ingredient for a

pesticide concentrate in rotenone, pyrethrin and other

natural product formulations shall not be less than

the concentration of active ingredient stated on the

pesticide label for the tolerance for active

ingredient concentration specified by this paragraph.

Concentrations below the established tolerance shall

be prima facie evidence that a pesticide is

adulterated or misbranded:

(1) when the stated concentration of active

ingredient on the pesticide label is less than

fifty-one-hundredths of one percent (0.51%), the

minimum amount of active ingredient shall be at

least seventy percent (70%) of the stated

concentration on the pesticide label when

analyzed,

(2) when the stated concentration of active

ingredient on the pesticide label is not less

than fifty-one-hundredths of one percent (0.51%)

or more than one and twenty-five-hundredths of

one percent (1.25%), the minimum amount of active

ingredient shall be at least eighty percent (80%)

of the stated concentration on the pesticide

label when analyzed, and

(3) when the stated concentration of active

ingredient on the pesticide label is more than

Oklahoma Statutes - Title 2. Agriculture

d.

one and twenty-five-hundredths of one percent

(1.25%), the minimum amount of active ingredient

shall be at least eighty-five percent (85%) of

the stated concentration on the pesticide label

when analyzed.

The concentration of an active ingredient for a

pesticide tank mix, as stated by the applicator and

allowed by the pesticide label, shall not exceed or be

less than the concentration of active ingredient

stated by more or less than the tolerance for active

ingredient concentration specified by this paragraph.

Concentrations above or below the established

tolerance shall be prima facie evidence of a use

unsuitable, unsafe or inconsistent with its label or

labeling. No pesticide shall be formulated into a

tank mix at a concentration in excess of or below that

permitted by the pesticide label without written

approval from an authorized agent of the Oklahoma

Department of Agriculture, Food, and Forestry:

(1) when the stated concentration or that allowed by

the pesticide label is less than fifty-onehundredths of one percent (0.51%), the minimum

amount of active ingredient in the tank mix shall

be at least sixty percent (60%) and not more than

one hundred fifty percent (150%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(2) when the stated concentration or that allowed by

the pesticide label is not less than fifty-onehundredths of one percent (0.51%) and not more

than one percent (1%), the minimum amount of

active ingredient in the tank mix shall be at

least seventy percent (70%) and not more than one

hundred forty percent (140%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(3) when the stated concentration or that allowed by

the pesticide label is not less than one and onehundredths of one percent (1.01%) and not more

than five percent (5%), the minimum amount of

active ingredient in the tank mix shall be at

least eighty percent (80%) and not more than one

hundred forty percent (140%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(4) when the stated concentration or that allowed by

the pesticide label is not less than five and

Oklahoma Statutes - Title 2. Agriculture

one-hundredths of one percent (5.01%) and not

more than ten percent (10%), the minimum amount

of active ingredient in the tank mix shall be at

least eighty-four percent (84%) and not more than

one hundred thirty percent (130%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(5) when the stated concentration or that allowed by

the pesticide label is not less than ten and onehundredths of one percent (10.01%) and not more

than fifty percent (50%), the minimum amount of

active ingredient in the tank mix shall be at

least eighty-eight percent (88%) and not more

than one hundred twenty-five percent (125%) of

the stated concentration or that allowed by the

pesticide label when analyzed, and

(6) when the stated concentration or that allowed by

the pesticide label is not less than fifty and

one-hundredths of one percent (50.01%) and not

more than one hundred percent (100%), the minimum

amount of active ingredient in the tank mix shall

be at least ninety-two percent (92%) and not more

than one hundred fifteen percent (115%) of the

stated concentration or that allowed by the

pesticide label when analyzed.

e.

The State Board of Agriculture may promulgate, by

rule, maximum and minimum concentrations or thresholds

for the other concentrate of pesticides in products,

or soil residues.

B. If registered by the United States Environmental Protection

Agency, registered in Oklahoma, and used in accordance with all

requirements as prescribed by the product label, any borate-based

pesticide for termite control may be applied as a stand-alone

termite treatment.

C. Authorized agents of the Board shall have the authority to

issue notices of violation, citations, compliance orders, stop

sales, or stop work orders to those persons committing violations of

the laws or rules relating to pesticides or pesticide application in

this state.

D. 1. Examinations of pesticides or devices shall be made

under the direction of the Board for the purpose of determining if

there has been compliance with the requirements of this section.

2. If it appears from examination that a pesticide or device

fails to comply with the provisions of this section, and the Board

contemplates instituting administrative proceedings against any

person, the Board shall cause notice and an opportunity for a

Oklahoma Statutes - Title 2. Agriculture

hearing given to the person pursuant to the Administrative

Procedures Act.

E. 1. Any pesticide or device distributed, sold, or offered

for sale within this state or delivered for transportation or

transported in intrastate or interstate commerce may be seized by

the Oklahoma Department of Agriculture, Food, and Forestry in any

county of the state where it may be found and if:

a.

in the case of a pesticide, it is adulterated or

misbranded, it has not been registered, it fails to

bear on its label the required information, or it is a

white powder pesticide and it is not colored as

required, or

b.

in the case of a device, it is misbranded.

2. If the pesticide or device is condemned it shall, after

entry of decree or judgment of a district court, be disposed of by

destruction or sale as the court may direct. If the article is

sold, the proceeds, less court costs, shall be paid to the State

Department of Agriculture Revolving Fund.

3. The court shall not order the sale or disposal of a

condemned pesticide or device in a manner which would be a violation

of this section or rules promulgated thereto.

4. The person or entity directed to dispose or sell the

condemned pesticide or device shall do so in a manner that complies

with the order of the district court and this section and rules

promulgated thereto.

5. The court may direct that the pesticide or article be

delivered to the owner for relabeling or reprocessing.

6. If there is a person who is successful in intervening as

claimant of the pesticide or device, when a decree of judgment of

condemnation is entered against the pesticide or device, court

costs, fees, storage, and other proper expenses shall be awarded

against such claimant.

F. The Board may, by publication in a manner as it may

prescribe, give notice of all judgments entered in action,

instituted under its authority.

G. All authority vested in the Board shall with like force and

effect be executed by its officers, employees, and authorized

agents.

H. EXCEPTION – The fines provided for violations may not apply

to:

1. Any carrier while lawfully engaged in transporting a

pesticide within this state, if the carrier permits the Board upon

request to copy all records showing the transaction in and movement

of the pesticide and devices involved;

2. Public officials of this state and of the federal government

engaged in the performance of official duties;

Oklahoma Statutes - Title 2. Agriculture

3. The manufacturer or shipper of a pesticide or device for

experimental use only, by or under the supervision of an agency of

this state or of the federal government authorized by law to conduct

research in the field of pesticides or devices, or by others if the

pesticide or the device is not sold or if the container is plainly

and conspicuously marked “for experimental use only - not to be

sold”, together with the manufacturer’s name and address, if a

written permit has been obtained from the Board. Pesticides or

devices may be sold for experimental purposes subject to

restrictions set forth in the permit; and

4. Pesticides and devices intended solely for export to a

foreign country, and prepared or packed according to the

specifications or directions of the purchaser. If not exported, all

of the provisions of this section shall apply.

I. 1. The Department of Environmental Quality shall have

environmental jurisdiction over:

a.

commercial manufacturers of fertilizers, grain and

feed products, and chemicals, and over manufacturing

of food and kindred products, tobacco, paper, lumber,

wood, textile mill and other agricultural products,

b.

slaughterhouses, but not including feedlots at these

facilities, and

c.

aquaculture and fish hatcheries, including, but not

limited to, discharges of pollutants and storm water

to waters of the state, surface impoundments and land

application of wastes and sludge, and other pollution

originating at these facilities; and

2. Facilities which store grain, feed, seed, fertilizer, and

agricultural chemicals that are required by federal National

Pollutant Discharge Elimination System (NPDES) regulations to obtain

a permit for storm water discharges shall only be subject to the

jurisdiction of the Department of Environmental Quality with respect

to such storm water discharges.

J. This section shall not prevent any political subdivision

from complying with any applicable federal law or regulation. A

political subdivision which takes any action prohibited by this

title in order to comply with federal requirements shall notify the

Board of its compliance plan prior to taking any action. The Board

may assist the political subdivision in complying with federal

requirements necessary to carry out the policy of this section. The

Board may permit a political subdivision to impose standards more

stringent than required by the Board if necessary for the political

subdivision to comply with federal requirements.

Added by Laws 1961, p. 3, § 5, operative July 1, 1961. Amended by

Laws 1977, c. 98, § 8; Laws 1984, c. 156, § 4, eff. Nov. 1, 1984;

Laws 1992, c. 229, § 2, emerg. eff. May 19, 1992; Laws 2000, c. 367,

§ 14, emerg. eff. June 6, 2000; Laws 2005, c. 64, § 1, eff. Nov. 1,

Oklahoma Statutes - Title 2. Agriculture

2005; Laws 2006, c. 201, § 2, eff. Nov. 1, 2006; Laws 2014, c. 280,

§ 3, eff. Nov. 1, 2014; Laws 2024, c. 329, § 2, emerg. eff. May 21,

2024.

§2-3-86. Denial, suspension, cancellation, revocation or nonrenewal

of license, certificate or identification – Violations - Penalties.

A. It shall be unlawful for any person, whether or not they

hold a commercial or noncommercial license, to violate any part of

this subsection or rules promulgated by the State Board of

Agriculture. Any license, certificate, or identification issued may

be suspended, canceled, revoked, or refused issue or reissue by the

Board after a notice and an opportunity to be heard has been given

to the holder of the license or certificate. The suspension,

cancellation, revocation, or refusal to issue or reissue any

license, certificate, or identification may be made if the Board

finds:

1. A person has made misrepresentations for the purpose of

defrauding, or has not satisfactorily performed, without proper

cause, any contract into which the person entered;

2. A person has negligently used methods or pesticides that are

ineffective or improper for the purpose for which they have been

employed;

3. A person has operated in a negligent manner, thereby causing

a pesticide to drift off-target;

4. A person has used a pesticide in a manner inconsistent with

its labeling unless prior written approval has been obtained from

the Board;

5. Failure or refusal to furnish the Board, upon request, true

information regarding methods, pesticides, and safety measures used,

work performed, or other information required by the Board, or for

making any false statement or representation in the person's

application for issuance or renewal of a permit;

6. Any violation of state law or rules or standards prescribed

by the Board;

7. The issuance of an inaccurate, misleading, or fraudulent

wood infestation report;

8. Failure or refusal to keep and maintain complete and

accurate records as specified in this subarticle;

9. Advertising or offering to perform in a category of

pesticide application for which no license is held or under a name

for which no license is held;

10. Failure or refusal to pay by the specified date any fees,

fines, or penalties authorized under this subarticle;

11. Failure to explain in writing in a contract signed by the

property owner the ways that a pesticide application fails to comply

with any minimum requirements or standards authorized by this

article;

Oklahoma Statutes - Title 2. Agriculture

12. Failure to perform work according to minimum standards

authorized by this subarticle except as agreed by all parties in

writing in the contract;

13. Falsely stating that a person is employed by or represents

another person;

14. Falsely stating that a person or methods are recommended by

any branch of government or that any specific work shall be

inspected by any branch of government;

15. Any person to act, operate, do business, or advertise as an

applicator unless the person has obtained a valid license issued by

the Board for the category in which the person is engaged;

16. Any persons to be employed or represent themselves as

certified applicators or service technicians unless they have met

the certification standards prescribed by the Board and obtained

valid certificates or identifications issued by the Board for the

categories for which the persons are to be employed or supervised;

17. Any person to act or operate as a private applicator unless

the person has obtained a valid private applicator license issued by

the Board;

18. Any person convicted in any court of a violation of this

subarticle, pesticide laws of any other state, or the Federal

Insecticide Fungicide and Rodenticide Act;

19. Failure to correct substandard work within twenty (20)

calendar days of written notification unless an extension has been

granted in writing by the Board;

20. Failure to comply with the Worker Protection Standard as

defined in the Code of Federal Regulations 40 CFR 170;

21. Failure to comply with the provisions of a citation, stop

work order, or stop sale order issued by the Board; or

22. Any other proper cause.

B. Any person, holder or nonholder of a valid license violating

any of the provisions of this subarticle shall be guilty of a

misdemeanor and shall be punishable by a fine of not less than One

Hundred Dollars ($100.00) and not more than Ten Thousand Dollars

($10,000.00), imprisonment in the county jail for not less than

thirty (30) days and not more than one (1) year, or both.

C. It shall be unlawful for any person, whether or not a person

holds a permit as a manufacturer, registrant, or distributor, to

distribute, sell, or offer for sale within this state, deliver for

transportation or transport in intrastate or interstate commerce, or

to violate any part of this subarticle or rules promulgated by the

Board. Any pesticide registration, permit, certificate, or

identification issued may be suspended, canceled, revoked, or

refused reissue by the Board after a notice and opportunity to be

heard has been given to the holder of the registration, permit,

certificate, or identification. Notice shall be given to the holder

of the registration, permit, certificate, or identification by

Oklahoma Statutes - Title 2. Agriculture

registered or certified mail at least ten (10) days prior to the

date of hearing. The suspension, cancellation, revocation, or

refusal to reissue any registration, permit, certificate or

identification may be made if the Board finds that:

1. A pesticide or device which has not been registered pursuant

to the provisions of this subarticle, or any of the claims made for

it or any of the directions for its use differ in substance from the

representations made in connection with its registration, or if the

composition differs from its composition as represented in

connection with its registration. At the discretion of the Board, a

change in the labeling or formula may be made within a registration

period without requiring reregistration of the product;

2. A pesticide unless it is in the registrant’s or the

manufacturer’s unbroken original container, does not have a clear

and readable label affixed to the original container and to the

outside container or wrapper of the retail package, the following

information:

a.

the name and address of the manufacturer, registrant,

or person for whom manufactured,

b.

the name, brand, or trademark under which the article

is sold, and

c.

the net weights or measures of the content subject to

reasonable variations as the Board shall permit;

3. In addition to any other requirement any pesticide

containing a substance in quantities highly toxic to humans, that

does not bear a label containing:

a.

the skull and crossbones,

b.

the word “DANGER” prominently in red, on a background

of distinctly contrasting color, and

c.

a statement of an antidote for the pesticide;

4. An adulterated or misbranded pesticide or device;

5. That any person intends to or has distributed, sold, stored,

or used any pesticide or device in a manner inconsistent with its

labeling;

6. That any person has sold or offered for sale any pesticide

or device which has been canceled, suspended, or placed under stop

sale except when the Board directs the sale of unused quantities of

pesticides whose registrations have been canceled or suspended;

7. A pesticide dealer has sold, offered for sale, or

distributed within this state any pesticide without first obtaining

a valid pesticide dealer's permit in the appropriate category issued

by the Board;

8. A pesticide dealer has failed or refused to keep accurate

and complete records, as required by the Board, for a period of at

least two (2) years at each business location;

Oklahoma Statutes - Title 2. Agriculture

9. A pesticide dealer has failed or refused to provide true and

complete information to the Board, upon request, regarding pesticide

sales, or other information required by the Board;

10. A person has made any false statement or representation in

the person’s application for issuance or renewal of a permit;

11. A person has failed or refused to pay by the specified date

any fees, fines, or penalties authorized under the Oklahoma

Agricultural Code;

12. A person has failed to comply with the provisions of a

citation, stop work order, or stop sale order issued by the Board;

13. A person has detached, altered, defaced, or destroyed, in

whole or in part, any label or labeling provided for in this

subarticle or in rules promulgated by the Board, and added any

substance to or taken any substance from a pesticide in a manner

that may defeat any of the purposes of this subarticle;

14. A person has used any information concerning formulas for

products acquired by authority of this subarticle for personal

advantage or revealed such information to another, other than to the

Board or proper officials or employees of the state, to the courts

of this state in response to a subpoena, physicians, or in

emergencies to pharmacists and other qualified person, for use in

the preparation of antidotes;

15. A person has violated the state law or rules promulgated by

the Board pursuant thereto;

16. Any person has been convicted in any court of a violation

of this act, pesticide laws of any other state, or Federal

Insecticide Fungicide and Rodenticide Act; or

17. A person determined by the Board to have violated any

provision of this subarticle or rules promulgated by the Board.

D. If after notice and an opportunity for hearing in accordance

with the Administrative Procedures Act, the Board finds any person

to be in violation of any of the provisions of this subarticle or

rules promulgated by the Board, the Board has the authority to

assess an administrative penalty of not less than One Hundred

Dollars ($100.00) and not more than Ten Thousand Dollars

($10,000.00) for each violation. It shall also be unlawful and a

misdemeanor for any person, whether or not a commercial or

noncommercial license holder, to use a pesticide in a manner

inconsistent with its labeling unless prior written approval has

been obtained by the Board.

E. Except as provided for by law, any person, holder or nonholder of a valid license, registration, permit, certificate, or

other identification issued by the Board violating any of the

provisions of this subarticle shall be guilty of a misdemeanor and

shall be punishable by a fine of not less than One Hundred Dollars

($100.00) and not more than Ten Thousand Dollars ($10,000.00) or by

Oklahoma Statutes - Title 2. Agriculture

imprisonment in the county jail for not less than thirty (30) days

and not more than one (1) year, or both.

Added by Laws 1961, p. 3, § 6, operative July 1, 1961. Amended by

Laws 1977, c. 98, § 9; Laws 1984, c. 156, § 5, eff. Nov. 1, 1984;

Laws 1986, c. 285, § 3, eff. Nov. 1, 1986; Laws 2000, c. 367, § 15,

emerg. eff. June 6, 2000; Laws 2004, c. 109, § 3; Laws 2012, c. 113

§ 1, eff. Nov. 1, 2012.

NOTE: A former § 3-86 of this title was repealed by Laws 1961, p.

3, § 7, operative July 1, 1961.

§2-3-89.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-90.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-91.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-92.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-93.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-94.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§s-3-95.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-96.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-100. Short title.

This subarticle shall be known and may be cited as the Oklahoma

Apiary Act.

Added by Laws 1988, c. 259, § 1, operative July 1, 1988. Amended by

Laws 2000, c. 367, § 16, emerg. eff. June 6, 2000.

§2-3-100.1. Definitions.

For purposes of the Oklahoma Apiary Act:

1. “Abandoned apiary” means any apiary not regularly attended

in accordance with good beekeeping practices;

2. “Africanized honeybee” or “Apis mellifers scutellata” means

a hybridized bee of African descent that at any stage of development

is considered a pest to bees, humans, and animals;

Oklahoma Statutes - Title 2. Agriculture

3. "Apiary" means a place where one or more colonies or nuclei

of bees are kept;

4. "Apiary equipment" means any apparatus, tools, clothing,

machines, or other devices used in the handling and manipulation of

bees, honey, wax, pollen, propolis, and hives and includes, but is

not limited to, any containers of honey or wax that may be used in

any apiary, any vehicle used in transporting bees and products, or

apiary supplies;

5. "Bee" means any one of the honey-producing genera of Apis

including any queen, worker, or drone, or any of their four life

stages. The term bee includes, but is not limited to, any species

of bees used for commercial pollinating purposes;

6. "Beekeeper" means a person who owns, possesses, controls, or

manages one or more colonies of bees for any purpose;

7. “Bee disease” means an abnormal condition of the eggs,

larvae, pupae, or adult stages of bees that impairs normal

functioning;

8. “Certificate of inspection” means a document issued based on

an inspection by the Oklahoma Department of Agriculture, Food, and

Forestry or other state or province stating that the apiary, bees,

and apiary equipment appear free of bee diseases and pests;

9. "Colony" means an aggregate of worker bees, drones, queen,

and developing young bees and the hive and its components including

comb, honey, propolis, and pollen;

10. “Feral colony” means any colony that is not managed

according to good beekeeping practices;

11. "Hive" means any domicile for keeping bees;

12. "Honey house" means any room in any building where honey is

extracted, stored in raw form, processed, or packaged;

13. "Migratory beekeeper" means a beekeeper who moves or

transports colonies of bees into the state to a more favorable

location for the purpose of wintering colonies, increasing the

strength of colonies, increasing the number of colonies, providing

pollination services, or for honey production;

14. “Nucleus” means any division or portion of a colony that

contains comb and bees;

15. "Pest" means any living organism which is responsible,

directly or indirectly, for any condition that is or may be harmful

or detrimental to bees in any of their four life stages, or

interferes with their management including, but not limited to,

diseases, parasites, and Africanized honeybees;

16. "Pollination" means the use of bees for the transfer of

pollen in crops;

17. "Premise" means any place where bees, colonies, hive,

apiary equipment, or honey may be located including, but not limited

to, apiaries; and

Oklahoma Statutes - Title 2. Agriculture

18. "Quarantine" means, but is not limited to, any order, hold,

detainment, affected area, infected premise or area, movement

restrictions of any kind, or notice issued by any state or federal

entity specifying boundaries or conditions placed on any apiary,

apiary equipment, bees, hives, or honey at its location after

discovering the presence of a bee disease or pest.

Added by Laws 1988, c. 259, § 2, operative July 1, 1988. Amended by

Laws 2000, c. 367, § 17, emerg. eff. June 6, 2000; Laws 2005, c.

135, § 1, eff. Nov. 1, 2005.

§2-3-101. Enforcement of act - Powers of Board.

A. The State Board of Agriculture or its authorized agents

shall have the authority to enter any premises or mode of

transportation during reasonable hours for the purpose of

implementing the Oklahoma Apiary Act or rules promulgated pursuant

thereto.

B. The Board or its authorized agents shall have the authority

to carry out all necessary and proper actions to determine

compliance with the Oklahoma Apiary Act including, but not limited

to, conducting investigations, opening any bundle, package, or

container, examining and making photocopies of records or documents,

examining devices, collecting and submitting samples for analysis,

issuing any order to destroy infected or infested bees or apiary

equipment, and removing or destroying bees, hives or other articles

as deemed necessary by the Board.

C. The Board is authorized to promulgate rules necessary,

expedient, or appropriate for the performance, enforcement, or

carrying out of any of the purposes, objectives, or provisions of

the Oklahoma Apiary Act, including the establishment of fees. All

fees shall be fair and equitable to all parties concerned. Any

rules shall be promulgated pursuant to the Administrative Procedures

Act.

D. The Board shall have the authority to:

1. Issue, renew, deny, modify, suspend, cancel, and revoke any

registration, permit, certificate, license, identification, or order

issued pursuant to the provisions of the Oklahoma Apiary Act;

2. Issue certificates of inspection;

3. Issue entry permits to any person transporting bees or

apiary equipment into this state;

4. Investigate complaints and violations of the Oklahoma Apiary

Act and rules promulgated pursuant thereto;

5. Issue quarantines, initiate control measures, confiscate,

and destroy apiaries, bees, colonies, or hives that present a danger

to the public safety or welfare; and

6. Exercise all incidental powers as necessary and proper to

implement and enforce the provisions of the Oklahoma Apiary Act and

the rules of the Board promulgated pursuant thereto.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 17, art. 3(F), § 1, emerg. eff. June 3, 1955.

Amended by Laws 1988, c. 259, § 3, operative July 1, 1988; Laws

2000, c. 367, § 18, emerg. eff. June 6, 2000; Laws 2005, c. 135, §

2, eff. Nov. 1, 2005; Laws 2013, c. 118, § 1, eff. Nov. 1, 2013.

§2-3-103. Quarantine – Declaration of bee disease or pest - Order

to destroy.

A. Upon the discovery of any bee disease or pest, a premise

shall be quarantined by the Oklahoma Department of Agriculture,

Food, and Forestry.

B. The State Board of Agriculture shall have the authority to

declare any form of bee, plant, animal, or virus that is injurious

to bees as a bee disease or pest.

C. Any person receiving a quarantine order shall immediately

initiate any and all control measures specified in the quarantine.

D. The quarantine shall remain in effect until officially

removed by the Department.

E. When there are no effective control measures available, or

the person fails to initiate control, a Board order to destroy the

bees and apiary equipment infected or infested with the bee disease

or pest may be issued by the Department to prevent the spread of the

bee disease or pest.

Added by Laws 1955, p. 17, art. 3(F), § 3, emerg. eff. June 3, 1955.

Amended by Laws 1988, c. 259, § 4, operative July 1, 1988; Laws

2000, c. 367, § 19, emerg. eff. June 6, 2000; Laws 2005, c. 135, §

3, eff. Nov. 1, 2005.

§2-3-106. Sales and transport of apiaries, equipment, bees, or

hives.

A. A person shall not sell or offer for sale any apiary, apiary

equipment, bee, or hive in this state unless free of bee diseases or

pests.

B. Any apiary, apiary equipment, bee, or hive shipped or

transported interstate shall be accompanied with a certificate of

inspection issued by the state of origin.

C. Any person moving or transporting colonies into, within, or

through the State of Oklahoma shall secure the colonies in a manner

that prevents the escape of bees.

D. Honey or honey products used in shipping cages for the

transport or movement of bees shall be boiled for at least thirty

(30) minutes.

Added by Laws 1955, p. 17, art. 3(F), § 6, emerg. eff. June 3, 1955.

Amended by Laws 1988, c. 259, § 5, operative July 1, 1988; Laws

2000, c. 367, § 20, emerg. eff. June 6, 2000; Laws 2005, c. 135, §

4, eff. Nov. 1, 2005.

§2-3-107.

Repealed by Laws 2005, c. 135, § 14, eff. Nov. 1, 2005.

Oklahoma Statutes - Title 2. Agriculture

§2-3-113. Voluntary registration program – Location of new apiaries

– Abandoned apiaries.

A. The Oklahoma Department of Agriculture, Food, and Forestry,

on a form prescribed by the Department, shall establish a voluntary

registration program. The program shall be available to any of the

following:

1. Any person establishing, maintaining, or locating an apiary

within the state;

2. Any person shipping bees into the state; or

3. Migratory beekeepers that transport colonies of bees into

the state.

B. The Department shall issue to each registrant a registration

identification number. Any person owning an apiary that does not

register with the Department shall be required to post personal

contact information at or near their apiary.

C. All registrants shall pay registration fees as established

by the State Board of Agriculture. Fees shall be paid to the Board

prior to the processing of the registration.

D. The Board shall promulgate rules to establish and administer

the voluntary registration program.

E. No person shall locate a new apiary within close proximity

to an established apiary if the Department determines that the new

apiary presents an imminent danger of spreading bee diseases or

pests or interferes with the proper feeding and foraging of an

established apiary.

F. If the Department discovers an apiary that does not appear

to have a registration identification number, the Department shall

make a reasonable effort to locate and notify the beekeeper or

owner. If no beekeeper or owner is identified for the apiary, then

it may be designated as an abandoned apiary, and the Department may

destroy the apiary or donate it to an appropriate research facility.

Added by Laws 1955, p. 19, art. 3(F), § 13, emerg. eff. June 3,

1955. Amended by Laws 1988, c. 259, § 7, operative July 1, 1988;

Laws 1992, c. 290, § 1, eff. Sept. 1, 1992; Laws 2000, c. 367, § 22,

emerg. eff. June 6, 2000; Laws 2005, c. 135, § 5, eff. Nov. 1, 2005.

§2-3-114.

Repealed by Laws 2005, c. 135, § 14, eff. Nov. 1, 2005.

§2-3-116. Certificate of inspection – Pollination or honey

production colony inspection - Investigation.

A. For the purposes of obtaining a certificate of inspection, a

person may request the Oklahoma Department of Agriculture, Food, and

Forestry to conduct an inspection of their apiary, colony, hive,

apiary equipment, or premise.

Oklahoma Statutes - Title 2. Agriculture

B. Upon completion of inspection, the Department shall issue a

certificate of inspection stating that the apiary, the colony, hive,

apiary equipment, or premise is either:

1. Apparently free of bee diseases or pests; or

2. Not free of bee diseases or pests and the certificate of

inspection contains a list of any and all bee diseases or pests

found during the inspection.

C. Any beekeeper who provides colonies of bees for pollination

purposes or honey production pursuant to an oral or written contract

shall be subject to inspection by the Oklahoma Department of

Agriculture, Food, and Forestry for the strength of colonies and the

presence of pests. The Department may, upon complaint, investigate

any bee colony. Copies of the written contract, if one exists,

shall be furnished to the Board upon request.

Added by Laws 1955, p. 19, art. 3(F), § 16, emerg. eff. June 3,

1955. Amended by Laws 1988, c. 259, § 9, operative July 1, 1988;

Laws 2000, c. 367, § 24, emerg. eff. June 6, 2000; Laws 2005, c.

135, § 6, eff. Nov. 1, 2005.

§2-3-117. Inspection fee - Inspection procedures.

A. 1. Any beekeeper who requests inspection of an apiary,

colony, hive, apiary equipment, or premise pursuant to the Oklahoma

Apiary Act, is subject to an inspection fee as established by the

State Board of Agriculture.

2. During an inspection or upon request, the Oklahoma

Department of Agriculture, Food, and Forestry may take samples. The

manner of sampling, the cost of sampling, and the method of testing

shall be established by the Board.

B. Any inspections of an apiary performed at the request of a

beekeeper shall be limited to availability of time and personnel.

C. 1. Standard precautions for the prevention of the

transmission of bee diseases or pests to humans, animals, and bees

shall be followed by the Department when inspecting apiaries

pursuant to their official duties specified by the Oklahoma Apiary

Act.

2. Except for emergency situations or when enforcement of the

provisions of the Oklahoma Apiary Act is required, the Department

shall observe the health standards and sanitary requirements of the

apiary.

Added by Laws 1955, p. 19, art. 3(F), § 17, emerg. eff. June 3,

1955. Amended by Laws 1988, c. 259, § 10, operative July 1, 1988;

Laws 2000, c. 367, § 25, emerg. eff. June 6, 2000; Laws 2005, c.

135, § 7, eff. Nov. 1, 2005.

§2-3-117.1. Requirements for transport of bees into state.

A. Prior to entry into Oklahoma all migratory beekeepers and

persons shipping or transporting bees into Oklahoma shall provide

Oklahoma Statutes - Title 2. Agriculture

the following to the Oklahoma Department of Agriculture, Food, and

Forestry:

1. Information required on an entry form prescribed by the

Department;

2. An entry inspection fee as established by the Department;

and

3. A copy of the certificate of inspection issued from the

state of origin.

B. All persons shipping or transporting bees into Oklahoma for

sale shall also provide the purchaser with a copy of the certificate

of inspection issued from the state of origin.

C. Except for persons in subsection B of this section, all

other persons transporting bees into the state shall be required to

retain a copy of the certificate of inspection for the duration that

the bees remain in Oklahoma and shall be able to present the

certificate of inspection upon request by the Department.

D. The Department may inspect any bees or vehicles transporting

bees entering the state at any time.

Added by Laws 2005, c. 135, § 8, eff. Nov. 1, 2005.

§2-3-121. Violations.

It shall be unlawful and a violation of the Oklahoma Apiary Act

for any person:

1. To refuse to permit an inspection provided for by the

Oklahoma Apiary Act, or to hinder or interfere with, in any way, the

inspection or the person authorized to make the inspection;

2. To rent a colony of bees to another and misrepresent the

strength of a colony;

3. To fail to pay any fee, fine, or penalty as required and

established by the Oklahoma Apiary Act or promulgated rules;

4. To retain Africanized honeybees except for approved research

purposes pursuant to this act;

5. To knowingly expose comb, honey, frames, empty hives, cover,

bottom boards or tools, or other appliances to any material from a

diseased colony or apiary or infested with a bee pest;

6. To fail to comply with any State Board of Agriculture order;

or

7. To violate any provision of the Oklahoma Apiary Act and the

rules promulgated by the Board.

Added by Laws 1955, p. 19, art. 3(F), § 21, emerg. eff. June 3,

1955. Amended by Laws 1988, c. 259, § 11, operative July 1, 1988;

Laws 2000, c. 367, § 26, emerg. eff. June 6, 2000; Laws 2005, c.

135, § 9, eff. Nov. 1, 2005.

§2-3-122. Hearing - Emergency order.

A. Whenever the Oklahoma Department of Agriculture, Food, and

Forestry determines there are reasonable grounds to believe that

Oklahoma Statutes - Title 2. Agriculture

there has been a violation of any of the provisions of the Oklahoma

Apiary Act, any rule, or any order of the State Board of

Agriculture, the alleged violator shall be given the opportunity for

a fair hearing in accordance with the provisions of Article II of

the Administrative Procedures Act.

B. 1. Whenever the Board finds that an emergency exists

requiring immediate action to protect the public health or welfare

or to protect bees from any bee disease or pest, it may without

notice or hearing issue an order reciting the existence of an

emergency and requiring that immediate action be taken to meet the

emergency.

2. The order shall be effective upon issuance, but any person

to whom an order is directed shall comply immediately but may

request within fifteen (15) days after the order is served an

administrative enforcement hearing.

3. The hearing shall be held by the Department within ten (10)

days after receipt of the request.

4. On the basis of the hearing record, the Board shall affirm,

revoke, or modify the order.

5. Any person aggrieved by the final order may appeal to the

district court of the area affected within thirty (30) days.

6. The appeal when docketed shall have priority over all cases

pending on the docket, except criminal.

Added by Laws 1988, c. 259, § 12, operative July 1, 1988. Amended

by Laws 2000, c. 367, § 27, emerg. eff. June 6, 2000; Laws 2005, c.

135, § 10, eff. Nov. 1, 2005.

§2-3-123. Retention of Africanized honeybees prohibited Exception.

A. It shall be illegal to retain Africanized honeybees except

for specifically approved research purposes as determined by rules

promulgated by the State Board of Agriculture.

B. All abandoned apiaries observed or captured in counties

where Africanized honeybees have been detected shall be destroyed.

C. If a feral colony of Africanized honeybees is found in the

state, the Oklahoma Department of Agriculture, Food, and Forestry

shall take immediate actions to protect the public safety and

welfare. The Department may confiscate or destroy the feral

Africanized honeybee colony.

Added by Laws 2005, c. 135, § 11, eff. Nov. 1, 2005.

§2-3-124. Certified Beekeeper Program - European Honeybee

Certification Program.

A. The State Board of Agriculture may promulgate rules to

establish a Certified Beekeeper Program.

B. The Board may promulgate rules to establish and administer a

voluntary European Honeybee Certification Program.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 2005, c. 135, § 12, eff. Nov. 1, 2005.

§2-3-125. Local laws on honeybee hives not authorized – Apiary

zoning exception.

No county, municipal corporation, consolidated government, or

other political subdivision of this state shall adopt or continue in

effect any ordinance, rule, regulation, or resolution prohibiting,

impeding, or restricting the establishment or maintenance of

honeybees in hives. This provision shall not be construed to

restrict the zoning authority of a county or municipal government to

establish appropriate locations for apiaries.

Added by Laws 2005, c. 135, § 13, eff. Nov. 1, 2005.

§2-3-130. Tick eradication program - Funding.

The Oklahoma Department of Agriculture, Food, and Forestry shall

establish and maintain by November 1, 2006, a tick eradication

program. Funding for this program shall be appropriated to the

Department as directed by the Legislature.

Added by Laws 2006, c. 211, § 21, eff. Nov. 1, 2006.

§2-3-141.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-142.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-143.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-144.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-171.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-201.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-202.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-203.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-204.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

Oklahoma Statutes - Title 2. Agriculture

§2-3-205.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-206.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-207.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-208.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-209.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-210.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-211. Weed Free Hay Certification Act.

This act shall be known and may be cited as the “Weed Free Hay

Certification Act”.

Added by Laws 2009, c. 44, § 1, eff. Nov. 1, 2009.

§2-3-212. Definitions.

As used in the Weed Free Hay Certification Act, unless otherwise

stated:

1. “Hay” means any agricultural forage crop product whether

cultivated or not cultivated, irrigated or nonirrigated, planted or

naturally occurring;

2. “Noxious weeds” means those weeds, including any weed seed

or propagative plant parts, designated by the State Board of

Agriculture as noxious and are prohibited, and shall include those

noxious weeds identified in Section 3-220 of Title 2 of the Oklahoma

Statutes;

3. “Qualified inspector” means a person qualified to identify

noxious weeds pursuant to standards promulgated by the Board;

4. “Weed free” means any hay certified as free of noxious

weeds; and

5. “Weed-free certification” means hay inspected and certified

as free of noxious weeds pursuant to standards adopted by the Board.

Added by Laws 2009, c. 44, § 2, eff. Nov. 1, 2009.

§2-3-213. Promulgation of rules.

The State Board of Agriculture shall promulgate rules to carry

out the provisions of the Weed Free Hay Certification Act in

accordance with the Administrative Procedures Act and shall include,

but not be limited to, rules concerning:

Oklahoma Statutes - Title 2. Agriculture

1. Weeds designated as noxious are prohibited;

2. Procedures for certification of weed-free crops;

3. Qualification standards for persons seeking designation as

qualified inspectors;

4. Crop inspection procedures;

5. Treatment procedures for the eradication of viable noxious

weeds from crops;

6. Procedures for identifying and tracking certified weed-free

crops; and

7. Reasonable fees for obtaining certification.

Added by Laws 2009, c. 44, § 3, eff. Nov. 1, 2009.

§2-3-214. Inspector training cooperative agreements – Federal

funding.

A. The Commissioner of Agriculture may enter into cooperative

agreements with Oklahoma State University for the purpose of

training qualified inspectors in the identification of those plants

designated as noxious weeds by the State Board of Agriculture.

B. For purposes of carrying out the provisions of the Weed Free

Hay Certification Act, the Board may accept funds from any agency of

the federal government and may cooperate and enter into agreements

with any federal agency, any agency of another state, and any agency

of this state or its political subdivisions.

Added by Laws 2009, c. 44, § 4, eff. Nov. 1, 2009.

§2-3-215. Weed-free certification – Inspection.

A. Any crop for which weed-free certification is sought shall

be inspected in the field of origin and the inspection shall include

an inspection of any ditches, fence rows, roads, easements, rightsof-way, and buffer zones, as applicable, surrounding the field of

origin.

B. Crops containing any weeds designated as noxious may be

certified if certain conditions established in rules by the State

Board of Agriculture are met.

Added by Laws 2009, c. 44, § 5, eff. Nov. 1, 2009.

§2-3-220. Noxious weeds - Eradication.

A. 1. The plants musk thistle (Carduus nutans L.), Scotch

thistle (Onoprodum acanthium L.), and Canada thistle (Cirsium

arvense) are designated as noxious weeds. The Legislature finds

that these thistles are a public nuisance in all counties across

this state.

2. It shall be the duty of every landowner in each county to

treat, control, or eradicate all Canada, musk, or Scotch thistles

growing on the landowner’s land every year as shall be sufficient to

prevent these thistles from going to seed.

Oklahoma Statutes - Title 2. Agriculture

3. The Department of Transportation, the boards of county

commissioners, and any other public, private, or corporate entity

who shall maintain rights-of-way in the State of Oklahoma shall be

responsible for removing any thistle infestation that occurs within

their jurisdiction.

4. Failure of the landowner to treat, eradicate, or control all

musk, Canada, or Scotch thistle may result in a fine not to exceed

One Thousand Dollars ($1,000.00) for each violation per day.

5. Upon written complaint, the State Department of Agriculture

shall inspect the type of thistle infestation, assess the nature and

extent of the thistle infestation on the property of the landowner

and determine the most appropriate thistle treatment, control, or

eradication method available for the type of thistle and location of

the property.

B. The Board shall:

1. Promulgate rules setting categories or degrees of

infestation which would require specified treatment, control, or

eradication;

2. Include musk, Scotch, and Canada thistles as prohibited

noxious weed and weed seed pursuant to the Department’s authority

and responsibility under Article 8 of the Oklahoma Agricultural

Code;

3. By November 1, 2000, and annually thereafter prior to the

growing season of musk, Scotch, and Canada thistles, complete an

annual survey detailing the degree of infestation of these thistles

across the state. The results of these surveys shall be reported to

Oklahoma State University; and

4. In all counties of this state, provide information to

newspapers of general circulation stating that musk, Scotch, and

Canada thistles are a public nuisance and that it is the duty of

every public, private, or corporate landowner to treat, control, or

eradicate these thistles growing on any property owned by the

landowner. The information shall be provided at the beginning of

the cycle of growth of the musk, Scotch, and Canada thistles and at

other times as necessary to inform landowners of the provisions of

this subsection. The information material shall also include:

a.

information detailing the process by which an

interested landowner may receive assistance pursuant

to this subsection for the removal of thistles from

infested property,

b.

the telephone number of the Department, and

c.

a statement informing the landowner that failure to

remove musk, Scotch, and Canada thistles may subject

the landowner to legal action requiring the treatment,

control, or eradication of these thistles.

C. Upon request of the landowner or the Department, the

designated Oklahoma State University extension agent for a

Oklahoma Statutes - Title 2. Agriculture

particular county shall evaluate or, if there is no extension agent

for a particular county, the Department shall inspect the type of

thistle infestation, assess the nature and extent of the thistle

infestation on the property of the landowner, and determine the most

appropriate thistle treatment, control, or eradication method

available for the type of thistle and location of the property.

Added by Laws 1994, c. 204, § 1, eff. Sept. 1, 1994. Amended by

Laws 1995, c. 49, § 1, eff. Nov. 1, 1995; Laws 1998, c. 294, § 1,

eff. Nov. 1, 1998; Laws 1999, c. 239, § 1, emerg. eff. May 27, 1999;

Laws 2000, c. 11, § 1, eff. Oct. 1, 2000; Laws 2000, c. 367, § 28,

emerg. eff. June 6, 2000.

§2-3-251.

1990.

Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23,

§2-3-252.

1990.

Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23,

§2-3-253.

1990.

Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23,

§2-3-254.

1990.

Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23,

§2-3-255.

1990.

Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23,

§2-3-256.

1990.

Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23,

§2-3-257.

1990.

Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23,

§2-3-258.

1990.

Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23,

§2-3-259.

1990.

Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23,

§2-3-271.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-272.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-273.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

Oklahoma Statutes - Title 2. Agriculture

§2-3-274.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-275.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-276.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-277.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-278.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-3-301.

1990.

Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23,

§2-3-302.

1990.

Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23,

§2-3-303.

1990.

Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23,

§2-3-304.

1990.

Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23,

§2-3-305.

1990.

Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23,

§2-3-306.

1990.

Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23,

§2-3-307.

1990.

Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23,

§2-3-308.

1990.

Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23,

§2-3-309.

1990.

Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23,

§2-3-310. Castor bean production - Ricin.

A. It shall be unlawful for any person to plant, nurture or

otherwise commercially produce castor beans containing the toxin

ricin in this state.

Oklahoma Statutes - Title 2. Agriculture

B. Any person violating the provisions of this section shall,

upon conviction, be deemed guilty of a misdemeanor and may be

punished by a fine not exceeding Five Hundred Dollars ($500.00).

C. Provisions of this section shall be enforced by the Oklahoma

Department of Agriculture, Food, and Forestry.

Added by Laws 2012, c. 5, § 1, emerg. eff. April 2, 2012.

§2-3-311. Castor bean transportation - Ricin.

A. It shall be unlawful to transport castor beans in quantities

of more than fifty (50) pounds containing the toxin ricin within

this state.

B. Any person violating the provisions of this section shall,

upon conviction, be deemed guilty of a misdemeanor and may be

punished by a fine not exceeding Five Hundred Dollars ($500.00).

C. Provisions of this section shall be enforced by the Oklahoma

Department of Agriculture, Food, and Forestry.

Added by Laws 2012, c. 4, § 1, emerg. eff. April 2, 2012.

§2-3-401. Short title - Oklahoma Industrial Hemp Program.

This act shall be known and may be cited as the "Oklahoma

Industrial Hemp Program".

Added by Laws 2018, c. 64, § 1, emerg. eff. April 23, 2018. Amended

by Laws 2019, c. 91, § 2, emerg. eff. April 18, 2019.

§2-3-402. Definitions.

As used in the Oklahoma Industrial Hemp Program:

1. “Department” means the Oklahoma Department of Agriculture,

Food, and Forestry;

2. “Fiber” means the stalk of the industrial hemp plant and

does not include the flower or seeds of the plant;

3. “Flower” means the part of the industrial hemp plant that

contains the majority of the industrial hemp plant’s

tetrahydrocannabinol and other cannabinoids;

4. “Grain” means all of the parts of an industrial hemp plant

except the stalk or the flower of the industrial hemp plant;

5. “Handling” means possessing or storing industrial hemp for

any period of time on premises owned, operated or controlled by a

person licensed to cultivate or process industrial hemp and also

includes possessing or storing industrial hemp in a vehicle for any

period of time other than during its actual transport from the

premises of a licensed person to cultivate or process industrial

hemp to the premises of another licensed person;

6. “Industrial hemp” means the plant Cannabis sativa L. and any

part of the plant, including the seeds thereof, and all derivatives,

extracts, cannabinoids, isomers, acids, salts and salts of isomers,

whether growing or not, with a total delta-9 tetrahydrocannabinol

Oklahoma Statutes - Title 2. Agriculture

concentration of not more than three-tenths of one percent (0.3%) on

a dry-weight basis;

7. “Key participant” means a person who has a direct or

indirect financial interest in the entity producing hemp, such as an

owner or partner in a partnership. A key participant includes an

individual who is part of a corporate entity or a tribal-owned

corporation. A key participant also includes an executive-level

individual such as a chief executive officer, chief operating

officer, or chief financial officer. Such term shall not include

such management personnel as a farm, field, or shift manager or a

member of the leadership of a tribal government who is acting in his

or her capacity as a tribal leader except when such member exercises

executive managerial control over hemp production;

8. “Licensee” means a person who holds a valid Industrial Hemp

License to grow industrial hemp under the Oklahoma Industrial Hemp

Program. A licensee shall have the ability to remediate

noncompliant industrial hemp with a total delta-9

tetrahydrocannabinol concentration of not more than one percent

(1.0%) on a dry-weight basis for retesting as set forth by the

Department as long as the noncompliant industrial hemp has a total

delta-9 tetrahydrocannabinol concentration of not more than threetenths of one percent (0.3%) on a dry-weight basis after retesting,

and the option to remediate the industrial hemp through the

reasonable destruction of the flower or shredding of the entire lot

into a homogeneous biomass results in the remediation of any part of

the industrial hemp plant that is above three-tenths of one percent

(0.3%) on a dry-weight basis. All noncompliant hemp must be tracked

and documented. The State Board of Agriculture shall have

jurisdiction over such remediation, which includes, but is not

limited to, destruction through composting, burning, or other

regulated disposal methods if the industrial hemp is not remediated

into a final product before processing below three-tenths of one

percent (0.3%) on a dry-weight basis;

9. “License” means authorization by the Department for any

person to grow and cultivate industrial hemp on a registered land

area as part of the Oklahoma Industrial Hemp Program; and

10. “Processing” means converting industrial hemp into a

marketable form, including the production of all derivatives,

extracts, cannabinoids, isomers, acids, salts, and salts of isomers.

Added by Laws 2018, c. 64, § 2, emerg. eff. April 23, 2018. Amended

by Laws 2019, c. 91, § 3, emerg. eff. April 18, 2019; Laws 2022, c.

265, § 1, emerg. eff. May 16, 2022; Laws 2024, c. 266, § 1, eff.

Nov. 1, 2024.

§2-3-403. Licensee authorization – Exemption from criminal

liability.

Oklahoma Statutes - Title 2. Agriculture

A. 1. A licensee is authorized to engage in the growth,

cultivation, handling or processing of industrial hemp and may

remediate noncompliant industrial hemp with a total delta-9

tetrahydrocannabinol concentration of not more than one percent

(1.0%) on a dry-weight basis and prepare for retesting as set forth

by the Department as long as the noncompliant industrial hemp has a

total delta-9 tetrahydrocannabinol concentration of not more than

three-tenths of one percent (0.3%) on a dry-weight basis after

retesting, or all or part of the product is disposed of in the

process of remediation so that only a compliant product (with a

total delta-9 tetrahydrocannabinol concentration of not more than

three-tenths of one percent (0.3%) on a dry-weight basis) is left,

or all disposable waste is destroyed following a remediation

process. Upon a sample collection verifying a compliant delta-9

tetrahydrocannabinol concentration, the licensee shall harvest

within thirty (30) days of sample collection.

2. Remediation shall occur on the facility of the licensee.

Noncompliant industrial hemp shall not leave such facility until a

compliant test is conducted by the Department or a lab approved by

the Department. Retesting of any noncompliant industrial hemp shall

be done within sixty (60) days post-harvest. Within seven (7) days

of receiving notice of a measured tetrahydrocannabinol concentration

that exceeds the acceptable hemp tetrahydrocannabinol level but is

less than one percent (1.0%), the licensed grower shall consent to

the destruction of all cannabis from that lot, or he or she may

request remediation and a post-harvest retest in a homogenized form

in accordance with the procedures established by the State Board of

Agriculture. A measured tetrahydrocannabinol concentration that

exceeds one percent (1.0%) shall require the licensed grower to

properly dispose of all cannabis from that lot. The retest fee

shall be paid in an amount established by the State Board of

Agriculture. Samples with a measured tetrahydrocannabinol

concentration of one percent (1.0%) or greater shall not be eligible

for a post-harvest retest or remediation and shall be destroyed.

3. Licensees may sell industrial hemp grain and other

industrial hemp derivatives that are either grown or processed in

this state, that do not include the flower, for the purpose of

livestock feed and other animal consumption in this state if the

licensee meets the requirements for compliant hemp with a total

delta-9 tetrahydrocannabinol concentration not more than threetenths of one percent (0.3%).

B. The activities performed under the Oklahoma Industrial Hemp

Program shall not subject the persons participating in the program

to criminal liability under the Uniform Controlled Dangerous

Substances Act. The exemption from criminal liability provided for

in this subsection is a limited exemption that shall be strictly

Oklahoma Statutes - Title 2. Agriculture

construed and shall not apply to an activity that is not expressly

permitted under the Oklahoma Industrial Hemp Program.

Added by Laws 2018, c. 64, § 3, emerg. eff. April 23, 2018. Amended

by Laws 2019, c. 91, § 4, emerg. eff. April 18, 2019; Laws 2019, c.

478, § 1, emerg. eff. May 28, 2019; Laws 2020, c. 99, § 1, eff. Nov.

1, 2020; Laws 2022, c. 265, § 2, emerg. eff. May 16, 2022; Laws

2024, c. 266, § 2, eff. Nov. 1, 2024.

§2-3-404. License application – Rules and requirements.

A. A person intending to engage in industrial hemp growth,

cultivation, handling, or processing authorized under the Oklahoma

Industrial Hemp Program shall apply to the Oklahoma Department of

Agriculture, Food, and Forestry for a license prior to planting,

handling, or processing the industrial hemp.

1. The application shall include:

a.

the name and address of the applicant,

b.

the legal description, global positioning system

location, and map of the land area on which the

applicant will engage in industrial hemp growth and

cultivation operations, handling operations or

processing operations,

c.

a statement of intended end use, and

d.

a criminal history record check for all key

participants submitted with the initial or renewal

application.

2. By submitting an application, the applicant acknowledges and

agrees that:

a.

information provided to the Department may be provided

to law enforcement agencies,

b.

the applicant shall allow and fully cooperate with any

inspection and sampling that the Department deems

necessary,

c.

the applicant will submit all required reports by the

applicable due dates specified by the Department, and

d.

the applicant has the legal right to cultivate, handle

or process industrial hemp on the registered land area

and shall grant the Department access for inspection

and sampling.

B. The Department shall collect a nonrefundable fee from the

applicant at the time of application. The Department shall set a

fee schedule based on the size and use of the land area on which the

licensee will conduct industrial hemp growing or cultivation

operations and shall set the fee at a level sufficient to generate

the amount of monies necessary to cover the Department’s direct

costs in implementing the Oklahoma Industrial Hemp Program. Denied

applications for a license may be resubmitted within a twelve-month

Oklahoma Statutes - Title 2. Agriculture

period. The Department may waive the fee for resubmitted

applications.

C. A license issued pursuant to this section is valid for one

(1) year. In order to continue engaging in industrial hemp growth

and cultivation operations in Oklahoma, the licensee shall annually

apply for a license in accordance with subsection A of this section.

The Department may set a separate fee schedule for renewal of

existing licenses in good standing.

D. All industrial hemp plant material shall be planted, grown

and harvested under a valid license. Any plant material that is not

harvested in the license period in which it was planted or volunteer

plants that are not destroyed must be declared for inclusion in a

subsequent license.

E. If the licensee wishes to alter the land area on which the

licensee will conduct industrial hemp growth, cultivation, handling

or processing operations within thirty (30) days of any new license,

before altering the area, the licensee shall submit to the

Department and the United States Department of Agriculture Farm

Service Agency an updated legal description, global positioning

system location, and map specifying the proposed alterations.

F. Each licensee shall report any changes to information

provided in the license application within ten (10) days of such

change to the Department and the United States Department of

Agriculture Farm Service Agency.

G. A licensee shall maintain all records pertaining to the

license and growing records for a minimum of three (3) years.

H. The Department shall promulgate rules necessary to implement

the licensing program and to implement the Oklahoma Industrial Hemp

Program.

I. The Department shall promulgate rules to facilitate

transportation of industrial hemp.

Added by Laws 2018, c. 64, § 4, emerg. eff. April 23, 2018. Amended

by Laws 2019, c. 91, § 5, emerg. eff. April 18, 2019; Laws 2021, c.

358, § 1, eff. July 1, 2021; Laws 2024, c. 266, § 3, eff. Nov. 1,

2024.

§2-3-405.

2019.

Repealed by Laws 2019, c. 91, § 13, emerg. eff. April 18,

§2-3-406. Harvest report.

A. At least thirty (30) days prior to harvest, each licensee

shall file a harvest report on a form approved by the Department

that includes:

1. A statement of intended disposition of its industrial hemp

crop; and

2. The harvest date or dates, location and yield of each

variety cultivated within a registered land area.

Oklahoma Statutes - Title 2. Agriculture

B. A licensee shall notify the Department immediately of any

changes in a reported harvest date by more than five (5) days.

Added by Laws 2018, c. 64, § 6, emerg. eff. April 23, 2018. Amended

by Laws 2019, c. 91, § 6, emerg. eff. April 18, 2019.

§2-3-406.1. Hemp remediation — Compliant test.

An industrial hemp licensee shall only remediate any industrial

hemp legally grown pursuant to the Oklahoma Department of

Agriculture, Food, and Forestry and the United States Department of

Agriculture programs at the licensee’s facility. Noncompliant hemp

shall not leave the facility until a compliant test is conducted by

the Department or a lab approved by the Department.

Added by Laws 2021, c. 358, § 2, eff. July 1, 2021. Amended by Laws

2024, c. 266, § 4, eff. Nov. 1, 2024.

§2-3-407. Inspection and sampling.

A. Any plants of the licensee are subject to at least annual

routine inspections and sampling to verify that the plant meets the

definition of industrial hemp. The Department shall notify each

licensee of the scope of the inspection and the process by which the

inspection will be conducted. The Department shall promulgate rules

regarding the procedures of inspection and sampling.

B. The Department may inspect and take samples from any

licensee’s plants during normal business hours.

C. Licenses for handling or processing shall be subject to at

least annual inspections in addition to compliance inspections.

D. The Department shall have the licensee present at the time

of inspection and sampling. The licensee or authorized

representative shall provide the Department’s inspector with

complete and unrestricted access to all plants, parts and seeds,

whether growing or harvested, and all land, buildings and other

structures used for the growth, cultivation, harvesting, storage,

handling or processing of industrial hemp, and all documents and

records pertaining to the licensee’s industrial hemp-growing,

cultivation operation, handling and processing.

E. The licensee shall pay for any inspection and laboratory

analysis costs that the Department deems necessary within thirty

(30) days of the date of the receipt of an invoice for the costs.

The Department shall waive all inspection or sampling costs if no

inconsistencies or violations are identified during an inspection

that is not part of the regular annual inspection process.

F. The Department shall promulgate rules to establish a process

by which a licensee may contest the procedures, protocols and

results or findings of the inspection.

Added by Laws 2018, c. 64, § 7, emerg. eff. April 23, 2018. Amended

by Laws 2019, c. 91, § 7, emerg. eff. April 18, 2019; Laws 2021, c.

358, § 3, eff. July 1, 2021.

Oklahoma Statutes - Title 2. Agriculture

§2-3-408. Causes to deny, revoke or suspend a license.

A. The Department may deny, revoke or suspend a license if the

licensee:

1. Violates any provision of the Oklahoma Industrial Hemp

Program or rules adopted pursuant to the program;

2. Engages in fraud or deception in the procurement of or

attempt to procure a license under the Oklahoma Industrial Hemp

Program or provides false information on a license application;

3. Refuses or fails to cooperate and assist the Department with

the inspection process;

4. Refuses or fails to provide any information required or

requested by the Department for purposes of the Oklahoma Industrial

Hemp Program;

5. Knowingly provides false, misleading or incorrect

information pertaining to the licensee’s cultivation, handling or

processing of industrial hemp to the Department by any means,

including information provided in any application form, report,

record or inspection required or maintained for purposes of the

Oklahoma Industrial Hemp Program;

6. Fails to submit any report required by the Oklahoma

Industrial Hemp Program; or

7. Fails to pay fees required by the Oklahoma Industrial Hemp

Program.

B. 1. If a sample of a licensee’s industrial hemp tests higher

than three-tenths of one percent (0.3%) but less than one percent

(1.0%) on a dry-weight basis for total delta-9 tetrahydrocannabinol

concentration, the licensee shall not be subject to any penalty

under the Oklahoma Industrial Hemp Program if the crop is destroyed

or remediated.

2. A licensee that negligently violates the provisions of the

Oklahoma Industrial Hemp Program three times in any five-year period

shall be ineligible to obtain a license pursuant to the Oklahoma

Industrial Hemp Program for a period of five (5) years beginning on

the date of the third violation.

C. Any person convicted of a felony relating to a controlled

substance under state or federal law shall be ineligible during the

ten-year period following the date of conviction to participate in

this program.

Added by Laws 2018, c. 64, § 8, emerg. eff. April 23, 2018. Amended

by Laws 2019, c. 91, § 8, emerg. eff. April 18, 2019; Laws 2019, c.

478, § 2, emerg. eff. May 28, 2019; Laws 2022, c. 265, § 3, emerg.

eff. May 16, 2022; Laws 2024, c. 266, § 5, eff. Nov. 1, 2024.

§2-3-409.

2019.

Repealed by Laws 2019, c. 91, § 13, emerg. eff. April 18,

Oklahoma Statutes - Title 2. Agriculture

§2-3-410. Oklahoma Industrial Hemp Program Fund.

There is hereby created in the State Treasury a revolving fund

for the State Board of Agriculture to be designated the "Oklahoma

Industrial Hemp Program Fund". The fund shall be a continuing fund,

not subject to fiscal year limitations and shall consist of all

monies received by the State Board of Agriculture from fees received

and collected pursuant to the Oklahoma Industrial Hemp Program,

donations, grants, contributions and gifts from any public or

private source. The Board may expend funds for the purposes set

forth in the Oklahoma Industrial Hemp Program. Expenditures from

said fund shall be made upon warrants issued by the State Treasurer

against claims filed as prescribed by law with the Director of the

Office of Management and Enterprise Services for approval and

payment.

Added by Laws 2018, c. 64, § 10, emerg. eff. April 23, 2018.

Amended by Laws 2019, c. 91, § 9, emerg. eff. April 18, 2019.

§2-3-411. Cannabidiol sourcing.

Cannabidiol shall not be processed in the State of Oklahoma from

any sources which would be in violation of the United States Code or

the Code of Federal Regulations.

Added by Laws 2019, c. 91, § 11, emerg. eff. April 18, 2019.

§2-3-601. Short title - Oklahoma Industrial Hemp Remediation

Program - Definitions.

A. This act shall be known and may be cited as the "Oklahoma

Industrial Hemp Remediation Program".

B. As used in the Oklahoma Industrial Hemp Remediation Program,

the following words and terms, and any derivative of such words or

terms, shall have the following meanings, unless the context clearly

indicates otherwise:

1. "Cannabis" means a genus of flowering plants in the family

Cannabaceae of which Cannabis sativa is a species and Cannabis

indica and Cannabis ruderalis are subspecies thereof. Cannabis

refers to any form of the plant in which the delta-9

tetrahydrocannabinol concentration on a dry-weight basis has not yet

been determined;

2. "Certified laboratory" means the laboratory operated by the

Oklahoma Department of Agriculture, Food, and Forestry or a

laboratory located in Oklahoma that is certified by the Department;

3. "Commercial sale" means the sale of a product in the stream

of commerce at retail, at wholesale or on the Internet;

4. "CSA" means the federal Controlled Substances Act;

5. "DEA" means the United States Drug Enforcement

Administration;

6. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

Oklahoma Statutes - Title 2. Agriculture

7. "Hemp" means the plant Cannabis sativa L. and any part of

such plant including, but not limited to, the seeds and all

derivatives, extracts, cannabinoids, isomers, acids, salts and salts

of isomers, whether growing or not, and grown from a certified seed

with a delta-9 tetrahydrocannabinol concentration of not more than

three-tenths of one percent (0.3%) on a dry-weight basis. Hemp and

hemp-derived cannabinoids, including cannabidiol, shall be

considered an agricultural commodity and not a controlled substance

due to the presence of hemp or hemp-derived cannabinoids;

8. "Hemp Program" means the Oklahoma Industrial Hemp

Remediation Program and any final ruling from the USDA;

9. "Law enforcement" means any federal, state or local agencies

responsible for maintaining public order and enforcing the law;

10. "License" means the written authorization by the Department

for any person to grow, process, handle or transport certified seeds

or hemp in this state;

11. "Person" means any natural person or any corporation,

general partnership, limited partnership, limited liability

partnership, limited liability company, trust, estate, charitable

organization, joint stock company, joint venture, association or any

other business or similar organization recognized by the state;

12. "Processor" means any person who is licensed by the

Department to process hemp in this state;

13. "State" means the State of Oklahoma;

14. "THC" means delta-9 tetrahydrocannabinol, which is a

psychoactive component in cannabis plants;

15. "Tracking software" means software that is approved by the

Department and is capable of transparently tracking hemp in any

state or form whatsoever including, but not limited to, a certified

seed, any stage of growth, processing or handling, and any hemp

product; and

16. "USDA" means the United States Department of Agriculture.

C. In the event that any hemp produced under the Hemp Program

is determined by testing results to be noncompliant with the Hemp

Program, the person holding the license for the noncompliant hemp

may request approval from the Department to remediate the

noncompliant hemp.

D. If the Department approves the remediation of the

noncompliant hemp, the person holding the license shall promptly

have the noncompliant hemp extracted by a licensed processor into

concentrated form and the hemp concentrate shall be sampled by a

certified laboratory for compliance with USDA levels for THC in

concentrated form.

E. If the samples of the hemp concentrate are below USDA levels

for THC, the hemp concentrate shall be compliant as a hemp product

with the Hemp Program and may be used in commercial sales.

Oklahoma Statutes - Title 2. Agriculture

F. If the samples of the hemp concentrate are above the USDA

levels for THC, the hemp concentrate shall be noncompliant with the

Hemp Program and shall be destroyed in accordance with the CSA and

DEA regulations found at 21 C.F.R., Section 1317.15, as enforced by

federal, state and local law enforcement. The person holding the

license for the noncompliant hemp concentrate shall promptly notify

the Department and USDA of its intent to destroy the noncompliant

hemp concentrate and verify destruction by submitting required

documentation using the tracking software.

Added by Laws 2021, c. 159, § 1, eff. Nov. 1, 2021.

§2-4-1.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-4-2. Definitions.

For the purposes of this article:

1. "Animal" or "livestock" means any cattle, horse, or mule;

2. "Brand" means a permanent identification mark of which the

letters, numbers, and figures used are each three (3) inches or more

in length or diameter and are impressed into the hide of a live

animal either with a hot iron or by the process commonly referred to

as "cold" or "freeze" branding, and includes the location on the

animal. The term means both the mark and location;

3. "Organization" means a statewide livestock organization; and

4. "Statewide livestock organization" means an organization

headquartered in the State of Oklahoma that represents the majority

of livestock producers in Oklahoma.

Added by Laws 1955, p. 31, art. 4, § 2, emerg. eff. June 3, 1955.

Amended by Laws 1965, c. 199, § 1; Laws 1968, c. 10, § 1, emerg.

eff. Feb. 6, 1968; Laws 2000, c. 243, § 27, emerg. eff. May 24,

2000; Laws 2017, c. 167, § 1, eff. Nov. 1, 2017.

§2-4-3. Approval of brands - Certificates - Conflicts - Brand book.

The State Board of Agriculture may designate a statewide

livestock organization to approve brands for registration, issue

certificates, and serve as an adjudicating committee in resolving

conflicts. The organization shall publish a State Brand Book which

shall contain a facsimile of each registered brand with the owner's

name and address. In the event the Board determines that the

statewide livestock organization fails to perform the duties

designated in the brand law or is no longer representative of the

majority of livestock producers in Oklahoma, the Board shall

designate a new statewide livestock organization or shall perform

the duties associated with the brand law, including maintenance of

the State Brand Book, receipt of fees for application processing and

other duties.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 31, art. 4, § 3, emerg. eff. June 3, 1955.

Amended by Laws 2000, c. 243, § 28, emerg. eff. May 24, 2000; Laws

2017, c. 167, § 2, eff. Nov. 1, 2017.

§2-4-4. Custodian of county brand books - Certified copies - Fees.

The statewide livestock organization shall be the legal

custodian of county brand record books which were maintained under

prior laws. Upon request, the organization shall provide a

certified copy of the record of any brand appearing in the county

brand record books. The organization may charge a reasonable fee

for each brand.

Added by Laws 1955, p. 31, art. 4, § 4, emerg. eff. June 3, 1955.

Amended by Laws 2000, c. 243, § 29, emerg. eff. May 24, 2000; Laws

2017, c. 167, § 3, eff. Nov. 1, 2017.

§2-4-5. Application for registration - Fees - Contents.

A. Any application for the registration of a brand shall be:

1. On a form prepared by the statewide livestock organization;

and

2. Accompanied by a reasonable fee set by the organization for

each brand.

B. The application for the registration of a brand shall show

the brand location to the following body regions of animals: right

or left shoulder, neck, rib, or hind quarter. Previously registered

brands are not affected.

C. The applicant shall list at least three distinct brands and

three locations in the preferred order.

Added by Laws 1955, p. 31, art. 4, § 5, emerg. eff. June 3, 1955.

Amended by Laws 1965, c. 476, § 1; Laws 1977, c. 28, § 1; Laws 1984,

c. 15, § 16, eff. Jan. 1, 1985; Laws 1994, c. 117, § 1; Laws 2000,

c. 243, § 30, emerg. eff. May 24, 2000; Laws 2017, c. 167, § 4, eff.

Nov. 1, 2017.

§2-4-6. Use of unregistered brands - Duplication.

A. It shall be unlawful for any person to knowingly place upon

any livestock a brand which has not been registered with the

statewide livestock organization if the brand duplicates one that is

registered.

B. For purposes of this section, "duplication" means the use of

a similar brand in any location on the animal designated for a

registered brand.

Added by Laws 1955, p. 31, art. 4, § 6, emerg. eff. June 3, 1955.

Amended by Laws 2000, c. 243, § 31, emerg. eff. May 24, 2000; Laws

2017, c. 167, § 5, eff. Nov. 1, 2017.

§2-4-7. Publication of revised book - Reregistration - Fees Copies to officials.

Oklahoma Statutes - Title 2. Agriculture

A. The statewide livestock organization shall publish a revised

State Brand Book at least every five (5) years. Supplements may be

published as necessary.

B. Prior to publication of a revised State Brand Book all

registered brand owners and assignees shall be notified in writing

that the brand registrations are being terminated.

C. The organization shall set a reasonable renewal fee for the

registration of each brand for the ensuing five-year period or

fraction thereof.

D. The State Brand Book and supplements shall be available to

the public at a price commensurate with the cost of preparation,

printing, and delivery thereof. Upon written request the

organization shall provide without charge all brand books and

supplements to the county clerk and sheriff of each county, any

inspection agency, any livestock association, or any entity approved

by the organization.

Added by Laws 1955, p. 31, art. 4, § 7, emerg. eff. June 3, 1955.

Amended by Laws 1965, c. 475, § 1; Laws 1977, c. 28, § 2; Laws 1989,

c. 40, § 1, operative July 1, 1989; Laws 1994, c. 117, § 2; Laws

2000, c. 243, § 32, emerg. eff. May 24, 2000; Laws 2017, c. 167, §

6, eff. Nov. 1, 2017.

§2-4-8. Brands in current edition as prima facie evidence of

ownership.

Brands in the current edition of the State Brand Book and

supplements shall be prima facie evidence of ownership. An owner

whose brand does not appear in the State Brand Book or a supplement

shall produce evidence to establish title to the property in the

event of controversy.

Added by Laws 1955, p. 32, art. 4, § 8. Amended by Laws 2000, c.

243, § 33, emerg. eff. May 24, 2000.

§2-4-9. Questionable ownership of animals at markets - Withholding

of funds pending determination.

A. Any peace officer of the state or any livestock association

in the State of Oklahoma qualifying under federal law to perform

brand inspection services at specified markets shall have the

authority to order funds of an animal of questionable ownership held

until ownership is established.

B. If ownership is not established within thirty (30) days, the

funds shall be provided to the State Board of Agriculture and held

for one (1) year. If the ownership to the animal cannot be

ascertained, the funds shall be deposited in the State Department of

Agriculture Revolving Fund.

Added by Laws 1955, p. 32, art. 4, § 9. Amended by Laws 2000, c.

243, § 34, emerg. eff. May 24, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-4-10. Brands reserved to state.

The state reserves the brands of "B", "T", "PI+" and "A" on the

tailhead of cattle. It shall be unlawful for any person other than

authorized agents of the State Board of Agriculture to use any of

such brands. The Board may reserve additional brands and promulgate

rules identifying the reserved brand.

Added by Laws 1955, p. 32, art. 4, § 10, emerg. eff. June 3, 1955.

Amended by Laws 1965, c. 450, § 1; Laws 1996, c. 138, § 2, emerg.

eff. May 1, 1996; Laws 2000, c. 243, § 35, emerg. eff. May 24, 2000;

Laws 2017, c. 167, § 7, eff. Nov. 1, 2017.

§2-4-11. Brands in current edition subject to sale, transfer, etc.

- Recording - Fees.

Only brands appearing in the current edition of the State Brand

Book or supplement thereto shall be subject to sale, assignment,

transfer, devise, or bequest. The transfer of title shall be

recorded with the statewide livestock organization. A reasonable

fee for recording the transfer of title shall be set by the

organization.

Added by Laws 1955, p. 32, art. 4, § 11, emerg. eff. June 3, 1955.

Amended by Laws 1994, c. 117, § 3; Laws 2000, c. 243, § 36, emerg.

eff. May 24, 2000; Laws 2017, c. 167, § 8, eff. Nov. 1, 2017.

§2-4-12. Sale of branded livestock - Written transfer of ownership.

All persons selling livestock with a registered brand shall upon

request provide a written transfer of ownership to the purchaser.

Added by Laws 1955, p. 32, art. 4, § 12. Amended by Laws 2000, c.

243, § 37, emerg. eff. May 24, 2000.

§2-4-13. "Dog Iron" brand.

The brand known as the "Dog Iron" brand, as shown and listed on

page 107 at line 23 of the 1950 Oklahoma Brand Book, and which brand

was used during his lifetime by the late Will Rogers of Oologah and

Claremore, Oklahoma, shall be reserved to the State of Oklahoma for

historical purposes. It shall be unlawful for any person to use the

brand for the branding or marketing of animals, provided that the

statewide livestock organization may register the brand in the name

of any blood relative or descendant of Will Rogers, so the brand may

be perpetuated and preserved for historical purposes and in honor of

the memory of Will Rogers.

Added by Laws 1955, p. 32, art. 4, § 13, emerg. eff. June 3, 1955.

Amended by Laws 2000, c. 243, § 38, emerg. eff. May 24, 2000; Laws

2017, c. 167, § 9, eff. Nov. 1, 2017.

§2-4-14.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

Oklahoma Statutes - Title 2. Agriculture

§2-4-20. Animal Identification Program.

A. The Oklahoma Department of Agriculture, Food, and Forestry

shall be the official animal identification agency of the state and

shall be the official agency of the state in any dealings between

this state and the United States Department of Agriculture, any

other federal agency, or any agency or person of this or another

state on matters pertaining to animal identification.

B. It is the intent of the Oklahoma State Legislature to direct

and authorize the Oklahoma Department of Agriculture, Food, and

Forestry to develop, implement, and administer an Oklahoma Animal

Identification Program that achieves the following goals:

1. Enhance disease preparedness by rapidly identifying animals

exposed to disease, thus allowing quick detection, containment, and

elimination of disease threats;

2. Promote continued confidence in animal products and to

protect the health status of Oklahoma’s herds and flocks;

3. Identify infected and exposed premises, animals, and groups

of animals;

4. Develop a comprehensive infrastructure that utilizes stateof-the-art national and international standards with the best

available and practical technologies for the collection and

recording of livestock and food animal movements; and

5. Be dynamic and flexible, and incorporate new and proven

technologies as they become available.

C. The Department shall be authorized to promulgate rules for

the implementation and administration of the Oklahoma Animal

Identification Program, if one of the following occurs:

1. The United States Department of Agriculture issues proposed

or final rules or requirements for the implementation of a national

animal identification or premises registration program;

2. The United States Congress enacts requirements for a

national animal identification or premises registration system; or

3. Another state establishes requirements for animal

identification or premises registration affecting the importation of

livestock from Oklahoma.

D. Any rules promulgated by the Department pursuant to this

section that may be reasonably necessary to implement the Oklahoma

Animal Identification Program may include the following:

1. Premises identification;

2. Individual animal identification;

3. Group and lot animal identification;

4. Specifications and standards for the identification

technologies used to track and trace animal movements;

5. Record keeping; and

6. Protecting and improving the health of Oklahoma livestock

and food animals.

Oklahoma Statutes - Title 2. Agriculture

E. The Department may charge fees; however, the fees shall be

limited to the actual costs of the Department for the implementation

and administration of the Oklahoma Animal Identification Program.

F. Pursuant to this section and rules promulgated pursuant

thereto, any data or records provided to the Department by persons

regarding premises or animal identification, including the name and

address of the provider, shall be kept confidential except in the

following circumstances:

1. Federal law requires the information for a National Animal

Identification program;

2. The Department deems release of confidential information to

other state and federal agencies is necessary for disease control

and disease traceback;

3. The information is needed to assist law enforcement

officials in livestock recovery and theft investigations; and

4. The Department may release information as needed to assist

in criminal investigations or tracebacks concerning violations of

state or federal pharmacy acts and drug residues.

G. In the event that information regarding premises or animal

identification is provided to other individuals or entities, the

information shall be specific and not cumulative.

H. A court shall quash any subpoena commanding the disclosure

of confidential information or records of the Department.

Added by Laws 2004, c. 544, § 1, eff. July 1, 2004.

§2-5-1.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-5-1.1. Agribusiness assistance and services to farmers, ranchers

and other agricultural-related parties.

The State Department of Agriculture is authorized, on behalf of

farmers, ranchers, and other agricultural-related parties to assist,

promote, or provide services in agribusiness-related areas, rural

community development, and other public service entities as funds

are made available and approved by the State Board of Agriculture.

Added by Laws 1987, c. 208, § 7, operative July 1, 1987. Amended by

Laws 1987, c. 236, § 49, emerg. eff. July 20, 1987; Laws 1988, c.

309, § 8, operative July 1, 1988; Laws 2001, c. 146, § 78, emerg.

eff. April 30, 2001. Renumbered from § 1603 of this title by Laws

2001, c. 146, § 254, emerg. eff. April 30, 2001.

§2-5-2. Program of marketing services.

For the purpose of aiding and improving the marketing of

agricultural products of the State of Oklahoma, the State Board of

Agriculture shall implement a program of marketing services. The

program shall include improvement of marketing methods, development

of greater and more efficient utilization of agricultural products,

Oklahoma Statutes - Title 2. Agriculture

and dissemination of marketing information. The Board shall perform

any other services that will facilitate the improvement,

transportation, marketing, distributing, processing, or utilization

of agricultural products of the State of Oklahoma through commercial

channels.

Added by Laws 1955, p. 33, art. 5(A), § 2. Amended by Laws 2000, c.

243, § 39, emerg. eff. May 24, 2000.

§2-5-2.1. Market reports.

The State Board of Agriculture may obtain and compile price

reports and other information on a daily or other basis for the

natural products of the farm, orchard, vineyard, garden, and apiary,

raw and manufactured, and livestock, poultry, and dairy products.

The Board may disseminate the reports and information to press

associations, radio and television stations, and all media of

communication so farmers and producers may be provided information

about the exact market conditions existing in this state and in the

several markets of the country. The Board shall cooperate with

agricultural agencies, federal and state, to devise the methods

which will best carry forward the dissemination of the reports and

information.

Added by Laws 1955, p. 92, art. 9(E), § 1. Amended by Laws 2000, c.

243, § 110, emerg. eff. May 24, 2000. Renumbered from § 9-151 of

this title by Laws 2001, c. 146, § 265, emerg. eff. April 30, 2001.

§2-5-3.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-5-3.1. Short title – Oklahoma Agriculture Enhancement and

Diversification Program.

A. The provisions of this act shall be known and may be cited

as the “Oklahoma Agriculture Enhancement and Diversification Act”.

B. Pursuant to the Oklahoma Agriculture Enhancement and

Diversification Act, there is hereby created the “Oklahoma

Agriculture Enhancement and Diversification Program”.

Added by Laws 1999, c. 157, § 1, eff. Nov. 1, 1999.

§2-5-3.2. Purpose and categories of Oklahoma Agriculture

Enhancement and Diversification Program.

A. The State Board of Agriculture is hereby authorized to

establish and administer the Oklahoma Agriculture Enhancement and

Diversification Program.

B. The purpose of the Oklahoma Agriculture Enhancement and

Diversification Program is to promote and encourage the interests of

agriculture through the allocation of funds, by grant or loan, to

individuals, cooperatives and other agricultural entities to:

1. Develop new or expanded uses of agricultural products;

Oklahoma Statutes - Title 2. Agriculture

2. Develop new or expanded benefits of agricultural events;

3. Increase agricultural productivity;

4. Provide added value to agricultural products or events;

5. Benefit the agricultural producer; and

6. Benefit the agricultural interests of this state.

C. The Program shall consist of the following categories:

1. Value-added agriculture grants and loans for entities or

individuals to develop or establish production, processing or

marketing of agricultural products. The purpose of this category is

to provide funding for promoting productivity, providing added value

to agricultural products, stimulating and fostering agricultural

diversification and encouraging processing innovations;

2. Farm diversification grants or loans for projects dealing

with the diversification of family farms or ranches to

nontraditional crops, livestock, agritourism, or on-farm, valueadded processing of agricultural commodities;

3. Product development and research grants and loans for

agricultural business creation or expansion, or research which will

likely lead to a marketable agricultural product through the

focusing of research efforts on uses and processing of Oklahoma

agricultural products and by-products, including but not limited to:

a.

focused research which enhances the value of an

agricultural product or by-product,

b.

feasibility studies, and

c.

product development and test-marketing costs;

4. Agricultural event or events that benefit and further the

public interest in agriculture; and

5. Veteran or young farmer grants or loans for veterans and

young farmers that are engaged or will be engaged in expansion or

creation of an agricultural business.

D. The State Board of Agriculture shall promulgate rules

governing the Oklahoma Agriculture Enhancement and Diversification

Program.

Added by Laws 1999, c. 157, § 2, eff. Nov. 1, 1999. Amended by Laws

2013, c. 118, § 2, eff. Nov. 1, 2013; Laws 2015, c. 123, § 1, emerg.

eff. April 21, 2015; Laws 2021, c. 229, § 1, eff. Nov. 1, 2021.

§2-5-3.3. Oklahoma Agriculture Enhancement and Diversification Fund

– Monies received and deposited – Appropriation and expenditure.

A. There is hereby created within the State Treasury a fund for

the State Board of Agriculture to be designated the "Oklahoma

Agriculture Enhancement and Diversification Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies received by the State Board of

Agriculture to implement and maintain the Oklahoma Agriculture

Enhancement and Diversification Program.

Oklahoma Statutes - Title 2. Agriculture

B. The Oklahoma Agriculture Enhancement and Diversification

Fund shall consist of:

1. Money received by the Oklahoma Department of Agriculture,

Food, and Forestry in the form of gifts, grants, appropriations,

reimbursements, donations, industry contributions, funds allocated

by federal agencies for marketing, research and agricultural

development programs and such other monies specifically designated

for the Oklahoma Agriculture Enhancement and Diversification

Program. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the State Board of

Agriculture for the Oklahoma Agriculture Enhancement and

Diversification Program; and

2. Interest attributable to investment of money in the fund.

C. All donations or other proceeds received by the Department

pursuant to the provisions of this section shall be deposited with

the State Treasurer to be credited to the Oklahoma Agriculture

Enhancement and Diversification Fund. Expenditures from the fund

shall be made upon warrants issued by the State Treasurer against

claims filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.

D. The monies deposited in the fund shall at no time become

part of the general budget of the Department or any other state

agency. Except for any administration costs incurred in development

and implementation of the Oklahoma Agriculture Enhancement and

Diversification Program, no monies from the fund shall be

transferred for any purpose to any other state agency or to any

account of the State Board of Agriculture or the Department or be

used for the purpose of contracting with any other state agency or

reimbursing any other state agency for any expense.

Added by Laws 1999, c. 157, § 3, eff. Nov. 1, 1999. Amended by Laws

2012, c. 304, § 4; Laws 2015, c. 123, § 2, emerg. eff. April 21,

2015.

§2-5-3.4. Grants or loan funds – Applications – Evaluation criteria

– Proprietary information.

A. The Oklahoma Department of Agriculture, Food, and Forestry

shall require eligible applicants to submit information, forms and

reports as are necessary to properly and efficiently administer the

Oklahoma Agriculture Enhancement and Diversification Program.

B. Persons may apply to the Department for grant or loan funds

in accordance with rules promulgated by the State Board of

Agriculture. Applications for grant or loan funds shall be approved

or denied by the Department in accordance with criteria promulgated

by the State Board of Agriculture pursuant to the Oklahoma

Agriculture Enhancement and Diversification Program.

Oklahoma Statutes - Title 2. Agriculture

C. Grant or loan funds may be made available to eligible

applicants pursuant to evaluation by the Department based on the

following criteria:

1. Preference may be given to the applicants whose:

a.

industrial and nonfood production processes utilize

agricultural products,

b.

food, feed and fiber products and uses are innovative

and add to the value of agricultural products,

c.

applications demonstrate a high probability of job

creation and return-on-investment,

d.

proposals feature research that is innovative as well

as commercially plausible,

e.

proposals demonstrate a high probability of rapid

commercialization,

f.

projects demonstrate a shared commitment for funding

from other private or public sources or from the

applicant,

g.

proposals center efforts on nonurban locales,

h.

principals are individuals, a group of individuals, an

individual on behalf of a group, or corporations which

meet the criteria set forth in Section 951 of Title 18

of the Oklahoma Statutes, to market a product or

formulate or implement a marketing plan for

agricultural products produced or processed in

Oklahoma,

i.

proposals contain the potential to create additional

income for the farm unit,

j.

proposals provide for new and innovative plans for

marketing the product, and

k.

proposals for agricultural events that expose new

audiences to agriculture or benefit the entire state

or a large geographic region of the state; and

2. Consideration shall not be given to applications for:

a.

research or marketing plans which do not clearly meet

the stated objectives of the Oklahoma Agriculture

Enhancement and Diversification Act,

b.

proposals which are aimed solely at business expansion

or creation without regard to agricultural products

utilization,

c.

research or marketing plans that cannot reasonably be

expected to result in a viable commercial application,

or that are or have been duplicated by other research

efforts,

d.

proposals for agricultural events that do not result

in expansion of the event or encourage additional

public interest in the event, or

Oklahoma Statutes - Title 2. Agriculture

e.

proposals for growing or any other aspect of medical

marijuana.

D. 1. Any information submitted to or compiled by the

Department with respect to the marketing plans, financial

statements, trade secrets, research concepts, methods or products,

or any other proprietary information of persons, firms,

associations, partnerships, agencies, corporations, institutions of

higher education, nonprofit research institutions or other entities

pursuant to the Oklahoma Agriculture Enhancement and Diversification

Program shall not be disclosed pursuant to the Oklahoma Open Records

Act or in public hearings and shall be kept confidential, except to

the extent that the person or entity which provided such information

or which is the subject of such information consents to disclosure.

2. In the event that an independent group of reviewers is used

to analyze and recommend projects for approval by the Board, any

meeting of such group shall be exempt from the Oklahoma Open Meeting

Act.

Added by Laws 1999, c. 157, § 4, eff. Nov. 1, 1999. Amended by Laws

2000, c. 367, § 29, emerg. eff. June 6, 2000; Laws 2015, c. 123, §

3, emerg. eff. April 21, 2015; Laws 2021, c. 229, § 2, eff. Nov. 1,

2021.

§2-5-3.5.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-5-3A.1. Short title - Oklahoma Farmers Market and Farmers Hub

Act.

This act shall be known and cited as the "Oklahoma Farmers

Market and Farmers Hub Act".

Added by Laws 2020, c. 102, § 1, eff. Nov. 1, 2020.

§2-5-3A.2. Definitions.

As used in the Oklahoma Farmers Market and Farmers Hub Act:

1. "Approved" means conforming to scientific principles,

applicable federal, state and local laws and generally recognized

industry standards that protect public health;

2. "Approved source" means a source that is licensed and

inspected by a recognized regulatory authority and whose license is

in good standing;

3. "Farm food" means food made from products grown or raised on

a farm including:

a.

crops,

b.

crops grown on trees,

c.

crops grown on vines and bushes,

d.

livestock, and

e.

aquatic goods;

Oklahoma Statutes - Title 2. Agriculture

4. "Farm food producer" means a person, including family

members and employees who grow, raise and harvest agricultural

products to the point at which the products are ready for sale;

5. "Farmers hub" means a designated area where farm food and

value-added products from approved sources are sold on a consignment

basis for farm food producers;

6. "Farmers market" means a designated area where farm food

producers and value-added processors from a designated region gather

on a consistently scheduled basis to sell approved farm food and

value-added products from approved sources directly to the

purchaser;

7. "Farm-direct marketer" means a farm food producer, valueadded processor or a designated representative who sells approved

farm food and value-added products from approved sources by

consignment;

8. "Manager or advisory board member" means the individual

listed on file with the Oklahoma Department of Agriculture, Food,

and Forestry as the point of contact who is responsible for

coordination of the farmers market or farmers hub, and is

responsible for filing of all official documents and all

communications with the Department;

9. "Time/Temperature Control for Safety" means a food that

requires time/temperature control for safety to limit pathogenic

microorganism growth or toxin formation and which meets all other

aspects of the definition of "Time/Temperature Control for Safety

Food" pursuant to 310:257-1-2 of the Oklahoma Administrative Code;

and

10. "Value-added processor" means a person, including family

members and employees, who processes a raw agricultural product into

items ready for sale, so long as a portion of the finished product

was grown by the seller or seller's family members or employees.

Added by Laws 2020, c. 102, § 2, eff. Nov. 1, 2020.

§2-5-3A.3. Requirements for registered farmers market.

A. A manager or an advisory board member may register a farmers

market with the Oklahoma Department of Agriculture, Food, and

Forestry if the farmers market meets the eligibility requirements

identified in the Oklahoma Farmers Market and Farmers Hub Act.

B. A manager or an advisory board member of a registered

farmers market shall ensure the following are met for the farmers

market:

1. A complete registration application is submitted to the

Oklahoma Department of Agriculture, Food, and Forestry containing

the following information:

a.

location of the farmers market,

b.

name and contact information of the manager or

advisory board members for the farmers market,

Oklahoma Statutes - Title 2. Agriculture

c.

letters of intent to sell at the farmers market from a

minimum of four independent vendors of raw food

products,

d.

proposed annual calendar including months, days and

hours of operation,

e.

defined geographic region of eligible vendors,

f.

written acknowledgement of the Oklahoma State

Department of Health rules found at Title 310,

Chapters 257 and 260 of the Oklahoma Administrative

Code,

g.

a list of types of benefits accepted as payment

including, but not limited to, Supplemental Nutrition

Assistance Program (SNAP), Women and Infant Children

(WIC) and tribal aid programs,

h.

intended methods for promotion of the farmers market

including websites, social media and other

advertising,

i.

a copy of the farmers market guidelines or bylaws, if

applicable, and

j.

any other information required by rules promulgated

pursuant to the Oklahoma Farmers Market and Farmers

Hub Act;

2. Open for business at least one (1) day a week and at least

four (4) months of the year;

3. Open to the general public for purchase of products;

4. Sales are only direct to purchasers from the farm food

producer or value-added processor;

5. The grower, producer or employees of the grower or producer

are knowledgeable of the products offered for sale and are present

to answer questions to the purchaser;

6. Compliance with all local, state and federal laws regarding

retail sales including, but not limited to, tax compliance and all

licensing from state and federal entities; and

7. Any other conditions provided in rules promulgated pursuant

to the Oklahoma Farmers Market and Farmers Hub Act.

Added by Laws 2020, c. 102, § 3, eff. Nov. 1, 2020.

§2-5-3A.4. Permissible products at registered farmers markets.

The following products may be sold at a registered farmers

market:

1. Raw, uncut produce;

2. Whole shell eggs, so long as properly licensed by the

Oklahoma Department of Agriculture, Food, and Forestry;

3. Meat, so long as in compliance with all Oklahoma Department

of Agriculture, Food, and Forestry regulations for sales of meat and

so long as appropriately licensed by the State Department of Health;

Oklahoma Statutes - Title 2. Agriculture

4. Baked goods that qualify pursuant to the Home Bakery Act of

2013;

5. Processed foods and Time/Temperature Control for Safety

Foods that meet all local, state and federal requirements and are

made with at least a portion of ingredients grown or raised in

Oklahoma or are processed in Oklahoma;

6. Nonfood items, only if those items account for less than

twenty-five percent (25%) of the overall sales at the farmers

market; and

7. Any other items listed in rules promulgated pursuant to the

Oklahoma Farmers Market and Farmers Hub Act.

Added by Laws 2020, c. 102, § 4, eff. Nov. 1, 2020.

§2-5-3A.5. Requirements for registered farmers hub – Farm-direct

marketer.

A. A manager or advisory board member may register a farmers

hub with the Oklahoma Department of Agriculture, Food, and Forestry.

B. The manager or advisory board member shall ensure all

qualifications of a farmers market are met; however, the farm food

producer or the value–added processor does not have to be present

and products may be sold by a farm-direct marketer.

C. The farm-direct marketer shall:

1. Be prohibited from representing that products offered for

sale on consignment are their own;

2. Be required to have the proper licenses, permits or

registrations from applicable local, state and federal agencies;

3. Display proper identification of the product and

documentation of ingredients clearly and conspicuously for any item

on consignment including, but not limited to, the following:

a.

name of the product,

b.

business or farm name of the consigning farm food

producer or value-added processor, and

c.

address of where the product was grown or processed;

4. Acknowledge ownership of consigned products remains with the

farm food producer or value-added processor who produced the product

until the product is sold to the purchaser;

5. Maintain separate sales logs for products sold on

consignment for a minimum of two (2) years including, but not

limited to, the following:

a.

the name of the consigning farm food producer or

value-added processor,

b.

the address, telephone number and other contact

information of the consigning farm food producer or

value-added processor,

c.

specific items sold on consignment, and

d.

quantity of items sold on consignment; and

Oklahoma Statutes - Title 2. Agriculture

6. Comply with other requirements provided in rules promulgated

pursuant to the Oklahoma Farmers Market and Farmers Hub Act.

Added by Laws 2020, c. 102, § 5, eff. Nov. 1, 2020.

§2-5-3A.6. Promulgation of rules.

The Oklahoma Department of Agriculture, Food, and Forestry may

promulgate rules as necessary to carry out the provisions of this

act.

Added by Laws 2020, c. 102, § 6, eff. Nov. 1, 2020.

§2-5-4.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-5-4.1. Short title - Homemade Food Freedom Act.

This act shall be known and may be cited as the "Homemade Food

Freedom Act".

Added by Laws 2013, c. 40, § 1, eff. Nov. 1, 2013. Renumbered from

§ 1-1440 of Title 63 by Laws 2017, c. 85, § 3, eff. Nov. 1, 2017.

Amended by Laws 2021, c. 441, § 1, eff. Nov. 1, 2021.

§2-5-4.2. Definitions.

As used in the Homemade Food Freedom Act:

1. "Home food establishment" shall mean a business on the

premises of a residence in which homemade food products are created

for sale or resale if the business has gross annual sales of

prepared food of less than Seventy-five Thousand Dollars

($75,000.00). Gross annual sales includes all sales of prepared

food produced by the business at any location;

2. "Delivered" shall mean transferred to the customer, either

immediately upon sale or at a time thereafter;

3. "Homemade food product" shall mean food, including a

beverage, which is produced and, if packaged, packaged at a

residence; provided, however, homemade food product shall not mean

alcoholic beverages or unpasteurized milk or cannabis or marijuana

products;

4. "Non-time- or -temperature-controlled for safety" shall mean

food that does not require time or temperature control for safety to

limit the rapid and progressive growth of infectious or toxigenic

microorganisms, including foods that have a pH level of four and

six-tenths (4.6) or below or a water activity (aw) value of eightyfive one-hundredths (0.85) or less;

5. "Time- or temperature-controlled for safety" shall mean a

food that requires time or temperature control for safety to limit

infectious or toxigenic microorganisms and is in a form capable of

supporting rapid and progressive growth of infectious or toxigenic

microorganisms; provided, however, time- or temperature-controlled

for safety shall not include foods that have a pH level of four and

Oklahoma Statutes - Title 2. Agriculture

six-tenths (4.6) or below or a water activity (aw) value of eightyfive one-hundredths (0.85) or less;

6. "Produce" shall mean to prepare a food product by cooking,

baking, drying, mixing, cutting, canning, fermenting, preserving,

dehydrating, growing, raising or other process; and

7. "Producer" shall mean the person who produces a homemade

food product in a home food establishment.

Added by Laws 2013, c. 40, § 2, eff. Nov. 1, 2013. Amended by Laws

2017, c. 85, § 1, eff. Nov. 1, 2017. Renumbered from § 1-1440.1 of

Title 63 by Laws 2017, c. 85, § 4, eff. Nov. 1, 2017.

Amended by Laws 2021, c. 441, § 2, eff. Nov. 1, 2021.

§2-5-4.3. Conditions for exemption from licensing and other

requirements.

A. The production and sale of homemade food products that meet

the following conditions shall be exempt from all licensing and

other requirements of the State Department of Health and the

Oklahoma Department of Agriculture, Food, and Forestry:

1. Non-time- or -temperature-controlled-for-safety homemade

food products shall be sold:

a.

by the producer directly to the consumer, either in

person or by remote means, including, but not limited

to, the Internet or telephone, or

b.

by a producer's designated agent or a third-party

vendor, such as a retail or grocery store, farm, farm

stand, farmers market, membership-based buying club,

craft fair or flea market, to the consumer; provided,

the third-party vendor displays a placard where

homemade food products are displayed for sale with the

following disclosure: "This product was produced in a

private residence that is exempt from government

licensing and inspection. This product may contain

allergens.";

2. Non-time- or -temperature-controlled-for-safety homemade

food products shall be delivered:

a.

by the producer or producer's designated agent

directly to the consumer or third-party vendor, or

b.

by a third-party vendor or a third-party carrier, such

as a parcel delivery service, to the consumer or a

third-party vendor;

3. Time- or temperature-controlled-for-safety homemade food

products shall be sold by the producer directly to the consumer,

either in person or by remote means, including, but not limited to,

the Internet or telephone;

4. Time- or temperature-controlled-for-safety homemade food

products shall be delivered by the producer directly to the

consumer;

Oklahoma Statutes - Title 2. Agriculture

5. Before a producer produces and sells time- or temperaturecontrolled-for-safety homemade food products, the producer shall

complete and pass food safety training from a list of providers,

including the ServSafe Food Handler Training, approved by the

Oklahoma Department of Agriculture, Food, and Forestry. The food

safety training shall be available to complete online and shall not

exceed eight (8) hours in length. The Oklahoma Department of

Agriculture, Food, and Forestry shall make the list of approved

training available on its website by November 1, 2021;

6. The following information shall be provided to the consumer

in the format required by subsection B of this section:

a.

the name and phone number of the producer,

b.

the physical address where the product was produced,

c.

a description of the homemade food product,

d.

the ingredients of the homemade food product in

descending order of proportion,

e.

a statement indicating the presence of any of the

eight most common allergens, including milk, eggs,

peanuts, tree nuts, soy and wheat, and

f.

legible print stating, "This product was produced in a

private residence that is exempt from government

licensing and inspection.";

7. If the homemade food product is packaged and distributed in

interstate commerce, it shall also be sold and labeled in accordance

with federal law; and

8. Homemade food products shall not contain seafood or meat,

meat by-products or meat food products as defined by Section 301.2

of Title 9 of the Code of Federal Regulations or poultry, poultry

products or poultry food products as defined for purposes of the

federal Poultry Products Inspection Act.

B. The information required by paragraph 6 of subsection A of

this section shall be provided in a legible format of at least 10point font, in the following manner:

1. On a label affixed to the package if the homemade food

product is packaged;

2. On a label affixed to a container, if the homemade food

product is offered for sale from a bulk container directly to the

consumer;

3. On a placard displayed at the point of sale, and on a card

or other item that is made available to the consumer and is readily

carriable if the homemade food product is not packaged; and

4. Displayed on the webpage from which the homemade food

product is offered for sale if it is sold on the Internet; provided,

that each item sold over the Internet shall be properly labeled or

shall have a label included in the shipping container.

C. A homemade food product producer may obtain a registration

number upon the payment of an annual fee of Fifteen Dollars ($15.00)

Oklahoma Statutes - Title 2. Agriculture

to the Oklahoma Department of Agriculture, Food, and Forestry that

is good for one (1) year from the date of its issue. The assigned

registration number may be used on product labels instead of the

producer's name, phone number, and the physical address of the

location where the homemade food product was produced.

Added by Laws 2013, c. 40, § 3, eff. Nov. 1, 2013. Amended by Laws

2017, c. 85, § 2, eff. Nov. 1, 2017. Renumbered from § 1-1440.2 of

Title 63 by Laws 2017, c. 85, § 5, eff. Nov. 1, 2017. Amended by

Laws 2021, c. 441, § 3, eff. Nov. 1, 2021; Laws 2024, c. 16, § 1,

eff. Nov. 1, 2024.

§2-5-4.4. Reported foodborne illness – Investigation by State

Department of Health.

Nothing in the Homemade Food Freedom Act shall be construed to

impede the State Department of Health in any investigation of a

reported foodborne illness. Upon receipt of a consumer complaint,

the Oklahoma Department of Agriculture, Food, and Forestry shall

have the authority to request proof of completion of the food safety

training, verify a producer's gross sales, and ensure a producer has

complied with the act's labeling and delivery requirements. The

Oklahoma Department of Agriculture, Food, and Forestry may fine a

producer who violates this act in accordance with Section 5-4.5 of

this title.

Added by Laws 2013, c. 40, § 4, eff. Nov. 1, 2013. Renumbered from

§ 1-1440.3 of Title 63 by Laws 2017 c. 85, § 6, eff. Nov. 1, 2017.

Amended by Laws 2021, c. 441, § 4, eff. Nov. 1, 2021.

§2-5-4.5. Violations.

Violation of the Homemade Food Freedom Act shall be punishable

by a fine not exceeding Three Hundred Dollars ($300.00).

Added by Laws 2013, c. 40, § 5, eff. Nov. 1, 2013. Renumbered from

§ 1-1440.4 of Title 63 by Laws 2017 c. 85, § 6, eff. Nov. 1, 2017.

Amended by Laws 2021, c. 441, § 5, eff. Nov. 1, 2021.

§2-5-4.6. County ordinances.

Nothing in the Homemade Food Freedom Act shall be construed to

prevent counties from enacting ordinances regulating the operation

of home food establishments, provided such ordinances do not

conflict with the provisions of the Homemade Food Freedom Act or

impede or restrict the sale of homemade food products in compliance

with the law.

Added by Laws 2013, c. 40, § 6, eff. Nov. 1, 2013. Renumbered from

§ 1-1440.5 of Title 63 by Laws 2017 c. 85, § 6, eff. Nov. 1, 2017.

Amended by Laws 2021, c. 441, § 6, eff. Nov. 1, 2021.

§2-5-5.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

Oklahoma Statutes - Title 2. Agriculture

§2-5-6. Marketing information and news services.

The State Board of Agriculture shall have authority to furnish

market information and market news services for agricultural

commodities to producers, packers, shippers, wholesalers, retailers,

consumers, and other interested parties. In addition, the Board may

determine the type of information or services assembled and

distributed for any commodity. The information or services may be

provided at the shipping, wholesale, or retail level.

Added by Laws 1955, p. 33, art. 5(A), § 6. Amended by Laws 2000, c.

243, § 40, emerg. eff. May 24, 2000.

§2-5-7.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-5-8.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-5-9. "Made in Oklahoma" and "Grown in Oklahoma" program Specifications.

A. The State Department of Agriculture shall initiate and

operate a “Made in Oklahoma” and a “Grown in Oklahoma” program for

the purpose of promoting foods, products, and services produced

within Oklahoma.

B. The programs shall be designed to:

1. Increase consumer awareness by identifying foods, products,

or services with a “Made in Oklahoma” or a “Grown in Oklahoma” logo;

2. Increase purchase of Oklahoma foods, products, and services

by Oklahomans and by out-of-state persons;

3. Expand and develop new markets for Oklahoma-made foods,

products, and services;

4. Attract needed materials to Oklahoma processors; and

5. Educate consumers about Oklahoma foods, products, and

services through an extensive and informative public relations

campaign.

Added by Laws 1991, c. 11, § 1, eff. Sept. 1, 1991. Amended by Laws

2000, c. 243, § 13, emerg. eff. May 24, 2000. Renumbered from § 211a of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000.

§2-5-10. "Made in Oklahoma" and "Grown in Oklahoma" program Powers and duties of State Department of Agriculture.

A. To implement the Made in Oklahoma Program and the Grown in

Oklahoma Program, the State Department of Agriculture shall:

1. Design a “Made in Oklahoma” logo and a “Grown in Oklahoma”

logo for use by Oklahoma processors, providers, or growers;

2. Establish standards and requirements for logos;

Oklahoma Statutes - Title 2. Agriculture

3. Establish fees for logos; provided any Oklahoma processor,

provider, or grower may acquire use of the logos on their foods,

products, or services free of charge for the first year after

authorization for use;

4. Establish a task force to assist in ascertaining strengths

and weaknesses of the program;

5. Cooperate with other state agencies and other organizations

as needed in development of the program;

6. Foster conferences, institutes, and exhibits on Oklahomamade products and services or Oklahoma-grown foods;

7. Publish reports, surveys, news bulletins, or other materials

pertaining to its findings, recommendations, and work; and

8. Report to the Governor, the Speaker of the House of

Representatives, and the President Pro Tempore of the Senate areas

needing legislative or procedural changes to help promote the

purchase and use of Oklahoma-made products and services and

Oklahoma-grown foods or to attract manufacturers to supply

processors with needed materials.

B. The Department may apply for, accept, and use any gift,

grant, or bequest from any source for the purpose of discharging its

duties.

Added by Laws 1991, c. 11, § 2, eff. Sept. 1, 1991. Amended by Laws

2000, c. 243, 14, emerg. eff. May 24, 2000. Renumbered from § 2-11b

of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-11. Identification of needs of state entities - Cooperation

with producers, Office of Management and Enterprise Services, and

State Purchasing Director.

A. As part of the "Made in Oklahoma" and "Grown in Oklahoma"

programs established within the Oklahoma Department of Agriculture,

Food, and Forestry, the Department, in cooperation with the Office

of Management and Enterprise Services and the State Purchasing

Director, shall develop and expand new markets and identify the

needs of state agencies, institutions, universities, and other

entities of state, municipalities, counties, and other political

subdivisions of this state and federal agencies and institutions for

Oklahoma-made and Oklahoma-grown agricultural products.

B. The Department shall serve as a communication link between

the producers of Oklahoma agricultural products and the Office of

Management and Enterprise Services and the State Purchasing Director

or directly between the producers and the state, local, and federal

entities for determining and satisfying the needs of the state,

local, and federal entities for agricultural products. Special

emphasis shall be given by the program for the development of

opportunities for distribution and sale of surplus and oversupply of

perishable products.

Oklahoma Statutes - Title 2. Agriculture

C. The Department, the Office of Management and Enterprise

Services, and the State Purchasing Director shall provide an

expeditious process for the sale to and purchase of Oklahoma grown

and produced agricultural products by state, local, and federal

entities.

D. The Department shall inform producers of the identified

needs of agricultural products by the state, local, and federal

entities and shall assist the producers in contract procedures with

or through the Office of Management and Enterprise Services and the

State Purchasing Director or directly with the state, local, or

federal entity needing the agricultural products.

Added by Laws 1998, c. 65, § 1, emerg. eff. April 8, 1998. Amended

by Laws 2000, c. 243, § 15, emerg. eff. May 24, 2000. Renumbered

from § 2-11c of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000. Amended by Laws 2012, c. 304, § 5.

§2-5-12. Oklahoma Agritourism Program.

A. The Oklahoma Department of Agriculture, Food, and Forestry

shall operate an “Oklahoma Agritourism Program” for the purpose of

stimulating economic growth and viability in rural communities by

promoting and fostering agritourism ventures within Oklahoma.

B. The Oklahoma Agritourism Program of the Oklahoma Department

of Agriculture, Food, and Forestry shall:

1. Foster conferences, institutes, and exhibits on agritourism

opportunities;

2. Publish reports, surveys, news bulletins, or other materials

pertaining to its findings, recommendations, and work;

3. Utilize existing Department resources and related programs;

4. Cooperate with the Oklahoma Tourism and Recreation

Department, the Oklahoma Department of Commerce and the Oklahoma

State University Cooperative Extension Service as needed in

development and operation of the Program; and

5. Facilitate an independent agritourism organization.

C. The Department may apply for, accept, and use any gift,

grant, or bequest from any source for the purpose of discharging its

duties.

Added by Laws 2007, c. 7, § 1, eff. Nov. 1, 2007.

§2-5-13. Agritourism Revolving Fund.

A. There is hereby created in the State Treasury a fund to be

known as the “Agritourism Revolving Fund”. All monies, fees, and

revenues collected, authorized, or received from any source by the

State Board of Agriculture or any division, officer, or employee of

the State Department of Agriculture pursuant to the provisions of

Section 1 of this act or any law or agreement shall be deposited in

the fund.

Oklahoma Statutes - Title 2. Agriculture

B. The fund shall be a continuing fund and shall be expended

only for purposes specifically authorized and approved by a majority

vote of the five (5) members appointed to and constituting the

Board. The President, in the absence of the Board, may approve

disbursements for lawfully authorized purposes.

C. The Board shall have authority to employ and pay out of the

fund personnel as needed or required to conduct authorized services.

D. All claims against the fund shall be paid only upon the

majority approval of the Board, or the President in the absence of

the Board.

Added by Laws 2007, c. 7, § 2, eff. Nov. 1, 2007.

§2-5-14. Short title – Oklahoma Agritourism Activities Liability

Limitations Act.

This act shall be known and may be cited as the "Oklahoma

Agritourism Activities Liability Limitations Act".

Added by Laws 2013, c. 27, § 1, emerg. eff. April 12, 2013.

§2-5-15. Definitions.

As used in the Oklahoma Agritourism Activities Liability

Limitations Act:

1. "Agritourism activity" means any activity carried out on a

farm or ranch that allows members of the general public, for

recreational, entertainment, or educational purposes, to view or

enjoy rural activities, including farming, ranching, historic,

cultural, harvest-your-own activities, or natural activities and

attractions. An activity is an agritourism activity whether or not

the participant paid to participate in the activity;

2. "Agritourism professional" means any person who is engaged

in the business of providing one or more agritourism activities,

whether or not for compensation and whose agritourism activity is

registered with the Oklahoma Department of Agriculture, Food, and

Forestry;

3. "Inherent risks of agritourism activity" means those dangers

or conditions that are an integral part of an agritourism activity

including certain hazards, surface and subsurface conditions,

natural conditions of land, vegetation, and waters, the behavior of

wild or domestic animals, and ordinary dangers of structures or

equipment ordinarily used in farming and ranching operations.

Inherent risks of agritourism activity also include the potential of

a participant to act in a negligent manner that may contribute to

injury to the participant or others, including failing to follow

instructions given by the agritourism professional or failing to

exercise reasonable caution while engaging in the agritourism

activity; and

4. "Participant" means any person, other than the agritourism

professional, who engages in an agritourism activity.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 2013, c. 27, § 2, emerg. eff. April 12, 2013.

§2-5-16. Liability of agritourism professionals and exceptions.

A. Except as provided in subsection B of this section, an

agritourism professional is not liable for injury to or death of a

participant resulting from the inherent risks of agritourism

activities, so long as the warning contained in Section 4 of this

act is posted as required and, except as provided in subsection B of

this section, no participant or participant's representative can

maintain an action against or recover from an agritourism

professional for injury, loss, damage, or death of the participant

resulting exclusively from any of the inherent risks of agritourism

activities. In any action for damages against an agritourism

professional for agritourism activity, the agritourism professional

must plead the affirmative defense of assumption of the risk of

agritourism activity by the participant.

B. Nothing in subsection A of this section prevents or limits

the liability of an agritourism professional if the agritourism

professional does any one or more of the following:

1. Commits an act or omission that constitutes negligence or

willful or wanton disregard for the safety of the participant, and

that act or omission proximately causes injury, damage, or death to

the participant;

2. Has actual knowledge or reasonably should have known of a

dangerous condition on the land, facilities, or equipment used in

the activity or the dangerous propensity of a particular animal used

in such activity and does not make the danger known to the

participant, and the danger proximately causes injury, damage, or

death to the participant.

C. Any limitation on legal liability afforded by this section

to an agritourism professional is in addition to any other

limitations of legal liability otherwise provided by law.

Added by Laws 2013, c. 27, § 3, emerg. eff. April 12, 2013.

§2-5-17. Notice of warning.

A. Every agritourism professional shall post and maintain signs

that contain the warning notice specified in subsection B of this

section. The sign shall be placed in a clearly visible location at

the entrance to the agritourism location and at the site of the

agritourism activity. The warning notice shall consist of a sign in

black letters, with each letter to be a minimum of one (1) inch in

height. Every written contract entered into by an agritourism

professional for the providing of professional services,

instruction, or the rental of equipment to a participant, whether or

not the contract involves agritourism activities on or off the

location or at the site of the agritourism activity, shall contain

Oklahoma Statutes - Title 2. Agriculture

in clearly readable print the warning notice specified in subsection

B of this section.

B. The signs and contracts described in subsection A of this

section must contain the following notice of warning:

"WARNING

Under Oklahoma law, there is no liability for an injury to or

death of a participant in an agritourism activity conducted at this

agritourism location if such injury or death results from the

inherent risks of the agritourism activity. Inherent risks of

agritourism activities include, among others, risks of injury

inherent to land, equipment, and animals, as well as the potential

for you to act in a negligent manner that may contribute to your

injury or death. You are assuming the risk of participating in this

agritourism activity."

C. Failure to comply with the requirements concerning warning

signs and notices provided in this section shall prevent an

agritourism professional from invoking the privileges of immunity

provided by the Oklahoma Agritourism Activities Liability

Limitations Act.

Added by Laws 2013, c. 27, § 4, emerg. eff. April 12, 2013.

§2-5-17a. Rights to engage in agritourism activities – Requirements

and regulations.

A. Except as otherwise provided in this subsection, the rights

of Oklahomans to engage in agritourism activities shall not be

banned by any county, municipality, state agency or political

subdivision. Agritourism activities shall only be engaged in a

lawful manner pursuant to the Oklahoma Horse Racing Act and in

compliance with health and safety zoning requirements, as well as

health and safety regulations, by the state and local governments.

B. "Agritourism activities" as used in this section means

utilizing livestock or poultry for entertainment or educational

purposes. This shall include horseback riding, horse-drawn carriage

rides, livestock and poultry shows, petting farms, rodeos,

activities that historically involved the utilization of working

animals and other substantially similar activities.

C. "Agritourism activities" as used in this section shall not

include cockfighting, as defined in Section 1692.1 of Title 21 of

the Oklahoma Statutes or fighting dogs, as defined in Section 1693

of Title 21 of the Oklahoma Statutes.

Added by Laws 2021, c. 446, § 2, eff. Nov. 1, 2021.

§2-5-18. Short title - Farmers Market Liability Limitation Act.

This act shall be known and may be cited as the "Farmers Market

Liability Limitation Act".

Added by Laws 2017, c. 206, § 1, eff. Nov. 1, 2017.

Oklahoma Statutes - Title 2. Agriculture

§2-5-19. Definitions.

As used in the Farmers Market Liability Limitation Act:

1. "Farmers market" means a market that is registered with the

Oklahoma Department of Agriculture, Food, and Forestry;

2. "Farmers Market Operator" means the person who promotes or

manages the activities at a farmers market registered with the

Department; and

3. "Participant" means any person who attends a farmers market

or who sells, purchases or consumes any products offered or sold at

a farmers market.

Added by Laws 2017, c. 206, § 2, eff. Nov. 1, 2017.

§2-5-20. Limitation of liability – Exceptions.

A. Any participant assumes the inherent risk of attending,

buying or selling goods at a farmers market registered with the

Oklahoma Department of Agriculture, Food, and Forestry. If a

participant brings an action for damages arising from the operation

of a registered farmers market, the registered farmers market

operator may plead an affirmative defense of assumption of risk by

the participant.

B. Any limitation on legal liability afforded to a registered

farmers market operator by this act shall be in addition to any

other limitation of legal liability otherwise provided by law.

C. Nothing in this act shall prevent or limit the liability of

a registered farmers market operator if:

1. The registered farmers market operator injures the

participant by intentional or willful misconduct; or

2. The registered farmers market operator has actual knowledge

of a dangerous condition in the land, facilities or equipment used

in the registered farmers market activity or the dangerous

propensity of a particular animal used in such activity and does not

make the dangerous condition known to the participant and the

dangerous condition causes the participant to sustain injuries or

death.

Added by Laws 2017, c. 206, § 3, eff. Nov. 1, 2017.

§2-5-21. Renumbered as § 10-71 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-21.1. Renumbered as § 10-72 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-21.2. Renumbered as § 10-73 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-22. Renumbered as § 10-74 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-5-23. Renumbered as § 10-75 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-24. Renumbered as § 10-76 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-25. Renumbered as § 10-77 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-25.1. Renumbered as § 10-78 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-26. Renumbered as § 10-79 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-27. Renumbered as § 10-80 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-28. Renumbered as § 10-81 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-29.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-5-30.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-5-47.

Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-51.

Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-52.

Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-53.

Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-54.

Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-58.

Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-59. Oklahoma Trade Development program – Establishment –

Participating entities - Purpose.

A. The State Board of Agriculture shall establish an Oklahoma

Trade Development program to further the processing and marketing of

Oklahoma food products and renewable resources.

B. All applicable agencies including, but not limited to, the

Division of Agriculture at Oklahoma State University, the Department

Oklahoma Statutes - Title 2. Agriculture

of Commerce, and the Corporation Commission shall cooperate in the

program.

C. The Oklahoma Trade Development Center shall consider the

following subjects:

1. The possibility of a food processing center to assist in the

marketing of intrastate and interstate distribution to increase the

awareness of Oklahoma food products.

2. The possibilities for value-added products to be derived

from Oklahoma's renewable resources.

Added by Laws 1987, c. 106, § 1, emerg. eff. May 22, 1987. Amended

by Laws 2000, c. 243, § 52, emerg. eff. May 24, 2000.

§2-5-60. Industry Advisory Committee within Oklahoma Food and

Agricultural Products Research and Technology Center - Members Subcommittees – Compensation – Quorum - Assistance.

A. There is hereby created the “Industry Advisory Committee”

within the Oklahoma Food and Agricultural Products Research and

Technology Center located at Oklahoma State University in

Stillwater, Oklahoma. The Committee shall consist of one ex officio

nonvoting member and fifteen appointed members. The Committee shall

be advisory to the Oklahoma Food and Agricultural Products Research

and Technology Center. The Committee shall assist and advise the

Oklahoma Food and Agricultural Products Research and Technology

Center in prioritizing projects, in setting fees, and in creating

and designing joint ventures for the development and advancement of

the production, processing, handling, and marketing of agricultural

commodities, so the Center may meet the needs of the state's valueadded processing entities.

B. The Committee shall consist of sixteen (16) members as

follows:

1. The Dean of the Division of Agricultural Sciences and

Natural Resources of Oklahoma State University shall serve as an ex

officio nonvoting member;

2. The Governor shall appoint four members to serve three-year

terms, two of whom shall be nationally based food processors, one of

whom shall be a member of the “Made in Oklahoma” organization, and

one of whom shall represent a state, county, or city economic

development agency. Of the members initially appointed, two shall

serve a one-year term, one shall serve a two-year term, and one

shall serve a three-year term;

3. The President Pro Tempore of the Senate shall appoint four

members to serve three-year terms, one of whom shall be involved in

food transportation, one of whom shall be involved in textiles, one

of whom shall be involved in industrial or pharmaceutical products,

and one of whom shall be an Oklahoma-based food processor. Of the

members initially appointed, one shall serve a one-year term, two

shall serve a two-year term, and one shall serve a three-year term;

Oklahoma Statutes - Title 2. Agriculture

4. The Speaker of the House of Representatives shall appoint

four members to serve three-year terms, one of whom shall be

involved in food marketing, one of whom shall be involved in food

distribution, one of whom shall be involved in industrial or

pharmaceutical products, and one of whom shall be an Oklahoma-based

food processor. Of the members initially appointed, one shall serve

a one-year term, one shall serve a two-year term, and two shall

serve a three-year term; and

5. The Dean of the Division of Agricultural Sciences and

Natural Resources of Oklahoma State University shall appoint three

members to serve three-year terms, one of whom shall be an Oklahomabased food processor, and two of whom shall be involved in

production agriculture. Of the members initially appointed, one

shall serve a one-year term, one shall serve a two-year term, and

one shall serve a three-year term.

C. Any vacancies in the appointed membership of the Industry

Advisory Committee shall be filled in the same manner as the

original appointment.

D. The Committee shall elect from among its members a chair,

vice-chair, and any other officers that the Committee determines

necessary.

E. The Committee shall meet at least biannually.

F. The Committee may appoint subcommittees as necessary to

carry out its duties pursuant to this section.

G. Members of the Committee shall not receive a salary for

duties performed by the Committee. Members of the Committee shall

be reimbursed for necessary travel expenses incurred in the

performance of their official duties in accordance with the State

Travel Reimbursement Act. The Oklahoma Food and Agricultural

Products Research and Technology Center shall be responsible for

paying travel expenses.

H. A majority of the members shall constitute a quorum.

I. The Oklahoma Food and Agricultural Products Research and

Technology Center shall provide staff assistance for the Committee.

Added by Laws 1996, c. 87, § 1, eff. July 1, 1996. Amended by Laws

2000, c. 243, § 53, emerg. eff. May 24, 2000.

§2-5-60.1. Short title.

This act shall be known and may be cited as the “Oklahoma Farm

to School Program Act”.

Added by Laws 2006, c. 257, § 1, eff. Nov. 1, 2006.

§2-5-60.2. Legislative findings.

A. The Legislature recognizes that:

1.

Farm to School Programs link schools and Oklahoma farms in

order to provide schools with fresh and minimally processed farm

commodities for inclusion in school meals and snacks, to help

Oklahoma Statutes - Title 2. Agriculture

children develop healthy eating habits, and to improve Oklahoma

farmers’ incomes and direct access to markets; and

2. The benefits of Farm to School Programs often include

activities that provide students with hands-on learning

opportunities, such as farm visits, cooking demonstrations, and

school gardening and composting programs, and integrate nutrition

and agriculture education into school curricula.

B. It is the intent of the Legislature that school districts

encourage the implementation of the Oklahoma Farm to School Program,

which will emphasize the purchase of locally and regionally produced

foods in order to improve child nutrition and strengthen local and

regional farm economies.

C. A successful statewide Farm to School Program will require

the resources, expertise, and collaboration of a variety of state

agencies, including the State Department of Education, the State

Department of Health, the Oklahoma Department of Agriculture, Food,

and Forestry, the Department of Human Services, and a nonprofit

agency that has experience in Farm to School Programs.

Added by Laws 2006, c. 257, § 2, eff. Nov. 1, 2006.

§2-5-60.3. Oklahoma Farm to School Program – Agency staff to

implement.

A. There is hereby created the Oklahoma Farm to School Program

within the Oklahoma Department of Agriculture, Food, and Forestry.

The Department shall employ a director to administer and monitor the

programs and activities related to the Oklahoma Farm to School

Program with the advice of and guidance of a nonprofit food policy

council.

B. The following agencies shall make staff available to the

Oklahoma Farm to School Program for the purpose of providing

professional consultation and staff support to assist the

implementation of this act:

1. Oklahoma Department of Agriculture, Food, and Forestry;

2. State Department of Health;

3. State Department of Education; and

4. Department of Human Services.

Added by Laws 2006, c. 257, § 3, eff. Nov. 1, 2006.

§2-5-60.4. Duties of director.

The duties of the director shall include, but not be limited to:

1. Identifying and promoting the critical components of

individual Farm to School Programs and advising the agencies on

needed actions and strategies to implement the Oklahoma Farm to

School Program;

2. Establishing a partnership with public and nonprofit sources

to implement a public engagement campaign and establish a structure

to facilitate communication between farmers and school districts;

Oklahoma Statutes - Title 2. Agriculture

3. Providing leadership at the state level to encourage school

districts to develop and improve school nutrition plans using

locally grown farm-fresh products;

4. Conducting workshops, training sessions, and technical

assistance to school food services directors, personnel, farmers,

and produce distributors and processors regarding the demand for and

the availability of Oklahoma farm products; and

5. Seeking grants from private donations and other funding

sources.

Added by Laws 2006, c. 257, § 4, eff. Nov. 1, 2006.

§2-5-60.5. Program web site.

A. The Oklahoma Department of Agriculture, Food, and Forestry

shall establish a Farm to School Program web site for the State of

Oklahoma. A direct link to the Farm to School Program web site

shall be maintained on the home pages of the State of Oklahoma, the

State Department of Education, and the Oklahoma Department of

Agriculture, Food, and Forestry.

B. The purpose of the Farm to School Program web site shall be

to assist schools and farmers in the coordination of fresh food

procurement.

Added by Laws 2006, c. 257, § 5, eff. Nov. 1, 2006.

§2-5-60.6. Authority to promulgate rules.

The Oklahoma Department of Agriculture, Food, and Forestry is

authorized to promulgate rules as necessary to carry out the

provisions of this act.

Added by Laws 2006, c. 257, § 6, eff. Nov. 1, 2006.

§2-5-60.10. Short title - Oklahoma Agricultural Commodity Act.

This act shall be known and may be cited as the "Oklahoma

Agricultural Commodity Act".

Added by Laws 1999, c. 123, § 1, eff. July 1, 1999. Amended by Laws

2014, c. 1, § 1, eff. July 1, 2014.

§2-5-60.11. Purpose of act.

A. The purpose of the Oklahoma Agricultural Commodity Act is:

1. To authorize and prescribe the necessary procedures by which

the producers of agricultural commodities grown in this state may

establish agricultural commodity producers boards to finance

programs devised to alleviate any circumstance or condition that

serves to impede the production, marketing, research or use of

agricultural commodities; and

2. To establish a procedure for an existing statutory commodity

board to privatize and convert to a successor organization.

B. Agriculture commodity producers boards established pursuant

to the Oklahoma Agricultural Commodity Act shall be state agencies

Oklahoma Statutes - Title 2. Agriculture

for purposes of The Governmental Tort Claims Act and are exempt from

taxation in the same manner and to the same extent as other state

agencies. The board shall not be considered a state agency for any

other purpose.

Added by Laws 1999, c. 123, § 2, eff. July 1, 1999. Amended by Laws

2014, c. 1, § 2, eff. July 1, 2014.

§2-5-60.12. Definitions.

As used in the Oklahoma Agricultural Commodity Act:

1. "Agricultural commodity" means an agricultural commodity,

horticultural commodity, silvicultural commodity, or agricultural

product, horticultural product, viticulture, or silvicultural

product, or bees and honey, planting seed, livestock or livestock

product, or poultry or poultry product produced in this state,

either in its natural state or as processed by the producer;

2. "Board" means an agricultural commodity producers board of a

certified organization or a successor organization;

3. "Certified organization" means the agricultural commodity

entity certified by the Oklahoma Department of Agriculture, Food,

and Forestry to conduct a referendum;

4. "Commissioner" means the Commissioner of the Oklahoma

Department of Agriculture, Food, and Forestry;

5. "District" means a geographical area within the jurisdiction

of a board;

6. "Person" means an individual, firm, corporation,

association, or any other business entity;

7. "Processor" means a person who:

a.

is a purchaser, warehouseman, processor, or other

commercial handler of an agricultural commodity, or

b.

is engaged in the operation of packing, grading,

selling, offering for sale or marketing any

agricultural commodity in commercial quantities as

defined in a marketing program, who as owner, agent,

or otherwise, ships or causes agricultural commodities

to be shipped;

8. "Producer" means a person engaged in the business of

producing or causing to be produced for commercial purposes an

agricultural commodity. The term "producer" includes the owner of a

farm on which the commodity is produced and the owner's tenant or

sharecropper;

9. "Successor organization" means the agricultural commodity

entity approved by the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry to succeed an existing statutory

commodity producers board; and

10. "Volume of production" shall be defined by the certified

organization and can refer to units of product sold such as pounds,

tons, bushels, gallons, flats, containers, packages, or other

Oklahoma Statutes - Title 2. Agriculture

commonly recognized units of measure, square footage or acreage of

production space or other appropriate measurement units, or number

of production units such as trees, vines, head count of livestock or

poultry, or other commonly recognized measurement units, or gross

sales.

Added by Laws 1999, c. 123, § 3, eff. July 1, 1999. Amended by Laws

2014, c. 1, § 3, eff. July 1, 2014.

§2-5-60.13. Petition for certification – Public hearing.

A. 1. Any nonprofit organization authorized under the laws of

this state representing the producers of an agricultural commodity

may petition the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry for certification as the

organization authorized to establish a new commodity producers board

and conduct an assessment referendum pursuant to the Oklahoma

Agricultural Commodity Act.

2. The petition shall state:

a.

the reasons for and the purposes of the commodity

producers board,

b.

the number of board members and board organization,

c.

propose either a six-member, nine-member, twelvemember or fifteen-member board and whether board

members will be appointed by district or appointed at

large,

d.

the maximum assessment to be levied pursuant to an

election, and

e.

such other information required by the Commissioner;

3. The petition shall be signed by at least twenty percent

(20%) of the commodity producers in the state or at least two

hundred commodity producers, whichever is less.

B. 1. Any new nonprofit organization authorized under the laws

of this state representing the producers of an agricultural

commodity may petition the Commissioner for approval as a successor

organization authorized to replace an existing statutory commodity

producers board.

2. The petition shall:

a.

state the existing statutory commodity producers board

to be replaced,

b.

provide the bylaws for review and approval by the

Commissioner for the new nonprofit organization, and

c.

provide any other information required by the

Commissioner.

3. The petition shall be signed by a majority of the board

members of the existing statutory commodity producers board.

4. Any new nonprofit organization petitioning the Commissioner

may retain the name of the existing statutory commodity producers

board.

Oklahoma Statutes - Title 2. Agriculture

C. 1. Within fifteen (15) days following the day on which a

petition for certification is received, the Commissioner shall

schedule a public hearing to consider the petition. The public

hearing shall be scheduled no later than forty (40) days after

receipt of the completed petition is received by the Department.

2. Upon the scheduling of the public hearing, the nonprofit

organization shall provide for notification of interested commodity

producers in the manner, method and locations required by the

Department.

3. If the Commissioner determines that, on the basis of

testimony presented at the public hearing, the petitioning

organization is representative of the producers of the agricultural

commodity and that the petition conforms to the purposes and

provisions of the Oklahoma Agricultural Commodity Act, the

Commissioner shall:

a.

certify that the organization is representative of the

producers of the commodity and is authorized to

establish the commodity producers board and to conduct

the board election and assessment referendum, or

b.

approve the new nonprofit organization as a successor

organization authorized to accept the statutory

assessment.

Added by Laws 1999, c. 123, § 4, eff. July 1, 1999. Amended by Laws

2014, c. 1, § 4, eff. July 1, 2014.

§2-5-60.14. Commodity producers board – Ballot – Notice by

publication – Written notice.

A. A certified organization that does not have a statutory

assessment may establish a new commodity producers board and conduct

an election of members to the commodity producers board for the

commodity. The ballot shall also provide for a referendum of the

producers of an agricultural commodity on the proposition of whether

or not the producers shall levy an assessment on themselves to

finance programs of research, disease and insect control, predator

control, education, or promotion designed to encourage the

production, marketing, and use of the commodity. The certified

organization shall give public notice of:

1. The date, hours, and polling places for voting in the

referendum and election;

2. The estimated amount and basis of the assessment proposed to

be collected;

3. Whether a producer exemption is to be allowed in accordance

with Section 5-60.18 of this title; and

4. A description of the manner in which the assessment is to be

collected and the proceeds administered and used.

B. The notice under subsection A of this section shall be

published in one or more newspapers published and distributed within

Oklahoma Statutes - Title 2. Agriculture

the boundaries described in the petition. The notice shall be

published for not less than once a week for three (3) consecutive

weeks, beginning at least sixty (60) days before the date of the

election. In addition, at least sixty (60) days before the date of

the election, the certified organization shall give direct written

notice to each county extension educator in any county within the

boundaries described in the petition.

C. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.

Added by Laws 1999, c. 123, § 5, eff. July 1, 1999. Amended by Laws

2014, c. 1, § 5, eff. July 1, 2014.

§2-5-60.15. Conduction of election and referendum – Eligibility to

vote – Candidates – Write-in votes.

A. Subject to the approval of the Commissioner, the certified

organization shall conduct the election and referendum on a

statewide basis.

B. A producer of the agricultural commodity is eligible to vote

in the election and referendum if:

1. The producer's production occurs within the state; and

2. The producer would be required under the referendum to pay

the assessment.

C. Any producer who is eligible to vote at the election and

referendum is eligible to be a member or a candidate for membership

on the commodity producers board.

D. A potential candidate shall file with the certified

organization an application to have the name of such potential

candidate printed on the ballot. The application shall be signed by

the candidate and by at least ten producers who are eligible to vote

at the election. The application shall be filed at least thirty

(30) days before the date set for the election.

E. A voter may vote for board members by writing in the name of

any eligible person whose name is not printed on the ballot.

F. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.

Added by Laws 1999, c. 123, § 6, eff. July 1, 1999. Amended by Laws

2014, c. 1, § 6, eff. July 1, 2014.

§2-5-60.16. Preparation and distribution of ballots - Contents.

A. The certified organization shall prepare and distribute all

necessary ballots in advance of the referendum and election and

shall cause ballots to be available at all polling places.

Oklahoma Statutes - Title 2. Agriculture

B. The referendum provisions of the ballot shall specify a

maximum rate for the authorized assessment.

C. The election provisions of the ballot may be printed only

with the names of candidates who have filed valid petitions under

Section 5-60.15 of this title, but the ballot shall provide a space

for write-in votes.

D. The ballot shall provide a space for the voter to certify

the volume of the voter's production of the commodity during the

preceding year or other relevant production period, as designated on

the ballot.

E. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.

Added by Laws 1999, c. 123, § 7, eff. July 1, 1999. Amended by Laws

2014, c. 1, § 7, eff. July 1, 2014.

§2-5-60.17. Expenses - Reimbursement.

The certified organization is responsible for all expenses

incurred in connection with the referendum and election, but it may

be reimbursed for actual and necessary expenses out of funds

deposited in the treasury of the commodity producers board if the

assessment is levied and collected.

Added by Laws 1999, c. 123, § 8, eff. July 1, 1999.

§2-5-60.18. Exemption from assessment.

A. The original referendum and subsequent board elections may

provide exemptions for producers from payment of the assessment if

the exemptions are included in full written form on the election

ballot and are approved by:

1. Two-thirds or more of those voting in the election; or

2. More than one-half of those voting in the election and those

voting in favor of the proposition produce at least fifty percent

(50%) of the volume of production of the commodity during the

relevant production period.

B. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.

Added by Laws 1999, c. 123, § 9, eff. July 1, 1999. Amended by Laws

2014, c. 1, § 8, eff. July 1, 2014.

§2-5-60.19. Contest of election – Voting of ballots - Overstatement

of volume of production.

A. In any contest of an election, a ballot is void if the voter

overstated the volume of production of the producer by more than ten

Oklahoma Statutes - Title 2. Agriculture

percent (10%). Any other error in stating volume of production is

not grounds for invalidating the ballot.

B. If a ballot is void or if any other error is made in stating

production volume, the returns shall be corrected and the results

adjusted accordingly.

C. In the original referendum election, the Commissioner shall

be authorized and is responsible for making the determination if a

ballot is void due to overstatement of production volume. In any

subsequent referendum elections the individual commodity producer

boards are authorized and shall be responsible for making such

determination.

D. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.

Added by Laws 1999, c. 123, § 10, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 9, eff. July 1, 2014.

§2-5-60.20. Determination of election results.

A. Upon receiving the report of the returns of an election and

referendum, the Commissioner shall determine:

1. The number of votes cast for and against the referendum

proposition;

2. The total volume of production of the commodity during the

relevant production period;

3. The percentage of the total volume of production of the

commodity that was produced by those voting in favor of the

referendum proposition; and

4. The appropriate number of candidates receiving the highest

number of votes for membership on the commodity producers board.

B. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.

Added by Laws 1999, c. 123, § 11, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 10, eff. July 1, 2014.

§2-5-60.21. Certification of adoption or defeat of referendum

proposition.

A. In a referendum election, if the Commissioner finds that

either of the two conditions set forth in subsection B of this

section are met, the Commissioner shall publicly certify the

adoption of the referendum proposition and issue certificates of

election to those persons elected to the board. Otherwise the

Commissioner shall certify that the referendum proposition was

defeated.

Oklahoma Statutes - Title 2. Agriculture

B. The referendum proposition will be adopted upon a finding

that:

1. Two-thirds or more of those voting in the election voted in

favor of the referendum proposition; or

2. More than one-half of those voting in the election voted in

favor of the referendum proposition, and those voting in favor of

the proposition produced at least fifty percent (50%) of the volume

of the production of the commodity during the relevant production

period.

C. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.

Added by Laws 1999, c. 123, § 12, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 11, eff. July 1, 2014.

§2-5-60.22. Board elections.

A certified organization shall conduct elections for the purpose

of electing members to the board on a schedule listed in the bylaws

of the certified organization. The board shall give notice and hold

the election in accordance with the applicable provisions of the

Oklahoma Agricultural Commodity Act relating to the initial election

and, to the extent necessary, in accordance with the rules of the

Oklahoma Department of Agriculture, Food, and Forestry.

Added by Laws 1999, c. 123, § 13, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 12, eff. July 1, 2014.

§2-5-60.23. Establishment of board upon certification of referendum

results.

If the Commissioner of the Oklahoma Department of Agriculture,

Food, and Forestry certifies adoption of a referendum proposition

under Section 5-60.21 of this title, the new commodity producers

board is established and has the powers and duties prescribed by the

Oklahoma Agricultural Commodity Act.

Added by Laws 1999, c. 123, § 14, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 13, eff. July 1, 2014.

§2-5-60.24. Meeting and organization of board – Terms of office.

A. On receiving certificates of election from the Commissioner

of the Oklahoma Department of Agriculture, Food, and Forestry, the

certified organization's board shall meet and organize.

B. Members of the certified organization's initial board shall

draw lots so that one-third (1/3) of the members shall hold office

for two (2) years, one-third (1/3) for four (4) years, and one-third

(1/3) for six (6) years. Thereafter, members of the board shall

serve for terms of six (6) years.

Oklahoma Statutes - Title 2. Agriculture

C. Each member holds office until a successor is elected and

has qualified.

Added by Laws 1999, c. 123, § 15, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 14, eff. July 1, 2014.

§2-5-60.25. Officers of board - Bond.

A. The commodity producers board shall elect from its members a

chair, a secretary-treasurer, and other officers that it considers

necessary.

B. The secretary-treasurer shall execute a corporate surety

bond in an amount required by the board. The bond shall be

conditioned on the secretary-treasurer faithfully accounting for all

money that comes into the custody of the officer. The bond shall be

filed with the Commissioner.

C. The board shall fill any vacancy on the board by appointment

for the unexpired term.

D. A majority vote of all members present is necessary for an

action of the board to be valid.

E. Members of the board serve without compensation but are

entitled to reimbursement from their commission for reasonable and

necessary expenses incurred in the discharge of their duties.

Added by Laws 1999, c. 123, § 16, eff. July 1, 1999.

§2-5-60.26. Powers and duties of board - Rules.

A. The commodity producers board shall have the power and duty

to:

1. Employ personnel deemed necessary by the board, fix the

amount and manner of their compensation, and incur other expenses

that are necessary and proper to enable the board to effectively

carry out the purposes of the Oklahoma Agricultural Commodity Act;

2. Adopt and amend bylaws as necessary to promptly and

effectively administer the Oklahoma Agricultural Commodity Act;

3. Retain legal counsel as is required to fulfill the purposes

of the Oklahoma Agricultural Commodity Act;

4. Sue and be sued;

5. Initiate prosecution and civil remedies necessary to collect

any assessments due and owing to the commodity producers board;

6. Cooperate with local, state, national or international

organizations, whether public or private, in carrying out the

purposes of contracts as may be necessary;

7. Make such reasonable expenditures of funds as is necessary

to carry out the provisions of the Oklahoma Agricultural Commodity

Act;

8. Call and conduct such meetings and elections as may be

necessary in carrying out the provisions of the Oklahoma

Agricultural Commodity Act;

Oklahoma Statutes - Title 2. Agriculture

9. Keep minutes of its meetings and other books and records

that clearly reflect all acts and transactions of the board. The

board shall open its records to examination by any participating

producer or the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry during regular business hours;

provided, the board may determine in bylaws that certain information

provided by a commodity producer is confidential due to proprietary

or privacy reasons;

10. Set the rate of the assessment. The rate may not exceed

the maximum established by statute in the case of successor

organization or in the election authorizing the assessment or a

subsequent election establishing a maximum rate in the case of a

certified organization;

11. Deposit all monies received by the board, including but not

limited to assessments, donations, and grants, in a bank selected by

the board and invest in securities of the state or federal

government, certificates of deposit or certificates of any bank,

trust company or savings and loan association insured by a federal

agency;

12. Establish an office or headquarters as necessary;

13. Purchase, lease, sell, exchange or dispose of real or

personal property;

14. Formulate general policies and programs for the education,

discovery, promotion, and development of markets and industries for

the utilization of the commodity in cooperation with the Oklahoma

Department of Agriculture, Food, and Forestry;

15. Hire or retain legal counsel to represent the board in any

matter and producers in matters pertaining to transportation

problems and other matters which could result in potential

substantial loss to producers;

16. Borrow money for any lawful purpose;

17. Act separately or in cooperation with any person in

developing, carrying out, and participating in programs of research,

disease and insect control, predator control, education, and

promotion designed to encourage the production, marketing, and use

of the commodity on which the assessment is levied; and

18. Exercise such other powers as necessary to carry out the

purposes of the Oklahoma Agricultural Commodity Act.

B. The State Board of Agriculture may promulgate rules for the

establishment of commodity producer boards pursuant to the Oklahoma

Agricultural Commodity Act as necessary. The rules shall ensure

that such commodity producer boards are established and administered

in a uniform manner.

Added by Laws 1999, c. 123, § 17, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 15, eff. July 1, 2014.

Oklahoma Statutes - Title 2. Agriculture

§2-5-60.27. Annual budget – Audits – Annual reports – State budget

and expenditure limitations.

A. The commodity producers board shall provide the annual

budget to the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry.

B. Accounts of the board are subject to audit on a consistent

schedule as established in the organization's bylaws.

C. Within ninety (90) days following the end of each fiscal

year of the board, the board shall submit an annual report itemizing

all income and expenditures and describing all activities of the

board during the previous fiscal year to the Commissioner.

D. Funds collected by the commodity producers board pursuant to

the Oklahoma Agricultural Commodity Act or other statute authorizing

an assessment shall not be subject to state budget and expenditure

limitations. Such funds shall at no time become monies of the state

or become part of the general budget of the state. Debts or

obligations of the board shall not be construed to be debts or

obligations of this state.

Added by Laws 1999, c. 123, § 18, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 16, eff. July 1, 2014.

§2-5-60.28. Assessments, donations and grants – Purpose of

expenditures.

A. The board is authorized to receive assessments as provided

for in the Oklahoma Agricultural Commodity Act or other statute

authorizing an assessment, and donations or grants from any source.

B. Money received by the board may be expended for the purpose

of implementing the provisions of the Oklahoma Agricultural

Commodity Act.

C. Funds assessed and collected under this act shall not be

expended for use directly or indirectly to promote or oppose the

election of any candidate for public office.

Added by Laws 1999, c. 123, § 19, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 17, eff. July 1, 2014.

§2-5-60.29. Collection of assessment.

A. The processor at the first point of sale determined by the

board shall collect the assessment. Except as provided by

subsection B of this section, the processor at that point shall

collect the assessment by deducting the appropriate amount from the

purchase price of the commodity or from any funds advanced for that

purpose.

B. If the producer and processor are the same legal entity, or

if the producer retains ownership after processing, such entity

shall remit the assessment at the time of first sale of the

commodity.

Oklahoma Statutes - Title 2. Agriculture

C. The board, by registered or certified mail, shall notify

each processor of the duty to collect the assessment, the manner in

which the assessment is to be collected, and the date on or after

which the processor is to begin collecting the assessment.

D. The amount of the assessment collected shall be clearly

shown on the sales invoice or other document evidencing the

transaction. The processor shall furnish a copy of the document to

the producer.

E. Unless otherwise provided by the original referendum, no

later than the tenth day of each month the processor shall remit the

amount collected during the previous month to the board.

F. No commodity shall be subject to the applicable fee more

than once per growing season.

G. A successor organization shall follow the assessment

requirements and procedures established in the statutory provisions

for the particular commodity represented by the successor

organization, if applicable.

Added by Laws 1999, c. 123, § 20, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 18, eff. July 1, 2014.

§2-5-60.30. Refund.

A. A producer who has paid an assessment may obtain a refund of

the amount paid by filing an application for refund with the

certified organization within sixty (60) days after the date of

payment. The application shall be in writing, on a form prescribed

by the board for that purpose, and accompanied by proof of payment

of the assessment.

B. The certified organization shall pay the refund to the

producer before the eleventh day of the month following the month in

which the application for refund and proof of payment are received.

C. A successor organization shall follow the refund

requirements established in the statutory provisions for the

particular commodity represented by the successor organization, if

applicable.

Added by Laws 1999, c. 123, § 21, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 19, eff. July 1, 2014.

§2-5-60.31. Increase of maximum rate of assessment – Abolition of

assessment - Referendum.

A. At any election of the commodity producers board, the

certified organization may submit to the voters a proposition to

increase the maximum rate of assessment. The referendum proposition

will be adopted upon a finding that:

1. Two-thirds or more of those voting in the election voted in

favor of the referendum proposition; or

2. More than one-half of those voting in the election voted in

favor of the referendum proposition, and those voting in favor of

Oklahoma Statutes - Title 2. Agriculture

the proposition produced at least fifty percent (50%) of the volume

of the production of the commodity during the relevant production

period.

B. 1. If twenty percent (20%) or more of the producers

participating in the program present to the certified organization a

petition calling for a referendum of the qualified voters on the

proposition of discontinuing the assessment, the certified

organization shall conduct a referendum for that purpose. An

election on a proposition of discontinuing the assessment shall be

held no more than once per year.

2. The certified organization shall give notice of the

referendum, the referendum shall be conducted, and the results shall

be declared in the manner provided by law for the original

referendum and election, with any necessary exceptions provided in

bylaws of the certified organization.

3. The certified organization shall conduct the referendum

within ninety (90) days of the date of filing of the petition.

4. The proposition shall be approved if:

a.

two-thirds or more of those voting in the election

voted in favor of the referendum proposition, or

b.

more than one-half of those voting in the election

voted in favor of the referendum proposition, and

those voting in favor of the proposition produced at

least fifty percent (50%) of the volume of the

production of the commodity during the relevant

production period.

C. If the proposition is approved, the assessment is abolished.

D. A successor organization shall follow the statutory

assessment provisions and the assessment continuation referendum

requirements established in the statutory provisions for the

particular commodity represented by the successor organization.

Added by Laws 1999, c. 123, § 22, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 20, eff. July 1, 2014.

§2-5-60.32. Failure to remit assessment – Proceedings to recover.

The commodity producers board may investigate conditions that

relate to the prompt remittance of the assessment by any producer or

processor. If the board determines that a person has failed to

remit to the board the required assessment, the board may

independently institute proceedings for recovery of the amount due

to the board or for injunctive or other appropriate relief.

Added by Laws 1999, c. 123, § 23, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 21, eff. July 1, 2014.

§2-5-60.33. Violations – Injunction – Costs and attorney fees.

A violation of any provision of the Oklahoma Agricultural

Commodity Act is unlawful and may be enjoined by a district court of

Oklahoma Statutes - Title 2. Agriculture

competent jurisdiction. In any action brought by a board which

results in an injunction against a person and the court determines

that such person has violated any provision of the Oklahoma

Agricultural Commodity Act, the court shall award costs and attorney

fees to the board.

Added by Laws 1999, c. 123, § 24, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 22, eff. July 1, 2014.

§2-5-60.34. Exemption from requirements of act.

All commissions and assessments established before July 1, 1999,

are exempt from the requirements and provisions of the Oklahoma

Agricultural Commodity Act. However, any statutory commodity board

that is replaced by a successor organization approved by the

Commissioner of the Oklahoma Department of Agriculture, Food, and

Forestry shall be subject to the provisions of this act.

Added by Laws 1999, c. 123, § 25, eff. July 1, 1999. Amended by

Laws 2014, c. 1, § 23, eff. July 1, 2014.

§2-5-60.35. Membership of Oklahoma Public Employees Retirement

System – Employer contributions – Accumulated annual leave and sick

leave.

A. If a statutory commodity producers board becomes a successor

organization, all persons employed by a statutory commodity

producers board prior to the date of approval by the Commissioner

shall remain members of the Oklahoma Public Employees Retirement

System until retirement or termination, at the election of the

employee.

B. For all employees who remain members of the Oklahoma Public

Employees Retirement System pursuant to subsection A of this

section, the successor organization shall pay the required employer

contributions applicable to the participating employers in the

Oklahoma Public Employees Retirement System pursuant to Section 920

of Title 74 of the Oklahoma Statutes and the employee shall continue

to pay employee contributions as required by Section 919.1 of Title

74 of the Oklahoma Statutes.

C. All employees of a statutory commodity producers board who

remain members of the Oklahoma Public Employees Retirement System

pursuant to subsection A of this section shall continue to be

eligible employees for purposes of Sections 901 through 932 of Title

74 of the Oklahoma Statutes. The successor organization shall be

considered a participating employer, as defined by paragraph (25) of

Section 902 of Title 74 of the Oklahoma Statutes only for such

employees.

D. No person initially employed by the successor organization

after the date of approval by the Commissioner shall be allowed to

participate in the Oklahoma Public Employees Retirement System

during the term of their employment with the successor organization,

Oklahoma Statutes - Title 2. Agriculture

regardless of whether that employee was previously employed by a

participating employer in the Oklahoma Public Employees Retirement

System.

E. 1. All annual leave and sick leave accumulated prior to the

date of approval by the Commissioner, by an employee who remains a

member of the Oklahoma Public Employees Retirement System pursuant

to subsection A of this section will be recognized by the successor

organization, subject to all accrual limitations in the Oklahoma

Statutes.

2. Beginning on the date of approval by the Commissioner,

employees of the successor organization shall not accrue annual

leave and sick leave pursuant to Section 840-2.20 of Title 74 of the

Oklahoma Statutes, but may accrue annual leave and sick leave

according to a policy established by the successor organization at a

rate not to exceed that of state employees under Title 74 of the

Oklahoma Statutes.

3. The total participating service credit of a member who

retires or terminates employment and elects a vested benefit shall

include unused sick leave not to exceed the limitation imposed by

paragraph 7 of subsection B of Section 913 of Title 74 of the

Oklahoma Statutes. If unused sick leave entitles a member to an

additional year of service credit, the successor organization shall

reimburse the System for the cost of funding the additional reserve.

The successor organization shall provide the System with adequate

and timely information necessary to determine additional benefits

and its cost under this paragraph.

Added by Laws 2014, c. 1, § 24, eff. July 1, 2014.

§2-5-60.36. Transfer of funds, equipment, and property to successor

organization.

All funds, equipment, and all other property shall transfer from

the statutory commodity board to the successor organization

immediately upon approval of the successor organization by the

Commissioner. All funds, equipment, and other property so

transferred shall no longer be considered state funds or state

property and may be transferred or disposed by the successor

organization without regard to state surplus property laws.

Added by Laws 2014, c. 1, § 25, eff. July 1, 2014.

§2-5-61a. Renumbered as § 14-31 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61b. Renumbered as § 14-32 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61c. Renumbered as § 14-33 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-5-61d. Renumbered as § 14-34 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61e. Renumbered as § 14-35 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61f. Renumbered as § 14-36 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61g. Renumbered as § 14-37 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61h. Renumbered as § 14-38 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61i. Renumbered as § 14-39 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61j. Renumbered as § 14-40 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61k. Renumbered as § 14-41 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61l. Renumbered as § 14-42 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61m. Renumbered as § 14-43 of this title by Laws 2000, c. 243,

§ 126, emerg. eff. May 24, 2000.

§2-5-61n.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-5-62.1. Renumbered as § 14-61 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-62.2. Renumbered as § 14-62 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-62.3. Renumbered as § 14-63 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-62.4. Renumbered as § 14-64 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-5-62.5. Renumbered as § 14-65 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-62.6. Renumbered as § 14-66 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-62.7. Renumbered as § 14-67 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-62.8. Renumbered as § 14-68 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-62.9. Renumbered as § 14-69 of this title by Laws 2000, c.

243, § 126, emerg. eff. May 24, 2000.

§2-5-62.10.

24, 2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May

§2-5-63.1. Short title - Commodity Research Enhancement Act.

This act shall be known and may be cited as the "Commodity

Research Enhancement Act".

Added by Laws 2014, c. 371, § 1, eff. Nov. 1, 2014.

§2-5-63.2. Definitions.

As used in the Commodity Research Enhancement Act:

1. "Agricultural commodity" means an agricultural commodity,

horticultural commodity, silvicultural commodity, or agricultural

product, horticultural product, viticulture, or silvicultural

product, or bees and honey, planting seed, rice, livestock or

livestock product, or poultry or poultry product produced in this

state, either in its natural state or as processed by the producer;

2. "Board" means federally approved commodity board;

3. "Commissioner" means the Commissioner of the Oklahoma

Department of Agriculture, Food, and Forestry;

4. "District" means a geographical area within the jurisdiction

of a board;

5. "Federally approved commodity board" means a board organized

and sanctioned by the United States Department of Agriculture to

receive a federal assessment for the specific commodity;

6. "Nonprofit commodity organization" means any organization

representing commodity producers with the ability to seek a state

assessment and designate a federally approved commodity board as the

recipient;

7. "Person" means an individual, firm, corporation,

association, or any other business entity;

8. "Processor" means a person who:

Oklahoma Statutes - Title 2. Agriculture

a.

is a purchaser, warehouseman, processor, or other

commercial handler of an agricultural commodity, or

b.

is engaged in the operation of packing, grading,

selling, offering for sale or marketing any

agricultural commodity in commercial quantities as

defined in a marketing program, who as owner, agent,

or otherwise, ships or causes agricultural commodities

to be shipped;

9. "Producer" means a person engaged in the business of

producing or causing to be produced for commercial purposes an

agricultural commodity. The term "producer" includes the owner of a

farm on which the commodity is produced and the owner's tenant or

sharecropper; and

10. "Volume of production" shall be defined by the certified

organization and can refer to units of product sold such as pounds,

bushels, gallons, flats, containers, packages, or other commonly

recognized units of measure, square footage or acreage of production

space or other appropriate measurement units, or number of

production units, such as trees, vines, head count of livestock or

poultry, or other commonly recognized measurement units, or gross

sales.

Added by Laws 2014, c. 371, § 2, eff. Nov. 1, 2014.

§2-5-63.3. Petition for state assessment referendum.

A. 1. Any nonprofit commodity organization may petition the

Commissioner of the Oklahoma Department of Agriculture, Food, and

Forestry to request approval to conduct a state assessment

referendum pursuant to the Commodity Research Enhancement Act.

2. The petition shall state:

a.

the name of the nonprofit organization that will

conduct the referendum,

b.

the reasons for and the purposes of the state

assessment,

c.

the federally approved commodity board that will be

designated by the nonprofit commodity organization as

the recipient of the state assessment,

d.

the maximum state assessment to be levied pursuant to

an election,

e.

the names and number of positions held by each

nonprofit commodity organization on the federally

approved commodity board, and

f.

such other information required by the Commissioner.

3. The petition shall be signed by at least ten percent (10%)

of the commodity producers in the state.

B. 1. Within fifteen (15) days following the day on which a

petition for certification is received, the Commissioner shall

schedule a public hearing to consider the petition. The public

Oklahoma Statutes - Title 2. Agriculture

hearing shall be scheduled no later than forty (40) days after

receipt of the completed petition by the Department.

2. Upon the scheduling of the public hearing, the nonprofit

commodity organization shall provide for notification of interested

commodity producers in the manner, method and locations required by

the Oklahoma Department of Agriculture, Food, and Forestry.

3. If the Commissioner determines that, on the basis of

testimony presented at the public hearing, the petitioning nonprofit

commodity organization is representative of the producers of the

agricultural commodity and that the petition conforms to the

purposes and provisions of the Commodity Research Enhancement Act,

the Commissioner shall designate the nonprofit commodity

organization as representative of the producers of the commodity and

authorized to conduct the state assessment referendum.

4. The petitioning nonprofit commodity organization shall be

responsible for all costs associated with the Commissioner's

consideration of the petition.

Added by Laws 2014, c. 371, § 3, eff. Nov. 1, 2014.

§2-5-63.4. State assessment referendum.

A. A designated nonprofit commodity organization may conduct a

referendum of the producers of an agricultural commodity on the

proposition of whether or not the producers shall levy a state

assessment on themselves to finance programs of research, disease

and insect control, predator control, education or promotion

designed to encourage the production, marketing and use of the

commodity. The designated nonprofit commodity organization shall

give public notice of:

1. The date, hours and polling places for voting in the

referendum;

2. The estimated amount and basis of the state assessment

proposed to be collected;

3. Whether a producer exemption is to be allowed in accordance

with Section 8 of this act; and

4. A description of the manner in which the state assessment is

to be collected and the proceeds administered and used.

B. The notice under subsection A of this section shall be

published in one or more newspapers published and distributed within

the boundaries described in the petition. The notice shall be

published for not less than once a week for three (3) consecutive

weeks, beginning at least sixty (60) days before the date of the

election. In addition, at least sixty (60) days before the date of

the election, the designated nonprofit commodity organization shall

give direct written notice to each county extension educator in any

county within the boundaries described in the petition.

Added by Laws 2014, c. 371, § 4, eff. Nov. 1, 2014.

Oklahoma Statutes - Title 2. Agriculture

§2-5-63.5. Statewide basis - Eligible voters.

A. Subject to the approval of the Commissioner of the Oklahoma

Department of Agriculture, Food, and Forestry, the designated

nonprofit commodity organization shall conduct the referendum on a

statewide basis.

B. A producer of the agricultural commodity is eligible to vote

in the election and referendum if the producer would be required

under the referendum to pay the state assessment.

Added by Laws 2014, c. 371, § 5, eff. Nov. 1, 2014.

§2-5-63.6. Ballots.

A. The designated nonprofit commodity organization shall

prepare and distribute all necessary ballots in advance of the

referendum and shall cause ballots to be available at all polling

places.

B. The ballot shall specify a maximum rate for the authorized

state assessment.

C. The ballot shall provide a space for the voter to certify the

volume of the voter's production of the commodity during the

preceding year or other relevant production period, as designated on

the ballot.

Added by Laws 2014, c. 371, § 6, eff. Nov. 1, 2014.

§2-5-63.7. Expenses.

The designated nonprofit commodity organization is responsible

for all expenses incurred in connection with the referendum.

Added by Laws 2014, c. 371, § 7, eff. Nov. 1, 2014.

§2-5-63.8. Exemptions for producers.

The original referendum may provide exemptions for producers

from payment of the state assessment if the exemptions are included

in full written form on the election ballot and the referendum is

adopted as outlined in Section 11 of this act.

Added by Laws 2014, c. 371, § 8, eff. Nov. 1, 2014.

§2-5-63.9. Void ballots.

A. In any contest of an election, a ballot is void if the voter

overstated the volume of production of the producer by more than ten

percent (10%). Any other error in stating volume of production is

not grounds for invalidating the ballot.

B. If a ballot is void or if any other error is made in stating

production volume, the returns shall be corrected and the results

adjusted accordingly.

C. In any referendum election, the Commissioner of the Oklahoma

Department of Agriculture, Food, and Forestry shall be authorized

and is responsible for making the determination if a ballot is void

due to overstatement of production volume.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 2014, c. 371, § 9, eff. Nov. 1, 2014.

§2-5-63.10. Ballot determinations.

Upon receiving the report of the returns of the referendum, the

Commissioner of the Oklahoma Department of Agriculture, Food, and

Forestry shall determine:

1. The number of votes cast for and against the referendum

proposition;

2. The total volume of production of the commodity during the

relevant production period; and

3. The percentage of the total volume of production of the

commodity that was produced by those voting in favor of the

referendum proposition.

Added by Laws 2014, c. 371, § 10, eff. Nov. 1, 2014.

§2-5-63.11. Referendum certification.

A. In a referendum election, if the Commissioner of the

Oklahoma Department of Agriculture, Food, and Forestry finds that

either of the two conditions set forth in subsection B of this

section are met, the Commissioner shall publicly certify the

adoption of the referendum proposition. Otherwise, the Commissioner

shall certify that the referendum proposition was defeated.

B. 1. The adoption of the referendum proposition will be

subject to the referendum process outlined by the federally approved

commodity board.

2. In the event that the federally approved commodity board

does not have an outlined referendum process, the referendum

proposition will be adopted upon finding that:

a.

two-thirds (2/3) or more of those voting in the

election voted in favor of the referendum proposition,

or

b.

more than one-half (1/2) of those voting in the

election voted in favor of the referendum proposition

and those voting in favor of the proposition produced

at least fifty percent (50%) of the volume of the

production of the commodity during the relevant

production period.

C. Upon certification of the referendum proposition, the

designated federally approved commodity board shall be the recipient

of any state assessment.

Added by Laws 2014, c. 371, § 11, eff. Nov. 1, 2014.

§2-5-63.12. Federally approved commodity board - Powers and duties.

The federally approved commodity board shall have the power and

duty to:

1. Employ personnel deemed necessary by the board, fix the

amount and manner of their compensation, and incur other expenses

Oklahoma Statutes - Title 2. Agriculture

that are necessary and proper to enable the board to effectively

carry out the purposes of the Commodity Research Enhancement Act;

such employees shall not be considered state employees for any

purpose;

2. Retain legal counsel as is required to fulfill the purposes

of the Commodity Research Enhancement Act;

3. Sue and be sued;

4. Cooperate with local, state or national organizations,

whether public or private, in carrying out the purposes of contracts

as may be necessary;

5. Make such reasonable expenditures of funds as are necessary

to carry out the provisions of the Commodity Research Enhancement

Act;

6. The board shall open its state assessment records to

examination by any participating producer during regular business

hours; provided, the board may determine that certain information

provided by a commodity producer is proprietary and confidential;

7. Set the rate of the state assessment. The rate may not

exceed the maximum established in the election authorizing the state

assessment or a subsequent election establishing a maximum rate;

8. Act separately or in cooperation with any person in

developing, carrying out, and participating in programs of research,

disease and insect control, predator control, education and

promotion designed to encourage the production, marketing and use of

the commodity on which the state assessment is levied; and

9. Exercise such other powers as necessary to carry out the

purposes of the Commodity Research Enhancement Act.

Added by Laws 2014, c. 371, § 12, eff. Nov. 1, 2014.

§2-5-63.13. Assessment funds - Yearly report.

A. The federally approved commodity board shall not commingle

funds derived from the state assessment with any other funds.

B. Within ninety (90) days following the end of each fiscal

year of the board, the board shall submit to the Commissioner of the

Oklahoma Department of Agriculture, Food, and Forestry a report

itemizing all income and expenditures and describing all activities

of the board during the previous fiscal year.

C. State assessment funds collected by the federally approved

commodity board pursuant to the Commodity Research Enhancement Act

shall not be subject to state budget and expenditure limitations.

Such funds shall at no time become monies of the state or become

part of the general budget of the state. Debts or obligations of

the board shall not be construed to be debts or obligations of this

state.

Added by Laws 2014, c. 371, § 13, eff. Nov. 1, 2014.

Oklahoma Statutes - Title 2. Agriculture

§2-5-63.14. Receipt of funds - Expenses - Restrictions on use of

funds.

A. The board is authorized to receive state assessments as

provided for in the Commodity Research Enhancement Act, donations

from any source and grants from governmental agencies.

B. Money received by the board may be expended for the purpose

of implementing the provisions of the Commodity Research Enhancement

Act.

C. Funds assessed and collected under this act shall not be

expended for use directly or indirectly to promote or oppose the

election of any candidate for public office or to influence

legislation.

Added by Laws 2014, c. 371, § 14, eff. Nov. 1, 2014.

§2-5-63.15. State assessment collection.

The collection of the state assessment shall be collected in the

same manner as the federal assessment for the federally approved

commodity.

Added by Laws 2014, c. 371, § 15, eff. Nov. 1, 2014.

§2-5-63.16. Application for refund.

A. A producer who has paid a state assessment may obtain a

refund of the amount paid by filing an application for refund with

the federally approved commodity board within sixty (60) days after

the date of payment. The application must be in writing, on a form

prescribed by the board for that purpose, and accompanied by proof

of payment of the state assessment.

B. The board shall pay the refund to the producer before the

eleventh day of the month following the month in which the

application for refund and proof of payment are received.

Added by Laws 2014, c. 371, § 16, eff. Nov. 1, 2014.

§2-5-63.17. Proposition to increase the rate of assessment Petition to discontinue assessment - Proposition to continue

assessment.

A. The nonprofit commodity organization who originally

submitted the petition for a referendum may submit to the voters a

proposition to increase the maximum rate of the state assessment.

The proposition is approved, and the new maximum rate is in effect

if the referendum proposition is adopted as outlined in Section 11

of this act.

B. 1. Consistent with the referendum process as outlined by

the federally approved commodity board, producers may petition for a

referendum to discontinue the state assessment. In the event that

the federally approved commodity board does not have an established

process, if ten percent (10%) or more of the producers participating

in the program present to the federally approved commodity board a

Oklahoma Statutes - Title 2. Agriculture

petition calling for a referendum of the qualified voters on the

proposition of discontinuing the state assessment, the nonprofit

commodity organization who originally submitted the petition for the

referendum shall conduct a referendum for that purpose. An election

on a proposition of discontinuing the state assessment shall be held

no more than once per year.

2. The nonprofit commodity organization shall give notice of

the referendum, the referendum shall be conducted, and the results

shall be declared in the manner provided by law for the original

referendum.

3. The nonprofit commodity organization shall conduct the

referendum within ninety (90) days of the date of filing of the

petition.

4. The adoption of the referendum proposition will be subject

to the referendum process outlined by the federally approved

commodity board. In the event that the federally approved commodity

board does not have an outlined referendum process, the referendum

proposition shall be approved if:

a.

two-thirds (2/3) or more of those voting in the

election voted in favor of the referendum proposition,

or

b.

more than one-half (1/2) of those voting in the

election voted in favor of the referendum proposition

and those voting in favor of the proposition produced

at least fifty percent (50%) of the volume of the

production of the commodity during the relevant

production period.

5. If the proposition is approved, the state assessment is

abolished.

C. If the federally approved commodity board's federal

assessment is increased, the state-approved assessment shall

automatically discontinue upon the date the federally approved

commodity board's new federal assessment becomes effective, unless

within one (1) month of the announcement of the increase, the

nonprofit commodity organization that originally submitted the

petition for a referendum may initiate a referendum to be conducted

within six (6) months of the announcement to determine if the stateapproved assessment shall be continued. The proposition referendum

to continue the state assessment will be adopted as outlined in

Section 11 of this act.

Added by Laws 2014, c. 371, § 17, eff. Nov. 1, 2014.

§2-5-63.18. Failure to remit state assessment.

The federally approved commodity board may investigate

conditions that relate to the prompt remittance of the state

assessment by any producer or processor. If the board determines

that a person has failed to remit to the board the state assessment

Oklahoma Statutes - Title 2. Agriculture

as required by the Commodity Research Enhancement Act, the board may

independently institute proceedings for recovery of the amount due

to the board or for injunctive or other appropriate relief.

Added by Laws 2014, c. 371, § 18, eff. Nov. 1, 2014.

§2-5-71.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-5-72.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-5-73.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-5-74.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-5-75.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-5-76.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-5-77.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-5-78.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-5-79.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-5-80.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-5-81. Short title - Purpose of program.

A. Sections 5-81 through 5-89 of this title shall be known and

cited as the "Oklahoma Agricultural Linked Deposit Program".

B. It is the purpose of the Oklahoma Agricultural Linked

Deposit Program to provide funding for eligible agricultural

businesses. It is the specific intent of the Legislature that any

funding provided to eligible agricultural businesses for alternative

agricultural products shall diversify Oklahoma's agricultural

industry so as to broaden Oklahoma's economic base.

Added by Laws 1987, c. 182, § 1, eff. Feb. 1, 1988. Amended by Laws

1997, c. 367, § 1, eff. July 1, 1997; Laws 2001, c. 146, § 100,

Oklahoma Statutes - Title 2. Agriculture

emerg. eff. April 30, 2001. Renumbered from § 1761 of this title by

Laws 2001, c. 146, § 258, emerg. eff. April 30, 2001.

§2-5-82. Definitions.

As used in the Oklahoma Agricultural Linked Deposit Program:

1. "Agricultural domestic corporation" means any domestic

corporation formed or licensed pursuant to the Oklahoma General

Corporation Act or a limited domestic liability company formed or

licensed pursuant to the Oklahoma Limited Liability Company Act and

meeting the requirements of paragraph 5 of subsection A of Section

955 of Title 18 of the Oklahoma Statutes and meeting the

requirements of subsection A of Section 951 of Title 18 of the

Oklahoma Statutes;

2. "Agricultural linked deposit" means a certificate of deposit

placed by the State Treasurer with an eligible lending institution

or an investment in bonds, notes, debentures, or other obligations

or securities issued by the federal farm credit bank with regard to

an eligible lending institution for the purpose of carrying out the

intent of this program;

3. "Agricultural Linked Deposit Loan Package" means the forms

provided by the State Treasurer for the purpose of applying for an

agricultural linked deposit;

4. "Alternative agricultural products" means those products

included in a report submitted by the Cooperative Extension Service

of Oklahoma State University to the Oklahoma Department of

Agriculture, Food, and Forestry, and any other products which the

State Board of Agriculture determines will diversify Oklahoma's

agricultural industry so as to broaden Oklahoma's economic base, but

alternative agricultural products shall not mean medical marijuana

growing operations;

5. "An at-risk farm or ranch business" shall be one that seeks

a production loan and meets the following criteria:

a.

at least sixty percent (60%) of gross income derived

from farming and/or ranching, and

b.

a debt-to-asset ratio over forty percent (40%);

6. "Eligible agricultural business" means:

a.

any person engaged in producing, processing, or

marketing alternative agricultural products,

b.

any person who is establishing a veterinary practice

in which at least thirty percent (30%) of the practice

consists of services for large animals and the total

loan amount shall not exceed Two Hundred Fifty

Thousand Dollars ($250,000.00),

c.

an at-risk farm or ranch business operating within the

State of Oklahoma, or

d.

a healthy corner store as certified by the Oklahoma

Department of Agriculture, Food, and Forestry;

Oklahoma Statutes - Title 2. Agriculture

7. "Eligible lending institution" means a financial institution

that agrees to participate in the Oklahoma Agricultural Linked

Deposit Program, and:

a.

is eligible to be a depository of state funds, or

b.

is an institution of the farm credit system organized

under the federal "Farm Credit Act of 1971", 12 U.S.C.

2001, as amended; and

8. "Healthy corner store" means a grocery store certified by

the Oklahoma Department of Agriculture, Food, and Forestry pursuant

to rules adopted by the State Board of Agriculture that markets

locally grown fresh fruits and vegetables and nutritious foods and

for which the sale of beer and tobacco products constitutes less

than ten percent (10%) of its gross sales excluding gasoline and

other nongrocery products, such other requirements as may be

established in rules adopted by the State Board of Agriculture, and

that is located in a geographical area that is underserved by

grocery outlets meeting those requirements.

Added by Laws 1987, c. 182, § 2, eff. Feb. 1, 1988. Amended by Laws

1988, c. 3, § 1, operative Feb. 1, 1988; Laws 1989, c. 248, § 1,

eff. Nov. 1, 1989; Laws 1997, c. 367, § 2, eff. July 1, 1997; Laws

2001, c. 146, § 101, emerg. eff. April 30, 2001. Renumbered from §

1762 of this title by Laws 2001, c. 146, § 258, emerg. eff. April

30, 2001. Amended by Laws 2001, c. 414, § 1, eff. July 1, 2001;

Laws 2009, c. 262, § 1, eff. Nov. 1, 2009; Laws 2010, c. 119, § 1,

eff. July 1, 2010; Laws 2010, c. 311, § 1, eff. Nov. 1, 2010; Laws

2025, c. 174, § 1, eff. July 1, 2025.

NOTE: Laws 2001, c. 33, § 1 repealed by Laws 2001, c. 414, § 14,

eff. July 1, 2001.

§2-5-83. Report on diversification of Oklahoma's agriculture

industry - Alternative agricultural products.

A. The Director of the Cooperative Extension Service shall

submit to the State Department of Agriculture a report on which

products will diversify Oklahoma's agriculture industry on or before

January 1 of each year.

B. Alternative agricultural products under the Oklahoma

Agricultural Linked Deposit Program shall be determined by the State

Board of Agriculture, and shall include, but not be limited to, the

products listed in a report submitted by the Director of the

Cooperative Extension Service to the State Board of Agriculture on

January 1 of each year. The Board shall hold necessary hearings to

gain input from the agricultural community to determine if a product

which is not included in the report from the Cooperative Extension

Service will qualify as an alternative agricultural product.

Added by Laws 1987, c. 182, § 3, eff. Feb. 1, 1988. Amended by Laws

2001, c. 146, § 102, emerg. eff. April 30, 2001. Renumbered from §

Oklahoma Statutes - Title 2. Agriculture

1763 of this title by Laws 2001, c. 146, § 258, emerg. eff. April

30, 2001.

§2-5-84. Dissemination of information about program.

The State Treasurer shall disseminate information about the

Oklahoma Agricultural Linked Deposit Program to the agriculture

industry in this state.

Added by Laws 1987, c. 182, § 4, eff. Feb. 1, 1988. Renumbered from

§ 1764 of this title by Laws 2001, c. 146, § 258, emerg. eff. April

30, 2001.

§2-5-85. Administration of program - Annual report.

A. The State Treasurer is authorized to issue guidelines and

administer the Oklahoma Agricultural Linked Deposit Program.

B. The State Treasurer shall submit an annual report outlining

the status of the Oklahoma Agricultural Linked Deposit Program to

the Governor, the Lieutenant Governor, the President Pro Tempore of

the Senate, and the Speaker of the House of Representatives.

Added by Laws 1987, c. 182, § 5, eff. Feb. 1, 1988. Amended by Laws

2001, c. 146, § 103, emerg. eff. April 30, 2001. Renumbered from §

1765 of this title by Laws 2001, c. 146, § 259, emerg. eff. April

30, 2001; Laws 2025, c. 174, § 2, eff. July 1, 2025.

§2-5-86. Agricultural linked deposit loan packages - Completion by

borrower - Acceptance and review by lending institutions Certification of proposed use - Priority for economic needs of area

- Submission of package to State Treasurer - Approval or rejection.

A. The State Treasurer is authorized to disseminate information

and provide agricultural linked deposit loan packages to the lending

institutions eligible for participation in the Oklahoma Agricultural

Linked Deposit Program.

B. The agricultural linked deposit loan package shall be

completed by the borrower before being forwarded to the lending

institution for consideration. Any technical assistance in

completing the agricultural loan package shall be provided by the

Oklahoma Department of Agriculture, Food, and Forestry.

C. 1. An eligible lending institution that desires to receive

an agricultural linked deposit shall accept and review applications

for loans from eligible agricultural businesses. The lending

institution shall apply all usual lending standards to determine the

credit worthiness of each eligible agricultural business. No single

linked deposit for an alternative agricultural product shall exceed

One Million Dollars ($1,000,000.00). No single linked deposit for

an at-risk farm or ranch operation shall exceed One Million Dollars

($1,000,000.00). No single linked deposit for a healthy corner

store shall exceed Three Hundred Fifty Thousand Dollars

($350,000.00).

Oklahoma Statutes - Title 2. Agriculture

2. Only one linked deposit loan shall be made and be

outstanding at any one time to any eligible agriculture business.

However, the linked deposit loan may be refinanced.

3. No loan shall be made to any officer or director of the

lending institution making the loan.

D. An eligible agricultural business shall certify on its loan

application that the reduced rate loan will be used exclusively for

the purposes outlined in paragraph 6 of Section 5-82 of this title.

E. In considering which eligible agricultural businesses to

include in the agricultural linked deposit loan package for reduced

rate loans, the eligible lending institution shall give priority to

the economic and health needs of the area in which the business is

located and other factors it considers appropriate to determine the

relative financial need of the business.

F. 1. The eligible lending institution shall forward to the

State Treasurer an agricultural linked deposit loan package in the

form and manner prescribed and approved by the State Treasurer. The

package shall include information regarding the amount of the loan

requested by each eligible agricultural business and any other

information regarding each business the State Treasurer and the

State Board of Agriculture requires. The institution shall certify

that each applicant is an eligible agricultural business, and shall,

for each business, certify the present borrowing rate applicable to

each specific eligible agricultural business.

2. The institution and applicant shall certify that each

applicant is an eligible agricultural business and that the values

used to calculate the ratios of debt to assets have not been changed

or manipulated in order to qualify the applicant for the program.

3. Whoever knowingly makes a false statement concerning a

linked deposit loan application shall be prohibited from

participating in the linked deposit loan program.

G. Upon receipt of a completed agricultural linked deposit loan

package, the State Treasurer may review or audit the information

contained in the completed agricultural linked deposit loan package,

including, but not limited to, a review or audit of the values used

to calculate the ratios of debts to assets as provided by the

applicant and the institution. The State Treasurer shall forward

the completed agricultural linked deposit loan package to the Board.

The Board or its designee shall review the agricultural linked

deposit loan package to determine if the package qualifies under

this program. The Board or its designee shall return the package to

the State Treasurer with a written recommendation of approval or

rejection within ten (10) business days. If the Board or its

designee recommends rejection, the written recommendation shall

include reasons for the rejection. The Board or its designee shall

forward a copy of the rejection notice to the lending institution

Oklahoma Statutes - Title 2. Agriculture

and the borrower. The State Treasurer shall keep a chronological

list of all application recommendations received.

Added by Laws 1987, c. 182, § 6, eff. Feb. 1, 1988. Amended by Laws

1989, c. 248, § 2, eff. Nov. 1, 1989; Laws 1994, c. 277, § 15; Laws

1995, c. 88, § 1, eff. July 1, 1995; Laws 2001, c. 146, § 104,

emerg. eff. April 30, 2001. Renumbered from § 1766 of this title by

Laws 2001, c. 146, § 259, emerg. eff. April 30, 2001. Amended by

Laws 2010, c. 119, § 2, eff. July 1, 2010; Laws 2025, c. 174, § 3,

eff. July 1, 2025.

§2-5-87. Acceptance or rejection of agricultural linked deposit

loan package - Notice - Agricultural linked deposit agreements.

A. The State Treasurer may accept or reject an agricultural

linked deposit loan package or any portion of the package, based on

the State Treasurer's evaluation of the eligible agricultural

businesses included in the package, the amount of individual loans

in the package, and the amount of the package. If the State

Treasurer recommends rejection, the written recommendation shall

include reasons for the rejection in a report to the State Board of

Agriculture. The Board shall forward a copy of the rejection notice

to the lending institution and the borrower. The borrower may be

allowed to bring the application into compliance with the Board and

the State Treasurer and resubmit the application. If the State

Treasurer rejects the loan because sufficient funds are not

available for a linked deposit, then the applications may be

considered in the order received when funds are once again available

subject to a review by the Board and the lending institution. In

evaluating the eligible agricultural businesses, the State Treasurer

shall consider the recommendation of the Board and the economic

needs of the area where the business is located.

B. The State Treasurer may accept or reject an agricultural

linked deposit loan package or any portion of the package, based on

the agricultural business's debt-to-asset ratio. The State

Treasurer shall have the authority to establish quarterly, based on

the availability of funds, a minimum debt-to-asset ratio of not less

than forty percent (40%), nor more than fifty-five percent (55%),

required to qualify as an at-risk farm or ranch business.

C. Upon acceptance of the agricultural linked deposit loan

package or any portion of the package, the State Treasurer shall

notify the Board, the lending institution and the borrower. Upon

acceptance, the State Treasurer may place certificates of deposit

with the eligible lending institution at a rate below current market

rates, as determined and calculated by the State Treasurer, or may

invest in bonds, notes, debentures, or other obligations or

securities issued by the federal farm credit bank with respect to

the eligible lending institution at a rate below current market

rates, as determined and calculated by the State Treasurer. When

Oklahoma Statutes - Title 2. Agriculture

necessary, the State Treasurer may place certificates of deposit or

may invest in obligations or securities prior to acceptance of an

agricultural linked deposit loan package.

D. 1. The eligible lending institution shall enter into an

agricultural linked deposit agreement with the State Treasurer, that

shall include requirements necessary to implement the purposes of

the Oklahoma Agricultural Linked Deposit Program. The requirements

shall include an agreement by the eligible lending institution to

lend an amount equal to the agricultural linked deposit to eligible

agricultural businesses at an interest rate that reflects a

percentage rate reduction below the present borrowing rate

applicable to each specific agricultural business in the accepted

loan package that is equal to the percentage rate reduction below

market rates at which the certificates of deposit that constitute

the agricultural linked deposit were placed or at which the

investments in bonds, notes, debentures, or other obligations or

securities that constitute the agricultural linked deposit were

made. The requirements shall also reflect the market conditions

prevailing in the eligible lending institution's lending area.

2. The agreement may include a specification of the period of

time in which the lending institution is to lend funds upon the

placement of a linked deposit, and shall include provisions for the

certificates of deposit to be placed or the investment in bonds,

notes, debentures, obligations, or securities to be made for any

maturity considered appropriate by the State Treasurer not to exceed

two (2) years and may be renewed for up to an additional three

renewals not to exceed two (2) years each at the option of the State

Treasurer. Two additional renewals may be approved by the State

Treasurer up to a total duration of participation of twelve (12)

years, but new eligible participants and eligible participants who

have had linked deposit loans for less than eight (8) years shall

have priority over renewals. No renewals will be allowed unless the

amount of principal has been reduced by a minimum of five percent

(5%) and all interest paid to date from the time of the prior loan

or renewal. Interest shall be paid at the times determined by the

State Treasurer.

Added by Laws 1987, c. 182, § 7, eff. Feb. 1, 1988. Amended by Laws

1993, c. 86, § 1, eff. July 1, 1993; Laws 1995, c. 88, § 2, eff.

July 1, 1995; Laws 1999, c. 4, § 1, eff. July 1, 1999; Laws 2001, c.

146, § 105, emerg. eff. April 30, 2001. Renumbered from § 1767 of

this title by Laws 2001, c. 146, § 259, emerg. eff. April 30, 2001.

§2-5-88. Funding of loan - Loan rate - Certification of compliance.

A. 1. Upon the placement of an agricultural linked deposit

with an eligible lending institution, the institution shall fund the

loan to each approved eligible agricultural business listed in the

agricultural linked deposit loan package in accordance with the

Oklahoma Statutes - Title 2. Agriculture

agricultural linked deposit agreement between the institution and

the State Treasurer.

2. The loan shall be at a rate that reflects a percentage rate

reduction below the present borrowing rate applicable to each

business that is equal to the percentage rate reduction below market

rates at which the certificate of deposits that constitute the

agricultural linked deposit were placed or at which the investments

in bonds, notes, debentures, or other obligations or securities that

constitute the agricultural linked deposit were made.

3. A certification of compliance with this section in the form

and manner as prescribed by the State Treasurer shall be required of

the eligible lending institution.

B. The State Treasurer shall take any and all steps necessary

to implement the Oklahoma Agricultural Linked Deposit Program and

monitor compliance of eligible lending institutions and eligible

agricultural businesses, including the development of guidelines as

necessary.

Added by Laws 1987, c. 182, § 8, eff. Feb. 1, 1988. Amended by Laws

2001, c. 146, § 106, emerg. eff. April 30, 2001. Renumbered from §

1768 of this title by Laws 2001, c. 146, § 259, emerg. eff. April

30, 2001.

§2-5-89. Liability of state for payment of loan.

The State of Oklahoma, the State Department of Agriculture, and

the State Treasurer shall not be liable to any eligible lending

institution in any manner for payment of the principal or interest

on the loan to an eligible agricultural business. Any delay in

payments or default on the part of an eligible agricultural business

does not in any manner affect the agricultural linked deposit

agreement between the eligible lending institution and the State

Treasurer.

Added by Laws 1987, c. 182, § 9, eff. Feb. 1, 1988. Amended by Laws

2001, c. 146, § 107, emerg. eff. April 30, 2001. Renumbered from §

1769 of this title by Laws 2001, c. 146, § 259, emerg. eff. April

30, 2001.

§2-5-91. Short title - Implementation.

A. This subarticle shall be known and may be cited as the

"Oklahoma International Trade Development Act".

B. The Oklahoma International Trade Development Act shall be

implemented by the Oklahoma International Trade Development Council.

Added by Laws 1994, c. 357, § 1, eff. July 1, 1994. Amended by Laws

2001, c. 146, § 125, emerg. eff. April 30, 2001. Renumbered from §

3001 of this title by Laws 2001, c. 146, § 262, emerg. eff. April

30, 2001.

§2-5-92.

Mission of Council.

Oklahoma Statutes - Title 2. Agriculture

A. The mission of the Oklahoma International Trade Development

Council is to:

1. Develop and recommend marketing strategies and policies; and

2. Promote the strategies and policies at the request of any

Oklahoma agency, authority, and other entity of state government

whose fundamental mission is the economic development of Oklahoma

through export of agricultural products including, but not limited

to raw materials, value added foods, grains, processed feeds,

equipment, live animals, semen, embryos and services.

B. The Oklahoma International Trade Development Council shall

continue the high level of integrity of development initiatives

traditionally employed by Oklahoma, and combine the joint efforts

and expertise available across state agencies, institutions and

centers.

Added by Laws 1994, c. 357, § 2, eff. July 1, 1994. Amended by Laws

1996, c. 72, § 1, emerg. eff. April 9, 1996; Laws 2001, c. 146, §

126, emerg. eff. April 30, 2001. Renumbered from § 3002 of this

title by Laws 2001, c. 146, § 262, emerg. eff. April 30, 2001.

§2-5-93.

Repealed by Laws 2007, c. 93, § 3, eff. Nov. 1, 2007.

§2-5-94. Powers and duties of Council.

A. The Oklahoma International Trade Development Council shall

have the power and duty to:

1. Assist and encourage economic prosperity and employment

throughout this state by promoting the expansion of international

exports of Oklahoma agricultural products and livestock;

2. Cooperate in conjunction with other organizations, public

and private, the objectives of which are the promotion and

advancement of export trade activities in the state;

3. Make recommendations regarding the establishment of a source

of funding credit guarantees and insurance to support export

development, particularly to small- and medium-sized businesses; and

4. Advise exporters and other groups regarding barter

agreements between exporters of Oklahoma agricultural, livestock, or

manufactured goods and groups in other counties and to facilitate

contributions of Oklahoma agricultural and livestock products to

areas of the world experiencing food shortages.

B. The Oklahoma International Trade Development Council shall

seek advice from the general public, professional associations,

academic groups and institutions, and individuals with the knowledge

and interest in areas of economic development and planning regarding

international export of Oklahoma agricultural products and

livestock, and agricultural market development.

C. All state agencies shall cooperate with the Oklahoma

International Trade Development Council in providing information and

other assistance as requested for the performance of Council duties.

Oklahoma Statutes - Title 2. Agriculture

D. The Oklahoma International Trade Development Council shall

utilize, seek to enhance, and support the continuing economic

analysis and information services provided by the public and private

higher education institutions of this state.

Added by Laws 1994, c. 357, § 4, eff. July 1, 1994. Amended by Laws

1996, c. 72, § 3, emerg. eff. April 9, 1996; Laws 2001, c. 146, §

128, emerg. eff. April 30, 2001. Renumbered from § 3004 of this

title by Laws 2001, c. 146, § 262, emerg. eff. April 30, 2001.

§2-5-100. Legislative finding and declaration.

The Legislature hereby finds, determines and declares that the

production of agricultural food products constitutes a large

proportion of Oklahoma’s economy and that it is beneficial to the

citizens of this state to protect the vitality of the agricultural

economy by providing a legal cause of action for producers of

perishable agricultural food products to recover damages for the

disparagement of any perishable agricultural food product.

Added by Laws 1995, c. 159, § 1, eff. July 1, 1995. Amended by Laws

2001, c. 146, § 129, emerg. eff. April 30, 2001. Renumbered from §

3010 of this title by Laws 2001, c. 146, § 263, emerg. eff. April

30, 2001.

§2-5-101. Definitions.

As used in Sections 129 through 132 of this act unless the

context otherwise requires:

1. "Disparagement" means dissemination of information to the

public in any manner which casts doubt on the safety of any

perishable agricultural food product to the consuming public; and

2. "Perishable agricultural food product" means an agricultural

product as defined in Section 17-3 of Title 2 of the Oklahoma

Statutes, intended for human consumption which is sold or

distributed in a form that will perish or decay beyond marketability

within a period of time.

Added by Laws 1995, c. 159, § 2, eff. July 1, 1995. Amended by Laws

2001, c. 146, § 130, emerg. eff. April 30, 2001. Renumbered from §

3011 of this title by Laws 2001, c. 146, § 263, emerg. eff. April

30, 2001.

§2-5-102. Cause of action for damages.

A. Any producer of perishable agricultural food products who

suffers damages as a result of another person's disparagement of any

such perishable agricultural food product, when the disparagement is

based on false information which is not based on reliable scientific

facts and scientific data and which the disseminator knows or should

have known to be false, may bring an action for damages and for any

other appropriate relief in a court of competent jurisdiction.

Oklahoma Statutes - Title 2. Agriculture

B. The provisions of this section shall not be construed to

limit or prohibit any cause of action which may be available to any

producer of perishable agricultural food products pursuant to the

Oklahoma Deceptive Trade Practices Act or any state or federal

slander or libel law.

Added by Laws 1995, c. 159, § 3, eff. July 1, 1995. Amended by Laws

2001, c. 146, § 131, emerg. eff. April 30, 2001. Renumbered from §

3012 of this title by Laws 2001, c. 146, § 263, emerg. eff. April

30, 2001.

§2-5-103. Short title.

This article shall be known and may be cited as the “Oklahoma

Farm Animal, Crop, and Research Facilities Protection Act”.

Added by Laws 2003, c.70, § 1, eff. Nov. 1, 2003.

§2-5-104. Definitions.

As used in the Oklahoma Farm Animal, Crop, and Research

Facilities Protection Act:

1. “Actor” means a person accused of any of the offenses in

this act;

2. “Animal” means any warm or cold-blooded animal or insect

which is being used in food or fiber production, agriculture,

research, testing, or education, including, but not limited to,

hogs, equines, mules, cattle, sheep, ratites, goats, dogs, rabbits,

poultry, fish, and bees. The term “animal” shall not include any

animal held primarily as a pet;

3. “Animal facility” includes any vehicle, building, structure,

pasture, paddock, pond, impoundment, or premises where an animal is

kept, handled, housed, exhibited, bred, or offered for sale and any

office, building, or structure where records or documents relating

to an animal or to animal research, testing, production, or

education are maintained;

4. “Commissioner” means the Commissioner of Agriculture;

5. “Consent” means assent in fact, whether express or implied,

by the owner or by a person legally authorized to act for the owner

which is not:

a.

induced by force, threat, false pretenses, or fraud,

b.

given by a person the actor knows, or should have

known, is not legally authorized to act for the owner,

c.

given by a person who by reason of youth, mental

disease or defect, or intoxication is known, or should

have been known, by the actor to be unable to make

reasonable decisions, or

d.

given solely to detect the commission of an offense;

6. “Crop” means any fruits, vegetables, grains, or other

products of annual or perennial plants, trees, or shrubs grown for

consumption by humans or animals or produced or grown for other

Oklahoma Statutes - Title 2. Agriculture

commercial or personal uses. Crop shall not include any plants,

trees, or shrubs used to produce or manufacture any illegal drug or

other controlled dangerous substance;

7. “Crop facility” means any field, building, greenhouse,

structure, or premises where crops are grown or offered for sale and

office, building, or structure where records, documents, or

electronic data relating to crops or crop research, testing,

production, or education are maintained;

8. “Deprive” means unlawfully to withhold from the owner,

interfere with the possession of, free, or dispose of an animal or

other property;

9. “Owner” means a person who has title to the property, lawful

possession of the property, or a greater right to possession of the

property than the actor;

10. “Person” means any individual, corporation, association,

nonprofit corporation, joint-stock company, firm, trust,

partnership, two or more persons having a joint or common interest,

or other legal entity;

11. “Possession” means actual care, custody, or management;

12. “Property” means any real or personal property and shall

include any document, record, research data, paper, or computer

storage medium; and

13. “State” means the State of Oklahoma.

Added by Laws 2003, c. 70, § 2, eff. Nov. 1, 2003.

§2-5-105. Offenses - Applicability of section to actions taken by

government agencies.

A. 1. A person commits an offense if, without the consent of

the owner, the person acquires or otherwise exercises control over

an animal facility, an animal from an animal facility, or other

property from an animal facility with the intent to deprive the

owner of such facility, animal, or property and to disrupt or damage

the enterprise conducted at the animal facility.

2. A person commits an offense if, without the consent of the

owner, the person acquires or otherwise exercises control over a

crop facility, a crop from a crop facility, or other property from a

crop facility with the intent to deprive the owner of such facility,

crop, or property and to disrupt or damage the enterprise conducted

at the crop facility.

B. 1. A person commits an offense if, without the consent of

the owner, the person damages or destroys an animal facility or

damages, frees, or destroys any animal or property in or on an

animal facility with the intent to disrupt or damage the enterprise

conducted at the animal facility and the damage or loss thereto

exceeds Five Hundred Dollars ($500.00); or

2. A person commits an offense if, without the consent of the

owner, the person damages or destroys a crop facility or damages or

Oklahoma Statutes - Title 2. Agriculture

destroys any crop or property in or on a crop facility with the

intent to disrupt or damage the enterprise conducted at the crop

facility and the damage or loss thereto exceeds Five Hundred Dollars

($500.00).

C. 1. A person commits an offense if, without the consent of

the owner, the person damages or destroys an animal facility or

damages, frees, or destroys any animal or property in or on an

animal facility and the damage or loss thereto is Five Hundred

Dollars ($500.00) or less or enters or remains on an animal facility

with the intent to disrupt or damage the enterprise conducted at the

animal facility, and the person:

a.

had notice that the entry was forbidden,

b.

knew or should have known that the animal facility was

or had closed to the public, or

c.

received notice to depart but failed to do so.

2. For the purposes of this paragraph “notice” means:

a.

oral or written communication by the owner or someone

with actual or apparent authority to act for the

owner,

b.

the presence of fencing or other type of enclosure or

barrier designed to exclude intruders or to contain

animals, or

c.

a sign or signs posted on the property or at the

entrance to the building, reasonably likely to come to

the attention of intruders, indicating that entry is

forbidden,

(1) a person commits an offense if, without the

consent of the owner, the person damages or

destroys a crop facility or damages or destroys

any crop or property in or on a crop facility and

the damage or loss thereto is Five Hundred

Dollars ($500.00) or less or enters or remains on

a crop facility with the intent to disrupt or

damage the enterprise conducted at the animal

facility, and the person:

(a) had notice that the entry was forbidden,

(b) knew or should have known that the crop

facility was or had closed to the public, or

(c) received notice to depart but failed to do

so,

(2) for the purposes of this subdivision “notice”

means:

(a) oral or written communication by the owner

or someone with actual or apparent authority

to act for the owner, or

(b) a sign or signs posted on the property or at

the entrance to the building, reasonably

Oklahoma Statutes - Title 2. Agriculture

likely to come to the attention of

intruders, indicating that entry is

forbidden.

D. This section shall not apply to, affect, or otherwise

prohibit actions taken by the Oklahoma Department of Agriculture,

Food, and Forestry, any other federal, state, or local department or

agency, or any official, employee, or agent thereof while in the

exercise or performance of any power or duty imposed by law or by

rule and regulation.

Added by Laws 2003, c. 70, § 3, eff. July 1, 2003.

§2-5-106. Penalties.

A. A person convicted of any of the offenses defined in

subsections A and B of Section 3 of this act shall be guilty of a

Class D3 felony offense and, upon conviction, shall be punished by a

fine not to exceed Ten Thousand Dollars ($10,000.00) or by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or both.

B. Any person violating subsection C of Section 3 of this act

shall be guilty of a misdemeanor.

Added by Laws 2003, c. 70, § 4, eff. Nov. 1, 2003. Amended by Laws

2025, c. 486, § 609, eff. Jan. 1, 2026.

§2-5-107. Oklahoma Meat Consumer Protection Act – Definitions –

Misleading or deceptive practices.

A. There is hereby created the "Oklahoma Meat Consumer

Protection Act".

B. As used in the Oklahoma Meat Consumer Protection Act:

1. "Livestock" means animals defined by paragraph 9 of Section

1-3 of Title 2 of the Oklahoma Statutes;

2. "Meat" means any edible portion of livestock or part

thereof;

3. "Misrepresent" means the use of any untrue, misleading or

deceptive oral or written statement, advertisement, label, display,

picture, illustration or sample; and

4. "Represent" means the use of any form of oral or written

statement, advertisement, label, display, picture, illustration or

sample.

C. Pursuant to the Oklahoma Meat Consumer Protection Act, no

person advertising, offering for sale or selling meat shall engage

in any misleading or deceptive practices, including, but not limited

to, the following:

1. Misrepresenting the cut, grade, brand, trade name or weight

or measure of any meat, or misrepresenting a product as meat that is

not derived from harvested production livestock; provided, product

packaging for plant-based items shall not be considered in violation

of the provisions of this paragraph so long as the packaging

Oklahoma Statutes - Title 2. Agriculture

displays that the product is derived from plant-based sources in

type that is uniform in size and prominence to the name of the

product;

2. Using a USDA-quality grade on a product not graded by the

United States Department of Agriculture (USDA) or Oklahoma

Department of Agriculture, Food, and Forestry (ODAFF); or

3. Failing to fully and conspicuously disclose the correct

government grade for any product if the product is represented as

having been graded by the USDA or ODAFF.

Added by Laws 2020, c. 53, § 2, eff. Nov. 1, 2020.

§2-5-111. Legislative finding and declaration.

The Legislature finds, determines, and declares that the

production of agricultural food products constitutes a large

proportion of the state's economy and that it is beneficial to the

citizens of this state to enhance the production and further expand

the state's economy by effectively supporting and promoting the

value-added food processing industry.

Added by Laws 1996, c. 74, § 1, emerg. eff. April 9, 1996. Amended

by Laws 2001, c. 146, § 132, emerg. eff. April 30, 2001. Renumbered

from § 3021 of this title by Laws 2001, c. 146, § 264, emerg. eff.

April 30, 2001.

§2-5-112. Standard of care for producer of livestock - Rebuttable

presumption.

A. If an action against a producer of livestock arises as a

result of consumption of a meat food product, there shall be a

rebuttable presumption that the producer of livestock met the

standard of ordinary care in the production of that livestock, so

long as the livestock in question were inspected and passed in

accordance with the provisions contained in the Oklahoma Meat

Inspection Act, Oklahoma Poultry Products Inspection Act, Oklahoma

Rabbit and Rabbit Products Inspection Act, and Exotic Livestock and

Exotic Livestock Products Inspection Act.

B. In no event shall a producer of livestock in an action

arising as a result of consumption of a meat food product be held to

a standard higher than that of ordinary care if the livestock in

question had been inspected and passed in accordance with the

provisions contained in the Oklahoma Meat Inspection Act, Oklahoma

Poultry Products Inspection Act, Oklahoma Rabbit and Rabbit Products

Inspection Act, and Exotic Livestock and Exotic Livestock Products

Inspection Act.

Added by Laws 2004, c. 544, § 2, eff. July 1, 2004.

§2-5-120. Short title - Urban Gardens Grant Act.

This act shall be known and may be cited as the “Urban Gardens

Grant Act”.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 2017, c. 188, § 1, eff. Nov. 1, 2017.

§2-5-121. Definitions.

For purposes of the Urban Gardens Grant Act:

1. “Department” means the Oklahoma Department of Agriculture,

Food, and Forestry;

2. “Food desert” means a census tract that is designated as

both a low-income area and a low access area;

3. “Low access area” means a census tract, as reported in the

most recent decennial census published by the United States Bureau

of the Census, where at least 500 persons or 33 percent (33%) of

their population live more than:

a

one (1) mile from a supermarket or large grocery store

in urban areas, and

b.

ten (10) miles from a supermarket or large grocery

store in rural areas;

4. “Low-income area” means a census tract, as reported in the

most recent decennial census published by the United States Bureau

of the Census, where at least 20 percent (20%) of the people have

income at or below the federal poverty levels for family size, or

where median family income for the tract is at or below 80 percent

(80%) of the surrounding area’s median family income.

Added by Laws 2017, c. 188, § 2, eff. Nov. 1, 2017.

§2-5-122. Urban Gardens Grant Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Department of Agriculture, Food, and Forestry to be

designated the "Urban Gardens Grant Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies received by the State Board of

Agriculture from state-appropriated funds, federal funds, donations,

grants and contributions from any public or private source and

designated for the purpose set forth in this section. All monies

accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the Oklahoma Department of Agriculture,

Food, and Forestry for the purpose of administering the Urban

Gardens Grant Act. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

Added by Laws 2017, c. 188, § 3, eff. Nov. 1, 2017. Amended by Laws

2017, c. 328, § 2, eff. July 1, 2017.

§2-5-123. Eligibility for grants.

A. The Department shall administer the provisions of the Urban

Gardens Grant Act.

Oklahoma Statutes - Title 2. Agriculture

B. The State Board of Agriculture shall promulgate rules and

adopt eligibility guidelines necessary to enforce and administer the

Urban Gardens Grant Act, including an application process for

grants. Entities that receive grants must be located in food

deserts and serve residents of the community in which they are

located. The applicants shall show that an awarded grant will

expand and stimulate economic activity in the low income areas

served, as well as provide increased opportunities for the citizens

of those low income areas to obtain healthier food options.

C. One-time grants up to Two Hundred Fifty Thousand Dollars

($250,000.00) shall be provided to entities for the purchase of

greenhouses and other materials to establish and operate an urban

garden.

D. Entities eligible to apply for the grants are nonprofit

community organizations, churches, or other nonprofit organizations.

E. The urban gardens shall grow healthy foods that are to be

sold on site or at farmer’s markets, produce stands and retailers

located within the same community.

Added by Laws 2017, c. 188, § 4, eff. Nov. 1, 2017.

§2-5-201. Short title — Healthy Food Financing Act.

This act shall be known and may be cited as the "Healthy Food

Financing Act".

Added by Laws 2017, c. 106, § 1, eff. Nov. 1, 2017.

§2-5-203. Definitions.

As used in the Healthy Food Financing Act:

1. "Board" means the State Board of Agriculture;

2. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

3. "Financing" means loans, grants and forgivable loans;

4. "Grocery store" means a for-profit or not-for-profit selfservice retail establishment that primarily sells meat, seafood,

fruits, vegetables, dairy products, dry groceries, household

products and sundries;

5. "Low-income community" means a census tract, as reported in

the most recent decennial census published by the United States

Bureau of the Census, that has a poverty rate of at least twenty

percent (20%) or in which the median family income does not exceed

eighty percent (80%) of the greater of the statewide or metropolitan

median family income;

6. "Moderate income community" means a census tract, as

reported in the most recent decennial census published by the United

States Bureau of the Census, in which the median family income is

between eighty-one percent (81%) and ninety-five percent (95%) of

the statewide or metropolitan median family income;

Oklahoma Statutes - Title 2. Agriculture

7. "Small food retailer" means a small retail outlet less than

two thousand five hundred (2,500) square feet, which sells a limited

selection of foods and other products; and

8. "Underserved community" means a census tract, as reported in

the most recent decennial census published by the United States

Bureau of the Census, determined to be an area with low supermarket

access by either the United States Department of Agriculture, as

identified in the Food Access Research Atlas, or through a

methodology that has been adopted for use by another governmental

healthy food initiative.

Added by Laws 2017, c. 106, § 2, eff. Nov. 1, 2017.

§2-5-204. Healthy Food Financing Revolving Fund.

There is hereby created in the State Treasury a revolving fund

to be designated the “Healthy Food Financing Revolving Fund”. The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received by the State

Board of Agriculture for the Healthy Food Financing Act from any

state-appropriated funds, federal funds, donations, grants,

contributions and gifts from any public or private source. All

monies accruing to the credit of the fund are hereby appropriated

and may be budgeted and expended by the State Board of Agriculture

for the purposes set forth in the Healthy Food Financing Act. No

more than ten percent (10%) of the fund expenditures shall be

reserved for administrative and operational costs to manage the

program, unless those costs are provided from other budgets or inkind resources.

Added by Laws 2017, c. 106, § 3, eff. Nov. 1, 2017.

§2-5-205. Administration — Duties — Eligible projects – Financing.

A. The Department shall administer the provisions of the

Healthy Food Financing Act.

B. The Department may contract with one or more nonprofit

organizations or community development financial institutions to

administer this program through a public-private partnership.

C. The Board shall adopt the rules and program eligibility

guidelines necessary to enforce and administer the Healthy Food

Financing Act, including an application process for financing and

grants. Projects that receive financing must be located in an

underserved community and primarily serve low or moderate income

communities. Projects eligible for financing include:

1. Construction of new grocery stores;

2. Construction of small food retailers; and

3. Grocery store or small food retailer renovations, expansions

and infrastructure upgrades that improve the availability and

quality of fresh produce and other healthy foods.

Oklahoma Statutes - Title 2. Agriculture

D. Financing made available for projects may be expended for

the following purposes:

1. Site acquisition and preparation;

2. Construction costs;

3. Equipment and furnishings;

4. Workforce training or security;

5. Pre-development costs, including market studies and

appraisals;

6. Energy efficiency measures;

7. Working capital for first-time inventory and start-up costs;

and

8. For small food retailers, the acquisition or leasing of

refrigeration equipment, display shelving or other one-time capital

expenditure, at a cost of less than Five Thousand Dollars

($5,000.00), for the promotion and display of perishable foods,

which shall include a blend of dairy products, fresh produce, fresh

meats and poultry and fresh or frozen fish.

E. In determining which projects shall qualify for financing,

the Department shall consider:

1. The level of need of access to healthy foods in the area to

be served;

2. The degree to which the project requires an investment of

public financing to progress, create and impact on access to healthy

food;

3. The degree to which the project will have a positive

economic impact on the underserved community, including by creating

or retaining jobs for local residents;

4. The degree to which the project will participate in state

and local health department initiatives to educate consumers on

nutrition and promote healthier eating; and

5. Other criteria the Board determines to be consistent with

the purposes of this act.

F. Eligible applicants for financing shall include but are not

limited to sole proprietorships, partnerships, limited liability

companies, corporations, cooperatives, nonprofit organizations,

nonprofit community development entities, universities or government

entities. Applicants for financing must:

1. Demonstrate the capacity to successfully implement the

project and the likelihood that the project will be economically

self-sustaining;

2. Demonstrate the ability to repay the debt; and

3. Agree, for a period of at least five (5) years, to comply

with the following conditions:

a.

to accept the benefits of The United States Department

of Agriculture’s Supplemental Nutrition Assistance

Program,

Oklahoma Statutes - Title 2. Agriculture

b.

to apply to accept The United States Department of

Agriculture’s Special Supplemental Nutrition Program

for Women, Infants, and Children and to accept the

benefits, if approved,

c.

to allocate at least thirty percent (30%) of food

retail space for the sale of perishable foods, which

shall include fresh dairy, produce, meats, poultry and

fish,

d.

to comply with all data collection and reporting

requirements established by the Board, and

e.

to promote the hiring of local residents.

G. The Board may establish monitoring and compliance mechanisms

for projects receiving financing.

H. The Department shall raise matching funds, promote the

program statewide, evaluate applicants, underwrite and disburse

grants and loans and monitor compliance and impact.

I. The Department shall report annually to the Legislature on

the projects funded, the geographic distribution of the projects,

the costs of the program, and the outcomes, including the number and

type of jobs created and health initiatives associated with the

program.

Added by Laws 2017, c. 106, § 4, eff. Nov. 1, 2017.

§2-5-301. Short title.

This subarticle shall be known as the “Oklahoma Organic Food

Act”.

Added by Laws 1989, c. 317, § 1, operative July 1, 1989. Amended by

Laws 2000, c. 243, § 76, emerg. eff. May 24, 2000.

§2-5-302. Purpose.

The purpose of the Oklahoma Organic Food Act is to permit and

facilitate the production and marketing of organically grown

products in a manner which assures the consumer that the products

have been produced and marketed according to consistent standards

and practices.

Added by Laws 1989, c. 317, § 2, operative July 1, 1989. Amended by

Laws 2000, c. 243, § 77, emerg. eff. May 24, 2000; Laws 2003, c.

242, § 1, emerg. eff. May 23, 2003.

§2-5-303. Definitions.

For purposes of the Oklahoma Organic Food Act:

1. “Certification or certified” means a determination made by a

certifying agent that a production or handling operation is in

compliance with this subarticle and rules promulgated pursuant

thereto;

Oklahoma Statutes - Title 2. Agriculture

2. “Certificate of Organic Production” means an official

document issued by an accredited certifying agent to document the

certification of a production or handling operation;

3. “Certifying agent” means a person accredited by the

Secretary of the United States Department of Agriculture (USDA) to

certify a producer or handler for the purposes of the Oklahoma

Organic Food Act or the Organic Food Production Act of 1990, as

amended and rules promulgated pursuant thereto;

4. “Certified operation” means a crop or livestock production,

wild-crop harvesting, or handling operation, or portion of an

operation that is certified by an accredited certifying agent as

utilizing a system of organic production or handling as described by

the Oklahoma Organic Food Act or the Organic Food Production Act of

1990, as amended and the rules promulgated pursuant thereto;

5. “Organic food” means edible consumer products produced,

processed, packaged, and handled under a system of organic

production;

6. “Organic production” means a production system that is

managed in accordance with the Oklahoma Organic Food Act and rules

promulgated pursuant thereto or the Organic Food Production Act of

1990, 7 U.S.C., Section 6501 et seq., as amended, to respond to

site-specific conditions by integrating cultural, biological, and

mechanical practices that foster recycling of resources, promote

ecological balance, and conserve biodiversity; and

7. “Producer” means a person who engages in the business of

planting, growing, or harvesting food, fiber, feed, and other

agricultural-based consumer products.

Added by Laws 1989, c. 317, § 3, operative July 1, 1989. Amended by

Laws 2000, c. 243, § 78, emerg. eff. May 24, 2000; Laws 2003, c.

242, § 2, emerg. eff. May 23, 2003.

§2-5-304. Certification program – Administration – Inspection and

analysis – Verification documents – Audits of records.

A. The State Board of Agriculture shall establish a program for

the certification of organic agricultural products. The Board shall

submit this program to the Secretary of the USDA for accreditation

as required by the Organic Food Production Act of 1990, as amended,

7 U.S.C., Section 6501 et seq. and rules promulgated pursuant

thereto. Upon accreditation, the Board shall act as a certifying

agent and issue a Certificate of Organic Production to an operation

that has met all requirements of the Oklahoma Organic Food Act and

rules promulgated pursuant thereto.

B. The Board shall promulgate appropriate rules for the

administration of the program for the certification of organic

agricultural products, including:

1. Standards for the analysis, inspection, and certification of

the organic agricultural products;

Oklahoma Statutes - Title 2. Agriculture

2. Records required of producers and handlers of organic

agricultural products;

3. Standards for the certification of producers and handlers of

organic agricultural products;

4. Lists of approved and prohibited substances for use in the

production and handling of organic agricultural products; and

5. A schedule of fees for initial certification and inspection

for continued certification as a producer or handler of organic

agricultural products.

C. The Board is authorized to inspect, sample, analyze, examine

records, and test any product claimed to be organically grown or

distributed within the state to determine if the product is in

compliance with the Oklahoma Organic Food Act. The Board has the

authority to enter upon public or private property at any reasonable

time for the purpose of administering the Oklahoma Organic Food Act.

Any certified operation or applicant for a Certificate of Organic

Production shall be deemed to have given consent to any authorized

agent of the Board to access, enter, inspect, or monitor the

property. Refusal to allow access, entry, or inspection shall

constitute grounds for the denial, nonrenewal, suspension, or

revocation of certification.

D. The Board shall require laboratory analysis of a product

claimed to be organically grown if it has reasonable cause to

suspect the product may contain a substance not approved for organic

production.

E. All new applicants are required to have their soil-growing

media and irrigation water, if not municipal, assayed for the

presence of pesticide residues.

F. Verification documents that may be required include, but are

not limited to, questionnaires, farm plans, affidavits, inspection

reports, laboratory assays, and other documents to verify the path

taken by an organic food product through post-harvest handling and

distribution.

G. The Board may conduct audits of all documents for

verification that producers meet the requirements of the Oklahoma

Organic Food Act and rules.

H. The Board is authorized to promulgate rules as necessary to

administer the Oklahoma Organic Food Act and establish certification

standards to carry out the Oklahoma Organic Food Act.

I. The Board is authorized to revoke, suspend, or not renew any

license upon satisfactory proof that the permittee has violated any

of the provisions of the Oklahoma Organic Food Act or rules

promulgated pursuant thereto.

Added by Laws 1989, c. 317, § 4, operative July 1, 1989. Amended by

Laws 2000, c. 243, § 79, emerg. eff. May 24, 2000; Laws 2003, c.

242, § 3, emerg. eff. May 23, 2003.

Oklahoma Statutes - Title 2. Agriculture

§2-5-305.

2003.

Repealed by Laws 2003, c. 242, § 10, emerg. eff. May 23,

§2-5-306.

2003.

Repealed by Laws 2003, c. 242, § 10, emerg. eff. May 23,

§2-5-307. False representation as organic product - Stop-sale

orders – Fines and penalties.

A. A person shall not sell, offer for sale, label, or advertise

an agricultural product with the representation that it is organic

if the person knows or has reason to know that it has not been

certified pursuant to the Oklahoma Organic Food Act or the Organic

Food Production Act of 1990, as amended, 7 U.S.C., Section 6501 et

seq. and the rules and regulations promulgated pursuant thereto.

B. The State Board of Agriculture is authorized to issue a

written or printed “stop-sale” or “notice of violation” order to the

owner or custodian of a product being labeled, advertised or offered

or exposed for sale in violation of the Oklahoma Organic Food Act or

rules promulgated pursuant thereto.

C. Any person violating the provisions of the Oklahoma Organic

Food Act or rules promulgated pursuant thereto may be:

1. Assessed an administrative fine as specified in Section 2-18

of this title; and

2. Deemed guilty of a misdemeanor and, upon conviction thereof,

may be punished by a fine of not more than One Thousand Dollars

($1,000.00).

D. Each day a violation continues shall be a separate offense.

Added by Laws 1989, c. 317, § 7, operative July 1, 1989. Amended by

Laws 2000, c. 243, § 82, emerg. eff. May 24, 2000; Laws 2003, c.

242, § 4, emerg. eff. May 23, 2003.

§2-5-501. Short title.

This act shall be known and may be cited as the “Oklahoma

AgrAbility Project Act”.

Added by Laws 2007, c. 181, § 1, eff. Nov. 1, 2007.

§2-5-502. Legislative findings.

The Legislature finds the following:

1. Oklahoma is one of the leading agricultural-producing states

in the nation. By being involved in such a diverse and highly

mechanized industry, the more than one hundred thirty-five thousand

agricultural workers in Oklahoma are susceptible to any one of a

number of work-related injuries and chronic health problems that

limit the ability of an individual to safely continue farming;

2. Available estimates indicate that each year in Oklahoma more

farm workers sustain fatal injuries than any other work group and

Oklahoma Statutes - Title 2. Agriculture

often have nonfatal injuries which result in permanent physical

disabilities affecting their future income;

3. It is estimated that nationwide more than two hundred

thousand farmers, ranchers, and other agricultural workers

experience injuries that result in lost work time. Of these

injuries, five percent (5%) have serious or permanent results;

4. According to recent survey data, approximately seventeen

thousand Oklahoma farmers have permanent disabilities as a result of

accidents, health-related ailments, and age.

5. Farm operators and workers are typically highly skilled

individuals and the loss of these individuals to a disability

negatively impacts the Oklahoma farm economy. The AgrAbility

Project established by the United States Department of Agriculture

has been successful in helping agricultural workers with a disbility

to continue to farm. A similar program established by the state,

working as part of the existing Oklahoma AgrAbility Project, will

assist even more Oklahoma citizens in receiving the necessary

assistance and will benefit the state agriculture industry.

Added by Laws 2007, c. 181, § 2, eff. Nov. 1, 2007.

§2-5-503. Definitions.

As used in the Oklahoma AgrAbility Project Act:

1. “Oklahoma AgrAbility Project” means the joint program of the

Oklahoma Cooperative Extension Service, ABLE Tech, Langston

University, and Oklahoma Assistive Technology Foundation,

established in accordance with the AgrAbility Program established by

the United States Department of Agriculture; and

2. “Production agriculture” means production for commercial

purposes of crops, livestock, and livestock products.

Added by Laws 2007, c. 181, § 3, eff. Nov. 1, 2007.

§2-5-504. Assistance to individuals affected by disability Services.

A. Subject to available funds, the Oklahoma Cooperative

Extension Service shall provide through the existing state program,

and contract with other entities that assist disabled farmers,

assistance to individuals who are engaged in farming or an

agriculture-related activity and who have been affected by

disability.

B. Services provided by the Oklahoma AgrAbility Project shall

include, but are not limited to:

1. A toll-free information and referral hotline;

2. The establishment of networks with local agricultural and

rehabilitation professionals;

3. The coordination of community resources;

4. The establishment of networks with local agricultural and

health care professionals to help identify individuals who may be

Oklahoma Statutes - Title 2. Agriculture

eligible for assistance and to help identify the best method of

providing that assistance;

5. The provision of on-the-farm information and technical

assistance regarding equipment modification, assistive technology,

environmental modifications, and work accomodations;

6. Job restructuring; and

7. The provision of information on, and assistance regarding

the development of, alternative jobs.

Added by Laws 2007, c. 181, § 4, eff. Nov. 1, 2007.

§2-5-505. Eligibility.

To be eligible to receive assistance under the Oklahoma

AgrAbility Project Act, an individual shall:

1. Be a resident of Oklahoma;

2. Derive a portion of income from production agriculture;

3. Have an impairment that creates a condition of disability;

and

4. Meet any additional eligibility requirements set forth by

the Oklahoma Cooperative Extension Service.

Added by Laws 2007, c. 181, § 5, eff. Nov. 1, 2007.

§2-5-506. Oklahoma AgrAbility Project Fund.

The Oklahoma AgrAbility Project Fund may be created at some

future time as funds become available to provide low-cost direct

assistance to eligible clients through agricultural work

accommodations and technologies, to build capacity in health care

providers through educational offerings, and to direct a volunteer

peer support network to assist clients and their families impacted

by disability issues.

Added by Laws 2007, c. 181, § 6, eff. Nov. 1, 2007.

§2-5-507. Reports.

If state funds are utilized, unless otherwise required by

federal law, the Oklahoma Cooperative Extension Service shall

provide the Speaker of the Oklahoma House of Representatives and the

President Pro Tempore of the Oklahoma Senate a copy of any report or

other document that it provides to the United States Department of

Agriculture concerning the Oklahoma AgrAbility Project.

Added by Laws 2007, c. 181, § 7, eff. Nov. 1, 2007.

§2-5-601. Short title — Donated Agriculture and Wild Game Foods

Act.

This act shall be known and may be cited as the "Donated

Agriculture and Wild Game Foods Act".

Added by Laws 2024, c. 222, § 1, eff. Sept. 15, 2024.

§2-5-602.

Definitions.

Oklahoma Statutes - Title 2. Agriculture

For the purpose of this act, the following definitions shall

apply:

1. "Charitable organization" means any benevolent,

philanthropic, patriotic, eleemosynary, educational, social, civic,

recreational or religious group or association, or any other person

performing or purporting to perform acts beneficial to the public;

2. "Food" means any raw, cooked, processed, or prepared edible

substance, ice, beverage, or ingredient used or intended to be used

in whole or in part for human consumption that is apparently fit for

human consumption. Food includes nonperishable food, perishable

food, and wild game;

3. "Gleaner" means a person who gleans an agricultural crop

that has been donated by the owner of the agricultural crop;

4. "Gleans" or "gleaned" means to gather an agricultural crop

leftover after a harvest;

5. "Nonprofit corporation" means a corporation formed for a

purpose not involving pecuniary gain to its shareholders or members,

paying no dividends or other pecuniary remuneration, directly or

indirectly, to its shareholders or members as such, and having no

capital stock;

6. "Nonperishable food" means any food that has been

commercially processed, prepared, and packaged for human consumption

and that is intended to remain fit for human consumption without

refrigeration for a reasonable length of time;

7. "Person" means an individual, corporation, business trust,

estate trust, partnership, limited liability company, association,

joint venture, or any other legal or commercial entity. Person does

not include a government, governmental subdivision, agency,

instrumentality, or a public corporation;

8. "Perishable food" means any food that may spoil or otherwise

become unfit for human consumption because of its nature, type, or

physical condition. Perishable food includes all of the following:

a.

fresh and processed meats, poultry, fish, dairy

products, or bakery products,

b.

eggs in shell, and

c.

fresh fruits and vegetables;

9. "State agency" means any office, department, board,

commission, committee, court, school district, board of education,

or other instrumentality of the government of this state existing by

virtue of an act of the Oklahoma Legislature or the Constitution of

this state;

10. "Wild game" means any of the following that are legally

taken under the laws of this state:

a.

game animals as defined in Sections 2-116 and 2-145 of

Title 29 of the Oklahoma Statutes,

b.

game birds as defined in Sections 2-112 and 2-114 of

Title 29 of the Oklahoma Statutes, and

Oklahoma Statutes - Title 2. Agriculture

c.

game fish as defined in Section 2-115 in Title 29 of

the Oklahoma Statutes.

Added by Laws 2024, c. 222, § 2, eff. Sept. 15, 2024.

§2-5-603. Civil and criminal liability exemption.

A. A person or gleaner who, in good faith, donates food for

ultimate distribution without charge by a nonprofit corporation, a

charitable organization, or a state agency shall not be liable for

civil damages or criminal penalties resulting from the nature, age,

condition, or packaging of the donated food, unless an injury or

death is caused by the gross negligence, recklessness, or

intentional misconduct of the person or gleaner.

B. A person who, in good faith, provides services related to

the processing of wild game that is donated to a nonprofit

corporation, a charitable organization, or a state agency for

ultimate distribution without charge by the nonprofit organization

or the state agency shall not be liable for civil damages or

criminal penalties resulting from the nature, age, condition, or

packaging of the donated food, unless an injury or death is caused

by gross negligence, recklessness, or intentional misconduct of the

person.

C. A nonprofit corporation or charitable organization that, in

good faith, accepts donated food for ultimate distribution without

charge shall not be liable for civil damages or criminal penalties

resulting from the nature, age, condition, or packaging of the

donated food, unless an injury or death is caused by gross

negligence, recklessness, or intentional misconduct of the nonprofit

organization.

D. Nothing in this section shall supersede the liability found

in Section 5.6 of Title 76 of the Oklahoma Statutes.

Added by Laws 2024, c. 222, § 3, eff. Sept. 15, 2024.

§2-5-604. Preemption.

This act shall not restrict or preempt the authority granted to

the State Department of Health and the Oklahoma Department of

Agriculture, Food, and Forestry by other law to inspect, regulate,

or ban food.

Added by Laws 2024, c. 222, § 4, eff. Sept. 15, 2024.

§2-5-605. Licensing program — Hunters Against Hunger.

The Oklahoma Department of Agriculture, Food, and Forestry shall

create a licensing program for meat processing plants that helps

support Oklahoma Department of Wildlife Conservation's "Hunters

Against Hunger" program, by allowing the processors to process wild

game. This license shall be for meat processors already licensed

and/or inspected by the Oklahoma Department of Agriculture, Food,

and Forestry for processing meat besides wild game. Facilities that

Oklahoma Statutes - Title 2. Agriculture

receive the special licenses can participate in Oklahoma Department

of Wildlife Conservation's "Hunters Against Hunger" program and

donate the processed wild game meat for payment by the Oklahoma

Department of Wildlife Conservation according to its rules. The

Oklahoma Department of Agriculture, Forestry, and Food shall create

the special license through the administrative rules process. This

license shall not be required of meat processors who only process

wild game and are already eligible to participate in the "Hunters

Against Hunger" program.

Added by Laws 2024, c. 222, § 5, eff. Sept. 15, 2024.

§2-5-606. Regulatory review.

A. The State Department of Health and the Oklahoma Department

of Agriculture, Food, and Forestry shall:

1. Review any such regulations that have an effect on limiting

the use of donated or gleaned food, with the goal of eliminating

unnecessary regulations and increasing the supply of usable donated

or gleaned food while protecting public health; and

2. Submit their review of such regulations no later than

November 1, 2024, in a report to the Governor, the Speaker of the

Oklahoma House of Representatives, and the Speaker Pro Tempore of

the Oklahoma State Senate.

Added by Laws 2024, c. 222, § 6, eff. Sept. 15, 2024.

§2-6-1. State Veterinarian.

The State Veterinarian shall be the holder of a current license

to practice veterinary medicine in Oklahoma, and shall be appointed

by the State Board of Agriculture. The Board shall fix the

compensation and duties of the State Veterinarian.

Added by Laws 1955, p. 41, art. 6(A), § 1. Amended by Laws 2000, c.

367, § 30, emerg. eff. June 6, 2000.

§2-6-2. Official livestock and poultry disease control agency Authority of State Veterinarian.

A. The State Board of Agriculture shall be the official

livestock and poultry disease control agency of the State of

Oklahoma. The Board shall have authority to promulgate and enforce

rules governing the handling, sale, and use of vaccines, antigens,

and other biological products used in connection with livestock or

poultry.

B. In addition to other statutory authority, the State

Veterinarian, upon obtaining concurrence of the State Board of

Agriculture, may issue emergency orders governing animals in order

to protect the citizens and animals of the state from diseases and

pests of animals, including the following to:

1. Prohibit or impose conditions on importing animals into the

state;

Oklahoma Statutes - Title 2. Agriculture

2. Require testing of animals;

3. Require vaccination or other treatment of animals;

4. Prohibit or impose conditions on moving animals within the

state;

5. Issue stop movement orders for all livestock in the state to

determine the precise location of a foreign animal disease in

accordance with foreign animal disease response plans;

6. Govern the disposition of animals; and

7. Impose other measures governing animals to protect the

citizens and animals of the state from diseases and pests of

animals.

C. Emergency orders issued pursuant to this section shall

expire on the date set in the order or upon the elapse of ninety

(90) days; however, the State Veterinarian may renew the order for

successive ninety–day periods.

D. Any person providing training for the emergency management

of livestock or other animals for any circumstance, including, but

not limited to, disease, natural disaster, fire or other event,

shall obtain approval from the State Veterinarian. The State

Veterinarian shall review all curriculum and may require changes to

the curriculum prior to approval of the person providing the

training.

Added by Laws 1955, p. 42, art. 6(A), § 2, emerg. eff. June 3, 1955.

Amended by Laws 2000, c. 367, § 31, emerg. eff. June 6, 2000; Laws

2010, c. 103, § 1, emerg. eff. April 13, 2010; Laws 2019, c. 114, §

1, eff. Nov. 1, 2019.

§2-6-3. Destruction of diseased livestock - Appraisal - Payment.

A. The State Veterinarian may determine that any livestock is

infected with or has been exposed to any disease posing a threat to

the livestock population of the state.

B. The State Veterinarian may cause the livestock to be

destroyed or disposed of in a manner designed to protect the health

of other livestock. Destroyed or disposed of livestock shall be

appraised by an individual selected by the State Veterinarian and

the owner of the livestock. The owner of the livestock destroyed or

disposed of shall be entitled to be paid the amount of indemnity

approved by the State Board of Agriculture from designated funds.

Added by Laws 1955, p. 42, art. 6(A), § 3. Amended by Laws 2000, c.

367, § 32, emerg. eff. June 6, 2000.

§2-6-4. Disinfecting of livestock and places - Cost - Liens.

A. If the State Veterinarian determines that any livestock is

infected with or has been exposed to any contagious or infectious

disease, the owner or person in control of the livestock may be

directed by the State Veterinarian or any authorized agent thereof,

to disinfect any livestock or any place the livestock has been in a

Oklahoma Statutes - Title 2. Agriculture

specific time and manner. If the livestock or place is not

disinfected within the time specified, the State Veterinarian or

authorized agent shall have the authority to have the livestock or

place disinfected. The owner or person in control of the livestock

shall be obligated to pay to the State Department of Agriculture all

expenses incurred in having the livestock or place disinfected. The

State Board of Agriculture shall have the authority to place a lien

upon the livestock or place until the expense is paid.

B. The livestock or place shall not be removed or change

ownership without permission of the State Veterinarian. When the

expense is paid, it shall be deposited in the State Department of

Agriculture Revolving Fund.

C. The term "place", as used in this section, shall include but

not be limited to any premises or mode of transportation.

Added by Laws 1955, p. 42, art. 6(A), § 4, emerg. eff. June 3, 1955.

Amended by Laws 1996, c. 138, § 3, emerg. eff. May 1, 1996; Laws

2000, c. 367, § 33, emerg. eff. June 6, 2000.

§2-6-5. Reports of contagious or infectious animal diseases –

Release of information.

A. Any report of contagious or infectious animal diseases

obtained pursuant to the requirements of Section 698.15 of Title 59

of the Oklahoma Statutes and rules promulgated by the State Board of

Agriculture shall not be required to be produced pursuant to the

Oklahoma Open Records Act except in such a way that no person or

farm can be individually identified, unless otherwise provided for

by law. Specific information shall not be released except under the

following circumstances:

1. Release is made upon court order;

2. Release is made in writing, by or with the written consent

of the person whose information is being kept confidential;

3. Release is necessary as determined by the State Veterinarian

to protect the health and well-being of the general public or

domestic animals;

4. Release is made of medical or epidemiological information to

health or veterinary professionals, appropriate state agencies or

appropriate courts to enforce the provisions of this title and

related rules concerning the control and treatment of animal

diseases; or

5. Release is made of specific medical or epidemiological

information for statistical purposes whether within the State of

Oklahoma or throughout the United States, in such a way that no

person or farm can be identified.

B. Nothing in this section shall be construed to limit the

ability of the State Veterinarian or the State Board of Agriculture

from utilizing reported information to the extent deemed necessary

Oklahoma Statutes - Title 2. Agriculture

and for enforcing any provisions of Title 2 of the Oklahoma

Statutes.

Added by Laws 2015, c. 70, § 1, eff. Nov. 1, 2015.

§2-6-6. Importing or possessing exotic swine - Misdemeanor –

Exceptions.

A. It shall be unlawful and be a misdemeanor in Oklahoma to

import or possess exotic swine of the family Suidae. Provided,

however, exotic swine species shall not include pot-bellied pigs,

teacup pigs and other swine or pigs commonly owned as domestic pets.

B. The State Veterinarian may grant exceptions for importation

and possession by a zoo accredited by the Association of Zoos and

Aquariums.

Added by Laws 2017, c. 361, § 1, emerg. eff. May 31, 2017.

§2-6-21.

Repealed by Laws 2019, c. 109, § 2, eff. Nov. 1, 2019.

§2-6-22.

Repealed by Laws 2019, c. 109, § 2, eff. Nov. 1, 2019.

§2-6-23.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-24.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-25.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-26.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-27. Feeding garbage to swine.

A. No person shall feed garbage to swine.

B. For the purpose of this section, "garbage" means putrescible

animal and vegetable wastes resulting from the handling,

preparation, cooking and consumption of foods, including fish,

poultry or animal carcasses or parts.

C. The provisions of this section shall not apply to:

1. Any individual who feeds only household garbage of the

individual to the swine of the individual; or

2. Any institution which feeds only its own garbage to swine

which are raised for the institution's own use.

Added by Laws 1955, p. 43, art. 6(B), § 7, emerg. eff. June 3, 1955.

Amended by Laws 2000, c. 367, § 36, emerg. eff. June 6, 2000; Laws

2019, c. 109, § 1, eff. Nov. 1, 2019.

Oklahoma Statutes - Title 2. Agriculture

§2-6-28.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-91. Formulation of control and eradication program.

A program for the control and eradication of brucellosis among

livestock of the State of Oklahoma shall be maintained by the State

Board of Agriculture. The program shall be composed of a plan or

combination of plans adopted or recommended by the United States

Department of Agriculture and approved by the Board.

Added by Laws 1955, p. 47, art. 6(E), § 1. Amended by Laws 2000, c.

367, § 37, emerg. eff. June 6, 2000.

§2-6-92. Official test.

A. The official test for brucellosis shall be any serologic or

bacteriologic test recognized by and listed in the United States

Department of Agriculture Uniform Methods and Rules of Brucellosis

Eradication or listed in the Code of Federal Regulations. An

official test must be conducted at a laboratory approved for

brucellosis testing by the State Board of Agriculture and the United

States Department of Agriculture.

B. The blood sample for brucellosis tests shall be drawn by a

person approved by the Board. Accredited veterinarians licensed to

practice in this state may be granted a certificate by the State

Veterinarian to conduct brucellosis tests at approved livestock

market laboratories.

C. All blood tests shall be confirmed by samples tested at the

laboratory approved for official testing by the Board and the United

States Department of Agriculture.

Added by Laws 1955, p. 47, art. 6(E), § 2, emerg. eff. June 3, 1955.

Amended by Laws 1961, p. 5, § 1; Laws 1996, c. 138, § 4, emerg. eff.

May 1, 1996; Laws 2000, c. 367, § 38, emerg. eff. June 6, 2000.

§2-6-93. Blood samples for brucellosis testing – Official

identification – Reports.

A. Whenever any blood sample is drawn for the purpose of

testing for brucellosis, the person drawing the blood sample shall

ensure application of official identification, approved by the State

Veterinarian. If official identification is already present, that

official identification shall be recorded.

B. The person shall submit with the blood sample a written

report to the State Veterinarian. The report shall be signed by the

person drawing the sample and shall be on a form prescribed by the

State Veterinarian. The report shall show the official

identification and descriptive markings of the animal, or herd

tattoo, if the tested animal is a registered animal.

C. It shall not be necessary to officially identify any

registered animal if the registration tattoo of each animal is shown

Oklahoma Statutes - Title 2. Agriculture

on the report. If the registration paper is not transferred with

the animal, official identification shall be applied.

D. The removal of official identification without prior

authorization from the State Veterinarian shall be a violation of

the Oklahoma Agricultural Code.

Added by Laws 1955, p. 47, art. 6(E), § 3, emerg. eff. June 3, 1955.

Amended by Laws 1979, c. 87, § 1; Laws 2000, c. 367, § 39, emerg.

eff. June 6, 2000; Laws 2019, c. 73, § 1, eff. Nov. 1, 2019.

§2-6-94. Positive reactions - Permanent branding of animal –

Tagging – Removal of permanent mark or brand.

A. The owner of exposed animals or reactors shall present the

animals for branding or tagging within fifteen (15) days after

receiving notice of reaction or exposure. The failure of an owner

to comply with the requirements of this subsection shall be deemed a

misdemeanor.

B. The removal of any permanent mark or brand, including

official identification, from any animal with a reportable disease

or those classified as diseased in a herd being depopulated, without

prior authorization from the State Veterinarian, shall be deemed a

Class D3 felony offense and shall be punished by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes.

Added by Laws 1955, p. 47, art. 6(E), § 4, emerg. eff. June 3, 1955.

Amended by Laws 1967, c. 393, § 4, emerg. eff. May 23, 1967; Laws

1974, c. 77, § 1, emerg. eff. April 19, 1974; Laws 1976, c. 107, §

1, emerg. eff. May 12, 1976; Laws 1979, c. 87, § 2; Laws 1996, c.

138, § 5, emerg. eff. May 1, 1996; Laws 1997, c. 133, § 85, eff.

July 1, 1999; Laws 2000, c. 367, § 40, emerg. eff. June 6, 2000;

Laws 2019, c. 74, § 1, eff. Nov. 1, 2019; Laws 2025, c. 486, § 610,

eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 85 from July 1, 1998, to July 1, 1999.

§2-6-95. Brucellosis Milk Surveillance test.

The Brucellosis Milk Surveillance test made with whole milk or

cream and an approved antigen, in a manner and by a person approved

by the United States Department of Agriculture and the State Board

of Agriculture, may be used to indicate the possibility of the

presence of reactors in the herd from which the milk or cream

samples were taken. If the test indicates that reactors may be

present in a herd, the State Veterinarian shall have the authority

to conduct an official test of the herd in order to identify the

reactors.

Added by Laws 1955, p. 47, art. 6(E), § 5, emerg. eff. June 3, 1955.

Amended by Laws 1996, c. 138, § 6, emerg. eff. May 1, 1996; Laws

2000, c. 367, § 41, emerg. eff. June 6, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-6-96. Officially vaccinated animals - Identification.

Officially vaccinated animals shall have been inoculated with a

vaccine approved by the United States Department of Agriculture and

the State Board of Agriculture in a manner and by a person approved

by the Board. The inoculation shall be made between ages specified

by the Board. Animals vaccinated shall be properly identified with

a tattoo and individual identification as prescribed by the Board.

Added by Laws 1955, p. 48, art. 6(E), § 6. Amended by Laws 1980, c.

42, § 1, emerg. eff. March 26, 1980; Laws 2000, c. 367, § 41, emerg.

eff. June 6, 2000.

§2-6-97. Biological products containing Brucella organisms.

It shall be unlawful for any person to sell, furnish, give away,

or supply any biological product containing Brucella organisms for

use in this state except to persons, firms, or agencies approved in

writing by the State Veterinarian.

Added by Laws 1955, p. 48, art. 6(E), § 7. Amended by Laws 2000, c.

367, § 43, emerg. eff. June 6, 2000.

§2-6-98.

1996.

Repealed by Laws 1996, c. 138, § 8, emerg. eff. May 1,

§2-6-99. Quarantine of livestock infected with brucellosis Disposition.

All livestock declared to be infected with brucellosis shall be

immediately quarantined and shall be disposed of only as prescribed

in the approved plan. Prior to movement or change of ownership,

plans for disposition of infected animals shall be made and reported

to the State Veterinarian.

Added by Laws 1955, p. 48, art. 6(E), § 9. Amended by Laws 2000, c.

367, § 44, emerg. eff. June 6, 2000.

§2-6-100. Brucellosis eradication - Livestock owner requirements Indemnity payments.

A. The State of Oklahoma is hereby declared brucellosis free.

The State Board of Agriculture may reinstitute a program of

brucellosis eradication based on the advice of the State

Veterinarian and in consultation with the United States Department

of Agriculture.

B. Each owner of livestock shall comply with the requirements

of a brucellosis plan. A licensed, accredited veterinarian or

authorized agent of the Board shall perform all tests on livestock

for brucellosis. The owner or person in control of the livestock

shall render assistance in restraining the animals as the State

Veterinarian or a representative of the State Veterinarian deems

necessary. Any owner or caretaker who neglects or refuses to

Oklahoma Statutes - Title 2. Agriculture

present the livestock for testing or refuses or neglects to assist

in restraining them, upon conviction thereof, shall be guilty of a

misdemeanor.

C. The State Veterinarian or representative authorized to test

the livestock may file a complaint with the district attorney who

shall immediately notify the offending party either by certified

mail, personal service, posting a notice on the premises, or

publication that the person will have an additional ten (10) days to

comply with the requirements. If the party fails to comply, the

sheriff of the county shall gather the livestock for testing. The

owner shall pay all fees and costs incurred in gathering the

livestock into the county general fund, to be reappropriated to the

county sheriff's office.

D. An indemnity payment in an amount approved by the United

States Department of Agriculture and the Board shall be made on each

reactor upon proof of slaughter. The Board shall pay any owner of

cattle destroyed because of brucellosis an indemnity of not more

than Fifty Dollars ($50.00) for each animal, provided the animal

qualifies for an indemnity payment pursuant to official state or

federal brucellosis regulations, and the state monies will be in

addition to any indemnity payments by the United States Department

of Agriculture. The indemnity payments shall be made from funds

made available by the United States Department of Agriculture or the

Board within the limits of availability. The state indemnity shall

not be paid unless the owner of the cattle is in compliance with

rules of the Board pertaining to an approved plan.

Added by Laws 1955, p. 48, art. 6(E), § 10, emerg. eff. June 3,

1955. Amended by Laws 1965, c. 470, § 2, emerg. eff. July 14, 1965;

Laws 1967, c. 393, § 5, emerg. eff. May 23, 1967; Laws 1981, c. 13,

§ 1, eff. July 1, 1981; Laws 1983, c. 64, § 1, emerg. eff. April 29,

1983; Laws 1984, c. 19, § 1, emerg. eff. March 20, 1984; Laws 2000,

c. 367, § 45, emerg. eff. June 6, 2000; Laws 2019, c. 71, § 1, eff.

Nov. 1, 2019.

§2-6-101. Certification of brucellosis-free herds and counties.

The certification of brucellosis-free herds and brucellosis-free

counties or areas shall be made as prescribed by the United States

Department of Agriculture and approved by the State Veterinarian.

Added by Laws 1955, p. 48, art. 6(E), § 11. Amended by Laws 2000,

c. 367, § 46, emerg. eff. June 6, 2000.

§2-6-102. Sale of bovine animals or removal from markets –

Compliance records.

A. It shall be unlawful for any person, company, firm,

corporation, livestock market, concentration yard, or livestock

auction, to sell animals or to remove animals from markets unless

Oklahoma Statutes - Title 2. Agriculture

the animals are in compliance with rules promulgated by the State

Board of Agriculture.

B. Animals that are sold prior to testing shall revert to the

seller without obligation to the purchasers if the animals are

reactors, and all expenses incurred in testing shall be paid by the

seller.

C. A record of compliance shall be on a form approved by the

State Veterinarian.

Added by Laws 1955, p. 48, art. 6(E), § 12. Amended by Laws 1963,

c. 291, § 1; Laws 1967, c. 393, § 6, emerg. eff. May 23, 1967; Laws

1974, c. 46, § 1, emerg. eff. April 13, 1974; Laws 1976, c. 107, §

2, emerg. eff. May 12, 1976; Laws 1979, c. 87, § 3; Laws 1980, c.

42, § 2, emerg. eff. Mar. 26, 1980; Laws 2000, c. 367, § 47, emerg.

eff. June 6, 2000.

§2-6-103.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-104.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-105.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-106.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-107. Swine identification verification – Testing requirements.

A. Each person who presents swine for a swine exhibition,

special sale, or show shall provide verification of one of the

following:

1. A federal premises identification number; or

2. A state location identification number.

B. Swine shall be individually identified at the time of

testing with both ear notches and an 840 USDA button-type electronic

official identification ear tag. Untested exhibition swine

originating from a validated-qualified (V/Q) herd shall be similarly

identified prior to exhibition.

C. All swine shall meet one of the following testing

requirements:

1. Oklahoma origin swine shall have a negative brucellosis and

pseudorabies test after May 15 each year for fall exhibitions and

after November 10 each year for spring exhibitions. These tests

shall be valid for the entire respective exhibition season, unless

in the opinion of the designated epidemiologist the swine have been

exposed to pseudorabies or brucellosis. The swine shall also be

accompanied by a copy of the official test chart or a certificate of

Oklahoma Statutes - Title 2. Agriculture

veterinary inspection listing the test results, laboratory name,

laboratory accession number, and individual identification number.

2. Swine originating from outside of Oklahoma shall meet the

requirements of OAC 35:15-22-33.

3. Each swine shall originate from a V/Q herd and only be

exhibited by an immediate family member of the V/Q herd owner. The

V/Q herd number, most recent quarterly test date, and official

identification numbers of all swine being exhibited shall be listed

on the certificate of veterinary inspection.

Added by Laws 2022, c. 33, § 1, eff. Nov. 1, 2022.

§2-6-121.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-122.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-123.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-124. Livestock infected or exposed - Order of quarantine –

Notice – Waiving of quarantine.

A. Whenever it is determined by the State Board of Agriculture

or the State Veterinarian that livestock in any area of the State of

Oklahoma is, has been, or is likely to be infected with an

infectious or contagious disease, or has been exposed due to

importation of livestock from another state or from another area in

the State of Oklahoma, or for any other reason, the President of the

Board, an authorized agent, or the State Veterinarian shall issue an

order of quarantine showing the area and the conditions of the

quarantine. Notice of the quarantine order shall be given by one of

the following methods:

1. In person by an authorized agent of the Board; or

2. By certified mail; or

3. By publication in a legal newspaper of general circulation

in one or more counties in which the areas are situated; or

4. By a sign or signs posted in or around the quarantined area.

B. It shall be illegal to remove any sign or notice posted to a

quarantine area or premise and removal shall be only by the State

Veterinarian or an authorized agent.

C. The issuance of a quarantine may be waived if the Board or

the State Veterinarian enters into a formal cooperative agreement

with the affected party that will control and eradicate the disease

condition.

Added by Laws 1955, p. 49, art. 6(F), § 4. Amended by Laws 1967, c.

393, § 2, emerg. eff. May 23, 1967; Laws 1992, c. 296, § 3, emerg.

Oklahoma Statutes - Title 2. Agriculture

eff. May 26, 1992; Laws 2000, c. 367, § 48, emerg. eff. June 6,

2000.

§2-6-125. Moving of livestock in or out of quarantine area Penalties.

It shall be unlawful and a misdemeanor for any person to remove,

change the location of, or to bring into or to take out of any place

or area that has been quarantined, any livestock covered by the

order of quarantine or to violate any of the conditions of the

quarantine. If the aggregate value of the quarantined livestock is

in excess of One Thousand Dollars ($1,000.00), then the person

shall, upon conviction, be guilty of a Class D3 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes.

Added by Laws 1955, p. 49, art. 6(F), § 5, emerg. eff. June 3, 1955.

Amended by Laws 1997, c. 133, § 86, eff. July 1, 1999; Laws 2000, c.

367, § 49, emerg. eff. June 6, 2000; Laws 2025, c. 486, § 611, eff.

Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 86 from July 1, 1998, to July 1, 1999.

§2-6-126.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-131. Short title.

This act shall be known and may be cited as the "Foreign Animal

Diseases Act".

Added by Laws 1996, c. 75, § 1, eff. July 1, 1996.

§2-6-132. Definitions.

As used in the Foreign Animal Diseases Act "foreign animal

disease" means any condition of livestock or animals meeting the

criteria for a foreign animal disease by the United States

Department of Agriculture.

Added by Laws 1996, c. 75, § 2, eff. July 1, 1996. Amended by Laws

2000, c. 367, § 50, emerg. eff. June 6, 2000.

§2-6-133. Eradication and control program.

The State Board of Agriculture shall formulate and maintain a

program to assist in the eradication and control of any foreign

animal disease. The program shall be implemented only in the event

there is evidence that a foreign animal disease may affect any

livestock or animals of this state. The program shall be based upon

an approved plan composed of a plan or combination of plans adopted

or recommended by the State Veterinarian and the United States

Department of Agriculture, Animal and Plant Health Inspection

Service and approved by the Board.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1996, c. 75, § 3, eff. July 1, 1996.

§2-6-134. Quarantine.

If the State Board of Agriculture or any authorized agent

thereof determines any animal or livestock in any area is or might

be infected with any foreign animal disease, a quarantine may be

declared by the Board. The quarantine shall show the area

quarantined and the conditions of the quarantine. Notice of the

quarantine shall be given in person by an authorized agent, by

certified mail, by a sign or signs posted in or around the

quarantined area, or by publication in a legal newspaper of general

circulation in one or more counties in which the area may be

situated. It shall be illegal to remove any sign or notice posted

to a quarantined area or premises unless removed by the State

Veterinarian or an authorized agent.

Added by Laws 1996, c. 75, § 4, eff. July 1, 1996. Amended by Laws

2000, c. 367, § 51, emerg. eff. June 6, 2000.

§2-6-135. Restrictions on biological products.

No biological products, including but not limited to antigens,

used to immunize, test, or treat livestock or animals for foreign

animal diseases shall be manufactured, produced, transported,

distributed, sold, offered for sale, or possessed in this state

unless the biological product has been licensed or permitted by the

United States Department of Agriculture, and approved by the State

Veterinarian. Biological products shall be administered or used

only by those persons approved by the State Veterinarian.

Added by Laws 1996, c. 75, § 5, eff. July 1, 1996. Amended by Laws

2000, c. 367, § 52, emerg. eff. June 6, 2000.

§2-6-136.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-137.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-141. Branding and tagging of tubercular cattle.

All livestock or animals found to be affected with tuberculosis,

either by tuberculin test or physical examination by a veterinarian,

shall be branded immediately on the tailhead in capital form with

the Roman letter "T", at least two (2) inches in width and three (3)

inches in length, have a designated metal tag affixed to the left

ear, and shall be considered affected with tuberculosis. The owner

or owners of tuberculosis-affected animals shall permit any

authorized agent or representative of the State Board of Agriculture

or the United States Department of Agriculture or accredited

veterinarian to brand and tag all affected animals.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 50, art. 6(G), § 1, emerg. eff. June 3, 1955.

Amended by Laws 1996, c. 138, § 7, emerg. eff. May 1, 1996; Laws

2000, c. 367, § 53, emerg. eff. June 6, 2000.

§2-6-142. Sale or disposition of bovine animals affected with

tuberculosis.

It shall be unlawful for any person or the agents or employees

of any person to knowingly and intentionally sell, offer for sale,

assist in the sale or trade, or dispose or offer to dispose of any

animal affected with tuberculosis.

Added by Laws 1955, p. 50, art. 6(G), § 2. Amended by Laws 2000, c.

367, § 54, emerg. eff. June 6, 2000.

§2-6-143. Tuberculin tests - Refusal to comply - Quarantine.

The State Veterinarian or any accredited veterinarian directed

by the State Veterinarian, as defined by the United States

Department of Agriculture, upon reliable information that

tuberculosis exists in any animal in the state, may cause the

tuberculin test to be applied to the herd or group of animals.

Should the owner or owners refuse or neglect to comply with the

instructions of the examining veterinarian, the State Veterinarian

or the authorized agent of the State Veterinarian shall quarantine

the animals, and the quarantine shall prohibit the movement of any

animal or animal products from the premises.

Added by Laws 1955, p. 50, art. 6(G), § 3. Amended by Laws 2000, c.

367, § 55, emerg. eff. June 6, 2000.

§2-6-144.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-145. Movement of animals into state - Testing – Owner

responsibilities - Assistance from sheriff - Fees.

Animals shall be moved or allowed to move into the State of

Oklahoma only in accordance with rules promulgated by the State

Board of Agriculture and regulations of the United States Department

of Agriculture. It shall be the duty of each owner or person in

control of animals in this state to present all animals for testing

when notified by the State Veterinarian or the authorized agent of

the State Veterinarian. The owner or person in control of the

animals shall render any assistance in restraining the animals

required by the State Veterinarian or the authorized agent of the

State Veterinarian. If the owner or person in control neglects or

refuses to present the animals for testing or adequately assist in

restraining them, the State Veterinarian or the authorized agent of

the State Veterinarian may call upon the sheriff of the county for

any necessary assistance. The sheriff shall be paid for the work

the same fees as are collected for the execution of a writ of

Oklahoma Statutes - Title 2. Agriculture

attachment. Unless the fees are paid immediately by the owner or

person in control, the sheriff may seize as many of the animals as

are necessary for the payment of the fees, and after ten (10) days

shall sell the animals to recover the fees and costs accrued.

Added by Laws 1955, p. 50, art. 6(G), § 5. Amended by Laws 2000, c.

367, § 56, emerg. eff. June 6, 2000.

§2-6-146. Retesting.

Retests shall be conducted by the State Veterinarian or

authorized agent in all herds in which initial tests have disclosed

animals affected with tuberculosis at those intervals prescribed by

the State Board of Agriculture for the protection of the work

already done and to preserve the standing of this state under the

regulations of the United States Department of Agriculture.

Added by Laws 1955, p. 51, art. 6(G), § 6. Amended by Laws 2000, c.

367, § 57, emerg. eff. June 6, 2000.

§2-6-147. Classification - Slaughtering.

All animals classified as reactors for tuberculosis shall be

slaughtered within fifteen (15) days following the date of

classification.

Added by Laws 1955, p. 51, art. 6(G), § 7. Amended by Laws 2000, c.

367, § 58, emerg. eff. June 6, 2000.

§2-6-148.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-149. Exemptions from indemnity payments.

No payment of indemnity from state funds shall be made for any

animals found to be tuberculous in the following cases:

1. Unless slaughtered within fifteen (15) days after the date

of classification as reactors;

2. After any test, when the premises containing tuberculous

animals have not been cleaned and disinfected in accordance with the

rules of the State Board of Agriculture and the United States

Department of Agriculture;

3. For any animals belonging to a state or federal supported

institution;

4. For any animals the owner or claimant knew to be diseased at

the time obtained;

5. For any animals unless the entire herd associated with them

has been tested;

6. For any animals which have not been within this state at

least one (1) year prior to being classified as reactors for

tuberculosis; and

Oklahoma Statutes - Title 2. Agriculture

7. For any animals moved intrastate or interstate in violation

of the laws of this or any other state or any of the rules of the

Board or the United States Department of Agriculture.

Added by Laws 1955, p. 51, art. 6(G), § 9. Amended by Laws 2000, c.

367, § 59, emerg. eff. June 6, 2000.

§2-6-150. Definitions.

As used in this Article:

1. “Approved market” means any livestock market, auction, or

stockyard which operates under the specific approval of the United

States Department of Agriculture, the Oklahoma Agricultural Code,

and the rules of the Board;

2. "Approved veterinarian" means a graduate veterinarian

licensed and accredited by the state of origin and the United States

Department of Agriculture, or an authorized veterinary inspector of

the United States Department of Agriculture;

3. “Livestock” means any animal or bird to be imported into the

State of Oklahoma for any purpose;

4. "Official health certificate" or “certificate of veterinary

inspection” means a legible declaration on an official form from the

state of origin or from the United States Department of Agriculture,

issued by an approved veterinarian and approved by the chief

livestock health official of the state of origin;

An official health certificate or certificate of veterinary

inspection shall contain the name and address of the consignor and

consignee, age, sex, number, breed of livestock, and sufficient

identifying marks and/or tags to positively identify the livestock

listed on the health certificate. The health certificate shall also

contain a statement by the approved veterinarian that such livestock

are free from evidence of all contagious, infectious, or

communicable diseases and do not originate from a district of

quarantine, infestation or infection. A health certificate shall be

void thirty (30) days after the date of its issuance. A copy of the

health certificate shall be forwarded to the Oklahoma State

Veterinarian, Oklahoma City, Oklahoma; and

5. “Permit” means written permission by the State Board of

Agriculture to move certain livestock into or within the State of

Oklahoma with or without an official health certificate. A permit

shall contain the name and address of the consignor and the

consignee, and the number, age, sex, and breed of the livestock.

Added by Laws 1967, c. 383, § 1, emerg. eff. May 23, 1967. Amended

by Laws 2000, c. 367, § 60, emerg. eff. June 6, 2000.

§2-6-151. Health certificate or permit required for shipment of

livestock into state – Responsible parties – Exemptions - Diseased

livestock.

Oklahoma Statutes - Title 2. Agriculture

A. 1. It shall be unlawful and deemed a Class D3 felony

offense to ship, transport, or cause to be shipped or transported

any livestock into the State of Oklahoma, unless accompanied by an

official health certificate, permit, or both, which shall be in the

possession of the driver of the vehicle or person in charge of the

livestock.

2. The owner of the livestock, the shipper, and the operator of

the vehicle transporting the livestock shall be equally and

individually responsible for meeting all requirements regarding

health certificates, permits, and the movement of livestock into

this state.

3. An official health certificate or permit shall not be

required for any livestock shipped directly from a farm of origin,

with no diversion in route, to an approved market or slaughtering

establishment operating under state or federal supervision, if a

waybill, bill of lading, or certificate of ownership accompanies the

shipment showing the consignor and the point of origin of the

shipment, and the approved market or slaughtering establishment to

which the livestock are shipped.

B. 1. It shall be unlawful and deemed a Class D3 felony

offense for any livestock that are affected with or that have been

exposed to any infectious, contagious, or communicable disease or

which originate from a quarantined area to be shipped or in any

manner transported or moved into or through the state until written

permission for entry, transportation, or movement is obtained from

the State Board of Agriculture or its authorized agent.

2. A written permit shall not be required for diseased animals

which are approved for interstate shipment under specified

restrictions by the United States Department of Agriculture.

Added by Laws 1967, c. 383, § 2, emerg. eff. May 23, 1967. Amended

by Laws 2000, c. 367, § 61, emerg. eff. June 6, 2000; Laws 2025, c.

486, § 612, eff. Jan. 1, 2026.

§2-6-152. Inspection and quarantine – Condemnation – Quarantine

release.

A. 1. Any authorized agent of the State Board of Agriculture,

or any law enforcement officer of the State of Oklahoma or any

subdivision, shall have the authority to stop the shipment or

movement of any livestock within this state, and the agent or

officer may hold the livestock under quarantine at the owner's risk

and expense for observation, tests, vaccination, dipping, treatment,

inspection, or for any other purposes.

2. The agent or officer may order any and all livestock

unloaded or handled in any manner when the agent or officer finds it

necessary to effect a more complete and thorough inspection or

examination.

Oklahoma Statutes - Title 2. Agriculture

3. If the livestock are found to be affected with any

infectious or communicable disease or condition which poses a threat

to the public health, safety, or welfare, the Board or State

Veterinarian may condemn the livestock and order them slaughtered

immediately. The agent, Board, or State Veterinarian shall not be

liable for the loss in value of any livestock stopped, quarantined,

condemned, or slaughtered under the provisions of this subarticle.

B. No livestock held under quarantine shall be released from

quarantine until a written release, signed by an authorized agent

has been executed.

Added by Laws 1967, c. 383, § 3, emerg. eff. May 23, 1967. Amended

by Laws 2000, c. 367, § 62, emerg. eff. June 6, 2000.

§2-6-153. Documentation to accompany shipments – Information for

exibition.

A. In order to assist in the enforcement of this law and to aid

in determining the point of origin of livestock transported within

the State of Oklahoma, all livestock shall be accompanied by a

health certificate, a bill of sale, or acceptable proof of ownership

of the livestock. All such documents shall disclose the name of the

owner, the name of the consignee, the point of origin, the point of

destination, and a description of the livestock sufficient to

identify them for any purpose.

B. The importation requirements in this subarticle are

applicable to any livestock shipped into or transported within this

state for exhibition purposes.

Added by Laws 1967, c. 383, § 4, emerg. eff. May 23, 1967. Amended

by Laws 2000, c. 367, § 63, emerg. eff. June 6, 2000.

§2-6-154.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-155. Penalties.

Any person violating the provisions of subsections A and B of

Section 6-151 of this title relating to the importation and

transportation of livestock, is guilty of a Class D3 felony offense

and subject to a punishment of imprisonment as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes, or a Two Thousand Dollar ($2,000.00) fine, or both. Any

person violating any of the other provisions of this section,

relating to the importation and transportation of livestock, is

guilty of a misdemeanor and subject to a maximum punishment of six

(6) months in the county jail or a Five Hundred Dollar ($500.00)

fine, or both. Each animal brought into the state in violation of

any of the provisions of this section shall constitute a separate

and distinct violation.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1967, c. 383, § 6, emerg. eff. May 23, 1967. Amended

by Laws 1997, c. 133, § 87, eff. July 1, 1999; Laws 1999, 1st

Ex.Sess., c. 5, § 25, eff. July 1, 1999; Laws 2025, c. 486, § 613,

eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 87 from July 1, 1998, to July 1, 1999.

§2-6-156.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-181. Designation.

This act shall be designated as the "Oklahoma Meat Inspection

Act."

Laws 1968, c. 63, § 1, emerg. eff. March 19, 1968.

§2-6-182. Definitions.

As used in the Oklahoma Meat Inspection Act, except as otherwise

specified, the following terms shall have the meanings stated below:

(a) The term "Board" means the State Board of Agriculture, or

its delegate.

(b) The term "firm" means any partnership, association, or

other unincorporated business organization.

(c) The term "meat broker" means any person, firm or

corporation engaged in the business of buying or selling carcasses,

parts of carcasses, meat, or meat food products of cattle, bison,

sheep, swine, goats, horses, mules, or other equines on commission,

or otherwise negotiating purchases or sales of such articles other

than for his own account or as an employee of another person, firm,

or corporation.

(d) The term "renderer" means any person, firm, or corporation

engaged in the business of rendering carcasses, or parts or products

of the carcasses, of cattle, bison, sheep, swine, goats, horses,

mules, or other equines, except rendering conducted under inspection

under Section 6-181 et seq. of this title.

(e) The term "animal food manufacturer" means any person, firm,

or corporation engaged in the business of manufacturing or

processing animal food derived wholly or in part from carcasses, or

parts or products of the carcasses, of cattle, bison, sheep, swine,

goats, horses, mules, or other equines.

(f) The term "intrastate commerce" means commerce within this

state.

(g) The term "meat food product" means any product capable of

use as human food which is made wholly or in part from any meat or

other portion of the carcass of any cattle, bison, sheep, swine,

goats, horses, mules, or other equines, excepting products which

contain meat or other portions of such carcasses only in a

relatively small proportion or historically have not been considered

Oklahoma Statutes - Title 2. Agriculture

by consumers as products of the meat food industry, and which are

exempted from definition as a meat food product by the Board under

such conditions as it may prescribe to assure that the meat or other

portions of such carcasses contained in such product are not

adulterated and that such products are not represented as meat food

products.

(h) The term "capable of use as human food" shall apply to any

carcass, or part or product of a carcass, of any animal, unless it

is denatured or otherwise identified as required by regulations

prescribed by the Board to deter its use as human food, or it is

naturally inedible by humans.

(i) The term "prepared" means slaughtered, canned, salted,

rendered, boned, cut up, or otherwise manufactured or processed.

(j) The term "adulterated" shall apply to any carcass, part

thereof, meat or meat food product under one or more of the

following circumstances:

(1) if it bears or contains any poisonous or deleterious

substance which may render it injurious to health; but in case the

substance is not an added substance, such article shall not be

considered adulterated under this clause if the quantity of such

substance in or on such article does not ordinarily render it

injurious to health;

(2) (A) if it bears or contains (by reason of administration

of any substance to the live animal or otherwise) any added

poisonous or added deleterious substance (other than one which is

(i) a pesticide chemical in or on a raw agricultural commodity; (ii)

a food additive; or (iii) a color additive) which may, in the

judgment of the Board, make such article unfit for human food;

(B) if it is, in whole or in part, a raw agricultural commodity

and such commodity bears or contains a pesticide chemical which is

unsafe within the meaning of Section 408 of the Federal Food, Drug,

and Cosmetic Act;

(C) if it bears or contains any food additive which is unsafe

within the meaning of Section 409 of the Federal Food, Drug, and

Cosmetic Act;

(D) if it bears or contains any color additive which is unsafe

within the meaning of Section 706 of the Federal Food, Drug, and

Cosmetic Act: Provided, that an article which is not adulterated

under clause (B), (C), or (D) shall nevertheless be deemed

adulterated if use of the pesticide chemical, food additive, or

color additive in or on such article is prohibited by regulations of

the Board in establishments at which inspection is maintained under

Section 6-181 et seq. of this title;

(3) if it consists in whole or in part of any filthy, putrid,

or decomposed substance or is for any other reason unsound,

unhealthful, unwholesome, or otherwise unfit for human food;

Oklahoma Statutes - Title 2. Agriculture

(4) if it has been prepared, packed, or held under unsanitary

conditions whereby it may have become contaminated with filth, or

whereby it may have been rendered injurious to health;

(5) if it is, in whole or in part, the product of an animal

which has died otherwise than by slaughter;

(6) if its container is composed, in whole or in part, of any

poisonous or deleterious substance which may render the contents

injurious to health;

(7) if it has been intentionally subjected to radiation, unless

the use of the radiation was in conformity with a regulation or

exemption in effect pursuant to Section 409 of the Federal Food,

Drug, and Cosmetic Act;

(8) if any valuable constituent has been, in whole or in part,

omitted or abstracted therefrom; or if any substance has been

substituted, wholly or in part, therefor; or if damage or

inferiority has been concealed in any manner; or if any substance

has been added thereto or mixed or packed therewith so as to

increase its bulk or weight, or reduce its quality or strength, or

make it appear better or of greater value than it is; or

(9) if it is margarine containing animal fat and any of the raw

material used therein consisted, in whole or in part, of any filthy,

putrid, or decomposed substance.

(k) The term "misbranded" shall apply to any carcass, part

thereof, meat or meat food product under one or more of the

following circumstances:

(1) if its labeling is false or misleading in any particular;

(2) if it is offered for sale under the name of another food;

(3) if it is an imitation of another food, unless its label

bears, in type of uniform size and prominence, the word "imitation",

and, immediately thereafter, the name of the food imitated;

(4) if its container is so made, formed, or filled as to be

misleading;

(5) if in a package or other container unless it bears a label

showing (A) the name and place of business of the manufacturer,

packer, or distributor; and (B) an accurate statement of the

quantity of the contents in terms of weight, measure, or numerical

count: Provided, that, under clause (B) of this subparagraph (5),

reasonable variations may be permitted, and exemptions as to small

packages may be established, by regulations prescribed by the Board;

(6) if any word, statement, or other information required by or

under authority of this act to appear on the label or other labeling

is not prominently placed thereon with such conspicuousness (as

compared with other words, statements, designs, or devices in the

labeling) and in such terms as to render it likely to be read and

understood by the ordinary individual under customary conditions of

purchase and use;

Oklahoma Statutes - Title 2. Agriculture

(7) if it purports to be or is represented as a food for which

a definition and standard of identity or composition has been

prescribed by regulations of the Board under Section 6-187 of this

title unless (A) it conforms to such definition and standard, and

(B) its label bears the name of the food specified in the definition

and standard and, insofar as may be required by such regulations,

the common names of optional ingredients (other than spices,

flavoring, and coloring) present in such food;

(8) if it purports to be or is represented as a food for which

a standard or standards of fill of container have been prescribed by

regulations of the Board under Section 6-187 of this title, and it

falls below the standard of fill of container applicable thereto,

unless its label bears, in such manner and form as such regulations

specify, a statement that it falls below such standard;

(9) if it is not subject to the provisions of subparagraph (7),

unless its label bears (A) the common or usual name of the food, if

any there be, and (B) in case it is fabricated from two or more

ingredients, the common or usual name of each such ingredient;

except that spices, flavorings, and colorings may, when authorized

by the Board, be designated as spices, flavorings, and colorings

without naming each: Provided, that, to the extent that compliance

with the requirements of clause (B) of this subparagraph (9) is

impracticable, or results in deception or unfair competition,

exemptions shall be established by regulations promulgated by the

Board;

(10) if it purports to be or is represented for special dietary

uses, unless its label bears such information concerning its

vitamin, mineral, and other dietary properties as the Board, after

consultation with the Secretary of Agriculture of the United States,

determines to be, and by regulations prescribes as, necessary in

order fully to inform purchasers as to its value for such uses;

(11) if it bears or contains any artificial flavoring,

artificial coloring, or chemical preservative, unless it bears

labeling stating that fact: Provided, that, to the extent that

compliance with the requirements of this subparagraph (11) is

impracticable, exemptions shall be established by regulations

promulgated by the Board; or

(12) if it fails to bear, directly thereon or on its container,

as the Board may by regulations prescribe, the inspection legend

and, unrestricted by any of the foregoing, such other information as

the Board may require in such regulations to assure that it will not

have false or misleading labeling and that the public will be

informed of the manner of handling required to maintain the article

in a wholesome condition.

(l) The term "label" means a display of written, printed, or

graphic matter upon the immediate container (not including package

liners) of any article.

Oklahoma Statutes - Title 2. Agriculture

(m) The term "labeling" means all labels and other written,

printed, or graphic matter (1) upon any article or any of its

containers or wrappers, or (2) accompanying such article.

(n) The term "Federal Meat Inspection Act" means the act so

entitled approved March 4, 1907 (34 Stat. 1260), as amended by the

Wholesome Meat Act (8 Stat. 584).

(o) The term "Federal Food, Drug, and Cosmetic Act" means the

act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts

amendatory thereof or supplementary thereto.

(p) The term "pesticide chemical", "food additive", "color

additive", and "raw agricultural commodity" shall have the same

meanings for purposes of this act as under the Federal Food, Drug,

and Cosmetic Act.

(q) The term "official mark" means the official inspection

legend or any other symbol prescribed by regulations of the Board to

identify the status of any article or animal under this act.

(r) The term "official inspection legend" means any symbol

prescribed by regulations of the Board showing that an article was

inspected and passed in accordance with this act.

(s) The term "official certificate" means any certificate

prescribed by regulations of the Board for issuance by an inspector

or other person performing official functions under this act.

(t) The term "official device" means any device prescribed or

authorized by the Board for use in applying any official mark.

Added by Laws 1968, c. 63, § 2, emerg. eff. March 19, 1968. Amended

by Laws 1985, c. 38, § 1, eff. Nov. 1, 1985; Laws 2013, c. 2, § 1,

eff. Nov. 1, 2013.

§2-6-182.1. Standards for producers that market and sell beef and

bison in intrastate commerce.

A. Upon approval by the United States Department of

Agriculture, the Oklahoma Department of Agriculture, Food, and

Forestry may establish standards for Oklahoma producers that market

and sell beef and bison in intrastate commerce.

B. The Department is authorized to promulgate rules regarding

slaughter facilities that provide for the following:

1. Establish standards that allow for flexibility in beef and

bison inspection, including, but not limited to, establishing the

number of inspectors at a facility and the use of technologies to

digitally inspect meat;

2. Establish standards for the labeling of beef and bison

products sold intrastate;

3. Establish standards for the number of head over which a

facility shall pay for a state inspector; and

4. Establish any other standards necessary to increase the

ability of producers to market and sell beef and bison in intrastate

commerce.

Oklahoma Statutes - Title 2. Agriculture

C. Any rules promulgated pursuant to this section shall ensure

that food safety will not be compromised in any way and will ensure

that consumers are protected.

Added by Laws 2020, c. 82, § 1, emerg. eff. May 20, 2020.

§2-6-183. Inspection of animals to be slaughtered - Setting apart

of animals - Methods of slaughter - Examination and inspection of

method of slaughter.

A. For the purpose of preventing the use in intrastate

commerce, as hereinafter provided, of meat and meat food products

which are adulterated, the Board shall cause to be made, by

inspectors appointed for that purpose, an examination and inspection

of all cattle, bison, sheep, swine, goats, horses, mules and other

equines before they shall be allowed to enter into any slaughtering,

packing, meat-canning, rendering or similar establishment in this

state in which slaughtering and preparation of meat and meat food

products of such animals are conducted for intrastate commerce; and

all cattle, bison, sheep, swine, goats, horses, mules and other

equines found on such inspection to show symptoms of disease shall

be set apart and slaughtered separately from all other cattle,

bison, sheep, swine, goats, horses, mules or other equines, and when

so slaughtered, the carcasses of said cattle, bison, sheep, swine,

goats, horses, mules or other equines shall be subject to a careful

examination and inspection, all as provided by the rules and

regulations to be prescribed by the Board as herein provided for.

B. For the purpose of preventing the inhumane slaughter of

livestock, the Board shall cause to be made, by inspectors appointed

for that purpose, an examination and inspection of the method by

which cattle, bison, sheep, swine, goats, horses, mules and other

equines are slaughtered and handled in connection with slaughter in

the slaughtering establishments inspected by law. The Board may

refuse to provide inspection to a new slaughtering establishment or

may cause inspection to be temporarily suspended at a slaughtering

establishment if the Board finds that any cattle, bison, sheep,

swine, goats, horses, mules or other equines have been slaughtered

or handled in connection with slaughter at such establishment by any

method not in accordance with this section until the establishment

furnishes assurances satisfactory to the Board that all slaughtering

and handling in connection with slaughter of livestock shall be in

accordance with such method.

C. Either of the following two methods of slaughtering

livestock and handling livestock in connection with slaughter are

hereby found to be humane:

1. In the case of cattle, bison, sheep, swine, goats, horses,

mules or other equines, the animals are rendered insensible to pain

by a single blow or gunshot or an electrical, chemical or other

Oklahoma Statutes - Title 2. Agriculture

means that is rapid and effective, before being shackled, hoisted,

thrown, cast or cut; or

2. By slaughtering in accordance with the ritual requirements

of the Jewish faith or any other religious faith that prescribes a

method of slaughter whereby the animal suffers loss of consciousness

by anemia of the brain caused by the simultaneous and instantaneous

severance of the carotid arteries with a sharp instrument and

handling in connection with such slaughtering.

Added by Laws 1968, c. 63, § 3, emerg. eff. March 19, 1968. Amended

by Laws 1980, c. 35, § 1, eff. Oct. 1, 1980; Laws 1985, c. 38, § 2,

eff. Nov. 1, 1985.

§2-6-184. Postmortem inspection - Marking or stamping.

For the purposes hereinbefore set forth the Board shall cause to

be made by inspectors appointed for that purpose, as hereinafter

provided, a postmortem examination and inspection of the carcasses

and parts thereof of all cattle, bison, sheep, swine, goats, horses,

mules, and other equines, capable of use as human food, to be

prepared at any slaughtering, meat-canning, salting, packing,

rendering, or similar establishment in this state in which such

articles are prepared for intrastate commerce; and the carcasses and

parts thereof of all such animals found to be not adulterated shall

be marked, stamped, tagged, or labeled, as "Inspected and Passed";

and said inspectors shall label, mark, stamp, or tag, as "Inspected

and Condemned", all carcasses and parts thereof of animals found to

be adulterated; and all carcasses and parts thereof thus inspected

and condemned shall be destroyed for food purposes by the said

establishment in the presence of an inspector, and the Board may

remove inspectors from any such establishment which fails to so

destroy any such condemned carcass or part thereof, and said

inspectors, after said first inspection, shall, when they deem it

necessary, reinspect said carcasses or parts thereof to determine

whether, since the first inspection, the same have become

adulterated and if any carcass or any part thereof shall, upon

examination and inspection subsequent to the first examination and

inspection, be found to be adulterated, it shall be destroyed for

food purposes by the said establishment in the presence of an

inspector, and the Board may remove inspectors from any

establishment which fails to destroy any such condemned carcass or

part thereof.

Amended by Laws 1985, c. 38, § 2, eff. Nov. 1, 1985.

§2-6-185. Inspection – Limitation of entry.

A. The Oklahoma Meat Inspection Act shall apply to:

1. All carcasses or parts of carcasses of cattle, bison, sheep,

swine, goats, horses, mules, and other equines or the meat or meat

products thereof, capable of use as human food, which may be brought

Oklahoma Statutes - Title 2. Agriculture

into any slaughtering, meat-canning, salting, packing, rendering, or

similar establishment, where inspection under the Oklahoma Meat

Inspection Act is maintained. Examination and inspection shall be

made before the carcasses or parts thereof shall be allowed to enter

into any department wherein the same are to be treated and prepared

for meat food products; and

2. All such products which, after having been issued from any

such slaughtering, meat-canning, salting, packing, rendering, or

similar establishment, shall be returned to the same or to any

similar establishment where such inspection is maintained.

B. The Board may limit the entry of carcasses, parts of

carcasses, meat and meat food products, and other materials into any

establishment at which inspection under the Oklahoma Meat inspection

Act is maintained, under the conditions as it may prescribe to

assure that allowing the entry of such articles into such inspected

establishments will be consistent with the purposes of the Oklahoma

Meat Inspection Act.

Added by Laws 1968, c. 63, § 5, emerg. eff. March 19, 1968. Amended

by Laws 1985, c. 38, § 4, eff. Nov. 1, 1985; Laws 2000, c. 367, §

64, emerg. eff. June 6, 2000.

§2-6-186. Meat food products - Inspection - Access - Marking or

stamping.

For the purposes hereinbefore set forth, the Board shall cause to

be made by inspectors appointed for that purpose an examination and

inspection of all meat food products prepared in any slaughtering,

meat-canning, salting, packing, rendering, or similar establishment,

where such articles are prepared for intrastate commerce and for the

purposes of any examination and inspection said inspectors shall

have access at all times, by day or night, whether the establishment

be operated or not, to every part of said establishment; and said

inspectors shall mark, stamp, tag, or label as "Oklahoma Inspected

and Passed" all such products found to be not adulterated; and said

inspectors shall label, mark, stamp, or tag as "Oklahoma Inspected

and Condemned" all such products found adulterated, and all such

condemned meat food products shall be destroyed for food purposes,

as hereinbefore provided, and the Board may remove inspectors from

any establishment which fails to so destroy such condemned meat food

products.

Laws 1968, c. 63, § 7, emerg. eff. March 19, 1968.

§2-6-187. Labeling of cans, receptacles or coverings - Standards False or misleading markings - Hearings and appeals.

(a) When any meat or meat food product prepared for intrastate

commerce which has been inspected as hereinbefore provided and

marked "Oklahoma Inspected and Passed" shall be placed or packed in

any can, pot, tin, canvas, or other receptacle or covering in any

Oklahoma Statutes - Title 2. Agriculture

establishment where inspection under the provisions of this act is

maintained, the person, firm, or corporation preparing said product

shall cause a label to be attached to said can, pot, tin, canvas, or

other receptable or covering, under supervision of an inspector,

which label shall state that the contents thereof have been

"Oklahoma Inspected and Passed" under the provisions of this act,

and no inspection and examination of meat or meat food products

deposited or inclosed in cans, tins, pots, canvas, or other

receptable or covering in any establishment where inspection under

the provisions of this act is maintained shall be deemed to be

complete until such meat or meat food products have been sealed or

inclosed in said can, tin, pot, canvas, or other receptacle or

covering under the supervision of an inspector.

(b) All carcasses, parts of carcasses, meat and meat food

products inspected at any establishment under the authority of this

act and found to be not adulterated, shall at the time they leave

the establishment bear, in distinctly legible form, directly thereon

or on their containers, as the Board may require, the information

required under paragraph (k) of Section 1 of this act.

(c) The Board, whenever it determines such action is necessary

for the protection of the public, may prescribe: (1) the styles and

sizes of type to be used with respect to material required to be

incorporated in labeling to avoid false or misleading labeling of

any articles or animals subject to Sections 1 through 20 of this

act; (2) definitions and standards of identity or composition for

articles subject to Sections 1 through 16 and standards of fill of

container for such articles not inconsistent with any such standards

established under the Federal Food, Drug, and Cosmetic Act, or under

the Federal Meat Inspection Act, and there shall be consultation

between the Board and the Secretary of Agriculture of the United

States prior to the issuance of such standards to avoid

inconsistency between such standards and the Federal standards.

(d) No article subject to Sections 1 through 16 of this act

shall be sold or offered for sale by any person, firm, or

corporation, in intrastate commerce, under any name or other marking

or labeling which is false or misleading, or in any container of a

misleading form or size, but established trade names and other

marking and labeling and containers which are not false or

misleading and which are approved by the Board are permitted.

(e) If the Board has reason to believe that any marking or

labeling or the size or form of any container in use or proposed for

use with respect to any article subject to Sections 1 through 16 is

false or misleading in any particular, it may direct that such use

be withheld, unless the marking, labeling, or container is modified

in such manner as it may prescribe so that it will not be false or

misleading. If the person, firm, or corporation using or proposing

to use the marking, labeling or container does not accept the

Oklahoma Statutes - Title 2. Agriculture

determination of the Board, such person, firm, or corporation may

request a hearing, but the use of the marking, labeling, or

container shall, if the Board so directs, be withheld pending

hearing and final determination by the Board. Any such

determination by the Board shall be conclusive unless, within thirty

(30) days after receipt of notice of such final determination, the

person, firm, or corporation adversely affected thereby appeals to

the District Court of Oklahoma County.

Added by Laws 1968, c. 63, § 7, emerg. eff. March 19, 1968.

§2-6-188. Establishments - Inspections - Sanitary conditions.

The Board shall cause to be made, by competent inspectors, such

inspection of all slaughtering, meat-canning, salting, packing,

rendering, or similar establishments in which cattle, bison, sheep,

swine, goats, horses, mules, and other equines are slaughtered and

the meat and meat food products thereof are prepared for intrastate

commerce as may be necessary to inform itself concerning the

sanitary conditions of the same and to prescribe the rules and

regulations of sanitation under which such establishments shall be

maintained; and where the sanitary conditions of any such

establishment are such that the meat or meat food products are

rendered adulterated, it shall refuse to allow said meat or meat

food products to be labeled, marked, stamped, or tagged as "Oklahoma

Inspected and Passed", and the Board may remove inspectors from any

establishment which fails to maintain said establishment in a

sanitary manner.

Amended by Laws 1985, c. 38, § 5, eff. Nov. 1, 1985.

§2-6-189. Nighttime inspections.

The Board shall cause an examination and inspection of all

cattle, bison, sheep, swine, goats, horses, mules, and other

equines, and the food products thereof, slaughtered and prepared in

the establishments hereinbefore described for the purposes of

intrastate commerce to be made during the nighttime as well as

during the daytime when the slaughtering of said cattle, bison,

sheep, swine, goats, horses, mules, and other equines, or the

preparation of said food products, is conducted during the

nighttime.

Amended by Laws 1985, c. 38, § 6, eff. Nov. 1, 1985.

§2-6-190. Compliance with act - Acts prohibited.

No person, firm or corporation shall, with respect to any

cattle, bison, sheep, swine, goats, horses, mules or other equines,

or any carcasses, parts of carcasses, meat or meat food products of

any such animals:

(a) Slaughter any such animals or prepare any such articles

which are capable of use as human food at any establishment

Oklahoma Statutes - Title 2. Agriculture

preparing such articles for intrastate commerce, except in

compliance with the requirements of this act. Any person who

violates the provisions of this paragraph shall, upon conviction, be

guilty of a Class D3 felony offense and shall be punished by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes;

(b) Slaughter or handle in connection with slaughter any such

animals in any manner not in accordance with Section 6-183 of this

title. Any person who violates the provisions of this paragraph

shall, upon conviction, be guilty of a Class D3 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes;

(c) Sell, transport, offer for sale or transportation, or

receive for transportation, in intrastate commerce, (1) any such

articles which (A) are capable of use as human food, and (B) are

adulterated or misbranded at the time of such sale, transportation,

offer for sale or transportation, or receipt for transportation; or

(2) any articles required to be inspected under Sections 6-181

through 6-196 of this title unless they have been so inspected and

passed;

(d) Do, with respect to any such articles which are capable of

use as human food, any act while they are being transported in

intrastate commerce or held for sale after such transportation,

which is intended to cause or has the effect of causing such

articles to be adulterated or misbranded.

Amended by Laws 1985, c. 38, § 7, eff. Nov. 1, 1985; Laws 2025, c.

486, § 614, eff. Jan. 1, 2026.

§2-6-191. Forging of official marks or certificates.

(a) No brand manufacturer, printer, or other person, firm, or

corporation shall cast, print, lithograph, or otherwise make any

device containing any official mark or simulation thereof, or any

label bearing any such mark or simulation, or any form of official

certificate or simulation thereof, except as authorized by the

Board.

(b) No person, firm, or corporation shall

(1) forge any official device, mark, or certificate;

(2) without authorization from the Board use any official

device, mark, or certificate, or simulation thereof, or alter,

detach, deface, or destroy any official device, mark, or

certificate;

(3) contrary to the regulations prescribed by the Board, fail

to use, or to detach, deface, or destroy any official device, mark,

or certificate;

(4) knowingly possess, without promptly notifying the Board or

its representative, any official device or any counterfeit,

simulated, forged, or improperly altered official certificate or any

Oklahoma Statutes - Title 2. Agriculture

device or label or any carcass of any animal, or part or product

thereof, bearing any counterfeit, simulated, forged, or improperly

altered official mark;

(5) knowingly make any false statement in any shipper's

certificate or other nonofficial or official certificate provided

for in the regulations prescribed by the Board; or

(6) knowingly represent that any article has been inspected and

passed, or exempted, under this act, when, in fact, it has,

respectively, not been so inspected and passed, or exempted.

(c) Any person who violates the provisions of this section

shall, upon conviction, be guilty of a Class D3 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes.

Added by Laws 1968, c. 63, § 11, emerg. eff. March 19, 1968.

Amended by Laws 2025, c. 486, § 615, eff. Jan. 1, 2026.

§2-6-192. Horse meat.

A. It shall be unlawful and deemed a Class D3 felony offense

for any person to sell, offer or exhibit for sale, or have in his or

her possession with intent to sell, any quantity of horsemeat for

human consumption in Oklahoma. Any person who violates the

provisions of this subsection shall, upon conviction, be guilty of a

Class D3 felony offense and shall be punished by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes.

B. It shall be unlawful for any person to transfer the

possession of any horsemeat to any other person when the person so

transferring knows, or in the exercise of a reasonable discretion

should have known, that the person receiving the horsemeat intends

to sell it in this state, offer it for sale in this state, exhibit

it for sale in this state, or keep it in his possession with intent

to sell it for human consumption in this state.

C. No person, firm, or corporation shall sell in this state,

transport, offer for sale in this state or transportation, or

receive for transportation, in intrastate commerce, any carcasses of

horses, mules, or other equines or parts of such carcasses, or the

meat or meat food products thereof, unless they are plainly and

conspicuously marked or labeled or otherwise identified as required

by regulations prescribed by the Board to show the kinds of animals

from which they were derived. When required by the Board with

respect to establishments at which inspection is maintained under

Section 6-181 et seq. of this title, such animals and their

carcasses, parts thereof, meat and meat food products shall be

prepared in establishments separate from those in which cattle,

sheep, swine, or goats are slaughtered or their carcasses, parts

thereof, meat or meat food products are prepared.

Oklahoma Statutes - Title 2. Agriculture

D. The State Commissioner of Health or his or her authorized

representative shall have free access to any transport vehicle,

factory, warehouse or establishment in which horsemeat or feed

suspected of containing horsemeat is transported, manufactured,

processed, packed, sold, or prepared for serving to secure, after

payment or offer to pay therefor, samples or specimens of such

products found therein, to examine any and all sales records,

shipping records relating to foods or horsemeat, to embargo any

article of food or horsemeat suspected of being in violation of law,

and to determine whether any law is being violated.

E. For the purpose of this section:

1. The term "horsemeat" shall mean the meat or flesh of any

animal of the equine genus;

2. The term "package" or "container" shall mean the original,

properly labeled package or container in which the horsemeat was

packaged by the packer or processor at the point of origin; and

3. The term "properly labeled" shall mean a display of written,

printed or graphic matter upon the outside package or container, or

wrapper if there be one, stating the name and address of the

original packer or processor, and in addition thereto shall include

the word "horsemeat". All letters and words of the label shall be

legible and of such size as to be easily read and understood by the

ordinary individual under customary conditions of purchase and use.

Added by Laws 1968, c. 63, § 12, emerg. eff. March 19, 1968.

Amended by Laws 2013, c. 2, § 2, eff. Nov. 1, 2013; Laws 2025, c.

486, § 616, eff. Jan. 1, 2026.

§2-6-193. Appointment of inspectors - Rules and regulations.

The Board shall appoint from time to time inspectors to make

examination and inspection of all cattle, sheep, swine, goats,

horses, mules, and other equines, the inspection of which is hereby

provided for, and of all carcasses and parts thereof, and of all

meat and meat food products thereof, and of the sanitary conditions

of all establishments in which such meat and meat food products

hereinbefore described are prepared; and said inspectors shall

refuse to stamp, mark, tag or label any carcass or any part thereof,

or meat food product therefrom, prepared in any establishment

hereinbefore mentioned, until the same shall have actually been

inspected and found to be not adulterated; and shall perform such

other duties as are provided by this act and by the rules and

regulations to be prescribed by said Board and said Board shall,

from time to time, make such rules and regulations as are necessary

for the efficient execution of the provisions of this act, and all

inspections and examinations made under this act shall be such and

made in such manner as described in the rules and regulations

prescribed by said Board not inconsistent with the provisions of

this act.

Oklahoma Statutes - Title 2. Agriculture

Laws 1968, c. 63, § 13, emerg. eff. March 19, 1968.

§2-6-194. Bribery - Penalties.

Any person, firm, or corporation, or any agent or employee of

any person, firm, or corporation, who shall give, pay, or offer,

directly or indirectly, to any inspector, deputy inspector, chief

inspector, or any other officer or employee of this state authorized

to perform any of the duties prescribed by this act or by the rules

of the Board, any money or other thing of value, with intent to

influence said inspector, deputy inspector, chief inspector, or

other officer or employee of this state in the discharge of any duty

herein provided for, shall be deemed guilty of a Class D3 felony

offense, upon conviction thereof, and shall be punished by a fine

not less than Five Thousand Dollars ($5,000.00) nor more than Ten

Thousand Dollars ($10,000.00) and by imprisonment as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes; and any inspector, deputy inspector, chief inspector, or

other officer or employee of this state authorized to perform any of

the duties prescribed by this act who shall accept any money, gift,

or other thing of value from any person, firm, or corporation, or

officers, agents, or employees thereof, given with intent to

influence his official action, or who shall receive or accept from

any person, firm, or corporation engaged in intrastate commerce any

gift, money, or other thing of value given with any purpose or

intent whatsoever, shall be deemed guilty of a Class D3 felony

offense and shall, upon conviction thereof, be summarily discharged

from office and shall be punished by a fine not less than One

Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars

($10,000.00) and by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes.

Added by Laws 1968, c. 63, § 14, emerg. eff. March 19, 1968.

Amended by Laws 1997, c. 133, § 89, eff. July 1, 1999; Laws 1999,

1st Ex.Sess., c. 5, § 27, eff. July 1, 1999; Laws 2025, c. 486, §

617, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 89 from July 1, 1998, to July 1, 1999.

§2-6-195. Exemptions.

A. The provisions of Sections 6-181 through 6-196 of this title

requiring inspection of the slaughter of animals and the preparation

of the carcasses, parts thereof, meat and meat food products at

establishments conducting such operations shall not apply:

1. To the slaughtering of animals of a person’s own raising,

and the preparation and transportation in intrastate commerce of the

carcasses, parts thereof, meat and meat food products of such

animals exclusively for use by a person and members of a person’s

household and nonpaying guests and employees; nor

Oklahoma Statutes - Title 2. Agriculture

2. To the custom slaughter by any person, firm, or corporation

of cattle, bison, sheep, swine or goats delivered by the owner

thereof for such slaughter, and the preparation by such slaughterer

and transportation in intrastate commerce of the carcasses, parts

thereof, meat and meat food products of such animals, exclusively

for use in the household of such owner, by the owner and members of

the owner’s household and nonpaying guests and employees.

B. The provisions of this act requiring inspection of the

slaughter of animals and the preparation of carcasses, parts

thereof, meat and meat food products shall not apply to operations

of types traditionally and usually conducted at retail stores and

restaurants, when conducted at any retail store or restaurant or

similar retail type establishment for sale in normal retail

quantities or service of such articles to consumers at such

establishments.

C. The slaughter of animals and preparation of articles

referred to in paragraph 2 of subsection A and subsection B of this

section shall be conducted in accordance with such sanitary

conditions as the Board may by regulations prescribe. Violation of

any such regulation is prohibited.

D. The humane slaughter and handling of animals and the

adulteration and misbranding provisions of Sections 6-181 through 6196 of this title, other than the requirement of the inspection

legend, shall apply to articles which are not required to be

inspected under this section.

Added by Laws 1968, c. 63, § 15, emerg. eff. March 19, 1968.

Amended by Laws 1978, c. 70, § 1; Laws 1985, c. 38, § 8, eff. Nov.

1, 1985; Laws 2010, c. 90, § 1, emerg. eff. April 12, 2010.

§2-6-196. Storing and handling - Regulations.

The Board may, by regulations, prescribe conditions under which

carcasses, parts of carcasses, meat, and meat food products of

cattle, bison, sheep, swine, goats, horses, mules, or other equines,

capable of use as human food, shall be stored or otherwise handled

by any person, firm, or corporation engaged in the business of

buying, selling, freezing, storing, or transporting, in or for

intrastate commerce, such articles, whenever the Board deems such

action necessary to assure that such articles will not be

adulterated or misbranded when delivered to the consumer. Violation

of any such regulation is prohibited.

Amended by Laws 1985, c. 38, § 9, eff. Nov. 1, 1985.

§2-6-197. Articles not intended as human food.

Inspection shall not be provided under Sections 181 et seq. of

this title at any establishment for the slaughter of cattle, bison,

sheep, swine, goats, horses, mules, or other equines, or the

preparation of any carcasses or parts or products of such animals

Oklahoma Statutes - Title 2. Agriculture

which are not intended for use as human food, but such articles

shall, prior to their offer for sale or transportation in intrastate

commerce, unless naturally inedible by humans, be denatured or

otherwise identified as prescribed by regulations of the Board to

deter their use for human food. No person, firm, or corporation

shall buy, sell, transport, or offer for sale or transportation, or

receive for transportation, in intrastate commerce, any carcasses,

parts thereof, meat or meat food products of any such animals, which

are not intended for use as human food unless they are denatured or

otherwise identified as required by the regulations of the Board or

are naturally inedible by humans. Any person who violates the

provisions of this section shall, upon conviction, be guilty of a

Class D3 felony offense and shall be punished by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes.

Amended by Laws 1985, c. 38, § 10, eff. Nov. 1, 1985. Amended by

Laws 2025, c. 486, § 618, eff. Jan. 1, 2026.

§2-6-198. Records.

(a) The following classes of persons, firms, and corporations

shall keep such records as will fully and correctly disclose all

transactions involved in their businesses; and all persons, firms,

and corporations subject to such requirements shall, at all

reasonable times, upon notice by a duly authorized representative of

the Board, afford such representative and any duly authorized

representative of the Secretary of Agriculture of the United States

accompanied by such representative of the Board access to their

places of business and opportunity to examine the facilities,

inventory, and records thereof, to copy all such records, and to

take reasonable samples of their inventory upon payment of the fair

market value therefor:

(1) Any persons, firms, or corporations that engage, for

intrastate commerce, in the business of slaughtering any cattle,

bison, sheep, swine, goats, horses, mules, or other equines, or

preparing, freezing, packaging, or labeling any carcasses, or parts

or products of carcasses, of any such animals, for use as human food

or animal food;

(2) Any persons, firms, or corporations that engage in the

business of buying or selling (as meat brokers, wholesalers or

otherwise), or transporting, in intrastate commerce, or storing in

or for such commerce, any carcasses, or parts or products of

carcasses, of any such animals;

(3) Any persons, firms, or corporations that engage in

business, in or for intrastate commerce, as renderers, or engage in

the business of buying, selling, or transporting, in such commerce,

any dead, dying, disabled, or diseased cattle, bison, sheep, swine,

Oklahoma Statutes - Title 2. Agriculture

goats, horses, mules, or other equines, or parts of the carcasses of

any such animals that died otherwise than by slaughter.

(b) Any record required to be maintained by this section shall

be maintained for such period of time as the Board may by

regulations prescribe.

Amended by Laws 1985, c. 38, § 11, eff. Nov. 1, 1985.

§2-6-199. Registration of certain businesses.

No person, firm, or corporation shall engage in business, in or

for intrastate commerce, as a meat broker, renderer, or animal food

manufacturer, or engage in business in such commerce as a wholesaler

of any carcasses, or parts or products of the carcasses, of any

cattle, bison, sheep, swine, goats, horses, mules, or other equines,

whether intended for human food or other purposes, or engage in

business as a public warehouseman storing any such articles in or

for such commerce, or engage in the business of buying, selling, or

transporting in such commerce any dead, dying, disabled, or diseased

animals of the specified kinds, or parts of the carcasses of any

such animals that died otherwise than by slaughter, unless, when

required by regulations of the Board, he has registered with the

Board his name, and the address of each place of business at which

and all trade names under which he conducts such business. Any

person who violates the provisions of this section shall, upon

conviction, be guilty of a Class D3 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

of Section 20P of Title 21 of the Oklahoma Statutes.

Added by Laws 1955, p. 42, art. 6(A), § 2. Amended by Laws 2025, c.

486, § 619, eff. Jan. 1, 2026.

§2-6-200. Dead, dying or disabled animals - Regulations concerning.

No person, firm, or corporation engaged in the business of

buying, selling, or transporting in intrastate commerce dead, dying,

disabled, or diseased animals, or any part of the carcasses of any

animals that died otherwise than by slaughter, shall buy, sell,

transport, offer for sale or transportation, or receive for

transportation, in such commerce, any dead, dying, disabled, or

diseased cattle, bison, sheep, swine, goats, horses, mules or other

equines, or parts of the carcasses of any such animals that died

otherwise than by slaughter, unless such transaction or

transportation is made in accordance with such regulations as the

Board prescribes to assure that such animals, or the unwholesome

parts or products thereof, will be prevented from being used for

human food purposes. Any person who violates the provisions of this

section shall, upon conviction, be guilty of a Class D3 felony

offense and shall be punished by imprisonment as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes.

Oklahoma Statutes - Title 2. Agriculture

Amended by Laws 1985, c. 38, § 13, eff. Nov. 1, 1985; Laws 2025, c.

486, § 620, eff. Jan. 1, 2026.

§2-6-201. Cooperation with Federal Government.

(a) The Oklahoma State Board of Agriculture is hereby

designated as the state agency which shall be responsible for

cooperating with the Secretary of Agriculture of the United States

under the provisions of Section 301 of the Federal Meat Inspection

Act and such agency may cooperate with the Secretary of Agriculture

of the United States in developing and administering the meat

inspection program of this state under this act to assure that not

later than November 15, 1969, its requirements will be at least

equal to those imposed under Titles I and IV of the Federal Meat

Inspection Act and in developing and administering the program of

this state under Section 6-197 et seq. of this title in such a

manner as will effectuate the purposes of this act and said Federal

Act.

(b) In such cooperative efforts, the Oklahoma State Board of

Agriculture is authorized to accept from said Secretary advisory

assistance in planning and otherwise developing the state program,

technical and laboratory assistance and training (including

necessary curricular and instructional materials and equipment), and

financial and other aid for administration of such a program. The

Oklahoma State Board of Agriculture is further authorized to spend

public funds of this state appropriated for administration of this

act.

(c) The Oklahoma State Board of Agriculture is further

authorized to recommend to the said Secretary of Agriculture such

officials or employees of this state as the Oklahoma State Board of

Agriculture shall designate, for appointment to the advisory

committees provided for in Section 301 of the Federal Meat

Inspection Act; and the President of the Oklahoma State Board of

Agriculture shall serve as the representative of the Governor for

consultation with said Secretary under paragraph (c) of Section 301

of said act, unless the Governor shall select another

representative.

Amended by Laws 1986, c. 309, § 10, operative July 1, 1986.

§2-6-202. Refusal or withdrawal of inspection.

The Board may (for such period, or indefinitely, as it deems

necessary to effectuate the purposes of this act) refuse to provide,

or withdraw, inspection service under Sections 1 through 16 of this

act with respect to any establishment if it determines, after

opportunity for a hearing is accorded to the applicant for, or

recipient of, such service, that such applicant or recipient is

unfit to engage in any business requiring inspection under Sections

1 through 16 of this act because the applicant or recipient, or

Oklahoma Statutes - Title 2. Agriculture

anyone responsibly connected with the applicant or recipient, has

been convicted, in any federal or state court of (1) any felony, or

(2) more than one (1) violation of any law, other than a felony,

based upon the acquiring, handling, or distributing of unwholesome,

mislabeled, or deceptively packaged food or upon fraud in connection

with transactions in food. This section shall not affect in any way

other provisions of this act for withdrawal of inspection services

under Sections 1 through 16 from establishments failing to maintain

sanitary conditions or to destroy condemned carcasses, parts, meat

or meat food products.

For the purpose of this section a person shall be deemed to be

responsibly connected with the business if he was a partner,

officer, director, holder, or owner of ten percent (10%) or more of

its voting stock or employee in a managerial or executive capacity.

The determination and order of the Board with respect thereto under

this section shall be final and conclusive unless the affected

applicant for, or recipient of, inspection service files application

for judicial review within thirty (30) days after the effective date

of such order in the appropriate court as provided in Section 25.

Judicial review of any such order shall be upon the record upon

which the determination and order are based.

Laws 1968, c. 63, § 22, emerg. eff. March 19, 1968.

§2-6-203. Detention of animals or products.

Whenever any carcass, part of a carcass, meat or meat food

product of cattle, bison, sheep, swine, goats, horses, mules, or

other equines, or any product exempted from the definition of a meat

food product, or any dead, dying, disabled, or diseased cattle,

bison, sheep, swine, goat, or equine is found by any authorized

representative of the Board upon any premises where it is held for

purposes of or during or after distribution in intrastate commerce,

and there is reason to believe that any such article is adulterated

or misbranded and is capable of use as human food, or that it has

not been inspected, in violation of the provisions of Sections 6-181

et seq. of this title or of the Federal Meat Inspection Act or the

Federal Food, Drug, and Cosmetic Act, or that such article or animal

has been or is intended to be distributed in violation of any such

provisions, it may be detained by such representative for a period

not to exceed twenty (20) days, pending action under Section 6-204

of this title or notification of any federal authorities having

jurisdiction over such article or animal, and shall not be moved by

any person, firm, or corporation from the place at which it is

located when so detained, until released by such representative. All

official marks may be required by such representative to be removed

from such article or animal before it is released unless it appears

to the satisfaction of the Board that the article or animal is

eligible to retain such marks.

Oklahoma Statutes - Title 2. Agriculture

Laws 1968, c. 63, § 22, emerg. eff. March 19, 1968.

§2-6-204. Seizure and condemnation.

(a) Any carcass, part of a carcass, meat or meat food product of

cattle, bison, sheep, swine, goats, horses, mules or other equines,

or any dead, dying, disabled, or diseased cattle, bison, sheep,

swine, goat, or equine, that is being transported in intrastate

commerce, or is held for sale in this state after such

transportation, and that (1) is or has been prepared, sold,

transported, or otherwise distributed or offered or received for

distribution in violation of this act, or (2) is capable of use as

human food and is adulterated or misbranded, or (3) in any other way

is in violation of this act, shall be liable to be proceeded against

and seized and condemned, at any time, on an information filed in

any proper court as provided in Section 6-205 of this title within

the jurisdiction of which the article or animal is found. If the

article or animal is condemned it shall, after entry of the decree,

be disposed of by destruction or sale as the court may direct and

the proceeds, if sold, less the court costs and fees, and storage

and other proper expenses, shall be paid into the treasury of this

state, but the article or animal shall not be sold contrary to the

provisions of this act, or the Federal Meat Inspection Act or the

Federal Food, Drug, and Cosmetic Act, provided, that upon the

execution and delivery of a good and sufficient bond conditioned

that the article or animal shall not be sold or otherwise disposed

of contrary to the provisions of this act, or the laws of the United

States, the court may direct that such article or animal be

delivered to the owner thereof subject to such supervision by

authorized representatives of the Board as is necessary to ensure

compliance with the applicable laws. When a decree of condemnation

is entered against the article or animal and it is released under

bond, or destroyed, court costs and fees, and storage and other

proper expenses shall be awarded against the person, if any,

intervening as claimant of the article or animal. The proceedings

shall be at the suit of and in the name of this state.

(b) The provisions of this section shall in no way derogate from

authority for condemnation or seizure conferred by other provisions

of this act, or other laws.

Amended by Laws 1985, c. 38, § 15, eff. Nov. 1, 1985.

§2-6-205. District courts - Jurisdiction.

The district courts are vested with jurisdiction specifically to

enforce and to prevent and restrain violations of this act, and

shall have jurisdiction in all other kinds of cases arising under

this act, except as provided in Section 7(e) of this act.

Laws 1968, c. 63, § 25, emerg. eff. March 19, 1968.

Oklahoma Statutes - Title 2. Agriculture

§2-6-206. Interference with persons engaged in official duties Penalties.

Any person who forcibly assaults, resists, opposes, impedes,

intimidates, or interferes with any person while engaged in or on

account of the performance of his official duties under this act

shall be guilty of a felony and fined not more than Five Thousand

Dollars ($5,000.00) or imprisoned not more than three (3) years, or

both. Whoever, in the commission of any such acts, uses a deadly or

dangerous weapon shall be guilty of a felony and fined not more than

Ten Thousand Dollars ($10,000.00), or imprisoned not more than ten

(10) years, or both. Whoever kills any person while engaged in or

on account of the performance of his official duties under this act

shall be punished as provided under Section 691 of Title 21 of the

Oklahoma Statutes.

Added by Laws 1968, c. 63, § 26, emerg. eff. March 19, 1968.

Amended by Laws 1997, c. 133, § 90, eff. July 1, 1999; Laws 1999,

1st Ex.Sess., c. 5, § 28, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 90 from July 1, 1998, to July 1, 1999.

§2-6-207. Violations and penalties.

(a) Any person, firm, or corporation who violates any provision

of the Oklahoma Meat Inspection Act for which no other criminal

penalty is provided by this act shall upon conviction be subject to

imprisonment for not more than one (1) year, or a fine of not more

than One Thousand Dollars ($1,000.00), or both such imprisonment and

fine; but if such violation involves intent to defraud, or any

distribution or attempted distribution of an article that is

adulterated (except as defined in subparagraph (8) of paragraph (j)

of Section 6-182 of this title), such person, firm, or corporation

shall be guilty of a Class D3 felony offense and shall be subject to

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or a fine of not more than

Ten Thousand Dollars ($10,000.00), or both; provided, that no

person, firm, or corporation shall be subject to penalties under

this section for receiving for transportation any article or animal

in violation of this act if such receipt was made in good faith,

unless such person, firm, or corporation refuses to furnish on

request of a representative of the Board the name and address of the

person from whom he received such article or animal, and copies of

all documents, if any there be, pertaining to the delivery of the

article or animal to him.

(b) Nothing in this act shall be construed as requiring the

Board to report for prosecution, or for the institution of legal

action or injunction proceedings, minor violations of this act

whenever it believes that the public interest will be adequately

served by a suitable written notice of warning.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1968, c. 63, § 27, emerg. eff. March 19, 1968.

Amended by Laws 1997, c. 133, § 88, eff. July 1, 1999; Laws 1999,

1st Ex.Sess., c. 5, § 26, eff. July 1, 1999; Laws 2025, c. 486, §

621, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 88 from July 1, 1998, to July 1, 1999.

§2-6-208. Powers of Board.

(a) The Board shall also have power:

(1) To gather and compile information concerning and to

investigate from time to time the organization, business, conduct,

practices, and management of any person, firm, or corporation

engaged in intrastate commerce, and the relation thereof to other

persons, firms, and corporations;

(2) To require, by general or special orders, persons, firms,

and corporations engaged in intrastate commerce, or any class of

them, or any of them to file with the Board in such form as the

Board may prescribe, annual or special, or both annual and special,

reports or answers, in writing, to specific questions, furnishing to

the Board such information as it may require as to the organization,

business, conduct, practices, management, and relation to other

persons, firms, and corporations, of the person, firm, or

corporation filing such reports or answers in writing. Such reports

and answers shall be made under oath, or otherwise, as the Board may

prescribe, and shall be filed with the Board within such reasonable

period as the Board may prescribe, unless additional time be granted

in any case by the Board.

(b) For the purposes of this act the Board shall at all

reasonable times have access to, for the purpose of examination, and

the right to copy any documentary evidence of any person, firm, or

corporation being investigated or proceeded against, and may require

by subpoena the attendance and testimony of witnesses and the

production of all documentary evidence of any person, firm, or

corporation relating to any matter under investigation. The Board

may sign subpoenas and may administer oaths and affirmations,

examine witnesses, and receive evidence.

(1) Such attendance of witnesses and the production of such

documentary evidence may be required at any designated place of

hearing. In case of disobedience to a subpoena the Board may invoke

the aid of any court designated in Section 6-205 of this title in

requiring the attendance and testimony of witnesses and the

production of documentary evidence.

(2) Any of the courts designated in Section 6-205 of this title

within the jurisdiction of which such inquiry is carried on may, in

case of contumacy or refusal to obey a subpoena issued to any

person, firm, or corporation, issue an order requiring such person,

firm, or corporation to appear before the Board or to produce

Oklahoma Statutes - Title 2. Agriculture

documentary evidence if so ordered, or to give evidence touching the

matter in question; and any failure to obey such order of the court

may be punished by said court as a contempt thereof.

(3) Upon the application of the Attorney General of this state

at the request of the Board, the district court shall have

jurisdiction to issue writs of mandamus commanding any person, firm,

or corporation to comply with the provisions of this act or any

order of the Board made in pursuance thereof.

(4) The Board may order testimony to be taken by deposition in

any proceeding or investigation pending under this act at any stage

of such proceeding or investigation. Such depositions may be taken

before any person designated by the Board and having power to

administer oaths. Such testimony shall be reduced to writing by the

person taking the deposition or under his direction, and shall then

be subscribed by the deponent. Any person may be compelled to

appear and depose and to produce documentary evidence in the same

manner as witnesses may be compelled to appear and testify and

produce documentary evidence before the Board as hereinbefore

provided.

(5) Witnesses summoned before the Board shall be paid the same

fees and mileage that are paid witnesses in the courts of this

state, and witnesses whose depositions are taken and the persons

taking the same shall severally be entitled to the same fees as are

paid for like services in such courts, except the person or

representatives of the firm or corporation charged with a violation

and so summoned shall not be paid the fees and mileage that are paid

witnesses.

(6) No person, firm, or corporation shall be excused from

attending and testifying or from producing books, papers, schedules

of charges, contracts, agreements, or other documentary evidence

before the Board or in obedience to the subpoena of the Board,

whether such subpoena be signed or issued by it or its delegate, or

in any cause or proceeding, criminal or otherwise, based upon or

growing out of any alleged violation of this act, or of any

amendments thereto, on the ground or for the reason that the

testimony or evidence, documentary or otherwise, required of him or

it may tend to incriminate him or it or subject him or it to a

penalty or forfeiture; but no person shall be prosecuted or

subjected to any penalty or forfeiture for or on account of any

transaction, matter, or thing concerning which he is compelled,

after having claimed his privilege against self-incrimination, to

testify or produce evidence, documentary or otherwise, except that

any person so testifying shall not be exempt from prosecution and

punishment for perjury committed in so testifying.

(c) Any person, firm, or corporation that shall neglect or

refuse to attend and testify or to answer any lawful inquiry, or to

produce documentary evidence, if in his or its power to do so, in

Oklahoma Statutes - Title 2. Agriculture

obedience to the subpoena or lawful requirement of the Board shall

be guilty of an offense and upon conviction thereof by a court of

competent jurisdiction shall be punished by a fine of not more than

One Thousand Dollars ($1,000.00), or by imprisonment for not more

than one (1) year, or by both such fine and imprisonment.

(1) Any person, firm, or corporation that shall willfully make,

or cause to be made, any false entry or statement of fact in any

report required to be made under this act, or that shall willfully

make, or cause to be made, any false entry in any account, record,

or memorandum kept by any person, firm, or corporation subject to

this act or that shall willfully neglect or fail to make, or to

cause to be made, full, true, and correct entries in such accounts,

records, or memoranda, of all facts and transactions appertaining to

the business of such person, firm, or corporation, or that shall

willfully remove out of the jurisdiction of this state, or willfully

mutilate, alter, or by any other means falsify any documentary

evidence of any such person, firm, or corporation or that shall

willfully refuse to submit to the Board or to any of its authorized

agents, for the purpose of inspection and taking copies, any

documentary evidence of any such person, firm, or corporation in his

possession or within his control, shall be deemed guilty of a

felony. Such person shall be subject, upon conviction in any court

of competent jurisdiction, to a fine of not more than Five Thousand

Dollars ($5,000.00), or to imprisonment for a term of not more than

three (3) years, or to both such fine and imprisonment.

(2) If any person, firm, or corporation required by this act to

file any annual or special report shall fail so to do within the

time fixed by the Board for filing the same, and such failure shall

continue for thirty (30) days after notice of such default, such

person, firm, or corporation shall forfeit to this state the sum of

One Hundred Dollars ($100.00) for each and every day of the

continuance of such failure, which forfeiture shall be payable into

the treasury of this state, and shall be recoverable in a civil suit

in the name of the state brought in the county where the person,

firm, or corporation has his or its principal office or in any

county in which he or it shall do business. It shall be the duty of

the various district attorneys, under the direction of the Attorney

General of this state, to prosecute for the recovery of such

forfeitures. The costs and expenses of such prosecution shall be

paid out of the appropriation for the expenses of the courts of this

state.

(3) Any officer or employee of this state who shall make public

any information obtained by the Board without its authority, unless

directed by a court, shall be deemed guilty of a misdemeanor, and,

upon conviction thereof, shall be punished by a fine not exceeding

Five Thousand Dollars ($5,000.00), or by imprisonment not exceeding

Oklahoma Statutes - Title 2. Agriculture

one (1) year, or by both such fine and imprisonment, in the

discretion of the court.

Added by Laws 1968, c. 63, § 28, emerg. eff. March 19, 1968.

Amended by Laws 1997, c. 133, § 91, eff. July 1, 1999; Laws 1999,

1st Ex.Sess., c. 5, § 29, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 91 from July 1, 1998, to July 1, 1999.

§2-6-209. Application of act with respect to Federal Meat

Inspection Act.

The requirements of this act shall apply to persons, firms,

corporation establishments, animals, and articles regulated under

the Federal Meat Inspection Act only to the extent provided for in

Section 408 of said Federal Act.

Laws 1968, c. 63, § 29, emerg. eff. March 19, 1968.

§2-6-213. Administration of Meat Inspection Act and Poultry Product

Inspection Act.

The State Department of Agriculture shall carry out the

provisions of the Oklahoma Meat Inspection Act, Sections 6-181

through 6-209 of Title 2 of the Oklahoma Statutes and the Oklahoma

Poultry Products Inspection Act, Sections 6-251 through 6-276 of

Title 2 of the Oklahoma Statutes. Further, the provisions of this

act shall be administered by the Department despite any potential

requested reductions in the overall Department budget.

Added by Laws 1987, c. 237, § 1, emerg. eff. May 4, 1987.

§2-6-214. Oklahoma certified meat defined.

"Oklahoma certified meat" shall mean any bovine, swine, goat,

lamb, poultry, or fish product bred, born, raised, and processed

within the State of Oklahoma. The term "Oklahoma Certified" shall

not be used to describe any meat that was not bred, born, raised and

processed in the State of Oklahoma, not limited to but shall

include: Oklahoma Certified Beef, Oklahoma Certified Chicken and

Oklahoma Certified Goat.

Added by Laws 2020, c. 59, § 1, eff. Nov. 1, 2020. Amended by Laws

2023, c. 18, § 1, eff. Nov. 1, 2023.

§2-6-215. Certified beef label requirement.

Persons shall not label any bovine product as Oklahoma Certified

Beef unless it meets the definition of Oklahoma certified beef as

defined in Section 6-214 of Title 2 of the Oklahoma Statutes. The

Oklahoma Department of Agriculture, Food, and Forestry shall enforce

this requirement pursuant to Section 2-18 of Title 2 of the Oklahoma

Statutes.

Added by Laws 2021, c. 162, § 1, eff. July 1, 2021.

Oklahoma Statutes - Title 2. Agriculture

§2-6-251. Short title.

This act shall be designated as the Oklahoma Poultry Products

Inspection Act.

Laws 1970, c. 260, § 1, emerg. eff. April 22, 1970.

§2-6-252. Purpose.

Poultry and poultry products are an important source of the

nation's total supply of food. It is essential in the public

interest that the health and welfare of consumers be protected by

assuring that slaughtered poultry and poultry products distributed

to them are wholesome, not adulterated, and properly marked,

labeled, and packaged. Unwholesome, adulterated, or misbranded

poultry or poultry products are injurious to the public welfare,

destroy markets for wholesome, not adulterated, and properly labeled

and packaged poultry and poultry products, and result in sundry

losses to poultry producers and processors of poultry and poultry

products, as well as injury to consumers. The unwholesome,

adulterated, mislabeled, or deceptively packaged articles can be

sold at lower prices and compete unfairly with the wholesome, not

adulterated, and properly labeled and packaged articles, to the

detriment of consumers and the public generally. It is hereby found

that regulation by the Board and cooperation by this state and the

United States as contemplated by this act are appropriate to protect

the health and welfare of consumers and otherwise effectuate the

purposes of this act.

Laws 1970, c. 260, § 2, emerg. eff. April 22, 1970.

§2-6-253. Policy and intent.

It is hereby declared to be the policy of the Legislature of

this state to provide for the inspection of poultry and poultry

products and otherwise regulate the processing and distribution of

such articles as hereinafter prescribed to prevent the movement or

sale in intrastate commerce of poultry and poultry products which

are adulterated or misbranded. It is the intent of the Legislature

that when poultry and poultry products are condemned because of

disease, the reason for condemnation in such instances shall be

supported by scientific fact, information, or criteria, and such

condemnation under this act shall be achieved through uniform

inspection standards and uniform applications thereof.

Laws 1970, c. 260, § 3, emerg. eff. April 22, 1970.

§2-6-254. Definitions.

For the purposes of this act, the following terms shall have the

meanings stated below:

1. The term "Board" means the State Board of Agriculture or its

delegate.

Oklahoma Statutes - Title 2. Agriculture

2. The term "person" means any individual, partnership,

corporation, association, or other business unit.

3. The term "poultry products broker" means any person engaged

in the business of buying or selling poultry products on commission,

or otherwise negotiating purchases or sales of such articles other

than for his own account or an as employee of another person.

4. The term "renderer" means any person engaged in the business

of rendering carcasses, or parts or products of the carcasses, of

poultry, except rendering conducted under inspection or exemption

under this act.

5. The term "animal food manufacturer" means any person engaged

in the business of manufacturing or processing animal food derived

wholly or in part from carcasses, or parts or products of the

carcasses, of poultry.

6. The term "intrastate commerce" means commerce within this

state.

7. The term "poultry" means any domesticated bird, whether live

or dead.

8. The term "poultry product" means any poultry carcass, or

part thereof; or any product which is made wholly or in part from

any poultry carcass or part thereof, excepting products which

contain poultry ingredients only in a relatively small proportion or

historically have not been considered by consumers as products of

the poultry food industry, and which are exempted by the Board from

definition as a poultry product under such conditions as the Board

may prescribe to assure that the poultry ingredients in such

products are not adulterated and that such products are not

represented as poultry products.

9. The term "capable of use as human food" shall apply to any

carcass, or part or product of a carcass, of any poultry, unless it

is denatured or otherwise identified as required by regulations

prescribed by the Board to deter its use as human food, or it is

naturally inedible by humans.

10. The term "processed" means slaughtered, canned, salted,

stuffed, rendered, boned, cut up, or otherwise manufactured or

processed.

11. The term "adulterated" shall apply to any poultry product

under one or more of the following circumstances:

(a) if it bears or contains any poisonous or deleterious

substance which may render it injurious to health; but in case the

substance is not an added substance, such article shall not be

considered adulterated under this clause if the quantity of such

substance in or on such article does not ordinarily render it

injurious to health;

(b) (1) if it bears or contains, by reason of

administration of any substance to the live poultry or otherwise,

Oklahoma Statutes - Title 2. Agriculture

any added poisonous or added deleterious substance, other than one

which is:

a. a pesticide chemical in or on a raw agricultural

commodity;

b. a food additive; or

c. a color additive;

which may, in the judgment of the Board, make such article unfit for

human food;

(2) if it is, in whole or in part, a raw agricultural commodity

and such commodity bears or contains a pesticide chemical which is

unsafe within the meaning of Section 408 of the Federal Food, Drug,

and Cosmetic Act;

(3) if it bears or contains any food additive which is unsafe

within the meaning of Section 409 of the Federal Food, Drug, and

Cosmetic Act;

(4) if it bears or contains any color additive which is unsafe

within the meaning of Section 706 of the Federal Food, Drug, and

Cosmetic Act:

Provided, that an article which is not otherwise deemed adulterated

under clause (2), (3), or (4) shall nevertheless be deemed

adulterated if use of the pesticide chemical, food additive, or

color additive in or on such article is prohibited by regulations of

the Board in official establishments;

(c) if it consists in whole or in part of any filthy, putrid,

or decomposed substance or is for any other reason unsound,

unhealthful, unwholesome, or otherwise unfit for human food;

(d) if it has been prepared, packed, or held under insanitary

conditions whereby it may become contaminated with filth, or whereby

it may have been rendered injurious to health;

(e) if it is, in whole or in part, the product of any poultry

which has died otherwise than by slaughter;

(f) if its container is composed, in whole or in part, of any

poisonous or deleterious substance which may render the contents

injurious to health;

(g) if it has been intentionally subjected to radiation, unless

the use of the radiation was in conformity with a regulation or

exemption in effect pursuant to Section 409 of the Federal Food,

Drug, and Cosmetic Act; or

(h) if any valuable constituent has been in whole or in part

omitted or abstracted therefrom; or if any substance has been

substituted, wholly or in part therefor; or if damage or inferiority

has been concealed in any manner; or if substance has been added

thereto or mixed or packed therewith so as to increase its bulk or

weight, or reduce its quality or strength, or make it appear better

or of greater value than it is.

12. The term "misbranded" shall apply to any poultry product

under one or more of the following circumstances:

Oklahoma Statutes - Title 2. Agriculture

(a) if its labeling is false or misleading in any

particular;

(b) if it is offered for sale under the name of another

food;

(c) if it is an imitation of another food, unless its

label bears, in type of uniform size and prominence, the word

"imitation" and immediately thereafter the name of the food

imitated;

(d) if its container is so made, formed, or filled as to

be misleading;

(e) unless it bears a label showing:

(1) the name and place of business of the

manufacturer, packer, or distributor; and

(2) an accurate statement of the quantity of the

product in terms of weight, measure, or numerical

count;

Provided, that under clause (2) of this subparagraph (e),

reasonable variations may be permitted, and exemptions as to small

packages or articles not in packages or other containers may be

established, by regulations prescribed by the Board;

(f) if any word, statement, or other information required

by or under authority of this act to appear on the label or other

labeling is not prominently placed thereon with such

conspicuousness, as compared with other words, statements, designs,

or devices, in the labeling, and in such terms as to render it

likely to be read and understood by the ordinary individual under

customary conditions of purchase and use;

(g) if it purports to be or is represented as a food for

which a definition and standard of identity or composition has been

prescribed by regulations of the Board under Section 8 of this act

unless:

(1) it conforms to such definition and standard, and(2)

of optional ingredients, other than spices,

flavoring, and coloring, present in such

food;

(h) if it purports to be or is represented as a food for

which a standard or standards of fill of container have been

prescribed by regulations of the Board under Section 8 of this act,

and it falls below the standard of fill of container applicable

thereto, unless its label bears, in such manner and form as such

regulations specify, a statement that it falls below such standard;

(i) if it is not subject to the provisions of subparagraph

(g) unless its label bears

(1) the common or usual name of the food, if any

there be, and

(2) in case it is fabricated from two or more

ingredients, the common or usual name of each such

Oklahoma Statutes - Title 2. Agriculture

its l

ingredient; except that spices, flavorings, and

colorings may, when authorized by the Board, be

designated as spices, flavorings, and colorings

without naming each:

Provided, that to the extent that compliance with the

requirements of clause (2) of this subparagraph (i) is

impracticable, or results in deception or unfair competition,

exemptions shall be established by regulations promulgated by the

Board.

(j) if it purports to be or is represented for special

dietary uses, unless its label bears such information concerning its

vitamin, mineral, and other dietary properties as the Board, after

consultation with the Secretary of Agriculture of the United States,

determines to be, and by regulations prescribes as, necessary in

order fully to inform purchasers as to its value for such uses;

(k) if it bears or contains any artificial flavoring,

artificial coloring, or chemical preservative, unless it bears

labeling stating that fact; provided, that, to the extent that

compliance with the requirements of this subparagraph (k) is

impracticable, exemptions shall be established by regulations

promulgated by the Board; or

(1) if it fails to bear on its containers, and in the case

of nonconsumer packed carcasses, if the Board so requires, directly

thereon, as the Board may by regulations prescribed, the official

inspection legend and official establishment number of the

establishment where the article was processed and, unrestricted by

any of the foregoing, such other information as the Board may

require in such regulations to assure that it will not have false or

misleading labeling and that the public will be informed of the

manner of handling required to maintain the article in a wholesome

condition.

13. The term "label" means a display of written, printed, or

graphic matter upon any article or the immediate container, not

including package liners, of any article.

14. The term "labeling" means all labels and other written,

printed, or graphic matter

(a) upon any article or any of its containers or wrappers,

or

(b) accompanying such article.

15. The term "Federal Poultry Products Inspection Act" means

the act so entitled approved August 28, 1957 (71 Stat. 441), as

amended by the Wholesome Poultry Products Act (82 Stat. 791).

16. The term "Federal Food, Drug, and Cosmetic Act" means the

act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts

amendatory thereof or supplementary thereto.

17. The terms "pesticide chemical", "food additive", "color

additive", and "raw agricultural commodity" shall have the same

Oklahoma Statutes - Title 2. Agriculture

meanings for purposes of this act as under the Federal Food, Drug,

and Cosmetic Act.

18. The term "official mark" means the official inspection

legend or any other symbol prescribed by regulation of the Board to

identify the status of any article or poultry under this act.

19. The term "official inspection legend" means any symbol

prescribed by regulation of the Board showing that an article was

inspected for wholesomeness in accordance with this act.

20. The term "official certificate" means any certificate

prescribed by regulation of the Board for issuance by an inspector

or other person performing official functions under this act.

21. The term "official device" means any device prescribed or

authorized by the Board for use in applying any official mark.

22. The term "official establishment" means any establishment

as determined by the Board at which inspection of the slaughter of

poultry, or the processing of poultry products, is maintained under

the authority of this act.

23. The term "inspection service" means the Meat Inspection

Division designated by the Board as having the responsibility for

carrying out the provisions of this act.

24. The term "inspector" means an employee or official of the

State Board of Agriculture authorized by the Board to inspect

poultry and poultry products under the authority of this act, or any

employee or official of the government of any county or other

governmental subdivision of this state authorized by the Board to

inspect poultry and poultry products under authority of this act,

under an agreement entered into between the Board and such

governmental subdivision.

25. The term "container" or "package" includes any box, can,

tin, cloth, plastic, or other receptacle, wrapper, or cover.

26. The term "shipping container" means any container used or

intended for use in packaging the product packed in an immediate

container.

27. The term "immediate container" includes any consumer

package; or any other container in which poultry products, not

consumer packaged, are packed.

Laws 1970, c. 260, § 4, emerg. eff. April 22, 1970.

§2-6-255. Cooperative efforts.

A. The State Board of Agriculture is hereby designated as the

state agency which shall be responsible for cooperating with the

Secretary of Agriculture of the United States under the provisions

of Section 5 of the Federal Poultry Products Inspection Act and such

agency may cooperate with the Secretary of Agriculture of the United

States in developing and administering the poultry products

inspection program of this state under this act to assure that not

later than August 18, 1970, the state requirements will be at least

Oklahoma Statutes - Title 2. Agriculture

equal to those imposed under Sections 1-4, 6-10, and 12-22 of the

Federal Poultry Products Inspection Act and in developing and

administering the program of this state under Section 11 of this act

in such a manner as will effectuate the purposes of this act and

said Federal Act.

B. In such cooperative efforts, the Board is authorized to

accept from said Secretary advisory assistance in planning and

otherwise developing the state program, technical and laboratory

assistance and training, including necessary curricular and

instructional materials and equipment, and financial and other aid

for administration of such a program. The Board is further

authorized to spend public funds of this state appropriated for

administration of this act to pay such share of the estimated total

cost of the cooperative program as may be agreed upon by the Board

and the Secretary.

C. The Board is further authorized to recommend to the said

Secretary of Agriculture such officials or employees of this state

as the Board shall designate, for appointment to the advisory

committees provided for in Section 5 of the Federal Poultry Products

Inspection Act; and the Board shall serve as the representative of

the Governor for consultation with said Secretary under paragraph C

of Section 5 of said act unless the Governor shall select another

representative.

Laws 1970, c. 260, § 5, emerg. eff. April 22, 1970.

§2-6-256. Antemortem and postmortem inspection in official

establishments - Condemnation - Appeals.

A. For the purpose of preventing the entry into or flow or

movement in intrastate commerce of any poultry product which is

capable of use as human food and is adulterated, the Board shall,

where and to the extent considered by it necessary, cause to be made

by inspectors antemortem inspection of poultry in each official

establishment engaged in processing poultry or poultry products

solely for intrastate commerce.

B. The Board, whenever processing operations are being

conducted, shall cause to be made by inspectors postmortem

inspection of the carcass of each bird processed, and at any time

such quarantine, segregation and reinspection as it deems necessary

of poultry and poultry products capable of use as human food in each

official establishment engaged in processing poultry or poultry

products solely for intrastate commerce.

C. All poultry carcasses and parts thereof and other poultry

products found to be adulterated shall be condemned and shall, if no

appeal be taken from such determination of condemnation, be

destroyed for human food purposes under the provision of an

inspector. Provided, that carcasses, parts, and products which may

by reprocessing be made not adulterated, need not be so condemned

Oklahoma Statutes - Title 2. Agriculture

and destroyed if so reprocessed under the supervision of an

inspector and thereafter found to be not adulterated. If an appeal

be taken from such determination, the carcasses, parts, or products

shall be appropriately marked and segregated pending completion of

an appeal inspection, which appeal shall be at the cost of the

appellant if the Board determines that the appeal is frivolous. If

the determination of condemnation is sustained, the carcasses,

parts, and products shall be destroyed for food purposes under the

supervision of an inspector.

Laws 1970, c. 260, § 6, emerg. eff. April 22, 1970.

§2-6-257. Sanitary practices.

A. Each official establishment slaughtering poultry or

processing poultry products solely for intrastate commerce shall

have such premises, facilities, and equipment, and be operated in

accordance with such sanitary practices, as are required by

regulations promulgated by the Board for the purpose of preventing

the entry into or flow or movement in intrastate commerce of poultry

products which are adulterated.

B. The Board shall refuse to render inspection to any

establishment whose premises, facilities, or equipment, or the

operation thereof, fail to meet the requirements of this section.

Laws 1970, c. 260, § 7, emerg. eff. April 22, 1970.

§2-6-258. Marking and labeling.

A. All poultry products inspected at any official establishment

under the authority of this act and found to be not adulterated

shall at the time they leave the establishment bear, in distinctly

legible form, on their shipping containers and immediate containers

as the Board may require, the information required under paragraph

12 of Section 4 of this act. In addition, the Board whenever it

determines such action is practicable and necessary for the

protection of the public may require nonconsumer packaged carcasses

at the time they leave the establishment to bear directly thereon in

distinctly legible form any information required under such

paragraph 12.

B. The Board, whenever it determines such action is necessary

for the protection of the public, may prescribe:

1. the styles and sizes of type to be used with respect to

material required to be incorporated in labeling to avoid false or

misleading labeling in marking or otherwise labeling any articles or

poultry subject to this act; and

2. definitions and standards of identity or composition

for articles subject to this act and standards of fill of container

for such articles not inconsistent with any such standards

established under the Federal Food, Drug, and Cosmetic Act, or under

the Federal Poultry Products Inspection Act, and there shall be

Oklahoma Statutes - Title 2. Agriculture

consultation between the Board and the Secretary of Agriculture of

the United States prior to the issuance of such standards to avoid

inconsistency between such standards and the Federal standards.

C. No article subject to this act shall be sold or offered for

sale by any person in intrastate commerce, under any name or other

marking or labeling which is false or misleading, or in any

container of a misleading form or size, but established trade names

and other marking and labeling and containers which are not false or

misleading and which are approved by the Board are permitted. Any

person who violates the provisions of this subsection shall, upon

conviction, be guilty of a Class D3 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

of Section 20P of Title 21 of the Oklahoma Statutes.

D. If the Board has reason to believe that any marking or

labeling or the size or form of any container in use or proposed for

use with respect to any article subject to this act is false or

misleading in any particular, it may direct that such use be

withheld unless the marking, labeling, or container is modified in

such manner as it may prescribe so that it will not be false or

misleading. If the person using or proposing to use the marking,

labeling or container does not accept the determination of the

Board, such person may request a hearing, but the use of the

marking, labeling, or container shall, if the Board so directs, be

withheld pending hearing and final determination by the Board. Any

such determination by the Board shall be conclusive unless, within

thirty (30) days after receipt of notice of such final

determination, the person adversely affected thereby appeals to the

District Court of Oklahoma County. This provision would not apply

to established trademarks or labeling approved by the U.S.D.A.

Added by Laws 1970, c. 260, § 8, emerg. eff. April 22, 1970.

Amended by Laws 2025, c. 486, § 622, eff. Jan. 1, 2026.

§2-6-259. Prohibited acts.

A. No person shall:

1. slaughter any poultry or process any poultry products

which are capable of use as human food at any establishment

processing any such articles solely for intrastate commerce, except

in compliance with the requirements of this act;

2. sell, transport, offer for sale or transportation, or

receive for transportation, in intrastate commerce:

(a) any poultry products which are capable of use as

human food and are adulterated or misbranded at the

time of such sale, transportation, offer for sale or

transportation, or receipt for transportation; or

(b) any poultry products required to be inspected

under this act unless they have been so inspected and

passed;

Oklahoma Statutes - Title 2. Agriculture

3. do, with respect to any poultry products which are

capable of use as human food, any act while they are being

transported in intrastate commerce or held for sale after such

transportation, which is intended to cause or has the effect of

causing such products to be adulterated or misbranded;

4. sell, transport, offer for sale or transportation, or

receive for transportation, in intrastate commerce or from an

official establishment, any slaughtered poultry from which the

blood, feathers, feet, head, or viscera have not been removed in

accordance with regulations promulgated by the Board, except as may

be authorized by regulations of the Board;

5. use to his own advantage, or reveal other than to the

authorized representatives of the state government or any other

government in their official capacity, or as ordered by a court in

any judicial proceedings, any information acquired under the

authority of this act concerning any matter which is entitled to

protection as a trade secret.

B. No brand manufacturer, printer, or other person shall cast,

print, lithograph, or otherwise make any device containing any

official mark or simulation thereof, or any label bearing any such

mark or simulation, or any form of official certificate or

simulation thereof, except as authorized by the Board.

C. No person shall:

1. forge any official device, mark, or certificate;

2. without authorization from the Board use any official

device, mark, or certificate, or simulation thereof, or alter,

detach, deface, or destroy any official device, mark, or

certificate;

3. contrary to the regulations prescribed by the Board,

fail to use, or to detach, deface, or destroy any official device,

mark, or certificate;

4. knowingly possess, without promptly notifying the Board

or its representative, any official device or any counterfeit,

simulated, forged, or improperly altered official certificate or any

device or label or any carcass of any poultry, or part or product

thereof, bearing any counterfeit, simulated, forged, or improperly

altered official mark;

5. knowingly make any false statement in any shipper's

certificate or other nonofficial or official certificate provided

for in the regulations prescribed by the Board; or

6. knowingly represent that any article has been inspected

and passed, or exempted, under this act when, in fact, it has,

respectively, not been so inspected and passed, or exempted.

D. Any person who violates the provisions of this section

shall, upon conviction, be guilty of a Class D3 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1970, c. 260, § 8, emerg. eff. April 22, 1970.

Amended by Laws 2025, c. 486, § 623, eff. Jan. 1, 2026.

§2-6-260. Compliance with act.

No establishment processing poultry or poultry products solely

for intrastate commerce shall process any poultry or poultry product

capable of use as human food except in compliance with the

requirements of this act. Any person who violates the provisions of

this section shall, upon conviction, be guilty of a Class D3 felony

offense and shall be punished by imprisonment as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes.

Added by Laws 1970, c. 260, § 10, emerg. eff. April 22, 1970.

Amended by Laws 2025, c. 486, § 624, eff. Jan. 1, 2026.

§2-6-261. Products not intended for use as human food - Records Brokers, renderers or manufacturers - Dead or diseased poultry.

A. Inspection shall not be provided under this act at any

establishment for the slaughter of poultry or the processing of any

carcasses or parts or products of poultry, which are not intended

for use as human food, but such articles shall, prior to their offer

for sale or transportation in intrastate commerce, be denatured or

otherwise identified as prescribed by regulations of the Board to

deter their use for human food. No person shall buy, sell,

transport, or offer for sale or transportation, or receive for

transportation, in intrastate commerce, any poultry carcasses or

parts or products thereof which are not intended for use as human

food unless they are denatured or otherwise identified as required

by the regulations of the Board or naturally inedible by humans.

B. The following classes of persons shall, for such period of

time as the Board may by regulations prescribe, not to exceed two

(2) years unless otherwise directed by the Board for good cause

shown, keep such records as are properly necessary for the effective

enforcement of this act in order to insure against adulterated or

misbranded poultry products for the American consumer; and all

persons subject to such requirements shall, at all reasonable times,

upon notice by a duly authorized representative of the Board, afford

such representative access to their places of business and

opportunity to examine the facilities, inventory, and records

thereof, to copy all such records, and to take reasonable samples of

their inventory upon payment of the fair market value therefor:

1. Any person that engages in the business of slaughtering any

poultry or processing, freezing, packaging, or labeling any

carcasses, or parts or products of carcasses, of any poultry, for

intrastate commerce, for use as human food or animal food;

2. Any person that engages in the business of buying or

selling, as poultry products brokers, wholesalers, or otherwise, or

Oklahoma Statutes - Title 2. Agriculture

transporting, in intrastate commerce, or storing in or for

intrastate commerce, any carcasses, or parts or products of

carcasses, of any poultry;

3. Any person that engages in business, in or for intrastate

commerce, as a renderer, or engages in the business of buying,

selling, or transporting, in intrastate commerce, any dead, dying,

disabled, or diseased poultry or parts of the carcasses of any

poultry that died otherwise than by slaughter.

C. No person shall engage in business, in or for intrastate

commerce, as a poultry products broker, renderer, or animal food

manufacturer, or engage in business in intrastate commerce as a

wholesaler of any carcasses, or parts or products of the carcasses,

of any poultry, whether intended for human food or other purposes,

or engage in business as a public warehouseman storing any such

articles in or for intrastate commerce, or engage in the business of

buying, selling, or transporting in intrastate commerce any dead,

dying, disabled, or diseased poultry, or parts of the carcasses of

any poultry that died otherwise than by slaughter, unless, when

required by regulations of the Board, he has registered with the

Board his name and the address of each place of business at which,

and all trade names under which, he conducts such business.

D. No person engaged in the business of buying, selling, or

transporting in intrastate commerce, dead, dying, disabled or

diseased poultry, or any parts of the carcasses of any poultry that

dies otherwise than by slaughter, shall buy, sell, transport, offer

for sale or transportation, or receive for transportation in

intrastate commerce, any dead, dying, disabled, or diseased poultry

or parts of the carcasses of any poultry that died otherwise than by

slaughter, unless such transaction or transportation is made in

accordance with such regulations as the Board may prescribe to

assure that such poultry, or the unwholesome parts or products

thereof, will be prevented from being used for human food.

E. Any person who violates the provisions of this section

shall, upon conviction, be guilty of a Class D3 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes.

Added by Laws 1970, c. 260, § 11, emerg. eff. April 22, 1970.

Amended by Laws 2025, c. 486, § 625, eff. Jan. 1, 2026.

§2-6-262. Penalties.

A. Any person who violates the provisions of Sections 6-259, 6260, 6-261 or 6-264 of this title shall be fined not more than One

Thousand Dollars ($1,000.00) or imprisoned not more than one (1)

year, or both; but if such violation involves intent to defraud, or

any distribution or attempted distribution of an article that is

adulterated, except as defined in subparagraph (h) of paragraph 11

of Section 6-254 of this title, such person shall be guilty of a

Oklahoma Statutes - Title 2. Agriculture

Class D3 felony offense and fined not more than Ten Thousand Dollars

($10,000.00), or imprisoned as provided for in subsections B through

F of Section 20P of Title 21 of the Oklahoma Statutes, or both.

When construing or enforcing the provisions of said sections, the

act, omission, or failure of any person acting for or employed by

any individual, partnership, corporation, or association within the

scope of his employment or office shall in every case be deemed the

act, omission, or failure of such individual, partnership,

corporation, or association, as well as of such person.

B. No carrier shall be subject to the penalties of this act,

other than the penalties for violation of Section 6-261 of this

title, by reason of his receipt, carriage, holding, or delivery, in

the usual course of business, as a carrier of poultry or poultry

products, owned by another person unless the carrier has knowledge,

or is in possession of facts which would cause a reasonable person

to believe that such poultry or poultry products were not inspected

or marked in accordance with the provisions of this act or were

otherwise not eligible for transportation under this act or unless

the carrier refuses to furnish on request of a representative of the

Board the name and address of the person from whom he received such

poultry or poultry products, and copies of all documents, if any

there be, pertaining to the delivery of the poultry or poultry

products to such carrier.

C. Any person who interferes by any act with an inspector in

the performance of his official duties shall be guilty of a

misdemeanor.

Added by Laws 1970, c. 260, § 12, emerg. eff. April 22, 1970.

Amended by Laws 1997, c. 133, § 92, eff. July 1, 1999; Laws 1999,

1st Ex.Sess., c. 5, § 30, eff. July 1, 1999; Laws 2025, c. 486, §

626, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 92 from July 1, 1998, to July 1, 1999.

§2-6-263. Notice of violations.

Before any violation of this act is reported by the Board to any

district attorney for institution of a criminal proceeding, the

person against whom such proceeding is contemplated shall be given

reasonable notice of the alleged violation and opportunity to

present his views orally or in writing with regard to such

contemplated proceeding. Nothing in this act shall be construed as

requiring the Board to report for criminal prosecution violation of

this act whenever it believes that the public interest will be

adequately served and compliance with the act obtained by a suitable

written notice or warning.

Laws 1970, c. 260, § 13, emerg. eff. April 22, 1970.

§2-6-264.

Storage and handling regulations.

Oklahoma Statutes - Title 2. Agriculture

A. The Board may by regulations prescribe conditions under

which poultry products capable of use as human food shall be stored

or otherwise handled by any person engaged in the business of

buying, selling, freezing, storing, or transporting, in or for

intrastate commerce, such articles, whenever the Board deems such

action necessary to assure that such articles will not be

adulterated or misbranded when delivered to the consumer. Violation

of any such regulation is prohibited and shall be deemed a Class D3

felony offense punishable by imprisonment as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes.

B. The Board shall promulgate such other rules and regulations

as are necessary to carry out the provisions of this act.

C. When opportunity is afforded for submission of comments by

interested persons on proposed rules or regulations under this act,

it shall include opportunity for oral presentation of views.

Added by Laws 1970, c. 260, § 14, emerg. eff. April 22, 1970.

Amended by Laws 2025, c. 486, § 627, eff. Jan. 1, 2026.

§2-6-265. Exemptions.

A. The Board shall, by regulation and under such conditions,

including requirements, as to sanitary standards, practices, and

procedures as it may prescribe, exempt from specific provisions of

this act with respect to processing of poultry or poultry products

solely for intrastate commerce and distribution of poultry or

poultry products only in such commerce:

1. for such period of time as the Board determines that it

would be impracticable to provide inspection and the exemption will

aid in the effective administration of this act, any person engaged

in the processing of poultry or poultry products and the poultry or

poultry products processed by such person; provided, that, no such

exemption shall continue in effect more than one hundred twenty

(120) days after enactment of this act;

2. persons slaughtering, processing, or otherwise handling

poultry or poultry products which have been or are to be processed

as required by recognized religious dietary laws, to the extent that

the Board determines necessary to avoid conflict with such

requirements while still effectuating the purposes of this act;

3. the slaughtering by any person of poultry of his own

raising, and the processing by him and transportation of the poultry

products exclusively for use by him and members of his household and

his nonpaying guests and employees;

4. the custom slaughter by any person of poultry delivered

by the owner thereof for such slaughter, and the processing by such

slaughterer and transportation of the poultry products exclusively

for use, in the household of such owner, by him and members of his

household and his nonpaying guests and employees; provided, that,

Oklahoma Statutes - Title 2. Agriculture

such custom slaughterer does not engage in the business of buying or

selling any poultry products capable of use as human food;

5. operations of types traditionally and usually conducted

at retail stores and restaurants, when conducted at any retail store

or restaurant or similar retail-type establishment for sale in

normal retail quantities or service of such articles to consumers at

such establishments, if no poultry or poultry products are processed

at the establishment for distribution within this state or otherwise

subject to inspection under the Federal Poultry Products Inspection

Act.

B. The provisions of this act shall not apply to poultry

producers with respect to poultry of their own raising on their own

farms if

1. such producers slaughter not more than two hundred

fifty turkeys, or not more than an equivalent number of birds of all

species during the calendar year for which this exemption is being

determined, four birds of other species being deemed the equivalent

of one turkey;

2. such poultry producers do not engage in buying or

selling poultry products other than those produced from poultry

raised on their own farms.

C. The adulteration and misbranding provisions of this act,

other than the requirement of the inspection legend, shall apply to

articles which are exempted from inspection under this section.

D. The Board may by order suspend or terminate any exemption

with respect to any person whenever it finds that such action will

aid in effectuating the purposes of this act.

Laws 1970, c. 260, § 15, emerg. eff. April 22, 1970.

§2-6-266. Limitation on entry of products into official

establishment.

The Board may limit the entry of poultry products and other

materials into any official establishment, under such conditions as

it may prescribe to assure that allowing the entry of such articles

into such inspected establishments will be consistent with the

purposes of this act.

Laws 1970, c. 260, § 16, emerg. eff. April 22, 1970.

§2-6-267. Withdrawal or refusal of inspection service.

A. The Board may, for such period, or indefinitely, as it deems

necessary to effectuate the purposes of this act, refuse to provide,

or withdraw, inspection service under this act with respect to any

establishment if it determines, after opportunity for a hearing is

accorded to the applicant for, or recipient of, such service, that

such applicant or recipient is unfit to engage in any business

requiring inspection upon this act because the applicant or

recipient, or anyone responsibly connected with the applicant or

Oklahoma Statutes - Title 2. Agriculture

recipient, has been convicted, in any federal or state court, within

the previous ten (10) years, of

1. any felony or more than one misdemeanor under any law based

upon the acquiring, handling, or distributing of adulterated,

mislabeled, or deceptively packaged food or fraud in connection with

transactions in food; or

2. any felony, involving fraud, bribery, extortion, or any

other act or circumstances indicating a lack of the integrity needed

for the conduct of operations affecting the public health. For the

purpose of this paragraph, a person shall be deemed to be

responsibly connected with the business if he was a partner,

officer, director, holder, or owner of ten percent (10%) or more of

its voting stock or employee in a managerial or executive capacity.

B. Upon the withdrawal of inspection service from any official

establishment for failure to destroy condemned poultry products as

required under Section 6 of this act, or other failure of an

official establishment to comply with the requirements as to

premises, facilities, or equipment, or the operation thereof, as

provided in Section 7 of this act, or the refusal of inspection

service to any applicant therefor because of failure to comply with

any requirements under Section 7, the applicant for, or recipient

of, the service shall, upon request, be afforded opportunity for a

hearing with respect to the merits or validity of such action; but

such withdrawal or refusal shall continue in effect unless otherwise

ordered by the Board.

C. The determination and order of the Board, when made after

opportunity for hearing, with respect to withdrawal or refusal of

inspection service under this act, shall be final and conclusive

unless the affected applicant for, or recipient of, inspection

service files application for judicial review within thirty (30)

days after the effective date of such order in the District Court of

Oklahoma County. Judicial review of any such order shall be upon

the record upon which the determination and order are based.

Laws 1970, c. 260, § 17, emerg. eff. April 22, 1970.

§2-6-268. Detention of products.

Whenever any poultry product, or any product exempted from the

definition of a poultry product, or any dead, dying, disabled or

diseased poultry is found by any authorized representatives of the

Board upon any premises where it is held for purposes of, or during

or after distribution in intrastate commerce, and there is reason to

believe that any such article is adulterated or misbranded and is

capable of use as human food, or that it has not been inspected, in

violation of the provisions of this act or of any other state or

federal law, or that it has been, or is intended to be, distributed

in violation of any such provisions, it may be detained by such

representative for a period not to exceed twenty (20) days, pending

Oklahoma Statutes - Title 2. Agriculture

action under Section 19 of this act or notification of any federal,

state, or other governmental authorities having jurisdiction over

such article or poultry, and shall not be moved by any person from

the place at which it is located when so detained, until released by

such representative. All official marks may be required by such

representative to be removed from such article or poultry before it

is released unless it appears to the satisfaction of the Board that

the article or poultry is eligible to retain such marks.

Laws 1970, c. 260, § 18, emerg. eff. April 22, 1970.

§2-6-269. Seizure and condemnation.

A. Any poultry product, or any dead, dying, disabled, or

diseased poultry, that is being transported in intrastate commerce,

subject to this act, or is held for sale in this state after such

transportation, and that

1. is or has been processed, sold, transported, or

otherwise distributed or offered or received for distribution in

violation of this act, or

2. is capable of use as human food and is adulterated or

misbranded, or

3. in any other way is in violation of this act, shall be

liable to be proceeded against and seized and condemned, at any

time, on a libel of information in any district court within the

jurisdiction of which the article or poultry is found. If the

article or poultry is condemned it shall, after entry of the decree,

be disposed of by destruction or sale as the court may direct and

the proceeds, if sold, less the court costs and fees, and storage

and other proper expenses, shall be paid into the treasury of this

state, but the article or poultry shall not be sold contrary to the

provisions of this act, or the Federal Poultry Products Inspection

Act or the Federal Food, Drug, and Cosmetic Act; provided, that,

upon the execution and delivery of a good and sufficient bond

conditioned that the article or poultry shall not be sold or

otherwise disposed of contrary to the provisions of this act or the

laws of the United States, the court may direct that such article or

poultry be delivered to the owner thereof subject to such

supervision by authorized representatives of the Board as is

necessary to insure compliance with the applicable laws. When a

decree of condemnation is entered against the article or poultry and

it is released under bond, or destroyed, court costs and fees, and

storage and other proper expenses shall be awarded against the

person, if any, intervening as claimant of the article or poultry.

The proceedings in such libel cases shall conform, as nearly as may

be, to the proceedings in admiralty, except that either party may

demand trial by jury of any issue of fact joined in any case, and

all such proceedings shall be at the suit of and in the name of this

state.

Oklahoma Statutes - Title 2. Agriculture

B. The provisions of this section shall in no way derogate from

authority for condemnation or seizure conferred by other provisions

of this act, or other laws.

Laws 1970, c. 260, § 19, emerg. eff. April 22, 1970.

§2-6-270. Jurisdiction of district courts - Subpoenas.

The district courts are vested with jurisdiction specifically to

enforce and to prevent and restrain violations of this act and shall

have jurisdiction in all other kinds of cases arising under this

act, except as provided in Section 8, subsection D or Section 17 of

this act. All proceedings for the enforcement or to restrain

violations of this act shall be by and in the name of this state.

Subpoenas for witnesses who are required to attend a court of this

state in any district may run into any other district of this state

in any such proceeding.

Laws 1970, c. 260, § 20, emerg. eff. April 22, 1970.

§2-6-271. Powers of Board - Penalties.

A. The Board shall also have power:

1. to require the keeping of adequate records and the

furnishing of such information upon request to the Board which is

necessary and essential for the administration of this act. Failure

to keep such records and furnish such information shall constitute a

misdemeanor;

2. to gather and compile information concerning and to

investigate from time to time the organization, business, conduct,

practices, and management of any person engaged in intrastate

commerce, and the relation thereof to other persons; B. 1. For

the purposes of this act the Board shall at all reasonable times

have access to, for the purpose of examination, and the right to

copy any documentary evidence of any person being investigated or

proceeded against, and may require by subpoena the attendance and

testimony of witnesses and the production of all documentary

evidence of any person relating to any matter under investigation.

The Board may sign subpoenas and may administer oaths and

affirmation, examine witnesses, and receive evidence.

2. Such attendance of witnesses, and the production of such

documentary evidence, may be required at any designated place of

hearing. In case of disobedience to a subpoena the Board may invoke

the aid of any court designated in Section 20 of this act in

requiring the attendance and testimony of witnesses and the

production of documentary evidence.

3. Any of the courts designated in Section 20 of this act

within the jurisdiction of which such inquiry is carried on may, in

case of contumacy or refusal to obey a subpoena issued to any

person, issue an order requiring such person to appear before the

Board or to produce documentary evidence if so ordered, or to give

Oklahoma Statutes - Title 2. Agriculture

evidence touching the matter in question; and any failure to obey

such order of the court may be punished by such court as a contempt

thereof.

4. Upon the application of the Attorney General of this state

at the request of the Board, the district court shall have

jurisdiction to issue writs of mandamus commanding any person to

comply with the provisions of this act or any order of the Board

made in pursuance thereof.

5. The Board may order testimony to be taken by deposition in

any proceeding or investigation pending under this act at any stage

of such proceeding or investigation. Such depositions may be taken

before any person designated by the Board and having power to

administer oaths. Such testimony shall be reduced to writing by the

person taking the deposition or under his direction and shall then

be subscribed by the deponent. Any person may be compelled to

appear and depose and to produce documentary evidence in the same

manner as witnesses may be compelled to appear and testify and

produce documentary evidence before the Board as hereinbefore

provided.

6. Witnesses summoned before the Board shall be paid the same

fees and mileage that are paid witnesses in the courts of this

state, and witnesses whose depositions are taken and the persons

taking the same shall severally be entitled to the same fees as are

paid for like services in such courts.

C. 1. It shall be a misdemeanor for any person to willfully

neglect or refuse to attend and testify or to answer any lawful

inquiry, or to produce documentary evidence, if in his or its power

to do so, in obedience to the subpoena or lawful requirement of the

Board.

2. Any person that shall willfully make, or cause to be made,

any false entry or statement of fact in any report required to be

made under this act, or that shall willfully make, or cause to be

made, any false entry in any account, record, or memorandum kept by

any person subject to this act, or that shall willfully neglect or

fail to make, or to cause to be made, full, true, and correct

entries in such accounts, records, or memoranda, of all facts and

transactions appertaining to the business of any person subject to

this act, or that shall willfully remove out of the jurisdiction of

this state, or willfully mutilate, alter or by any other means

falsify any documentary evidence of any such person, or that shall

willfully refuse to submit to the Board or to any of its authorized

agents, for the purpose of inspection and taking copies, any

documentary evidence of any person subject to this act in his or its

possession or within his or its control, shall be deemed guilty of

an offense and shall be subject, upon conviction in any court of

competent jurisdiction, to a fine of not more than One Thousand

Oklahoma Statutes - Title 2. Agriculture

Dollars ($1,000.00), or to imprisonment for a term of not more than

one (1) year, or to both such fine and imprisonment.

3. Any officer or employee of this state who shall make public

any information obtained by the Board without its authority, unless

directed by a court, shall be deemed guilty of a misdemeanor, and,

upon conviction thereof, shall be punished by a fine not exceeding

Five Hundred Dollars ($500.00), or by imprisonment not exceeding six

(6) months, or by both such fine and imprisonment, in the discretion

of the court.

Laws 1970, c. 260, § 21, emerg. eff. April 22, 1970.

§2-6-272. Application of act.

The requirements, of this act shall apply to persons,

establishments, poultry, poultry products and other articles

regulated under the Federal Poultry Products Inspection Act only to

the extent provided for in Section 23 of said Federal Act.

Laws 1970, c. 260, § 22, emerg. eff. April 22, 1970.

§2-6-273. Cost of inspection.

The cost of inspection rendered under the requirements of this

act shall be borne by this state, except as provided in Section 5 of

this act and except that the cost of overtime and holiday work

performed in establishments subject to the provisions of this act,

at such rates as the Board may determine, shall be borne by such

establishments. Sums received by the Board in reimbursement for

sums paid out by it for such premium pay work shall be available

without fiscal year limitation to carry out the purposes of this

section. There are hereby authorized to be appropriated such sums

as may be necessary to carry out the provisions of this act.

Laws 1970, c. 260, § 23, emerg. eff. April 22, 1970.

§2-6-275. Misdemeanors.

Any violation of this act for which a specific penalty is not

given shall be a misdemeanor.

Laws 1970, c. 260, § 25, emerg. eff. April 22, 1970.

§2-6-276. Codification.

This act shall become a part of the Oklahoma Agricultural Code

and be codified accordingly.

Laws 1970, c. 260, § 26, emerg. eff. April 22, 1970.

§2-6-280.1. Short Title.

Sections 1 through 15 of this act shall be known and may be

cited as the "Oklahoma Rabbit and Rabbit Products Inspection Act".

Added by Laws 1989, c. 170, § 1, operative July 1, 1989.

§2-6-280.2.

Purpose.

Oklahoma Statutes - Title 2. Agriculture

A. Rabbit and rabbit products are an important source of the

nation's total supply of food. It is essential in the public

interest that the health and welfare of consumers be protected by

assuring that slaughtered rabbit and rabbit products distributed to

them are wholesome, not adulterated, and properly marked, labeled,

and packaged. Unwholesome, adulterated, or misbranded rabbit or

rabbit products are injurious to the public welfare, destroy markets

for wholesome, not adulterated, and properly labeled and packaged

rabbit and rabbit products, and result in sundry losses to rabbit

producers and processors of rabbit and rabbit products, as well as

injury to consumers. The unwholesome, adulterated, mislabeled, or

deceptively packaged articles can be sold at lower prices and

compete unfairly with the wholesome, not adulterated, and properly

labeled and packaged articles, to the detriment of consumers and the

public generally.

B. It is hereby declared to be the policy of the Legislature of

this state to provide for the inspection of rabbit and rabbit

products and otherwise regulate the processing and distribution of

such articles to prevent the movement or sale in intrastate commerce

of rabbit and rabbit products which are adulterated or misbranded.

Added by Laws 1989, c. 170, § 2, operative July 1, 1989.

§2-6-280.3. Definitions.

For the purposes of the Oklahoma Rabbit and Rabbit Products

Inspection Act:

1. "Adulterated" shall apply to any carcass, part thereof,

rabbit or rabbit products under one or more of the following

circumstances:

a.

if it bears or contains any poisonous or deleterious

substance which may render it injurious to health; but

in case the substance is not an added substance, such

article shall not be considered adulterated under this

paragraph if the quantity of such substance in or on

such article does not ordinarily render it injurious

to health,

b.

if it bears or contains, by reason of administration

of any substance to live rabbits or otherwise, any

added poisonous or added deleterious substance, other

than one which is:

(1) a pesticide chemical in or on a raw agricultural

commodity,

(2) a food additive, or

(3) a color additive;

which may, in the judgment of the Board, make such

article unfit for human food;

c.

if it is, in whole or in part, a raw agricultural

commodity and such commodity bears or contains a

Oklahoma Statutes - Title 2. Agriculture

pesticide chemical which is unsafe within the meaning

of Section 408 of the Federal Food, Drug, and Cosmetic

Act,

d.

if it bears or contains any food additive which is

unsafe within the meaning of Section 409 of the

Federal Food, Drug, and Cosmetic Act,

e.

if it bears or contains any color additive which is

unsafe within the meaning of Section 706 of the

Federal Food, Drug, and Cosmetic Act. Provided, that

an article which is not otherwise deemed adulterated

under subparagraph b, c, or d, shall nevertheless be

deemed adulterated if use of the pesticide chemical,

food additive, or color additive in or on such article

is prohibited by regulations of the Board in

establishments at which inspection is maintained

pursuant to the Oklahoma Rabbit and Rabbit Products

Inspection Act,

f.

if it consists in whole or in part of any filthy,

putrid, or decomposed substance or is for any other

reason unsound, unhealthful, unwholesome, or otherwise

unfit for human food;

g.

if it has been prepared, packed, or held under

unsanitary conditions whereby it may become

contaminated with filth, or whereby it may have been

rendered injurious to health,

h.

if it is, in whole or in part, the product of any

rabbit which has died otherwise than by slaughter,

i.

if its container is composed, in whole or in part, of

any poisonous or deleterious substance which may

render the contents injurious to health,

j.

if it has been intentionally subjected to radiation,

unless the use of the radiation was in conformity with

a regulation or exemption in effect pursuant to

Section 409 of the Federal Food, Drug, and Cosmetic

Act, or

k.

if any valuable constituent has been in whole or in

part omitted or abstracted therefrom; or if any

substance has been substituted, wholly or in part

therefor; or if damage or inferiority has been

concealed in any manner; or if substance has been

added thereto or mixed or packed therewith so as to

increase its bulk or weight, or reduce its quality or

strength, or make it appear better or of greater value

than it is;

2. "Board" means the State Board of Agriculture;

3. "Animal food manufacturer" means any person engaged in the

business of manufacturing or processing animal food derived wholly

Oklahoma Statutes - Title 2. Agriculture

or in part from carcasses, or parts or products of the carcasses, of

rabbits;

4. "Capable of use as human food" shall apply to any carcass,

or part or product of a carcass, of any rabbit, unless it is

denatured or otherwise identified as required by regulations

prescribed by the Board to deter its use as human food, or it is

naturally inedible by humans;

5. "Department" means the Oklahoma State Department of

Agriculture;

6. "Federal Meat Inspection Act" means the act so entitled

approved March 4, 1907 (34 Stat. 1260) as amended by the Wholesome

Meat Act (8 Stat. 584);

7. "Federal Food, Drug, and Cosmetic Act" means the act so

entitled, approved June 25, 1938 (52 Stat. 1040), and acts

amendatory thereof or supplementary thereto;

8. "Inspection" or "inspection service" means any inspection by

an inspector to determine:

a.

the condition and wholesomeness of rabbits,

b.

the condition and wholesomeness of any edible product

at any state of the preparation or packaging thereof

in the official plant where inspected and certified,

or

c.

the condition and wholesomeness of any previously

inspected and certified product if such product has

not lost its identity as an inspected and certified

product;

9. "Inspector" means any person who is duly qualified and

certified as an agent of the Oklahoma State Department of

Agriculture;

10. "Intrastate commerce" means commerce within this state;

11. "Label" means a display of written, printed, or graphic

matter upon any article or the immediate container, not including

package liners, of any article;

12. "Labeling" means all labels and other written, printed, or

graphic matter:

a.

upon any article or any of its containers or wrappers,

or

b.

accompanying such article;

13. "Misbranded" shall apply to any carcass, part thereof,

rabbit meat or rabbit product under one or more of the following

circumstances:

a.

if its labeling is false or misleading in any

particular,

b.

if it is offered for sale under the name of another

food,

c.

if it is an imitation of another food, unless its

label bears, in type of uniform size and prominence,

Oklahoma Statutes - Title 2. Agriculture

d.

e.

f.

g.

h.

i.

the word "imitation" and immediately thereafter the

name of the food imitated,

if its container is so made, formed, or filled as to

be misleading,

unless it bears a label showing:

(1) the name and place of business of the

manufacturer, packer, or distributor, and

(2) an accurate statement of the quantity of the

product in terms of weight, measure, or numerical

count. Provided, reasonable variations may be

permitted, and exemptions as to small packages or

articles not in packages or other containers may

be established, by regulations prescribed by the

Board;

if any word, statement, or other information required

by or under authority of the Oklahoma Rabbit and

Rabbit Products Inspection Act to appear on the label

or other labeling is not prominently placed thereon

with such conspicuousness, as compared with other

words, statements, designs, or devices, in the

labeling, and in such terms as to render it likely to

be read and understood by the ordinary individual

under customary conditions of purchase and use,

if it purports to be or is represented as a food for

which a definition and standard of identity or

composition has been prescribed by regulations of the

Board unless:

(1) it conforms to such definition and standard, and

(2) its label bears the name of the food specified in

the definition and standard and, insofar as may

be required by such regulations, the common names

of optional ingredients, other than spices,

flavoring, and coloring, present in such food,

if it purports to be or is represented as a food for

which a standard or standards of fill of container

have been prescribed by regulations of the Board, and

it falls below the standard of fill of container

applicable thereto, unless its label bears, in such

manner and form as such regulations specify, a

statement that it falls below such standard,

if it is not subject to the provisions of subparagraph

g unless its label bears:

(1) the common or usual name of the food, if any

there be, and

(2) in case it is fabricated from two or more

ingredients, the common or usual name of each

such ingredient; except that spices, flavorings,

Oklahoma Statutes - Title 2. Agriculture

and colorings may, when authorized by the Board,

be designated as spices, flavorings, and

colorings without naming each. Provided, that to

the extent that compliance with the requirements

of this division is impracticable, or results in

deception or unfair competition, exemptions shall

be established by regulations promulgated by the

Board,

j.

if it purports to be or is represented for special

dietary uses, unless its label bears such information

concerning its vitamin, mineral, and other dietary

properties as the Board, after consultation with the

Secretary of Agriculture of the United States,

determines to be, and by regulations prescribes as,

necessary in order fully to inform purchasers as to

its value for such uses,

k.

if it bears or contains any artificial flavoring,

artificial coloring, or chemical preservative, unless

it bears labeling stating that fact; provided, that,

to the extent that compliance with the requirements of

this subparagraph is impracticable, exemptions shall

be established by regulations promulgated by the

Board, or

l.

if it fails to bear on its containers, as the Board

may by regulations prescribe, the official inspection

legend, such other information as the Board may

require in such regulations to assure that it will not

have false or misleading labeling and that the public

will be informed of the manner of handling required to

maintain the article in a wholesome condition;

14. "Official certificate" means any certificate prescribed by

regulation of the Board for issuance by an inspector or other person

performing official functions pursuant to the Oklahoma Rabbit and

Rabbit Products Inspection Act;

15. "Official device" means any device prescribed or authorized

by the Board for use in applying any official mark;

16. "Official inspection legend" means any symbol prescribed by

regulation of the Board showing that an article was inspected for

wholesomeness in accordance with the Oklahoma Rabbit and Rabbit

Products Inspection Act;

17. "Official mark" means the official inspection legend or any

other symbol prescribed by regulation of the Board to identify the

status of any article or rabbit pursuant to the Oklahoma Rabbit and

Rabbit Products Inspection Act;

18. "Official plant" or "official establishment" means one or

more buildings or parts thereof, comprising a single plant in which

the facilities and methods of operation therein have been approved

Oklahoma Statutes - Title 2. Agriculture

by the Commissioner as suitable and adequate for operation under

inspection service;

19. "Person" means any individual, partnership, corporation,

association, or other business unit;

20. "Pesticide chemical", "food additive", "color additive",

and "raw agricultural commodity" shall have the same meanings for

purposes of the Oklahoma Rabbit and Rabbit Products Inspection Act

as such term is defined by the Federal Food, Drug, and Cosmetic Act;

21. "Processed" means slaughtered, canned, salted, stuffed,

rendered, boned, cut up, or otherwise manufactured or processed;

22. "Rabbit" means any domesticated rabbit, whether live or

dead;

23. "Rabbit product" means any rabbit carcass, or part thereof;

or any product which is made wholly or in part from any rabbit

carcass or part thereof, excepting products which contain rabbit

ingredients only in a relatively small proportion or historically

have not been considered by consumers as products of the animal food

industry, and which are exempted by the Board from definition as a

rabbit product under such conditions as the Board may prescribe to

assure that the rabbit ingredients in such products are not

adulterated and that such products are not represented as rabbit

products;

24. "Rabbit products broker" means any person engaged in the

business of buying or selling rabbit products on commission, or

otherwise negotiating purchases or sales of such articles other than

for his own account or an as employee of another person; and

25. "Renderer" means any person engaged in the business of

rendering carcasses, or parts or products of the carcasses, of

rabbits.

Added by Laws 1989, c. 170, § 3, operative July 1, 1989.

§2-6-280.4. Board - Powers and duties.

In addition to any powers and duties of the Board, the Board

shall have the power and duty to:

1. adopt and promulgate regulations necessary to provide for

the proper inspection of rabbit and rabbit products, and prescribe

conditions under which carcasses, parts of carcasses, rabbit meat

and rabbit products capable of use as human food, shall be stored,

labeled, marked or otherwise handled by any person engaged in the

business of buying, selling, freezing, storing, or transporting, in

or for intrastate commerce;

2. cooperate with the Secretary of Agriculture of the United

States in effectuating the purposes of the Oklahoma Rabbit and

Rabbit Products Inspection Act;

3. appoint inspectors to make examination and inspection of

rabbits, rabbit carcasses, all rabbit meat and rabbit products, and

Oklahoma Statutes - Title 2. Agriculture

the sanitary conditions of all plants or establishments in which

rabbit meat and rabbit products are prepared;

4. detain and seize rabbits or rabbit carcasses or rabbit

products pursuant to the provisions of the Oklahoma Rabbit and

Rabbit Products Inspection Act;

5. require reports from all persons subject to the provisions

of the Oklahoma Rabbit and Rabbit Products Inspection Act;

6. suspend inspection service pursuant to the provisions of the

Oklahoma Rabbit and Rabbit Products Inspection Act;

7. establish and enforce administrative penalties pursuant to

Section 11-1 of Title 2 of the Oklahoma Statutes;

8. enter upon any public or private property for purposes of

inspecting and investigating compliance with the Oklahoma Rabbit and

Rabbit Products Inspection Act;

9. refuse to render inspection services to any establishment

whose premises, facilities, or equipment, or the operation thereof,

fail to meet the requirements of the Oklahoma Rabbit and Rabbit

Products Inspection Act;

10. institute or cause to be instituted any necessary legal

proceedings with the Office of the Attorney General or in any court

of competent jurisdiction for an injunction relief to enforce the

provisions of the Oklahoma Rabbit and Rabbit Products Inspection

Act; and

11. exercise all incidental powers which are necessary and

proper to perform the duties of the Board pursuant to the Oklahoma

Rabbit and Rabbit Products Inspection Act.

Added by Laws 1989, c. 170, § 4, operative July 1, 1989.

§2-6-280.5. Application of act - Registration required - Prohibited

acts relating to dead, dying, disabled or diseased animals Requirements to sell rabbit products.

A. The Oklahoma Rabbit and Rabbit Products Inspection Act shall

apply to:

1. Any person that engages in the business of slaughtering any

rabbits or processing, freezing, packaging, or labeling any

carcasses, or parts or products of carcasses, of any rabbit, for

intrastate commerce, for use as human food or animal food. The

provisions of this paragraph shall not apply to:

a.

the slaughtering of rabbits owned and raised by a

person who prepares and transports the carcasses of:

(1) rabbits or parts of rabbits exclusively for his

own use or for use by members of his household or

his nonpaying guests or employees, or

(2) rabbits owned and raised by a person who prepares

and transports the carcasses of uninspected

rabbits or parts of rabbits exclusively for sale

directly to household consumers. Said persons

Oklahoma Statutes - Title 2. Agriculture

are specifically prohibited from selling or

donating uninspected rabbit products to retail

stores, brokers, meat markets, schools,

orphanages, restaurants, nursing homes and

similar establishments. Said persons are further

prohibited from sales or donation of uninspected

rabbit products to caterers, charitable

institutions, public fund raising events and

similar activities. Said persons are further

prohibited from selling uninspected rabbit

products through any type of retail market or

similar establishment owned or operated by the

rabbit owner or raiser,

b.

except as otherwise provided by this section, any

person who slaughters rabbits or processes or

otherwise handles rabbit products which have been or

are to be processed as required by recognized

religious dietary laws.

(1) Any person desiring such exemption shall make

application to the Oklahoma State Department of

Agriculture. The application shall be in such

form and contain such information as is required

by the Board.

(2) The Board may impose such conditions as to

sanitary standards, practices, and procedures in

granting such exemption as it deems necessary to

effectuate the purposes of the Oklahoma Rabbit

and Rabbit Products Inspection Act. Any person

who processes rabbit or rabbit products under

exemption from certain requirements as provided

in this division shall be subject to all of the

other applicable provisions of the Oklahoma

Rabbit and Rabbit Products Inspection Act and the

regulations promulgated pursuant thereto.

(3) Processing plants shall meet the sanitary

requirements set forth in the Oklahoma Rabbit and

Rabbit Products Inspection Act and shall be

required to qualify for inspection and operate as

official establishments;

2. Any person who engages in the business of buying or selling,

as rabbit products brokers, wholesalers, or otherwise, or

transporting, in intrastate commerce, or storing in or for

intrastate commerce, any carcasses, or parts or products of

carcasses, of any rabbit; or

3. Any person who engages in business, in or for intrastate

commerce, as a renderer, or engages in the business of buying,

selling, or transporting, in intrastate commerce, any dead, dying,

Oklahoma Statutes - Title 2. Agriculture

disabled, or diseased rabbit or parts of the carcasses of any rabbit

that died otherwise than by slaughter.

B. 1. Any person who is engaged in business specified in this

subsection shall be registered with the Board, in or for intrastate

commerce:

a.

as a meat broker, renderer, or animal food

manufacturer, or engage in business in such commerce

as a wholesaler of any carcasses, or parts or products

of the carcasses, of any rabbits whether intended for

human food or other purposes; or

b.

as a public warehouseman storing any such articles in

or for such commerce, or engage in the business of

buying, selling, or transporting in such commerce any

dead, dying, disabled, or diseased animals of the

specified kinds, or parts of the carcasses of any such

animals that died otherwise than by slaughter.

2. The application for registration shall contain the name of

such person, address of each place of business at which and all

trade names under which such person conducts such business and such

other information deemed necessary by the Board.

C. Any person, firm, or corporation who is engaged in the

business of buying, selling, or transporting in intrastate commerce

dead, dying, disabled, or diseased animals, or any parts of the

carcasses of any animals that died otherwise than by slaughter,

shall buy, sell, transport, offer for sale or transportation, or

receive for transportation, in such commerce, any dead, dying,

disabled, or diseased rabbits or parts of the carcasses of any such

animals that died otherwise than by slaughter, shall comply with

such regulations as the Board prescribes to assure that such

animals, or the unwholesome parts or products thereof, will be

prevented from being used for human food purposes.

D. On and after September 1, 1989, no rabbit products intended

for human food shall be allowed to be sold in this state without:

1. first being inspected and approved by:

a.

the United States Department of Agriculture, or

b.

the Oklahoma State Department of Agriculture; or

2. having been legally imported into this state pursuant to

existing laws of the federal Food, Drug and Cosmetic Act.

Added by Laws 1989, c. 170, § 5, operative July 1, 1989. Amended by

Laws 1990, c. 167, § 1, emerg. eff. May 2, 1990.

§2-6-280.6. Processing plants and equipment - Approval Application - Inspection - Compliance with act.

A. On and after September 1, 1989:

1. Prior to slaughtering any rabbit or processing any rabbit

products at any plant, a person owning or operating such plant shall

have the plant approved by the Department.

Oklahoma Statutes - Title 2. Agriculture

2. To receive plant approval, a person shall make application

to the State Board of Agriculture. As part of the application, the

person shall agree to comply with the terms and conditions of the

Oklahoma Rabbit and Rabbit Products Inspection Act and any

applicable regulations promulgated thereto.

3. Prior to any such approval, the plant and plant equipment

shall be inspected by the Department of Agriculture.

4. Upon the approval of the plant and plant equipment by the

Department, the plant shall be considered an official plant.

5. No rabbits affected with any disease transmissible to man

shall be slaughtered in any official establishment.

B. No establishment or plant processing rabbits or rabbit

products solely for intrastate commerce shall process any rabbits or

rabbit product capable of use as human food except in compliance

with the requirements of the Oklahoma Rabbit and Rabbit Products

Inspection Act.

Added by Laws 1989, c. 170, § 6, operative July 1, 1989.

§2-6-280.7. Supervision and rendering of inspection service Inspection of rabbits processed in official plants.

A. All inspection service shall be subject to supervision at

all times by an inspector. Such service shall be rendered where the

facilities and conditions are satisfactory for the conduct of the

service and the requisite inspectors are available.

B. Rabbits which are processed in official plants in accordance

with the Oklahoma Rabbit and Rabbit Products Inspection Act may be

inspected.

C. All rabbits that are slaughtered and processed in an

official plant where inspection service is maintained shall be

inspected for condition and wholesomeness. No dressed or

uninspected rabbit products shall be brought into such official

plant.

D. Inspection shall not be provided at any establishment for

the slaughter of rabbits, or the preparation of any carcasses or

parts or products of such animals which are not intended for human

food.

Added by Laws 1989, c. 170, § 7, operative July 1, 1989.

§2-6-280.8. Denaturing of rabbits and rabbit products.

A. Any rabbit slaughtered or processed which is not intended

for use as human food prior to its offer for sale or transportation

in intrastate commerce, unless naturally inedible by humans, shall

be denatured or otherwise identified as prescribed by regulations of

the Board to deter its use for human food.

B. No person, firm, or corporation shall buy, sell, transport,

or offer for sale or transportation, or receive for transportation,

in intrastate commerce, any carcasses, parts thereof, meat or meat

Oklahoma Statutes - Title 2. Agriculture

food products of any rabbits which are not intended for use as human

food unless they are denatured or otherwise identified as required

by the regulations of the Board or are naturally inedible by humans.

Added by Laws 1989, c. 170, § 8, operative July 1, 1989.

§2-6-280.9. Records - Inspection - Maintenance.

A. All persons subject to the provisions of the Oklahoma Rabbit

and Rabbit Products Inspection Act shall keep such records as

willfully and correctly disclose all transactions involved in their

businesses. All persons, subject to such requirements shall, at all

reasonable times, upon notice by a duly authorized representative of

the Board, afford such representative and any duly authorized

representative of the Secretary of Agriculture of the United States

accompanied by such representative of the Board access to their

places of business and opportunity to examine the facilities,

inventory, and records thereof, to copy all such records, and to

take reasonable samples of their inventory.

B. Any record required to be maintained by this section shall

be maintained for such period of time as the Board may by

regulations prescribe.

Added by Laws 1989, c. 170, § 9, operative July 1, 1989.

§2-6-280.10. Prohibitions relating to processing, transportation

and sale of rabbits.

A. On and after September 1, 1989, no person shall:

1. slaughter any rabbit or process any rabbit products which

are capable of use as human food at any establishment processing any

such articles solely for intrastate commerce, except in compliance

with the requirements of the Oklahoma Rabbit and Rabbit Products

Inspection Act; and

2. sell, transport, offer for sale or transportation, or

receive for transportation, in intrastate commerce or from an

official establishment, any slaughtered rabbit from which the blood,

feet, head, or viscera have not been removed in accordance with

regulations promulgated by the Board, except as may be authorized by

regulations of the Board.

B. No person shall:

1. sell, transport, offer for sale or transportation, or

receive for transportation, in intrastate commerce:

a.

any rabbit products which are capable of use as human

food and are adulterated or misbranded at the time of

such sale, transportation, offer for sale or

transportation, or receipt for transportation, or

b.

any rabbit products required to be inspected pursuant

to the Oklahoma Rabbit and Rabbit Products Inspection

Act unless they have been so inspected and passed;

Oklahoma Statutes - Title 2. Agriculture

2. perform any act which is intended to cause or has the effect

of causing such rabbit or rabbit products to be adulterated or

misbranded;

3. use to his own advantage, or reveal other than to the

authorized representatives of the state government or any other

government in their official capacity, or as ordered by a court in

any judicial proceedings, any information acquired under the

authority of the Oklahoma Rabbit and Rabbit Products Inspection Act

concerning any matter which is entitled to protection as a trade

secret.

C. No brand manufacturer, printer, or other person shall cast,

print, lithograph, or otherwise make any device containing any

official mark or simulation thereof, or any label bearing any such

mark or simulation, or any form of official certificate or

simulation thereof, except as authorized by the Board.

D. No person shall:

1. forge any official device, mark, or certificate;

2. without authorization from the Board use any official

device, mark, or certificate, or simulation thereof, or alter,

detach, deface, or destroy any official device, mark, or certificate

including "Oklahoma Rejected" or "Oklahoma Retained" tags;

3. contrary to the regulations prescribed by the Board, fail to

use, or to detach, deface, or destroy any official device, mark, or

certificate;

4. knowingly possess, without promptly notifying the Board or

its representative, any official device or any counterfeit,

simulated, forged, or improperly altered official certificate or any

device or label or any carcass of any rabbit, or part or product

thereof, bearing any counterfeit, simulated, forged, or improperly

altered official mark;

5. knowingly make any false statement in any shipper's

certificate or other nonofficial or official certificate provided

for in the regulations prescribed by the Board; or

6. knowingly represent that any article has been inspected and

passed, or exempted, pursuant to the Oklahoma Rabbit and Rabbit

Products Inspection Act when, in fact, it has, respectively, not

been so inspected and passed, or exempted.

Added by Laws 1989, c. 170, § 10, operative July 1, 1989.

§2-6-280.11. Suspension of plant approval - Denial or withdrawal of

inspection service.

A. 1. Any plant approval given pursuant to the Oklahoma Rabbit

and Rabbit Products Inspection Act may be suspended by the

Department for:

a.

failure to maintain a plant and equipment in a

satisfactory state of repair;

Oklahoma Statutes - Title 2. Agriculture

b.

failure to maintain plant or equipment in a sanitary

manner on a continuing basis;

c.

the use of operating procedure which are not in

accordance with the Oklahoma Rabbit and Rabbit

Products Inspection Act or regulations promulgated

thereto;

d.

alterations of buildings, facilities, or equipment

which cannot be approved in accordance with the

Oklahoma Rabbit and Rabbit Products Inspection Act or

regulations promulgated thereto;

e.

assault on an agency of the Board; or

f.

failure to properly denature condemned and inedible

materials.

2. During such period of suspension, inspection service shall

not be rendered. However, the other provisions of the Oklahoma

Rabbit and Rabbit Products Inspection Act pertaining to providing

such service on a resident basis will remain in effect unless such

service is terminated in accordance with duly authorized regulations

promulgated by the Department. Upon suspension of inspection

service in an official plant, the plant approval shall also become

suspended, and all labels, seals, tags or packaging material bearing

official identification shall be destroyed, or the official

identification completely obliterated, or sealed in a manner

acceptable to the Department.

B. 1. The Board may refuse to provide, or withdraw, inspection

service with respect to any establishment if it determines, after

opportunity for a hearing is accorded to the applicant for, or

recipient of, such service, that such applicant or recipient is

unfit to engage in any business requiring inspection because the

applicant or recipient, or any person responsibly connected with the

applicant or recipient, has been convicted, in any federal or state

court of:

a.

any felony, or

b.

more than one violation of any law, other than a

felony, based upon the acquiring, handling, or

distributing of unwholesome, mislabeled, or

deceptively packaged food or upon fraud in connection

with transactions in food.

2. This section shall not affect in any way other provisions of

the Oklahoma Rabbit and Rabbit Products Inspection Act for

withdrawal of inspection services from establishments failing to

maintain sanitary conditions or to destroy condemned carcasses,

parts, meats or meat food products.

3. For the purpose of this subsection, a person shall be deemed

to be responsibly connected with the business if he was a partner,

officer, director, holder, or owner of ten percent (10%) or more of

its voting stock or employee in a managerial or executive capacity.

Oklahoma Statutes - Title 2. Agriculture

The determination and order of the Board with respect thereto

pursuant to this section shall be final and conclusive unless the

affected applicant for, or recipient of, inspection service files

application for judicial review within thirty (30) days after the

effective date of such order in the appropriate court. Judicial

review of any such order shall be upon the record upon which the

determination and order are based.

Added by Laws 1989, c. 170, § 11, operative July 1, 1989.

§2-6-280.12. Detention of certain rabbits and rabbit products.

A. Whenever any rabbit carcass, part of a carcass, rabbit meat

or rabbit product, or any dead, dying, disabled, or diseased rabbit

is found by any authorized representative of the Board upon any

premises where it is held for purposes of or during or after

distribution in intrastate commerce, and there is reason to believe

that any such article is adulterated or misbranded and is capable of

use as human food, or that it has not been inspected, in violation

of the provisions of the Oklahoma Rabbit and Rabbit Products

Inspection Act or of the Federal Meat Inspection Act or the Federal

Food, Drug, and Cosmetic Act, or that such article or animal has

been or is intended to be distributed in violation of any such

provisions, it may be detained by such representative for a period

not to exceed twenty (20) days, pending action pursuant to the

Oklahoma Rabbit and Rabbit Products Inspection Act or notification

of any federal authorities having jurisdiction over such article or

animal, and shall not be moved by any person, firm, or corporation

from the place at which it is located when so detained, until

released by such representative. All official marks may be required

by such representative to be removed from such article or animal

before it is released unless it appears to the satisfaction of the

Board that the article or animal is eligible to retain such marks.

B. 1. Any carcass, part of a carcass, meat or meat food

product of rabbits, or any dead, dying, disabled, or diseased

rabbits, that is being transported in intrastate commerce, or is

held for sale in this state after such transportation, and that:

a.

is or has been prepared, sold, transported, or

otherwise distributed or offered or received for

distribution in violation of the Oklahoma Rabbit and

Rabbit Products Inspection Act,

b.

is capable of use as human food and is adulterated or

misbranded, or

c.

in any other way is in violation of the Oklahoma

Rabbit and Rabbit Products Inspection Act,

may be seized and condemned, at any time, on an information

filed in any proper court as provided in the Oklahoma Rabbit and

Rabbit Products Inspection Act within the jurisdiction of which the

article or animal is found. Any article or animal so condemned

Oklahoma Statutes - Title 2. Agriculture

shall, after entry of the decree, be destroyed or sold for court

costs, and storage and other fees. Any storage and other fees shall

be paid into the State Treasury. The article or animal shall not be

sold contrary to the provisions of the Oklahoma Rabbit and Rabbit

Products Inspection Act, or the Federal Meat Inspection Act or the

Federal Food, Drug, and Cosmetic Act.

2. Upon the execution and delivery of a good and sufficient

bond conditioned that the article or animal shall not be sold or

otherwise disposed of contrary to the provisions of the Oklahoma

Rabbit and Rabbit Products Inspection Act, or the laws of the United

States, the court may direct that such article or animal be

delivered to the owner thereof subject to such supervision by

authorized representatives of the Board as is necessary to ensure

compliance with the applicable laws. When a decree of condemnation

is entered against the article or animal and it is released under

bond or destroyed, court costs and storage and other proper fees

shall be awarded against the person, if any, intervening as claimant

of the article or animal. The proceedings shall be at the suit of

and in the name of this state.

C. The provisions of this section shall in no way derogate from

authority for condemnation or seizure conferred by other provisions

of the Oklahoma Rabbit and Rabbit Products Inspection Act, or other

laws of this state.

Added by Laws 1989, c. 170, § 12, operative July 1, 1989.

§2-6-280.13. Violations - Notice - Hearing - Orders - Service of

process.

A. Whenever the Board determines there are reasonable grounds

to believe that there has been a violation of any of the provisions

of the Oklahoma Rabbit and Rabbit Products Inspection Act, any rule

or regulation promulgated thereto, or any order of the Board, it

shall give written notice to the alleged violator specifying the

cause of complaint. Such notice shall require that the matters

complained of be corrected or that the alleged violator appear

before the Board at a time and place within the affected area or in

a mutually agreeable location specified in the notice and answer the

charges. The notice shall be delivered to the alleged violator or

violators in accordance with the provisions of subsection D of this

section not less than twenty (20) days before the time set for the

hearing.

B. The Board shall afford the alleged violator or violators an

opportunity for a fair hearing in accordance with the provisions of

subsection E of this section. On the basis of the evidence produced

at the hearing, the Board shall make findings of fact and

conclusions of law and enter an order thereon. The Board shall give

written notice of such order to the alleged violator and to such

other persons as shall have appeared at the hearing and made written

Oklahoma Statutes - Title 2. Agriculture

request for notice of the order. If the hearing is held before any

person other than the Board itself, such person shall transmit the

record of the hearing together with recommendations for findings of

fact and conclusions of law to the Board which shall thereupon enter

its order. The Board may, in its discretion, enter its order on the

basis of such record or, before issuing its order, require

additional hearings or further evidence to be presented. The order

of the Board shall become final and binding on all parties unless

appealed to the district court as provided in Article II of the

Administrative Procedures Act within thirty (30) days after notice

has been sent to the parties.

C. Whenever the Board finds that an emergency exists requiring

immediate action to protect the public health or welfare it may

without notice or hearing issue an order reciting the existence of

such an emergency and requiring that such action be taken as it

deems necessary to meet the emergency. Notwithstanding the

provisions of subsection B of this section, such order shall be

effective immediately. Any person to whom such an order is directed

shall comply therewith immediately but on application to the Board

shall be afforded a hearing within ten (10) days. On the basis of

such hearing, the Board shall continue such order in effect, revoke

it or modify it; provided, that any person aggrieved by such order

continued after the hearing provided in this subsection may appeal

to the district court of the area affected within thirty (30) days.

Such appeal when docketed shall have priority over all cases pending

on said docket, except criminal.

D. Except as otherwise expressly provided, any notice, order or

other instrument issued by or under authority of the Board may be

served on any person affected thereby personally or by publication.

Proof of such service shall be made as in case of service of a

summons or by publication in a civil action, such proof to be filed

in the office of the Board; or such service may be made by mailing a

copy of the notice, order or other instrument by registered mail

directed to the person affected at his last-known post office

address as shown by the files or records of the Board, and proof

thereof may be made by the affidavit of the person who did the

mailing, filed in the office of the Board.

Every certificate or affidavit of service made and filed as

herein provided shall be prima facie evidence of the facts therein

stated, and a certified copy thereof shall have like force and

effect.

E. The hearings herein provided may be conducted by the Board

itself at a regular or special meeting of the Board, or the Board

may designate hearing officers who shall have the power and

authority to conduct such hearings in the name of the Board at any

time and place. Such hearings shall be conducted in conformity with

Oklahoma Statutes - Title 2. Agriculture

and records made thereof as provided in the Administrative

Procedures Act.

Added by Laws 1989, c. 170, § 13, operative July 1, 1989.

§2-6-280.14. Violations - Penalties.

A. Any person who willfully:

1. makes, or causes to be made, any false entry or statement of

fact in any report required to be made pursuant to the Oklahoma

Rabbit and Rabbit Products Inspection Act;

2. makes, or causes to be made, any false entry in any account,

record, or memorandum kept by any person subject to the Oklahoma

Rabbit and Rabbit Products Inspection Act;

3. neglects or fails to make, or causes to be made, full, true,

and correct entries in such accounts, records, or memoranda, of all

facts and transactions appertaining to the business of such person;

4. removes out of the jurisdiction of this state, or willfully

mutilates, alters, or by any other means falsifies any documentary

evidence of any such person; or

5. refuses to submit to the Board or to any of its authorized

agents, for the purpose of inspection and taking copies, any

documentary evidence of any such person, firm, or corporation in his

possession or within his control,

shall be deemed guilty and shall be subject, upon conviction in any

court of competent jurisdiction, to a fine of not more than Five

Thousand Dollars ($5,000.00).

B. Any officer or employee of this state who shall make public

any information obtained by the Board, without its authority, unless

directed by a court, shall be deemed guilty of a misdemeanor, and,

upon conviction thereof, shall be punished by a fine not exceeding

Five Thousand Dollars ($5,000.00).

C. Any person who violates any provision of the Oklahoma Rabbit

and Rabbit Products Inspection Act for which no other criminal

penalty is provided by the Oklahoma Rabbit and Rabbit Products

Inspection Act shall, upon conviction, be subject to a fine of not

more than One Thousand Dollars ($1,000.00).

D. If a violation involved intent to defraud, or any

distribution or attempted distribution of an article that is

adulterated, such person shall be subject to a fine of not more than

Ten Thousand Dollars ($10,000.00).

Added by Laws 1989, c. 170, § 14, operative July 1, 1989.

§2-6-280.15. Good faith violations - Alternatives to prosecution.

A. No person shall be subject to penalties pursuant to this

section for receiving for transportation any article or animal in

violation of the Oklahoma Rabbit and Rabbit Products Inspection Act

if such receipt was made in good faith, unless such person refuses

to furnish on request of a representative of the Board the name and

Oklahoma Statutes - Title 2. Agriculture

address of the person from whom he received such article or animal,

and copies of all documents, if any there be, pertaining to the

delivery of the article or animal to him.

B. Nothing in the Oklahoma Rabbit and Rabbit Products

Inspection Act shall be construed as requiring the Board to report

for prosecution, or for the institution of legal action or

injunction proceedings, minor violations of the Oklahoma Rabbit and

Rabbit Products Inspection Act whenever it believes that the public

interest will be adequately served by a suitable written notice of

warning.

Added by Laws 1989, c. 170, § 15, operative July 1, 1989.

§2-6-281. Title.

This act shall be known and may be cited as the "Equine

Infectious Anemia Eradication Act".

Laws 1975, c. 347, § 1, emerg. eff. June 12, 1975.

§2-6-282. Definitions.

As used in Section 6-281 et seq. of this title unless the

context otherwise requires:

1. "Equine infectious anemia" or "EIA" means the communicable,

infectious disease which affects only equidae and is caused by the

virus of equine infectious anemia;

2. "Board" means the State Board of Agriculture;

3. "Equidae" means a family of perissodactyl ungulate mammals

containing a single genus, Equus, which includes horses, asses,

jacks, jennies, hinnies, mules, donkeys, burros, ponies and zebras;

4. "Official test" means a test for equine infectious anemia

which has been conducted in a laboratory approved by the Board and

the United States Department of Agriculture for the purpose of

conducting this test or any other test or examination for the

detection of equine infectious anemia approved by the Department;

and

5. "Reactor" means any equidae which discloses a positive

reaction to an official test for equine infectious anemia.

Added by Laws 1975, c. 347, § 2, emerg. eff. June 12, 1975. Amended

by Laws 2019, c. 72, § 1, eff. Nov. 1, 2019.

§2-6-283. Testing.

Upon request by the Board, all owners of equidae within the

State of Oklahoma shall submit their animals for an official test

for the detection of equine infectious anemia, or for application of

official identification. Such owners shall provide the necessary

facilities for conducting tests, or identifying animals, and shall

render such assistance as may be required by the Board.

Laws 1975, c. 347, § 3, emerg. eff. June 12, 1975.

Oklahoma Statutes - Title 2. Agriculture

§2-6-284. Quarantine.

The Board may quarantine any animal which is determined to be a

reactor; such animal shall be quarantined under conditions as

specified by the Board. Reactors shall remain under quarantine

until their natural death, slaughter or disposition by euthanasia or

until released by a written notice from the Board. The Board shall

require identification of reactors as deemed necessary.

Laws 1975, c. 347, § 4, emerg. eff. June 12, 1975.

§2-6-285. Shipment restrictions.

The Board may require that all equidae be negative to an

official test for equine infectious anemia prior to entry into

Oklahoma, or movement within the state.

Laws 1975, c. 347, § 5, emerg. eff. June 12, 1975.

§2-6-286. Rules.

The Board may make and adopt reasonable rules and regulations

for the administration and enforcement of this act. The Board, or

its representatives, in performing the duties vested in it under

this act is empowered to enter, during usual working hours, any

premises, barns, stables or other places where equidae are kept, for

the purpose of administering this act.

Laws 1975, c. 347, § 6, emerg. eff. June 12, 1975.

§2-6-287. Penalty.

Any person violating any provision of this act or of any rules,

regulation or order of the Board issued pursuant to this act is

guilty of a misdemeanor.

Laws 1975, c. 347, § 7, emerg. eff. June 12, 1975.

§2-6-290.1. Short title.

Sections 2 through 13 of this act shall be known and may be

cited as the "Exotic Livestock and Exotic Livestock Products

Inspection Act".

Added by Laws 1991, c. 231, § 1, eff. Sept. 1, 1991.

§2-6-290.2. Legislative findings and policy.

A. Exotic livestock and exotic livestock products are becoming

an important source of the nation's supply of food. It is essential

in the public interest that the health and welfare of consumers be

protected by assuring that slaughtered exotic livestock and exotic

livestock products distributed to them are wholesome, not

adulterated, and properly marked, labeled, and packaged.

Unwholesome, adulterated, or misbranded exotic livestock are

injurious to the public welfare, destroy markets for wholesome, not

adulterated, and properly labeled and packaged exotic livestock and

exotic livestock products, and result in sundry losses to exotic

Oklahoma Statutes - Title 2. Agriculture

livestock producers and processors of exotic livestock and exotic

livestock products, as well as injury to consumers. The

unwholesome, adulterated, mislabeled, or deceptively packaged

articles can be sold at lower prices and compete unfairly with the

wholesome, not adulterated, and properly labeled and packaged

articles, to the detriment of consumers and the public generally.

B. It is hereby declared to be the policy of the Legislature of

this state to provide for the inspection of exotic livestock and

exotic livestock products and otherwise regulate the processing and

distribution of such articles to prevent the movement or sale of

exotic livestock and exotic livestock products which are adulterated

or misbranded.

Added by Laws 1991, c. 231, § 2, eff. Sept. 1, 1991. Amended by

Laws 1992, c. 101, § 1, emerg. eff. April 20, 1992.

§2-6-290.3. Definitions.

For the purposes of the Exotic Livestock and Exotic Livestock

Products Inspection Act:

1. "Adulterated" shall apply to any carcass, part thereof,

exotic livestock or exotic livestock products under one or more of

the following circumstances:

a.

if it bears or contains any poisonous or deleterious

substance which may render it injurious to health; but

in case the substance is not an added substance, such

article shall not be considered adulterated under this

paragraph if the quantity of such substance in or on

such article does not ordinarily render it injurious

to health,

b.

if it bears or contains, by reason of administration

of any substance to live exotic livestock or

otherwise, any added poisonous or added deleterious

substance, other than one which is:

(1) a pesticide chemical in or on a raw agricultural

commodity,

(2) a food additive, or

(3) a color additive;

which may, in the judgment of the Board, make such

article unfit for human food,

c.

if it is, in whole or in part, a raw agricultural

commodity and such commodity bears or contains a

pesticide chemical which is unsafe within the meaning

of Section 408 of the Federal Food, Drug, and Cosmetic

Act,

d.

if it bears or contains any food additive which is

unsafe within the meaning of Section 409 of the

Federal Food, Drug, and Cosmetic Act,

Oklahoma Statutes - Title 2. Agriculture

e.

if it bears or contains any color additive which is

unsafe within the meaning of Section 706 of the

Federal Food, Drug, and Cosmetic Act. Provided, that

an article which is not otherwise deemed adulterated

under subparagraph b, c, or d, shall nevertheless be

deemed adulterated if use of the pesticide chemical,

food additive, or color additive in or on such article

is prohibited by regulations of the Board in

establishments at which inspection is maintained

pursuant to the Exotic Livestock and Exotic Livestock

Products Inspection Act,

f.

if it consists in whole or in part of any filthy,

putrid, or decomposed substance or is for any other

reason unsound, unhealthful, unwholesome, or otherwise

unfit for human food,

g.

if it has been prepared, packed, or held under

unsanitary conditions whereby it may become

contaminated with filth, or whereby it may have been

rendered injurious to health,

h.

if it is, in whole or in part, the product of any

exotic livestock which has died otherwise than by

slaughter,

i.

if its container is composed, in whole or in part, of

any poisonous or deleterious substance which may

render the contents injurious to health,

j.

if it has been intentionally subjected to radiation,

unless the use of the radiation was in conformity with

a regulation or exemption in effect pursuant to

Section 409 of the Federal Food, Drug, and Cosmetic

Act, or

k.

if any valuable constituent has been in whole or in

part omitted or abstracted therefrom; or if any

substance has been substituted, wholly or in part

therefor; or if damage or inferiority has been

concealed in any manner; or if substance has been

added thereto or mixed or packed therewith so as to

increase its bulk or weight, or reduce its quality or

strength, or make it appear better or of greater value

than it is;

2. "Board" means the State Board of Agriculture;

3. "Animal food manufacturer" means any person engaged in the

business of manufacturing or processing animal food derived wholly

or in part from carcasses, or parts or products of the carcasses, of

exotic livestock;

4. "Capable of use as human food" shall apply to any carcass,

or part or product of a carcass, of any exotic livestock, unless it

Oklahoma Statutes - Title 2. Agriculture

is identified as required by regulations prescribed by the Board to

deter its use as human food, or it is naturally inedible by humans;

5. "Department" means the Oklahoma State Department of

Agriculture;

6. "Exotic livestock" means commercially raised livestock

including but not limited to animals of the families bovidae,

cervidae and antilocapridae or birds of the ratite group;

7. "Federal Meat Inspection Act" means the act so entitled

approved March 4, 1907 (34 Stat. 1260) as amended by the Wholesome

Meat Act (8 Stat. 584);

8. "Federal Food, Drug, and Cosmetic Act" means the act so

entitled, approved June 25, 1938 (52 Stat. 1040), and acts

amendatory thereof or supplementary thereto;

9. "Inspection" or "inspection service" means any inspection by

an inspector to determine:

a.

the condition and wholesomeness of exotic livestock,

b.

the condition and wholesomeness of any edible product

at any state of the preparation or packaging thereof

in the official plant where inspected and certified,

or

c.

the condition and wholesomeness of any previously

inspected and certified product if such product has

not lost its identity as an inspected and certified

product;

10. "Inspector" means any person who is duly qualified and

certified as an agent of the Oklahoma State Department of

Agriculture;

11. "Label" means a display of written, printed, or graphic

matter upon any article or the immediate container, not including

package liners, of any article;

12. "Labeling" means all labels and other written, printed, or

graphic matter:

a.

upon any article or any of its containers or wrappers,

or

b.

accompanying such article;

13. "Misbranded" shall apply to any carcass, part thereof,

exotic livestock meat or exotic livestock product under one or more

of the following circumstances:

a.

if its labeling is false or misleading in any

particular,

b.

if it is offered for sale under the name of another

food,

c.

if it is an imitation of another food, unless its

label bears, in type of uniform size and prominence,

the word "imitation" and immediately thereafter the

name of the food imitated,

Oklahoma Statutes - Title 2. Agriculture

d.

e.

f.

g.

h.

i.

if its container is so made, formed, or filled as to

be misleading,

unless it bears a label showing:

(1) the name and place of business of the

manufacturer, packer, or distributor, and

(2) an accurate statement of the quantity of the

product in terms of weight, measure, or numerical

count. Provided, reasonable variations may be

permitted, and exemptions as to small packages or

articles not in packages or other containers may

be established, by regulations prescribed by the

Board;

if any word, statement, or other information required

by or under authority of the Exotic Livestock and

Exotic Livestock Products Inspection Act to appear on

the label or other labeling is not prominently placed

thereon with such conspicuousness, as compared with

other words, statements, designs, or devices, in the

labeling, and in such terms as to render it likely to

be read and understood by the ordinary individual

under customary conditions of purchase and use,

if it purports to be or is represented as a food for

which a definition and standard of identity or

composition has been prescribed by regulations of the

Board unless:

(1) it conforms to such definition and standard, and

(2) its label bears the name of the food specified in

the definition and standard and, insofar as may

be required by such regulations, the common names

of optional ingredients, other than spices,

flavoring, and coloring, present in such food,

if it purports to be or is represented as a food for

which a standard or standards of fill of container

have been prescribed by regulations of the Board, and

it falls below the standard of fill of container

applicable thereto, unless its label bears, in such

manner and form as such regulations specify, a

statement that it falls below such standard,

if it is not subject to the provisions of subparagraph

g unless its label bears:

(1) the common or usual name of the food, if any

there be, and

(2) in case it is fabricated from two or more

ingredients, the common or usual name of each

such ingredient; except that spices, flavorings,

and colorings may, when authorized by the Board,

be designated as spices, flavorings, and

Oklahoma Statutes - Title 2. Agriculture

colorings without naming each. Provided, that to

the extent that compliance with the requirements

of this division is impracticable, or results in

deception or unfair competition, exemptions shall

be established by regulations promulgated by the

Board,

j.

if it purports to be or is represented for special

dietary uses, unless its label bears such information

concerning its vitamin, mineral, and other dietary

properties as the Board, after consultation with the

Secretary of Agriculture of the United States,

determines to be, and by regulations prescribes as,

necessary in order fully to inform purchasers as to

its value for such uses,

k.

if it bears or contains any artificial flavoring,

artificial coloring, or chemical preservative, unless

it bears labeling stating that fact; provided, that,

to the extent that compliance with the requirements of

this subparagraph is impracticable, exemptions shall

be established by regulations promulgated by the

Board, or

l.

if it fails to bear on its containers, as the Board

may by regulations prescribe, the official inspection

legend, such other information as the Board may

require in such regulations to assure that it will not

have false or misleading labeling and that the public

will be informed of the manner of handling required to

maintain the article in a wholesome condition;

14. "Official certificate" means any certificate prescribed by

regulation of the Board for issuance by an inspector or other person

performing official functions pursuant to the Exotic Livestock and

Exotic Livestock Products Inspection Act;

15. "Official device" means any device prescribed or authorized

by the Board for use in applying any official mark;

16. "Official inspection legend" means any symbol prescribed by

regulation of the Board showing that an article was inspected for

wholesomeness in accordance with the Exotic Livestock and Exotic

Livestock Products Inspection Act;

17. "Official mark" means the official inspection legend or any

other symbol prescribed by regulation of the Board to identify the

status of any article or exotic livestock pursuant to the Exotic

Livestock and Exotic Livestock Products Inspection Act;

18. "Official plant" or "official establishment" means one or

more buildings or parts thereof, comprising a single plant in which

the facilities and methods of operation therein have been approved

by the Board as suitable and adequate for operation under inspection

service;

Oklahoma Statutes - Title 2. Agriculture

19. "Person" means any individual, partnership, corporation,

association, or other business unit;

20. "Pesticide chemical", "food additive", "color additive",

and "raw agricultural commodity" shall have the same meanings for

purposes of the Exotic Livestock and Exotic Livestock Products

Inspection Act as such term is defined by the Federal Food, Drug,

and Cosmetic Act;

21. "Processed" means slaughtered, canned, salted, stuffed,

rendered, boned, cut up, or otherwise manufactured or processed;

22. "Product" means any carcass of exotic livestock, or part

thereof; or any product which is made wholly or in part from any

carcass of exotic livestock or part thereof, excepting products

which contain exotic livestock ingredients only in a relatively

small proportion or historically have not been considered by

consumers as products of the animal food industry, and which are

exempted by the Board from definition as an exotic livestock product

under such conditions as the Board may prescribe to assure that the

exotic livestock ingredients in such products are not adulterated

and that such products are not represented as exotic livestock

products;

23. "Exotic livestock broker" means any person engaged in the

business of buying or selling exotic livestock products on

commission, or otherwise negotiating purchases or sales of such

articles other than for his own account or as an employee of another

person; and

24. "Renderer" means any person engaged in the business of

rendering carcasses, or parts or products of the carcasses, of

exotic livestock.

Added by Laws 1991, c. 231, § 3, eff. Sept. 1, 1991. Amended by

Laws 1992, c. 101, § 2, emerg. eff. April 20, 1992.

§2-6-290.4. Board - Powers and duties.

In addition to any powers and duties of the Board provided for

by law, the Board shall have the power and duty to:

1. Adopt and promulgate regulations necessary to provide for

the proper inspection of exotic livestock and exotic livestock

products, and prescribe conditions under which carcasses, parts of

carcasses, exotic livestock meat and exotic livestock products

capable of use as human food, shall be stored, labeled, marked or

otherwise handled by any person engaged in the business of buying,

selling, freezing, storing, or transporting, in or for intrastate

commerce;

2. Cooperate with the Secretary of Agriculture of the United

States in effectuating the purposes of the Exotic Livestock and

Exotic Livestock Products Inspection Act;

3. Appoint inspectors to make examination and inspection of

exotic livestock, exotic livestock carcasses, all exotic livestock

Oklahoma Statutes - Title 2. Agriculture

meat and exotic livestock products, and the sanitary conditions of

all plants or establishments in which exotic livestock meat and

exotic livestock products are prepared;

4. Detain and seize exotic livestock or exotic livestock

carcasses or exotic livestock products pursuant to the provisions of

the Exotic Livestock and Exotic Livestock Products Inspection Act;

5. Require reports from all persons subject to the provisions

of the Exotic Livestock and Exotic Livestock Products Inspection

Act;

6. Suspend inspection service pursuant to the provisions of the

Exotic Livestock and Exotic Livestock Products Inspection Act;

7. Establish and enforce administrative penalties pursuant to

Section 11-1 of Title 2 of the Oklahoma Statutes;

8. Enter upon any public or private property for purposes of

inspecting and investigating compliance with the Exotic Livestock

and Exotic Livestock Products Inspection Act;

9. Refuse to render inspection services to any establishment

whose premises, facilities, or equipment, or the operation thereof,

fail to meet the requirements of the Exotic Livestock and Exotic

Livestock Products Inspection Act;

10. Institute or cause to be instituted any necessary legal

proceedings with the Office of the Attorney General or in any court

of competent jurisdiction for an injunction relief to enforce the

provisions of the Exotic Livestock and Exotic Livestock Products

Inspection Act; and

11. Exercise all incidental powers which are necessary and

proper to perform the duties of the Board pursuant to the Exotic

Livestock and Exotic Livestock Products Inspection Act.

Added by Laws 1991, c. 231, § 4, eff. Sept. 1, 1991.

§2-6-290.5. Application of act - Registration with Board - Dead,

dying, disabled or diseased animals - Prerequisites for sale.

A. The Exotic Livestock and Exotic Livestock Products

Inspection Act shall apply to:

1. Any person that engages in the business of slaughtering any

exotic livestock or processing, freezing, packaging, or labeling any

carcasses, or parts or products of carcasses, of any exotic

livestock for use as human food or animal food. The provisions of

this paragraph shall not apply to:

a.

the slaughtering of exotic livestock owned and raised

by a person who prepares and transports the carcasses

of exotic livestock or parts of exotic livestock

exclusively for his own use or for use by members of

his household or his nonpaying guests or employees, or

b.

except as otherwise provided by this section, any

person who slaughters exotic livestock or processes or

otherwise handles exotic livestock products which have

Oklahoma Statutes - Title 2. Agriculture

been or are to be processed as required by recognized

religious dietary laws.

(1) Any person desiring such exemption shall make

application to the Oklahoma State Department of

Agriculture. The application shall be in such

form and contain such information as is required

by the Board.

(2) The Board may impose such conditions as to

sanitary standards, practices, and procedures in

granting such exemption as it deems necessary to

effectuate the purposes of the Exotic Livestock

and Exotic Livestock Products Inspection Act.

Any person who processes exotic livestock or

exotic livestock products under exemption from

certain requirements as provided in this division

shall be subject to all of the other applicable

provisions of the Exotic Livestock and Exotic

Livestock Products Inspection Act and the

regulations promulgated pursuant thereto.

(3) Processing plants shall meet the sanitary

requirements set forth in the Exotic Livestock

and Exotic Livestock Products Inspection Act and

shall be required to qualify for inspection and

operate as official establishments;

2. Any person who engages in the business of buying or selling,

as exotic livestock products brokers, wholesalers, or otherwise, or

transporting or storing any carcasses, or parts or products of

carcasses, of any exotic livestock; or

3. Any person who engages in business as a renderer, or engages

in the business of buying, selling, or transporting any dead, dying,

disabled, or diseased exotic livestock or parts of the carcasses of

any exotic livestock that died otherwise than by slaughter.

B. 1. Any person who is engaged in business specified in this

subsection shall be registered with the Board:

a.

as a meat broker, renderer, or animal food

manufacturer, or engage in business in such commerce

as a wholesaler of any carcasses, or parts or products

of the carcasses, of any exotic livestock whether

intended for human food or other purposes; or

b.

as a public warehouseman storing any such articles in

or for such commerce, or engage in the business of

buying, selling, or transporting in such commerce any

dead, dying, disabled, or diseased animals of the

specified kinds, or parts of the carcasses of any such

animals that died otherwise than by slaughter.

2. The application for registration shall contain the name of

such person, address of each place of business at which and all

Oklahoma Statutes - Title 2. Agriculture

trade names under which such person conducts such business and such

other information deemed necessary by the Board.

C. Any person, firm, or corporation who is engaged in the

business of buying, selling, or transporting dead, dying, disabled,

or diseased animals, or any parts of the carcasses of any animals

that died otherwise than by slaughter, shall buy, sell, transport,

offer for sale or transportation, or receive for transportation, in

such commerce, any dead, dying, disabled, or diseased exotic

livestock or parts of the carcasses of any such animals that died

otherwise than by slaughter, shall comply with such regulations as

the Board prescribes to assure that such animals, or the unwholesome

parts or products thereof, will be prevented from being used for

human food purposes.

D. On and after September 1, 1991, no exotic livestock products

intended for human food shall be allowed to be sold in this state

without:

1. First being inspected and approved by:

a.

the United States Department of Agriculture,

b.

the Oklahoma State Department of Agriculture, or

c.

a program from another state approved by the Board; or

2. Having been legally imported into this state pursuant to

existing laws of the Federal Food, Drug and Cosmetic Act.

Added by Laws 1991, c. 231, § 5, eff. Sept. 1, 1991. Amended by

Laws 1992, c. 101, § 3, emerg. eff. April 20, 1992.

§2-6-290.6. Operation of slaughtering plant - Approval of plant Compliance with act.

A. On and after September 1, 1991:

1. Prior to slaughtering any exotic livestock or processing any

exotic livestock products at any plant, a person owning or operating

such plant shall have the plant approved by the Department.

2. To receive plant approval, a person shall make application

to the State Board of Agriculture. As part of the application, the

person shall agree to comply with the terms and conditions of the

Exotic Livestock and Exotic Livestock Products Inspection Act and

any applicable regulations promulgated thereto.

3. Prior to any such approval, the plant and plant equipment

shall be inspected by the Department of Agriculture.

4. Upon the approval of the plant and plant equipment by the

Department, the plant shall be considered an official plant.

B. No establishment or plant processing exotic livestock or

exotic livestock products shall process any exotic livestock or

exotic livestock product capable of use as human food except in

compliance with the requirements of the Exotic Livestock and Exotic

Livestock Products Inspection Act.

Added by Laws 1991, c. 231, § 6, eff. Sept. 1, 1991. Amended by

Laws 1992, c. 101, § 4, emerg. eff. April 20, 1992.

Oklahoma Statutes - Title 2. Agriculture

§2-6-290.7. Inspection service and inspections.

A. All inspection service shall be subject to supervision at

all times by an inspector. Such service shall be rendered where the

facilities and conditions are satisfactory for the conduct of the

service and the requisite inspectors are available.

B. Exotic livestock which is processed in official plants in

accordance with the Exotic Livestock and Exotic Livestock Products

Inspection Act may be inspected.

C. All exotic livestock that is slaughtered and processed in an

official plant where inspection service is maintained shall be

inspected for condition and wholesomeness. No dressed or

uninspected exotic livestock products shall be brought into such

official plant.

D. Inspection shall not be provided at any establishment for

the slaughter of exotic livestock, or the preparation of any

carcasses or parts or products of such animals which are not

intended for human food.

Added by Laws 1991, c. 231, § 7, eff. Sept. 1, 1991.

§2-6-290.8. Records.

A. All persons subject to the provisions of the Exotic

Livestock and Exotic Livestock Products Inspection Act shall keep

such records as willfully and correctly disclose all transactions

involved in their businesses. All persons, subject to such

requirements shall, at all reasonable times, upon notice by a duly

authorized representative of the Board, afford such representative

and any duly authorized representative of the Secretary of

Agriculture of the United States accompanied by such representative

of the Board access to their places of business and opportunity to

examine the facilities, inventory, and records thereof, to copy all

such records, and to take reasonable samples of their inventory.

B. Any record required to be maintained by this section shall

be maintained for such period of time as the Board may by

regulations prescribe.

Added by Laws 1991, c. 231, § 8, eff. Sept. 1, 1991.

§2-6-290.9. Unlawful acts.

A. On and after September 1, 1991, no person shall:

1. Slaughter any exotic livestock or process any exotic

livestock products which are capable of use as human food at any

establishment processing any such articles solely for intrastate

commerce, except in compliance with the requirements of the Exotic

Livestock and Exotic Livestock Products Inspection Act; and

2. Sell, transport, offer for sale or transportation, or

receive for transportation from an official establishment, any

slaughtered exotic livestock from which the blood, feet, head, or

Oklahoma Statutes - Title 2. Agriculture

viscera have not been removed in accordance with regulations

promulgated by the Board, except as may be authorized by regulations

of the Board.

B. No person shall:

1. Sell, transport, offer for sale or transportation, or

receive for transportation:

a.

any exotic livestock products which are capable of use

as human food and are adulterated or misbranded at the

time of such sale, transportation, offer for sale or

transportation, or receipt for transportation, or

b.

any exotic livestock products required to be inspected

pursuant to the Exotic Livestock and Exotic Livestock

Products Inspection Act unless they have been so

inspected and passed;

2. Perform any act which is intended to cause or has the effect

of causing such exotic livestock or exotic livestock products to be

adulterated or misbranded;

3. Use to his own advantage, or reveal other than to the

authorized representatives of the state government or any other

government in their official capacity, or as ordered by a court in

any judicial proceedings, any information acquired under the

authority of the Exotic Livestock and Exotic Livestock Products

Inspection Act concerning any matter which is entitled to protection

as a trade secret.

C. No brand manufacturer, printer, or other person shall cast,

print, lithograph, or otherwise make any device containing any

official mark or simulation thereof, or any label bearing any such

mark or simulation, or any form of official certificate or

simulation thereof, except as authorized by the Board.

D. No person shall:

1. Forge any official device, mark, or certificate;

2. Without authorization from the Board use any official

device, mark, or certificate, or simulation thereof, or alter,

detach, deface, or destroy any official device, mark, or certificate

including "Oklahoma Rejected" or "Oklahoma Retained" tags;

3. Contrary to the regulations prescribed by the Board, fail to

use, or to detach, deface, or destroy any official device, mark, or

certificate;

4. Knowingly possess, without promptly notifying the Board or

its representative, any official device or any counterfeit,

simulated, forged, or improperly altered official certificate or any

device or label or any carcass of any exotic livestock, or part or

product thereof, bearing any counterfeit, simulated, forged, or

improperly altered official mark;

5. Knowingly make any false statement in any shipper's

certificate or other nonofficial or official certificate provided

for in the regulations prescribed by the Board; or

Oklahoma Statutes - Title 2. Agriculture

6. Knowingly represent that any article has been inspected and

passed, or exempted, pursuant to the Exotic Livestock and Exotic

Livestock Products Inspection Act when, in fact, it has not been so

inspected and passed, or exempted.

Added by Laws 1991, c. 231, § 9, eff. Sept. 1, 1991. Amended by

Laws 1992, c. 101, § 5, emerg. eff. April 20, 1992.

§2-6-290.10. Suspension of plant approval - Grounds - Refusal to

provide or withdrawal of inspection service.

A. 1. Any plant approval given pursuant to the Exotic

Livestock and Exotic Livestock Products Inspection Act may be

suspended by the Department for:

a.

failure to maintain a plant and equipment in a

satisfactory state of repair;

b.

failure to maintain plant or equipment in a sanitary

manner on a continuing basis;

c.

the use of operating procedure which are not in

accordance with the Exotic Livestock and Exotic

Livestock Products Inspection Act or regulations

promulgated thereto;

d.

alterations of buildings, facilities, or equipment

which cannot be approved in accordance with the Exotic

Livestock and Exotic Livestock Products Inspection Act

or regulations promulgated thereto;

e.

assault on an agent of the Board; or

f.

failure to properly denature condemned and inedible

materials.

2. During such period of suspension, inspection service shall

not be rendered. However, the other provisions of the Exotic

Livestock and Exotic Livestock Products Inspection Act pertaining to

providing such service on a resident basis will remain in effect

unless such service is terminated in accordance with duly authorized

regulations promulgated by the Department. Upon suspension of

inspection service in an official plant, the plant approval shall

also become suspended, and all labels, seals, tags or packaging

material bearing official identification shall be destroyed, or the

official identification completely obliterated, or sealed in a

manner acceptable to the Department.

B. 1. The Board may refuse to provide, or withdraw, inspection

service with respect to any establishment if it determines, after

opportunity for a hearing is accorded to the applicant for, or

recipient of, such service, that such applicant or recipient is

unfit to engage in any business requiring inspection because the

applicant or recipient, or any person responsibly connected with the

applicant or recipient, has been convicted, in any federal or state

court of:

a.

any felony, or

Oklahoma Statutes - Title 2. Agriculture

b.

more than one violation of any law, other than a

felony, based upon the acquiring, handling, or

distributing of unwholesome, mislabeled, or

deceptively packaged food or upon fraud in connection

with transactions in food.

2. This section shall not affect in any way other provisions of

the Exotic Livestock and Exotic Livestock Products Inspection Act

for withdrawal of inspection services from establishments failing to

maintain sanitary conditions or to destroy condemned carcasses,

parts, meats or meat food products.

3. For the purpose of this subsection, a person shall be deemed

to be responsibly connected with the business if he was a partner,

officer, director, holder, or owner of ten percent (10%) or more of

its voting stock or employee in a managerial or executive capacity.

The determination and order of the Board with respect thereto

pursuant to this section shall be final and conclusive unless the

affected applicant for, or recipient of, inspection service files

application for judicial review within thirty (30) days after the

effective date of such order in the appropriate court. Judicial

review of any such order shall be upon the record upon which the

determination and order are based.

Added by Laws 1991, c. 231, § 10, eff. Sept. 1, 1991.

§2-6-290.11. Violations - Complaints - Notice - Hearings - Orders Emergencies - Service of notice or other instrument.

A. Whenever the Board determines there are reasonable grounds

to believe that there has been a violation of any of the provisions

of the Exotic Livestock and Exotic Livestock Products Inspection

Act, any rule or regulation promulgated thereto, or any order of the

Board, it shall give written notice to the alleged violator

specifying the cause of complaint. Such notice shall require that

the matters complained of be corrected or that the alleged violator

appear before the Board at a time and place specified in the notice

and answer the charges. The notice shall be delivered to the

alleged violator or violators in accordance with the provisions of

subsection D of this section not less than twenty (20) days before

the time set for the hearing.

B. The Board shall afford the alleged violator or violators an

opportunity for a fair hearing in accordance with the provisions of

subsection E of this section. On the basis of the evidence produced

at the hearing, the Board shall make findings of fact and

conclusions of law and enter an order thereon. The Board shall give

written notice of such order to the alleged violator and to such

other persons as shall have appeared at the hearing and made written

request for notice of the order. If the hearing is held before any

person other than the Board itself, such person shall transmit the

record of the hearing together with recommendations for findings of

Oklahoma Statutes - Title 2. Agriculture

fact and conclusions of law to the Board which shall thereupon enter

its order. The Board may, in its discretion, enter its order on the

basis of such record or, before issuing its order, require

additional hearings or further evidence to be presented. The order

of the Board shall become final and binding on all parties unless

appealed to the district court as provided in Article II of the

Administrative Procedures Act within thirty (30) days after notice

has been sent to the parties.

C. Whenever the Board finds that an emergency exists requiring

immediate action to protect the public health or welfare it may

without notice or hearing issue an order reciting the existence of

such an emergency and requiring that such action be taken as it

deems necessary to meet the emergency. Notwithstanding the

provisions of subsection B of this section, such order shall be

effective immediately. Any person to whom such an order is directed

shall comply therewith immediately but on application to the Board

shall be afforded a hearing within ten (10) days. On the basis of

such hearing, the Board shall continue such order in effect, revoke

it or modify it; provided, that any person aggrieved by such order

continued after the hearing provided in this subsection may appeal

to the district court of the area affected within thirty (30) days.

Such appeal when docketed shall have priority over all cases pending

on said docket, except criminal.

D. Except as otherwise expressly provided, any notice, order or

other instrument issued by or under authority of the Board may be

served on any person affected thereby personally or by publication.

Proof of such service shall be made as in case of service of a

summons or by publication in a civil action, such proof to be filed

in the office of the Board; or such service may be made by mailing a

copy of the notice, order or other instrument by registered mail

directed to the person affected at his last-known post office

address as shown by the files or records of the Board, and proof

thereof may be made by the affidavit of the person who did the

mailing, filed in the office of the Board.

Every certificate or affidavit of service made and filed as

herein provided shall be prima facie evidence of the facts therein

stated, and a certified copy thereof shall have like force and

effect.

E. The hearings herein provided may be conducted by the Board

itself at a regular or special meeting of the Board, or the Board

may designate hearing officers who shall have the power and

authority to conduct such hearings in the name of the Board at any

time and place. Such hearings shall be conducted in conformity with

and records made thereof as provided in the Administrative

Procedures Act.

Added by Laws 1991, c. 231, § 11, eff. Sept. 1, 1991. Amended by

Laws 1992, c. 101, § 6, emerg. eff. April 20, 1992.

Oklahoma Statutes - Title 2. Agriculture

§2-6-290.12. Violations - Penalties.

A. Any person who willfully:

1. Makes, or causes to be made, any false entry or statement of

fact in any report required to be made pursuant to the Exotic

Livestock and Exotic Livestock Products Inspection Act;

2. Makes, or causes to be made, any false entry in any account,

record, or memorandum kept by any person subject to the Exotic

Livestock and Exotic Livestock Products Inspection Act;

3. Neglects or fails to make, or causes to be made, full, true,

and correct entries in such accounts, records, or memoranda, of all

facts and transactions appertaining to the business of such person;

4. Removes out of the jurisdiction of this state, or willfully

mutilates, alters, or by any other means falsifies any documentary

evidence of any such person; or

5. Refuses to submit to the Board or to any of its authorized

agents, for the purpose of inspection and taking copies, any

documentary evidence of any such person, firm, or corporation in his

possession or within his control;

shall be deemed guilty and shall be subject, upon conviction in any

court of competent jurisdiction, to a fine of not more than Five

Thousand Dollars ($5,000.00).

B. Any officer or employee of this state who shall make public

any information obtained by the Board, without its authority, unless

directed by a court, shall be deemed guilty of a misdemeanor, and,

upon conviction thereof, shall be punished by a fine not exceeding

Five Thousand Dollars ($5,000.00).

C. Any person who violates any provision of the Exotic

Livestock and Exotic Livestock Products Inspection Act for which no

other criminal penalty is provided by the Exotic Livestock and

Exotic Livestock Products Inspection Act shall, upon conviction, be

subject to a fine of not more than One Thousand Dollars ($1,000.00).

D. If a violation involved intent to defraud, or any

distribution or attempted distribution of an article that is

adulterated, such person shall be subject to a fine of not more than

Ten Thousand Dollars ($10,000.00).

Added by Laws 1991, c. 231, § 12, eff. Sept. 1, 1991.

§2-6-290.13. Penalties - Limitations on application - Minor

violations.

A. No person shall be subject to penalties pursuant to this

section for receiving for transportation any article or animal in

violation of the Exotic Livestock and Exotic Livestock Products

Inspection Act if such receipt was made in good faith, unless such

person refuses to furnish on request of a representative of the

Board the name and address of the person from whom he received such

Oklahoma Statutes - Title 2. Agriculture

article or animal, and copies of all documents, if any there be,

pertaining to the delivery of the article or animal to him.

B. Nothing in the Exotic Livestock and Exotic Livestock

Products Inspection Act shall be construed as requiring the Board to

report for prosecution, or for the institution of legal action or

injunction proceedings, minor violations of the Exotic Livestock and

Exotic Livestock Products Inspection Act whenever it believes that

the public interest will be adequately served by a suitable written

notice of warning.

Added by Laws 1991, c. 231, § 13, eff. Sept. 1, 1991.

§2-6-291. Exotic livestock disease control - Official agency.

A. The State Board of Agriculture shall be the official exotic

livestock disease control agency of the State of Oklahoma, and shall

have the authority to issue and enforce rules governing the movement

and testing of exotic livestock as defined in Section 6-290.3 of

this title, in intrastate commerce with regards to disease

emergency, disease control, or disease eradication.

B. The Board shall have the authority to issue and enforce

rules governing the movement and testing of exotic livestock as

defined by Section 6-290.3 of this title, in interstate commerce as

required or allowed by federal law.

C. In addition to requirements established by the Board, no

person shall release exotic livestock under the jurisdiction of the

Board into the wilds of Oklahoma without first obtaining written

permission of the Director of the Oklahoma Wildlife Conservation

Commission.

Added by Laws 1994, c. 5, § 1, eff. Sept. 1, 1994. Amended by Laws

2000, c. 367, § 65, emerg. eff. June 6, 2000.

§2-6-301.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-6-302. Disease eradication and control - Inspecting and

examining vehicles – Issuing citations - Agents' satisfactory

completion of courses.

A. To enable the State Board of Agriculture to implement its

duties and responsibilities regarding disease eradication and

control of livestock and theft of livestock, and of farming

equipment and farm implements, authorized agents of the Board are

authorized to stop a vehicle transporting any livestock or farming

equipment or farm implement for the purposes of inspecting and

examining:

1. Livestock being transported;

2. The documents relating to the health, ownership, or

destination of the livestock; and

Oklahoma Statutes - Title 2. Agriculture

3. Ownership documents or serial or identification numbers

relating to farming equipment or farm implements.

B. 1. Agents of the Board are authorized to issue citations to

those persons committing violations of the laws relating to the

control and eradication of disease in livestock in this state.

2. Each violation relating to the transportation of livestock,

and any required documentation regarding disease eradication and

control of livestock being transported may result in a citation not

to exceed Five Hundred Dollars ($500.00) per incident. Each

citation issued shall indicate the name of the owner of the

livestock being transported, as well as the name of the driver of

the vehicle.

3. If an owner or driver receives three citations for

violations of this subsection within a consecutive three-year

period, the owner or driver may be subject to citations not to

exceed One Thousand Dollars ($1,000.00) for any subsequent

violations of this subsection.

C. The authorized agents designated to stop vehicles and issue

citations shall be required to satisfactorily complete those courses

offered by law enforcement agencies as are required by the Board.

Added by Laws 1987, c. 132, § 2, emerg. eff. June 3, 1987. Amended

by Laws 2000, c. 367, § 66, emerg. eff. June 6, 2000; Laws 2001, c.

430, § 4, eff. Nov. 1, 2001.

§2-6-303. Livestock trailers to be identified by number or driver

license number.

A. It shall be unlawful to operate any trailer, not otherwise

required to be licensed by law, which is used for the hauling of

livestock upon the roads or highways of the State of Oklahoma unless

that trailer bears an identifying number.

B. Trailers owned by individual persons shall be identified

with the driver license number of the owner. Trailers owned by

corporations, partnerships, and other associations or owned by a

person who has no driver license shall be identified with numbers as

designated by rules of the State Board of Agriculture with advice

from the Oklahoma Department of Public Safety.

C. The identifying number shall be in Arabic numerals in a

contrasting color of not less than two (2) inches high painted or

otherwise affixed to the rear of the trailer so it is clearly

visible from the rear at all times and in a manner as to reasonably

assure against alteration or destruction.

D. The State Board of Agriculture may promulgate rules, and

with the advice of the Oklahoma Department of Public Safety, direct

the affixing of identifying numbers to livestock trailers.

E. It shall be unlawful to alter a livestock trailer

identifying number other than to comply with this subarticle or

rules issued pursuant to this subarticle.

Oklahoma Statutes - Title 2. Agriculture

F. No fee shall be charged for the issuance of any trailer

identification number required by this subarticle.

Added by Laws 1974, c. 88, § 1, eff. Jan. 1, 1975. Amended by Laws

2001, c. 146, § 76, emerg. eff. April 30, 2001. Renumbered from §

1601 of this title by Laws 2001, c. 146, § 254, emerg. eff. April

30, 2001.

§2-6-304. Penalties.

Any person who violates the provisions of Section 6-303 of this

title by failing to properly display the proper number shall be

guilty of a misdemeanor and upon conviction thereof subject to a

fine not to exceed Ten Dollars ($10.00). Any person who alters a

vehicle identifying number in violation of Section 6-303 of this

title, or rules issued pursuant to Section 6-303 of this title, upon

conviction thereof, shall be guilty of a misdemeanor.

Added by Laws 1974, c. 88, § 2, eff. Jan. 1, 1975. Amended by Laws

2001, c. 146, § 77, emerg. eff. April 30, 2001. Renumbered from §

1602 of this title by Laws 2001, c. 146, § 254, emerg. eff. April

30, 2001.

§2-6-310. Agriculture law enforcement agents.

A. The Commissioner of the State Board of Agriculture may

commission, subject to the approval of the Board, agriculture law

enforcement agents.

B. Agriculture law enforcement agents, when commissioned,

shall:

1. Have all the powers of peace officers except the serving or

execution of civil process other than the execution of civil process

related to the Oklahoma Agricultural Code;

2. Have in all parts of the state the same powers with respect

to criminal matters and enforcement of the laws relating thereto as

sheriffs, highway patrol, and police officers in their respective

jurisdictions;

3. Enforce the civil, criminal, and administrative provisions

relating to livestock theft, animal health and importation statutes

and theft of farming equipment and farm implements, as well as any

other law contained in the Oklahoma Agricultural Code;

4. Possess all immunities and matters of defense now available

or hereafter made available to sheriffs, highway patrol and police

officers in any suit brought against them in consequence of acts

done in the course of their employment; and

5. Comply with the provisions of Section 3311 of Title 70 of

the Oklahoma Statutes.

C. Agriculture law enforcement agents specifically:

1. Are vested with the power and authority of sheriffs in

making arrests for violations of the Oklahoma Agricultural Code and

in the enforcement of nonagriculture-related crimes in cooperation

Oklahoma Statutes - Title 2. Agriculture

with other law enforcement officers and agencies as authorized by

the Board and approved by the Governor of the State of Oklahoma;

2. May take into possession any farming equipment or farm

implement and any and all livestock, or any part thereof, killed,

taken, shipped or had in possession contrary to the law. Such

livestock or parts thereof may be disposed of as determined by the

Commissioner or any court of competent jurisdiction;

3. May make a complaint and cause proceedings to be commenced

against any person for violation of any of the laws relating to the

Oklahoma Agricultural Code or relating to theft of livestock and of

farming equipment or farm implements, with the sanction of the

prosecuting or district attorney of the county in which the

proceedings are brought, and shall not be required to give security

for costs;

4. In connection with the enforcement of the civil, criminal,

and administrative provisions, shall have the express authority to

stop the transportation or movement of any animal or farming

equipment or farm implement within this state and shall have the

right to enter upon all premises, posted, or otherwise, when

necessary for enforcement of the laws of this state;

5. Shall be under the control and direction of the

Commissioner. The Commissioner may, at any time, remove any powers

or authority of arrest conferred by the Commissioner; and

6. Shall have the right to carry firearms as authorized by the

Commissioner.

Added by Laws 2001, c. 430, § 5, eff. Nov. 1, 2001. Amended by Laws

2007, c. 157, § 3, eff. Nov. 1, 2007.

§2-6-311. License - Construction of act - Restricted aquatic

species.

A. No person may engage in the private commercial production of

catfish, minnows, fingerlings, fish, frogs, or other aquatic species

without having first procured a license from the State Board of

Agriculture.

B. The initial fee for a license issued pursuant to the

provisions of this section, and the annual fee for the renewal of

such license, shall be Ten Dollars ($10.00).

C. All licenses may be renewed so long as the applicant remains

in operation, in the production of a particular aquatic species and

in compliance with the provisions of this act and rules promulgated

thereto.

D. Nothing in this act shall be construed to authorize the

importation or exportation of minnows and other fish species that

are subject to the provisions of Sections 4-105, 4-115, and 7-602 of

Title 29 of the Oklahoma Statutes.

E. No license shall be issued by the Oklahoma Department of

Agriculture, Food, and Forestry pursuant to the provisions of this

Oklahoma Statutes - Title 2. Agriculture

section for any restricted aquatic species designated by rules

promulgated by the Oklahoma Wildlife Conservation Commission.

Added by Laws 2002, c. 295, § 1, eff. Nov. 1, 2002.

§2-6-312. Technical assistance.

A. The Oklahoma Department of Agriculture, Food, and Forestry

may provide technical assistance to persons legally engaged in the

private commercial production of catfish, minnows, fingerlings,

fish, frogs and other aquatic species pursuant to the provisions of

this act. Such technical assistance shall be limited to

recommendations and in no instance shall the Department provide any

assistance or any funds to effectuate or implement such

recommendations.

B. Reasonable fees, as determined by the State Board of

Agriculture, may be charged by the Department for salary, expenses,

and supplies of Department employees providing technical assistance.

Added by Laws 2002, c. 295, § 2, eff. Nov. 1, 2002.

§2-6-313. Confinement and separation from wild species — Collection

of broodstock for aquaculture system — Facilitation of broodstock

transactions — Fees.

A. All catfish, minnows, fingerlings, fish, frogs, and other

aquatic species which are legally produced, pursuant to the

provisions of Sections 6-311 through 6-317 of this title, shall be

confined to the lands and waters of the licensee in such a manner so

as to prohibit:

1. Contact with wild fish or other aquatic species in public

waters; and

2. Such wild fish or other aquatic species from being

commercially harvested from public waters and becoming sold as a

wild-born commodity. As used in this paragraph, “wild-born” means

wild fish or aquatic species born in public waters and not

introduced though aquaculture.

B. 1. Except as otherwise provided by this subsection, the

Oklahoma Department of Agriculture, Food, and Forestry shall not

restrict the manner in which persons, licensed pursuant to Sections

6-311 through 6-317 of this title, gather or impound aquatic species

raised within the impoundments in their commercial operations.

2. No person shall sell or attempt to sell game fish and/or

paddlefish obtained from public waters that have been commingled

with privately produced fish subject to the provisions of Sections

6-311 through 6-317 of this title regarding the capture of wild fish

or aquatic species for direct sale. A licensed producer may collect

both game fish and nongame fish broodstock from public waters using

any legal means of take for use in propagation of fish only in a

recirculating aquaculture system up to, but not exceeding, the

normal possession limit for a person holding a recreational fishing

Oklahoma Statutes - Title 2. Agriculture

license; provided, that the licensed producer complies with all

applicable terms set forth by the Department of Wildlife

Conservation. Additionally, such individual broodstock may not be

sold and cannot be released back into the wild. Production of fish

species considered to be species of special concern, excluding

paddlefish (polyodon spathula), along with species prohibited under

agency rules and federal threatened and endangered species, is

prohibited.

C. Meat and any other finished products for human consumption

that result from fish spawned in a captive system may be sold in

this state or out of state; provided, that the producer or seller

obtains the necessary export permits. Live fish of such

propagations may also be sold subject to certain restrictions as set

forth by rule by the Department.

D. The Department may establish a process to facilitate

broodstock transactions between the state and licensed in-state

aquatic propagators. The Department is authorized to assess a fee

necessary to maintain such process and the oversight required for

broodstock transactions. Fees imposed shall be reasonable,

accessible, and transparent, with clearly defined application

requirements, publicly available guidance, and established timelines

for application review and approval. The Department may promulgate

all rules necessary for the implementation of this subsection.

E. The Oklahoma Department of Agriculture, Food, and Forestry

may assess import fees for any entity selling live fish within this

state that does not possess a valid license for commercial

production of aquatic species issued by the Oklahoma Department of

Agriculture, Food, and Forestry along with an Oklahoma address

subject to regular inspections. Fees shall reflect the costs instate producers are subjected to when exporting to other states.

Each shipment shall include a valid Animal and Plant Health

Inspection Service health certificate.

Added by Laws 2002, c. 295, § 3, eff. Nov. 1, 2002. Amended by Laws

2025, c. 166, § 1, eff. Nov. 1, 2025.

§2-6-314. Inspections - Summary of aquatic species produced and

marketed.

A. 1. a. Any duly authorized representative of the Oklahoma

Department of Agriculture, Food, and Forestry shall

have the power to inspect, at reasonable times,

records, facilities and operations of any person

engaging in the commercial production of catfish,

minnows, fingerlings, fish, frogs and other aquatic

species in order to determine whether or not diseased

species, that could cause such species to contaminate

wild fish, exist in the impoundments.

Oklahoma Statutes - Title 2. Agriculture

b.

If diseased conditions exist, the Oklahoma Department

of Agriculture, Food, and Forestry may require the

removal or the treatment of the diseased species to

prevent contamination of wild fish.

2. Any duly authorized representative of the Department of

Wildlife Conservation shall have the power to inspect, at reasonable

times, records, facilities and operations of any person engaging in

the commercial production of catfish, minnows, fingerlings, fish,

frogs and other aquatic species in order to determine if the

commercial operation is in compliance with the Oklahoma Wildlife

Conservation Code and rules promulgated thereto. Any person found

or alleged to be in violation of the Oklahoma Wildlife Conservation

Code or rules promulgated thereto shall be subject to the provisions

of the Oklahoma Wildlife Conservation Code.

B. A licensee shall be present during any inspection authorized

pursuant to the provisions of this section. In addition, the

licensee shall cooperate with the Oklahoma Department of

Agriculture, Food, and Forestry and the Department of Wildlife

Conservation in performing such licensee’s duties pursuant to the

provisions of this act.

C. Any licensee subject to the provisions of this act shall

submit to the Oklahoma Department of Agriculture, Food, and Forestry

an annual summary of the number of catfish, minnows, fingerlings,

fish, frogs and other aquatic species produced and marketed by the

commercial operation and any other information as requested by the

Department. The summary shall be submitted to the Department at

such time and in such manner as is required by the Department.

Added by Laws 2002, c. 295, § 4, eff. Nov. 1, 2002.

§2-6-315. Decals.

A. 1. Each vehicle used to transport private commercially

produced catfish, minnows, fingerlings, fish, frogs or other aquatic

species shall be marked conspicuously by decals bearing the

inscription "Aquatic Culture".

2. The decals shall be located on each side of the hauling

unit.

B. The decals shall be furnished by the Oklahoma Department of

Agriculture, Food, and Forestry at a reasonable cost per decal

payable by the owner of the vehicle hauling the aquatic species.

Added by Laws 2002, c. 295, § 5, eff. Nov. 1, 2002.

§2-6-316. Application for license - Proofs required - Revocation.

A. 1. All persons applying for a license to commercially

produce catfish, minnows, fingerlings, fish, frogs or other aquatic

species pursuant to the provisions of this act shall produce

positive proof of:

Oklahoma Statutes - Title 2. Agriculture

a.

identification including, but not limited to, a valid

Oklahoma driver license of the applicant,

b.

age, and

c.

residency.

2. It shall be unlawful for any person to make a false

statement or to give any false information in order to acquire a

license, pursuant to the provisions of this act.

B. Any license issued by the Oklahoma Department of

Agriculture, Food, and Forestry pursuant to this act shall contain

the data required by subsection A of this section as well as the

date and time of issuance of the license.

C. 1. All licenses issued by the Department pursuant to this

act shall be nontransferable.

2. No person shall alter, change, lend or transfer any such

license. No person shall use, loan or borrow a license which has

not been issued to that person by the Oklahoma Department of

Agriculture, Food, and Forestry.

D. All licenses issued pursuant to this act shall terminate

December 31 for the year issued.

E. The Department may issue a duplicate license at a reasonable

cost for a commercial operation if such license is lost or

destroyed.

F. 1. A license for engaging in a private commercial operation

subject to the provisions of this act may be revoked for a period of

not less than one (1) year upon the conviction of the licensee for

violating any provision of this act or rules promulgated thereto by

the Oklahoma Department of Agriculture, Food, and Forestry in

accordance with rules promulgated by the State Board of Agriculture,

or by a court of competent jurisdiction.

2. For purposes of this subsection, a court conviction, a plea

of guilty, a plea of nolo contendere, the imposition of a deferred

or suspended sentence by a court, or forfeiture of bond shall be

deemed a conviction.

3. Any person who has had a license to engage in private

commercial operations pursuant to this act shall not be entitled to

reapply for such license until the revocation period has expired or

the person has obtained approval of the Oklahoma Department of

Agriculture, Food, and Forestry to reapply for the license.

4. It shall be unlawful for any person to engage in a private

commercial operation subject to the provisions of this act after

revocation of his or her license. Upon conviction of engaging in a

commercial operation after revocation of a license, such person

shall not be entitled to obtain a license pursuant to this act for a

two-year period after conviction.

Added by Laws 2002, c. 295, § 6, eff. Nov. 1, 2002.

§2-6-317.

Violations.

Oklahoma Statutes - Title 2. Agriculture

A. Any person convicted of violating any of the provisions of

this act shall be guilty of a misdemeanor.

B. Any violations of the Oklahoma Wildlife Conservation Code

shall be under the jurisdiction of the Oklahoma Wildlife

Conservation Commission.

Added by Laws 2002, c. 295, § 7, eff. Nov. 1, 2002.

§2-6-400. Short title.

Subarticle 4 of Article 6 of the Oklahoma Agricultural Code

shall be known and may be cited as the "Animal Disease Outbreak

Temporary Emergency Act".

Added by Laws 2002, c. 173, § 14, emerg. eff. May 6, 2002.

§2-6-401. Animal disease threatening domestic animal population

and/or public welfare – Certification – Declaration of emergency by

Governor.

A. 1. If the State Board of Agriculture determines that a

confirmed case of an animal disease in this state presents a

substantial and imminent threat to the state's domestic animal

population and/or to protect the public welfare, the Board shall

certify the case to the Governor.

2. After receiving certification from the Board, the Governor

may declare an emergency pursuant to this section for purposes of

allowing the Board to establish quarantine zones of control to

protect the health of domestic animals and the public welfare from

disease. The Governor may declare an emergency pursuant to this

section without declaring an emergency under the Oklahoma Civil

Defense and Emergency Resources Management Act of 1967.

3. A declaration pursuant to this section:

a.

may specify that it applies to all or certain units of

the state or local government,

b.

must specify the time period for which it applies, and

c.

must be filed with the Secretary of State.

4. The provisions of this subsection are in addition to and do

not limit authority granted to the Governor or local government

officials by other provisions of law.

B. 1. The Board may meet by electronic means without violating

state open meeting laws for the purpose of declaring that a highly

suspicious case of a disease in this state presents a substantial

and imminent threat to the state's domestic animal population.

2. If the Board meets by electronic means for this purpose, it

shall comply with the emergency meeting notice provisions of Section

311 of Title 25 of the Oklahoma Statutes and, to the fullest extent

possible, provide public and media access to the meeting.

Added by Laws 2002, c. 173, § 15, emerg. eff. May 6, 2002.

§2-6-402.

Quarantine zones of control.

Oklahoma Statutes - Title 2. Agriculture

A. Upon an emergency declaration by the Governor pursuant to

the Animal Disease Outbreak Temporary Emergency Act, the State

Veterinarian may establish quarantine zones of control in any area

where a specific animal determined to be infected or is likely to be

infected with the disease be examined by a veterinarian authorized

by the Board or the State Veterinarian. This determination shall be

based on an actual veterinary examination or laboratory testing.

B. Quarantine zones of control shall be the smallest size

practicable to prevent the spread of the disease and must exist for

the shortest duration consistent with effective disease control. A

quarantine zone of control shall not extend beyond a radius of three

(3) miles from an animal determined to be infected or is likely to

be infected with the disease, unless the Board orders that control

of a specific disease requires a larger quarantine zone of control

based upon epidemiological evidence.

Added by Laws 2002, c. 173, § 16, emerg. eff. May 6, 2002.

§2-6-403. Orders restricting movement of persons, livestock,

machinery, and personal property.

A. 1. The State Board of Agriculture may issue orders

restricting the movement of persons, livestock, machinery, and

personal property out of quarantine zones. The President of the

Board, the State Veterinarian, or any licensed veterinarian

designated by the Board may issue the orders.

2. Any such order shall be issued upon a determination that

reasonable cause exists to believe that the movement of persons or

personal property out of a quarantine zone will reasonably transport

a dangerous, infectious, or communicable disease outside of the

quarantine zone.

B. An order restricting the movement of persons, livestock,

machinery, and personal property out of quarantine zones:

1. Shall be served upon any person subject to the order;

2. Shall be limited to the greatest extent possible consistent

with the paramount disease control objectives as determined by the

Board;

3. May be served on any day at any time; and

4. Must include a notice of the person's rights pursuant to

this section, including, but not limited to, the ability of the

person to enter into an agreement to abide by disease control

measures under subsection C of this section and the right to request

a court hearing under subsection D of this section. When an order

restricting the movement of persons has been issued, the physical

and emergency medical needs of those persons restricted pursuant to

the order shall be addressed in a systematic and competent manner.

C. No person may be restricted by an order, issued pursuant to

the Animal Disease Outbreak Temporary Emergency Act for longer than

seventy-two (72) hours, if the person agrees to abide by the disease

Oklahoma Statutes - Title 2. Agriculture

control measures established by the Board. Such person shall sign

an acknowledgment form prepared by the Board evidencing the person's

agreement to abide by the disease control measures established by

the Board.

D. Any person whose movements are restricted by an order

pursuant to the Animal Disease Outbreak Temporary Emergency Act may

seek a district court hearing on the order at any time after it is

served on the person. The hearing shall be heard as soon as

possible regardless of the time of day and any inconvenience to the

court. The hearing may be held by electronic means. The subject of

the order may:

1. Contest imposition of the order on grounds that it is an

abuse of the Board's discretion pursuant to the Animal Disease

Outbreak Temporary Emergency Act; or

2. Seek a variance from the order to allow movement of a person

inconsistent with the order, upon a showing that the person would

otherwise suffer irreparable harm.

Added by Laws 2002, c. 173, § 17, emerg. eff. May 6, 2002. Amended

by Laws 2004, c. 60, § 6, emerg. eff. April 6, 2004.

§2-6-404. Court action against persons not abiding by disease

control measures – Hearing – Violation.

A. If the State Board of Agriculture determines that a person

has not or is not reasonably likely to abide by the disease control

measures established by the Board, the Board may request a court

hearing to determine if the emergency temporary restrictions should

continue. The court shall schedule the hearing as expeditiously as

possible. When the Board requests a court hearing under this

section, restrictions pursuant to Section 17 of this act shall

continue to apply to the person until the court has held the

temporary emergency restrictions hearing and issues an order either

continuing the emergency disease control measures established by the

Board or removing the emergency disease control measures.

B. If the Board requests a court hearing pursuant to this

section, notice of the hearing must be served upon any person

restricted at least twenty-four (24) hours before the hearing.

C. The notice must contain the following information:

1. The time, date, and place of the hearing;

2. The grounds and underlying facts upon which continued

restrictions are sought;

3. The person's right to appear by electronic means at the

hearing and the right to have a representative appear in person at

the hearing;

4. The person's right to present and cross-examine witnesses;

and

Oklahoma Statutes - Title 2. Agriculture

5. The person's right to counsel, including the right, if the

person is indigent, to representation by counsel designated by the

court or county of venue.

D. 1. The court may order the continued restriction on the

movement of the person if it finds, by a preponderance of the

evidence, that travel outside of the quarantine zone by the person

would pose an imminent threat of transporting a dangerous,

infectious, or communicable disease outside of the boundaries of the

quarantine zone.

2. If the person agrees to sign and comply with the

acknowledgment form referred to in Section 17 of this act, the

temporary restrictions shall not continue longer than thirty (30)

days.

3. If the person refuses to sign and comply with the

acknowledgment form, the temporary restrictions shall continue for a

longer time as specified by the court. Refusal by the person to

sign and comply with the acknowledgment form constitutes a knowing

violation of the Animal Disease Outbreak Temporary Emergency Act.

Added by Laws 2002, c. 173, § 18, emerg. eff. May 6, 2002.

§2-6-405. Suppression and eradication of disease – Actions

permitted – Cooperation with federal agencies in enforcement of

regulations – Compensation – Appraisal – Proceedings barred pending

compensation – Injunction.

A. When it is determined by the State Board of Agriculture that

it is necessary to eradicate any dangerous, infectious or

communicable disease among domestic animals in the state, the

presence of which constitutes an emergency declared pursuant to the

Animal Disease Outbreak Temporary Emergency Act or declared by the

United States Department of Agriculture, the Board may take

reasonable and necessary steps to suppress and eradicate the

disease. The Board may cooperate with the Animal and Plant Health

Inspection Service (APHIS) of the United States Department of

Agriculture, federally recognized Indian tribes, state or local

government agencies, or any other private or public entity in the

suppression and eradication of the disease.

B. When an emergency has been declared, the Board or the State

Veterinarian may order:

1. Animals destroyed which are infected with the disease,

exposed to the disease, or are highly susceptible to exposure to the

disease because of proximity to diseased animals affected by the

disease;

2. Personal property to be destroyed in order to remove the

infection;

3. The cleaning and disinfection of any premises, exposed to

the disease, or are highly susceptible to exposure to the disease

Oklahoma Statutes - Title 2. Agriculture

because of proximity to diseased animals affected by the disease;

and

4. Any act and incur any other expense reasonably necessary to

destroy or suppress the disease.

C. The Governor, at the request of the Board, may take any

other emergency action necessary to ensure the health of the public

and the state livestock industry.

D. 1. The Board may:

a.

accept on behalf of the state, the regulations adopted

by the Animal and Plant Health Inspection Service of

the United States Department of Agriculture pertaining

to the disease authorized under an act of Congress, or

the portion of the regulations deemed necessary,

suitable, or applicable, and

b.

cooperate with the Animal and Plant Health Inspection

Service of the United States Department of

Agriculture, in the enforcement of such regulations.

2. Alternatively, the Board may follow the procedure only as to

quarantine, inspection, condemnation, appraisal, compensation,

destruction, burial of animals, disinfection, or other acts the

Board considers reasonably necessary for the destruction or

suppression of the disease as adopted by the Board.

E. 1. For the purpose of determining compensation as provided

by subsection F of this section, appraisals of animals or personal

property destroyed pursuant to the Animal Disease Outbreak Temporary

Emergency Act must be made by a Board-approved appraiser or by an

appraisal committee consisting of an appraiser representing the

Board, an appraiser representing the Animal and Plant Health

Inspection Service of the United States Department of Agriculture,

and an appraiser representing the owner. When, in the judgment of

the Board or the State Veterinarian, the animals to be killed or

personal property to be destroyed poses a disease threat, appraisals

may be conducted after the animals are killed based on documents,

testimony, or other relevant evidence.

2. Appraisals must be:

a.

in writing and signed by the appraisers or appraisal

committee, and

b.

made at the fair market value of all animals and

personal property appraised, unless otherwise provided

by applicable federal law or regulation when

compensation is paid by federal funds.

F. Upon destruction of animals or personal property, burial or

other disposition of the carcasses of the animals, and the

completion of the cleaning and disinfection of the premises in

accordance with the provisions of the Animal Disease Outbreak

Temporary Emergency Act, the Board or its authorized agent shall

certify the appraisal to the Director of the Office of Management

Oklahoma Statutes - Title 2. Agriculture

and Enterprise Services. If funds are available for this purpose,

the Director shall then file a claim with the State Treasurer for a

warrant in the amount payable to the owner, excluding any

compensation received by the owner from other sources.

G. A person who believes that the Board's certified appraisal

is not sufficient may apply for a temporary restraining order or

injunctive relief from the appropriate district court.

H. 1. No person or other legal entity may initiate any

proceeding to collect a debt from the owner relating to animals or

personal property destroyed pursuant to this section, until the

owner has received compensation under paragraph F of this section.

2. If a person or other legal entity refuses to comply with

this subsection after being informed that the owner qualifies for

relief pursuant to the Animal Disease Outbreak Temporary Emergency

Act, the owner may apply to the district court in the county in

which the owner resides for a court order directing the person or

other legal entity to comply with this subsection and to reimburse

the owner for reasonable attorney fees incurred in obtaining the

court order.

3. The provisions of this subsection shall not affect the

validity of a mortgage foreclosure, contract for deed cancellation

or other proceeding involving the title to real property, unless the

owner records in the office of the county clerk where the real

property is located, prior to completion of the proceeding to

collect the debt, a certified copy of the court order determining

that the owner qualifies for relief pursuant to the Animal Disease

Outbreak Temporary Emergency Act, and the legal description of the

real property.

4. a.

For purposes of proceedings involving title to real

property pursuant to paragraph 3 of this subsection,

the court order must provide that the order expires

ninety (90) days after the date of application for the

court order, unless the court extends the court order

prior to that date for good cause shown.

b.

A certified copy of any extension of the court order

must be filed in the office of the county clerk in

order to affect the validity of a proceeding affecting

the title to real property.

5. For purposes of this subsection:

a.

"completion of a proceeding to collect a debt" means,

in the case of a mortgage foreclosure or of a

foreclosure of any other lien on real property, the

filing or recording of the sheriff's certificate of

sale, and, in the case of a contract for deed

cancellation, the end of the cancellation period

provided in that law, and

Oklahoma Statutes - Title 2. Agriculture

b.

"proceeding to collect a debt" includes foreclosure,

repossession, garnishment, levy, contract for deed

cancellation, an action to obtain a court judgment, a

proceeding to collect real estate taxes or special

assessments, eviction, and any other in-court and outof-court proceedings to collect a debt. The term

shall not include sending bills or other routine

communications to the owner.

Added by Laws 2002, c. 173, § 19, emerg. eff. May 6, 2002. Amended

by Laws 2012, c. 304, § 6.

§2-6-501. Short title.

This act shall be known and may be cited as the “Oklahoma Farmed

Cervidae Act”.

Added by Laws 2006, c. 138, § 1, eff. Nov. 1, 2006.

§2-6-502. Definitions.

As used in the Oklahoma Farmed Cervidae Act:

1. "Cervid", "cervidae", and "deer" mean any member of the

cervidae family;

2. "Commercial" means to manage on a business basis or engage in

any transaction or exchange for consideration including barter, the

offer to sell, or possession with intent to sell for profit or

monetary gain;

3. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

4. "Farmed cervidae" means all species of the cervid family and

hybrids including white-tailed deer, elk, mule deer, red deer, or any

other member of the family cervidae specified in rule by the State

Board of Agriculture with written concurrence of the Department of

Wildlife Conservation that are raised or maintained within a

perimeter fence or confined space for the production of meat and

other agricultural products, sport, exhibition, personal use, or any

other purpose. Farmed cervidae shall be considered livestock as long

as they remain in a farmed cervidae facility. Farmed cervidae shall

not include cervidae in a commercially licensed hunting facility;

5. "Farmed cervidae facility" means any private or public

premises that contain one or more privately owned cervidae and the

privately owned cervidae are not removed from the premises through

hunting;

6. "Native cervidae" means any and all cervidae that are

indigenous to Oklahoma or are living in a state of nature;

7. "Noncommercial" means to manage for personal enjoyment and

personal use;

8. "Operator" means the person who performs the daily farmed

cervidae management functions;

Oklahoma Statutes - Title 2. Agriculture

9. "Owner" means a person with legal title to a farmed cervid or

herd of farmed cervidae;

10. "Premises" means the ground, area, buildings, water source

and equipment commonly shared by a herd of cervidae; and

11. "Proof of ownership" means an inspection certificate of

sale from a licensed public livestock market showing individual

identification, a bill of sale, a certificate of sale, court orders,

a statement that the cervidae was born from animals owned by the

seller, or any other document the Department deems acceptable.

Added by Laws 2006, c. 138, § 2, eff. Nov. 1, 2006. Amended by Laws

2010, c. 360, § 1, eff. July 1, 2010; Laws 2011, c. 298, § 1, eff.

Nov. 1, 2011.

§2-6-503. Authority to enter premises or mode of transportation –

Commercial hunting facilities – Rules – Powers of Department.

A. Authorized agents of the Oklahoma Department of Agriculture,

Food, and Forestry shall have the authority to enter any premises or

mode of transportation as authorized pursuant to Section 2-14 of

this title for the purpose of implementing or enforcing the Oklahoma

Farmed Cervidae Act, or rules promulgated pursuant thereto.

B. Authorized agents of the Department of Wildlife Conservation

shall have the authority to enter and inspect any premises pursuant

to Section 3-201 of Title 29 of the Oklahoma Statutes for the

purpose of implementing and enforcing the Oklahoma Wildlife

Conservation Code or rules promulgated pursuant thereto.

C. The Oklahoma Farmed Cervidae Act shall not apply to the

regulation of facilities owned and operated for the purpose of

commercial hunting of farmed or captive-bred cervidae. Commercial

hunting facilities shall remain under the jurisdiction of the

Department of Wildlife Conservation.

D. The State Board of Agriculture is authorized to promulgate

rules necessary, expedient, or appropriate for the performance,

enforcement, or carrying out of any of the purposes, objectives, or

provisions of the Oklahoma Farmed Cervidae Act, including the

establishment of fees. All fees shall be fair and equitable to all

parties concerned. Rules shall be promulgated pursuant to the

Administrative Procedures Act.

E. The Oklahoma Department of Agriculture, Food, and Forestry

shall have the authority to:

1. Issue, renew, deny, modify, suspend, cancel, and revoke any

registration, permit, certificate, license, identification, or order

issued pursuant to the provisions of the Oklahoma Farmed Cervidae

Act;

2. Issue entry or import permits to any person transporting

farmed cervidae into this state;

3. Investigate complaints and violations of the Oklahoma Farmed

Cervidae Act;

Oklahoma Statutes - Title 2. Agriculture

4. Issue quarantines, initiate control measures, confiscate,

and destroy farmed cervidae that present a danger to native

cervidae, other animals, or to the public safety or welfare;

5. Negotiate reciprocal agreements with the federal government

or any state, or any department or agency of either; and

6. Exercise all incidental powers as necessary and proper to

implement and enforce the provisions of the Oklahoma Farmed Cervidae

Act.

Added by Laws 2006, c. 138, § 3, eff. Nov. 1, 2006. Amended by Laws

2012, c. 191, § 1, eff. Nov. 1, 2012.

§2-6-504. Farmed cervidae facility license.

A. No person shall breed, possess, or raise cervidae for

commercial or noncommercial purposes without first obtaining a

farmed cervidae facility license from the Oklahoma Department of

Agriculture, Food, and Forestry.

B. The Department may issue a farmed cervidae facility license

to any person that lawfully obtains cervidae, acts in good faith,

and adheres to the laws and rules of the state, including the

provisions of the Oklahoma Farmed Cervidae Act. Nothing in this

section shall prevent the Department from issuing a license to

persons the Department deems have obtained cervidae from a legal

source, acted in good faith, and failed to recognize a license was

required.

C. All persons issued a farmed cervidae license shall abide by

all provisions of the Oklahoma Farmed Cervidae Act. An initial

application for a farmed cervidae facility license shall contain the

following:

1. Name, address, and telephone number of the owner;

2. Name, address, and telephone number of the operator, if

different from the owner;

3. Name, address, and telephone number of the primary contact;

4. Farm name, facility address, and facility telephone number;

5. Name, address and telephone number of the location where

records are kept;

6. Specific legal description of the facility to the nearest

quarter section;

7. A map showing topography of the area with a diagram of the

facility structures, fencing plan, and perimeter clearly marked;

8. Whether the applicant has been convicted of a felony,

misdemeanor, administrative, or civil violation of any natural

resources requirements, including but not limited to wildlife,

forestry, fisheries, environment, or animal health within the past

three (3) years in the state or any other jurisdiction;

9. Whether the property where the farmed cervidae facility is

located is owned or leased;

Oklahoma Statutes - Title 2. Agriculture

10. An initial inventory of the farmed cervidae, including

their ages, breed and species, and a minimum of one form of official

individual identification approved by the Department;

11. Method of carcass disposal for the facility;

12. Driving directions from the nearest town;

13. A list of each name the farmed cervidae facility operates

under; and

14. Signed statement declaring: "I certify under penalty of

law this document, all attachments, and information submitted are to

the best of my knowledge and belief, true, accurate, and complete.

I am aware there are significant penalties for knowingly submitting

false, inaccurate, or incomplete information, including the

possibility of fines for each violation."

D. Using information from the application and from the state's

files, the Department shall determine:

1. The accuracy of all materials in the application; and

2. Whether the applicant can reasonably be expected to comply

with all legal requirements of the license.

E. The Department shall not issue a farmed cervidae facility

license if the facility is not inspected by the Department.

Added by Laws 2006, c. 138, § 4, eff. Nov. 1, 2006. Amended by Laws

2010, c. 360, § 2, eff. July 1, 2010; Laws 2016, c. 228, § 1, eff.

Nov. 1, 2016.

§2-6-505. Application and licensing process, rules – Application

form – Confinement of farmed cervidae - Inspections - Export of

cervidae.

A. The Oklahoma Department of Agriculture, Food, and Forestry

shall promulgate rules regarding the application and licensing

process, including but not limited to:

1. The expiration date of a farmed cervidae facility license:

a.

the license shall expire on June 30 of each calendar

year, and the renewal application shall be submitted

no later than April 1 of each calendar year,

b.

any renewal application received or postmarked after

the renewal date shall be subject to a ten-percent

penalty in addition to the renewal fee,

c.

in addition to the renewal application containing all

information from the initial license application other

than the information requirements of paragraphs 6, 7

and 8 of subsection C of Section 6-504 of this title,

the licensee shall submit a signed, complete,

accurate, and legible form with the following

information:

(1) the annual report containing all inventory

information for all cervidae one (1) year of age

or older, unless the facility is a Chronic

Oklahoma Statutes - Title 2. Agriculture

2.

3.

4.

Wasting Disease monitored herd with a current

Chronic Wasting Disease inventory on file with

the Department,

(2) any changes to the facility or change in status

of convictions as required by paragraph 8 of

subsection C of Section 6-504 of this title since

the last renewal or original license application,

including, but not limited to:

(a) changes in contact information, and

(b) changes in perimeter fences, including

attaching an updated facility map indicating

any expansion, change in facility perimeter,

or any additional fencing, and

d.

failure to renew a license by the expiration date

shall result in the facility being quarantined until

an administrative hearing can be conducted. The

failure may result in revocation of the license, loss

of the facility number, closure of the facility, and

removal of the cervidae from the premises;

Fees for farmed cervidae facility licenses and all renewals;

Procedures for the transfer of ownership:

a.

the new owner or operator shall submit to the

Department a transfer application, attaching any

change of conditions resulting from the transfer of

ownership or operation,

b.

after receipt of the information required, the

Department shall review the information, and within

thirty (30) days, issue approval or denial of the

transfer. Transfer of a license shall be denied only

if the new owner or operator cannot comply with the

requirements of transfer, and

c.

if a transfer is denied, written notification of the

denial and an opportunity for an administrative

hearing on the denial shall be given to the applicant

for a transfer license by the Department. The

notification shall set forth the reasons for the

denial, steps necessary to meet the requirements for a

transfer license and the opportunity for the applicant

to request an administrative hearing;

Recordkeeping requirements:

a.

all required records shall be kept by the owner or

operator for a maximum of three (3) years, and

b.

the following records shall be maintained at the

facility:

(1) records of all cervidae sold, killed, given away,

transported, or shipped from a farmed cervidae

facility,

Oklahoma Statutes - Title 2. Agriculture

(2)

5.

proof that the cervidae are from a legal source

and records kept and animals marked to identify

individual animals,

(3) the Chronic Wasting Disease inventory or an

inventory of cervidae one (1) year of age or

older containing the following information:

(a) name and address of the farmed cervidae

facility, the owner, and the operator,

(b) a listing of any and all identification

numbers assigned to the cervidae by the

owner or operator and any other official

entity using either any official

identification approved by the Department or

United States Department of Agriculture

alphanumeric test tag number or official

Canadian alphanumeric test tag number, if

applicable,

(c) age,

(d) sex,

(e) date of purchase,

(f) date of death or date of change of

ownership,

(g) any cervidae born at the facility that are

one (1) year of age or older shall be shown

on the inventory record, or upon sale or

transfer of ownership or upon leaving the

facility, whichever comes first, and

(h) date the inventory was completed, and

(4) herd and individual animal health documents,

including, but not limited to, the Certificate of

Veterinary Inspection and test results;

Importation requirements:

a.

import of cervidae originating in any county or

Canadian province where Chronic Wasting Disease exists

in free-ranging native herds shall be prohibited,

except the State Veterinarian may allow an import from

a Canadian province with Chronic Wasting Disease after

notification to the Oklahoma Department of Wildlife

Conservation and based on a review of the following

factors:

(1) distance of the farmed cervidae facility from the

Chronic Wasting Disease area,

(2) the existence of double fencing between the

farmed cervidae facility and free-ranging native

herds,

(3) farmed cervidae facility biosecurity measures,

Oklahoma Statutes - Title 2. Agriculture

(4)

participation of the farmed cervidae facility in

any Canadian Chronic Wasting Disease herd

certification programs, and

(5) any other relevant factors,

b.

all other cervidae imports shall only be from a source

herd that is in a Chronic Wasting Disease surveillance

and certification program for a minimum of five (5)

years monitored and the program meets the standards of

cervidae importation into Oklahoma,

c.

import of cervidae shall be accompanied by a

Certificate of Veterinary Inspection and an approved

Cervidae Import Permit, and

d.

import of cervidae shall follow all other disease

testing required by the Oklahoma Statutes or rules

promulgated by the Department;

6. Animal identification requirements;

7. Fencing requirements and limits on the size of licensed

facilities, including:

a.

the owner or operator shall ensure that farmed

cervidae are confined to the lands described in the

application,

b.

the perimeter of each farmed cervidae facility shall

be an eight-foot game or high tensile fence designed

in a manner to prevent ingress and egress of cervidae,

c.

damage caused to a farmed cervidae facility perimeter

fence by a natural disaster shall not constitute a

violation so long as the owner or operator begins any

necessary repairs immediately upon discovery, acts

expeditiously in the opinion of the Department to

complete any necessary repairs, and reports the extent

and cause of any damage to the Department within two

(2) working days of discovery,

d.

the owner or operator shall notify the Department

within two (2) working days of discovery of any wild

cervidae within the farmed cervidae facility,

e.

the owner or operator shall provide each farmed

cervidae with adequate water, adequate feed, and

appropriate natural or manmade shelter, and

f.

facility size shall be limited to the largest

practicable area to ensure no native or wild cervidae

are within the confines of the facility. Limitations

on facility size may include but not be limited to

geography and topography of the property; and

8. Flushing procedures prepared with the input from the

Department of Wildlife Conservation to ensure no native cervidae

remain in a newly established licensed enclosure.

Oklahoma Statutes - Title 2. Agriculture

B. Any application for a farmed cervidae license shall be on a

form prescribed by the Oklahoma Department of Agriculture, Food, and

Forestry.

C. All farmed cervidae shall be confined to the lands described

in the application for a specific facility and in a manner to

prohibit:

1. Native cervidae from becoming part of a licensed farmed

cervidae facility; and

2. Farmed cervidae from commingling with native cervidae.

D. When practicable the initial or annual inspection shall be

coordinated with the owner or operator. In no case shall access by

the Department be restricted in the event coordination does not

occur.

E. The Department and the Department of Wildlife Conservation

may coordinate and conduct inspections or investigations jointly.

F. Export of cervidae originating in any Oklahoma county where

Chronic Wasting Disease exists in free-ranging native herds shall be

allowed if exported from a monitored facility that is not

quarantined.

Added by Laws 2006, c. 138, § 5, eff. Nov. 1, 2006. Amended by Laws

2010, c. 360, § 3, eff. July 1, 2010; Laws 2011, c. 298, § 2, eff.

Nov. 1, 2011; Laws 2018, c. 63, § 1, eff. Nov. 1, 2018; Laws 2019,

c. 217, § 1, emerg. eff. April 29, 2019.

§2-6-506. Escaped farmed cervidae.

A. An owner or operator shall ensure farmed cervidae do not run

at large and shall take all reasonable efforts to return any escaped

farmed cervidae to their enclosures as soon as possible.

B. The owner or operator shall immediately notify the Oklahoma

Department of Agriculture, Food, and Forestry and the local game

warden of the Department of Wildlife Conservation if farmed cervidae

escape.

C. If an owner or operator is unwilling or unable to capture

escaped farmed cervidae, the Department of Wildlife Conservation has

the authority to destroy the escaped farmed cervidae.

D. Any farmed cervidae that escape from a farmed cervidae

facility and are taken by a licensed hunter in a manner that complies

with the Oklahoma Wildlife Conservation Code shall be considered a

legal taking and neither the licensed hunter, the state, nor any

state agency shall be liable to the owner for taking the escaped

farmed cervidae.

Added by Laws 2006, c. 138, § 6, eff. Nov. 1, 2006.

§2-6-507. Violations of act.

It shall be unlawful and a violation of the Oklahoma Farmed

Cervidae Act for any person:

Oklahoma Statutes - Title 2. Agriculture

1. To refuse an inspection authorized by the Oklahoma Farmed

Cervidae Act;

2. To commingle or integrate any native cervidae into a farmed

cervidae herd;

3. To intentionally commingle or integrate any farmed cervidae

with native cervidae;

4. To fail to maintain records as required by law;

5. To fail to maintain fencing as required by law;

6. To fail to pay any fee, fine, or penalty as required and

established pursuant to the Oklahoma Farmed Cervidae Act;

7. To fail to comply with any State Board of Agriculture order;

or

8. To violate any provision of the Oklahoma Farmed Cervidae

Act.

Added by Laws 2006, c. 138, § 7, eff. Nov. 1, 2006. Amended by Laws

2012, c. 191, § 2, eff. Nov. 1, 2012; Laws 2023, c. 47, § 1, eff.

July 1, 2023.

§2-6-508. Slaughter of farmed cervidae – Disposition of hides or

antlers.

A. Owners and operators of licensed farmed cervidae facilities

may slaughter farmed cervidae at any time throughout the year

pursuant to the Exotic Livestock and Exotic Livestock Products

Inspection Act.

B. An owner or operator may slaughter their own farmed cervidae

for personal or noncommercial consumption.

C. Owners and operators of licensed farmed or commercial

cervidae facilities may sell, use, or dispose of hides or antlers

from slaughtered farmed cervidae, provided they comply with all

requirements in rules promulgated by the State Board of Agriculture

with input from the Department of Wildlife Conservation.

D. An owner or operator shall only sell or dispose of antlers

with attached skull plates in the following circumstances:

1. Each set of antlers shall be individually identified with

sufficient documentation linking it to the farmed or commercial

cervidae facility, including, but not limited to, photographs, lockon identification tags, DNA testing, or other proof of ownership;

2. In no case shall an owner or operator sell or dispose of

antlers without appropriate documentation; and

3. The owner or operator shall provide a copy of all appropriate

documentation to the purchaser or recipient at the time of sale or

disposal.

E. The sale or disposal of antler sheds or antlers that are

attached to the skull plate shall not be restricted.

F. Facilities shall comply with all carcass disposal

requirements. The following methods may be used for disposal of

carcasses from a farmed cervidae facility:

Oklahoma Statutes - Title 2. Agriculture

1. Rendering;

2. Landfill;

3. Burial;

4. Incineration; or

5. Composting.

Added by Laws 2006, c. 138, § 8, eff. Nov. 1, 2006.

2010, c. 360, § 4, eff. July 1, 2010.

Amended by Laws

§2-6-509. Administrative or criminal penalty, assessment –

Cancellation or revocation of registration, permit, certificate,

license, identification, or order – Violations of Wildlife

Conservation Code.

A. The assessment of an administrative or criminal penalty for

violations of the Oklahoma Farmed Cervidae Act shall be pursuant to

Section 2-18 of Title 2 of the Oklahoma Statutes.

B. Any person with a registration, permit, certificate, license,

identification, or order that is canceled or revoked by the Oklahoma

Department of Agriculture, Food, and Forestry shall be prohibited

from obtaining a new registration, permit, certificate, license,

identification, or order until after the date the canceled or revoked

registration, permit, certificate, license, identification, or order

would have expired.

C. Any person that violates the provisions of the Oklahoma

Wildlife Conservation Code contained in Title 29 of the Oklahoma

Statutes shall be subject to the administrative and criminal

provisions contained in the Oklahoma Wildlife Conservation Code.

Added by Laws 2006, c. 138, § 9, eff. Nov. 1, 2006.

§2-6-510. Emergency orders - Compliance – Hearings – Review of

order, priority.

A. Whenever the State Veterinarian finds that an emergency

exists requiring immediate action to protect the public health or

welfare or to protect farmed or native cervidae from any animal

disease or pest, the State Veterinarian may without notice or hearing

issue an order that shall be effective upon issuance, reciting the

existence of an emergency and requiring that immediate action be

taken to meet the emergency.

B. Any person to whom an emergency order is directed shall

comply immediately but may request an administrative enforcement

hearing within fifteen (15) days after the order is served.

C. The administrative enforcement hearing shall be held by the

Oklahoma Department of Agriculture, Food, and Forestry within ten

(10) working days after receipt of the request.

D. With the input of the Department of Wildlife Conservation,

the State Board of Agriculture shall affirm, revoke, or modify the

emergency order based on the hearing record.

Oklahoma Statutes - Title 2. Agriculture

E. Any person aggrieved by the final order may, pursuant to the

Administrative Procedures Act, petition for a judicial review of the

final order.

F. The appeal when docketed shall have priority over all cases

pending on the docket, other than criminal.

Added by Laws 2006, c. 138, § 10, eff. Nov. 1, 2006.

§2-6-511. Wrongfully injure - Farmed carvidae facility - Remove

from premises.

A. No person shall wrongfully injure any cervidae upon the

premises of a farmed cervidae facility that is licensed pursuant to

Section 6-504 of Title 2 of the Oklahoma Statutes or wrongfully

remove any cervidae from the premises of a farmed cervidae facility

that is licensed pursuant to Section 6-504 of Title 2 of the

Oklahoma Statutes.

B. Any violation of the provision of subsection A of this

section shall be deemed a misdemeanor and, upon conviction thereof,

shall be punishable by a fine not less than Five Thousand Dollars

($5,000.00) or by imprisonment in the county jail for a period not

exceeding one (1) year, or by both such fine and imprisonment. In

addition, any person violating the provisions of subsection A of

this section shall be liable for damages of not less than three

times nor more than ten times such a sum as would compensate for the

actual detriment.

Added by Laws 2009, c. 458, § 1, emerg. eff. June 2, 2009.

§2-6-512. Prelicensing inspection.

A. After the initial prelicensing inspection, each premise

shall be inspected at least once every other year unless there is a

change in ownership or change in facilities.

B. The following prelicensing inspections shall occur:

1. Upon submission of a complete application, the Department of

Agriculture, Food, and Forestry shall schedule an on-site meeting

and inspection to review the facility;

2. The Department shall review the location of the facility,

including breeding-pen fencing, gates, feed bunkers, shelter,

carcass disposal areas, and any other facilities for the location;

3. The Department may request appropriate changes to the

facility design;

4. In no case shall a license for a farmed cervidae facility be

granted unless the Department has conducted a prelicensing

inspection and the Department has approved the facility based on

that inspection; and

5. The license shall be revoked for any facility that does not

construct or operate the facility in accordance with the approved

prelicensing inspection.

Oklahoma Statutes - Title 2. Agriculture

C. All new facilities shall be inspected within ninety (90)

calendar days prior to issuing a new license.

D. It is the responsibility of the owner or operator to arrange

the appropriate inspection and the Department shall be given

adequate time to respond to the request for the initial inspection.

E. Authorized agents of the Oklahoma Department of Wildlife

Conservation shall have the authority to enter and inspect any

premises pursuant to Section 3-201 of Title 29 of the Oklahoma

Statutes for the purpose of implementing and enforcing the Oklahoma

Wildlife Conservation Code.

Added by Laws 2010, c. 360, § 5, eff. July 1, 2010.

§2-6-513. Written complaint procedures.

A. Upon receipt of a written complaint, the Department of

Agriculture, Food, and Forestry shall notify the person filing the

complaint in writing of its receipt and status within five (5)

working days. The party whom the complaint is filed against, if

known, shall be notified within five (5) working days. The

resolution of a complaint is the completion of the appropriate

administrative, jurisdictional, and legal remedies to the extent

possible by the Department. The complainant and owner shall be

notified in writing within seven (7) working days after resolution

of the complaint.

B. The Department may initiate an investigation at any time.

Added by Laws 2010, c. 360, § 6, eff. July 1, 2010.

§2-6-514. Denial, revocation, cancelation, or suspension of

license.

A. The license of any owner or operator may be revoked if it is

determined at an administrative hearing that the owner or operator

has violated any provision of the Oklahoma Farmed Cervidae Act.

B. In the event a license is denied, revoked, cancelled, or

suspended, the owner or operator is not eligible to reapply until

after the date the license would have expired.

Added by Laws 2010, c. 360, § 7, eff. July 1, 2010.

§2-6-515. Disposal of cervidae - Cleaning of premises.

A. Upon expiration of a license, the owner or operator may take

up to one hundred twenty (120) days to dispose of all cervidae at

the facility.

B. In no case shall the farmed cervidae be released into the

wild.

C. Cleaning and disinfection of the premises shall be completed

immediately upon closure of the facility in circumstances of disease

if required by the Department of Agriculture, Food, and Forestry.

Added by Laws 2010, c. 360, § 8, eff. July 1, 2010.

Oklahoma Statutes - Title 2. Agriculture

§2-6-516. Regulations relating to import of nonnative cervidae to

be consistent with federal regulations.

Any regulation relating to the import of nonnative cervidae

adopted by a local government, authority, or state agency or office

shall be consistent with corresponding federal regulations.

Added by Laws 2019, c. 217, § 2, emerg. eff. April 29, 2019.

§2-6-520. Short title — Chronic Wasting Disease Genetic Improvement

Act — Pilot program to enhance genetic durability.

A. This section shall be known and may be cited as the “Chronic

Wasting Disease Genetic Improvement Act”.

B. No later than November 1, 2024, the Oklahoma Department of

Agriculture, Food, and Forestry shall establish a pilot program to

enhance the genetic durability of Oklahoma deer against chronic

wasting disease. Such pilot program shall include, but not be

limited to, the following program characteristics:

1. The Department of Wildlife Conservation will begin

collecting DNA samples to establish a baseline of average genetic

codon markers and genomic breeding values for native, free-ranging

Oklahoma white-tailed deer. For establishing testing locations in

the state, the Department shall use Interstates 35 and 40 as

dividing lines or established Department deer management zones as

published in the current hunting regulations guide;

2. Limit participation in the program to native white-tailed

deer, born and raised in Oklahoma with genetic resistance breeding,

including the SS allele at codon 96, and that surpass the genomic

estimated breeding value cutoff established for the program by the

Oklahoma Department of Agriculture, Food, and Forestry; and

3. Beginning in 2026, during the months of February and March

and through the fifteenth of April, bred female and male deer may be

released.

C. The Oklahoma Department of Agriculture, Food, and Forestry

and the Department of Wildlife Conservation may promulgate rules as

needed to implement the provisions of this act.

D. The Department of Wildlife Conservation may charge a onetime permit fee, which shall not exceed Five Hundred Dollars

($500.00), for citizens purchasing deer as a result of criteria

established in the pilot program.

Added by Laws 2024, c. 271, § 1, eff. Oct. 1, 2024.

§2-6-601. Short title.

This act shall be known and may be cited as the “Feral Swine

Control Act”.

Added by Laws 2007, c. 5, § 1, eff. Nov. 1, 2007.

§2-6-602.

Purpose.

Oklahoma Statutes - Title 2. Agriculture

The purpose of the Feral Swine Control Act is to provide

aggressive measures to reduce the number of feral swine in Oklahoma.

Feral swine are a nonnative invasive species in Oklahoma that are

detrimental to the natural resources of Oklahoma and agriculture

production, and a disease risk. As the feral swine population

increases, the citizens of Oklahoma continue to see increased damage

to crops, livestock, and wildlife habitat. As carriers of diseases

like brucellosis, pseudorabies, tuberculosis, anthrax, and

trichinosis, feral swine pose an increasing health risk to humans,

livestock, companion animals, pets, and native wildlife.

Added by Laws 2007, c. 5, § 2, eff. Nov. 1, 2007.

§2-6-603. Definitions.

As used in the Feral Swine Control Act:

1. "Daylight" means the period of time beginning when the sun

rises and ending when the sun sets;

2. "Feral swine" means any domestic or wild animal of the

species Sus scrofa that are or have been running at large, free

roaming, or wild upon public or private lands, or have been

captured, hunted, pursued, maintained, utilized, or released for any

sporting purposes;

3. "Owner" means any person with title to the real property or

a person that has obtained a right to the possession and use of a

certain space, property, or subsurface right for a definite period

of time through a contractual lease. In the event a person is

permitted to come upon the real property to perform some specific

act including, but not limited to, hunting, removing feral swine, or

fishing, that person has no "lease" but only a "license" to do that

act;

4. "Remove" means to change the location of, eliminate, or

attempt to eliminate feral swine by a variety of methods including,

but not limited to, hunting, killing, taking, trapping, and

catching; and

5. "Judas pig tagging system" means a population control

technique where a radio-collared feral swine is released into a

control area and, after a sufficient period to allow it to join

other feral swine, it is tracked down and all swine associated with

the collared swine are removed.

Added by Laws 2007, c. 5, § 3, eff. Nov. 1, 2007. Amended by Laws

2012, c. 32, § 1, eff. Nov. 1, 2012; Laws 2019, c. 321, § 1, eff.

Nov. 1, 2019.

§2-6-604. Removal of feral swine during day authorized - Killing of

feral swine at night, permit required.

A. Except as otherwise specified in the Feral Swine Control

Act, any person with permission of the owner may remove feral swine

from private or public property during daylight hours.

Oklahoma Statutes - Title 2. Agriculture

B. Any person who intends to kill or attempt to kill feral

swine at night shall obtain a permit issued by the Department of

Wildlife Conservation pursuant to Section 4-135 of Title 29 of the

Oklahoma Statutes and promulgated rules.

Added by Laws 2007, c. 5, § 4, eff. Nov. 1, 2007.

§2-6-605. Killing of feral swine during certain deer hunting

seasons, permit required - License required - Exemption.

A. During designated deer hunting seasons for primitive

firearms and guns as specified in rules promulgated by the

Department of Wildlife Conservation, an owner of private property

shall not kill or attempt to kill feral swine during daylight hours

that is damaging the property of the owner without first obtaining a

special permit from the local game warden or other authorized

employee of the Department of Wildlife Conservation. The special

permit shall allow the owner and one person of lineal or collateral

descent to kill feral swine on the property of the owner. The

special permit shall be provided at no cost.

B. All other persons shall be required to obtain licenses and

tags as required by the Oklahoma Wildlife Conservation Code and

rules promulgated thereto.

C. Any person with a valid license to hunt deer is exempt from

the requirements of this section during the appropriate licensed

season.

Added by Laws 2007, c. 5, § 5, eff. Nov. 1, 2007.

§2-6-606. Taking and removal of feral swine.

A. Feral swine may be taken on lands owned or managed by the

Department of Wildlife Conservation in accordance with rules

promulgated thereto.

B. No person whose hunting license is revoked may remove feral

swine during the time the license is revoked.

Added by Laws 2007, c. 5, § 6, eff. Nov. 1, 2007.

§2-6-607. Rules.

A. The State Board of Agriculture is authorized to promulgate

rules necessary, expedient, or appropriate for the performance,

enforcement, or carrying out of any of the purposes, objectives, or

provisions of the Feral Swine Control Act.

B. Rules shall be promulgated pursuant to the Administrative

Procedures Act.

Added by Laws 2007, c. 5, § 7, eff. Nov. 1, 2007.

§2-6-608. Importation - USDA permit - Slaughter following positive

test results.

A. No person shall import live feral swine into this state

unless the live feral swine are going directly to a slaughter

Oklahoma Statutes - Title 2. Agriculture

facility in a sealed trailer and accompanied by a USDA vs 1-27

permit for the movement of restricted animals.

B. All feral swine in this state that test positive for

brucellosis or pseudorabies shall be immediately sent directly to

slaughter or slaughtered on the premises pursuant to an order issued

by the State Veterinarian.

Added by Laws 2007, c. 5, § 8, eff. Nov. 1, 2007. Amended by Laws

2012, c. 28, § 1, eff. Nov. 1, 2012.

§2-6-609. Rules for testing and intrastate movement - Transporter

license - Transportation to authorized locations.

A. The State Board of Agriculture shall promulgate rules for

the testing and intrastate movement of live feral swine.

B. All persons that transport live feral swine in this state

shall be required to obtain a transporter license from the Oklahoma

Department of Agriculture, Food, and Forestry.

C. Live feral swine shall only be transported to the following:

1. A licensed sporting facility;

2. A licensed handling facility;

3. Directly to an approved slaughter facility; or

4. Pursuant to an order issued by the State Veterinarian.

Added by Laws 2007, c. 5, § 9, eff. Nov. 1, 2007. Amended by Laws

2012, c. 28, § 2, eff. Nov. 1, 2012.

§2-6-610. Violations of act – Penalties.

A. It shall be unlawful and a violation of the Feral Swine

Control Act for any person:

1. To refuse an inspection;

2. To fail to comply with importation, testing, permitting,

licensing, or transportation requirements;

3. To fail to pay any fee, administrative fine, or penalty;

4. To fail to comply with any Oklahoma Department of

Agriculture, Food, and Forestry order; or

5. To violate any provision of the Oklahoma Feral Swine Control

Act, Oklahoma Agricultural Code, or Oklahoma Wildlife Conservation

Code.

B. Any person that violates the Feral Swine Control Act shall

be assessed a penalty or an administrative fine pursuant to Section

2-18 of Title 2 of the Oklahoma Statutes.

Added by Laws 2007, c. 5, § 10, eff. Nov. 1, 2007.

§2-6-611. Intentional or knowing release - Knowing or intentional

violation of requirements - Penalties.

A. No person shall intentionally or knowingly release or engage

in, sponsor, instigate, assist, or profit from the release of any

hog, boar, swine, or pig to live in a wild or feral state upon

public or private lands, except for:

Oklahoma Statutes - Title 2. Agriculture

1. Release into a licensed sporting facility pursuant to the

Feral Swine Control Act; or

2. When utilizing the Judas pig tagging system, release onto

the same private land on which a feral hog was trapped or caught.

In order to come under the release authorization of this paragraph,

the release must occur within twenty-four (24) hours of the capture

of the hog.

B. No person shall knowingly or intentionally violate the

importation, testing, permitting, licensing, and transportation

requirements contained in the Feral Swine Control Act and rules

promulgated thereto.

C. Any person violating the provisions of this section is

guilty of a Class D3 felony offense and subject to imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes, a fine of Two Thousand Dollars

($2,000.00), or both fine and imprisonment.

Added by Laws 2007, c. 5, § 11, eff. Nov. 1, 2007. Amended by Laws

2012, c. 32, § 2, eff. Nov. 1, 2012; Laws 2025, c. 486, § 628, eff.

Jan. 1, 2026.

§2-6-612. Restraint by owner - Damages recoverable.

All feral swine shall be restrained by the owner at all times

and seasons of the year from running at large in this state. Any

damages caused by feral swine trespassing upon lands of another

shall be recovered in any manner provided by law.

Added by Laws 2007, c. 5, § 12, eff. Nov. 1, 2007.

§2-6-613. Ownership of feral swine.

A person shall not be considered the owner of a feral swine if,

within a twenty-four-hour period, the person catches, tags, and

releases the feral swine in the same location that it was caught.

Added by Laws 2012, c. 32, § 3, eff. Nov. 1, 2012.

§2-6-614. Legislative encouragement of Judas pig tagging system.

Recognizing the success of other states, like Mississippi and

New Mexico, utilizing the Judas pig tagging system, the Legislature

encourages using the Judas pig tagging system as an effective

technique of hunting and controlling the feral swine population.

Added by Laws 2012, c. 32, § 4, eff. Nov. 1, 2012.

§2-7-1.1.

Repealed by Laws 2007, c. 93, § 4, eff. Nov. 1, 2007.

§2-7-10.

Repealed by Laws 2021, c. 57, § 1, eff. Nov. 1, 2021.

§2-7-21. Definitions.

As used in this subarticle:

Oklahoma Statutes - Title 2. Agriculture

1. "Cooperative association" means any group in which farmers

or producers act together in the market preparation, processing, or

marketing of farm products or any association, not having capital

stock or operated for a profit, and organized under this subarticle;

2. "Dairy farmer" means a person engaged in the business of

producing milk for sale to milk processors directly or through a

cooperative association of which the person is a member. When a

dairy farmer has sold milk through a cooperative association of

which the dairy farmer is a member, the cooperative association

shall be considered a dairy farmer;

3. "Escrow account agent" means an entity within this state,

which is insured by the Federal Deposit Insurance Corporation;

4. "Milk processor" means a person who operates a milk, milk

products, or frozen desserts processing plant that is located in the

State of Oklahoma; and

5. "Purchase price" means an amount of money, based on

estimated butterfat content and other common industry standards at

the time of delivery, that a milk processor agrees to pay a dairy

farmer for a purchase of raw milk.

Added by Laws 1988, c. 139, § 1, eff. Nov. 1, 1988. Amended by Laws

1989, c. 182, § 2, operative July 1, 1989; Laws 2001, c. 146, § 4,

emerg. eff. April 30, 2001. Renumbered from § 751 of this title by

Laws 2001, c. 146, § 247, emerg. eff. April 30, 2001.

§2-7-22. Requirement of escrow account - Notice - Deposits Commingling of monies.

A. 1. A dairy farmer from whom milk was purchased by a milk

processor may require the milk processor to establish an escrow

account for the benefit of the dairy farmer for the payment of the

purchase price of milk as specified in paragraph 2 of this

subsection.

2. A dairy farmer may require the milk processor to establish

an escrow account only if:

a.

the dairy farmer has not received payment of the

purchase price for the milk and has given written

notice by certified mail, return receipt requested, to

the milk processor within thirty (30) days following

the final date the payment is due, or

b.

a payment instrument received by the dairy farmer from

the milk processor has been dishonored and the dairy

farmer has given written notice by certified mail,

return receipt requested, to the milk processor within

fifteen (15) business days after the notice of

dishonor was received.

3. The notice specified by subparagraphs a and b of paragraph 2

of this subsection shall require that an escrow account be

established and that the payment received from the sale of any milk

Oklahoma Statutes - Title 2. Agriculture

or dairy product as specified in subsection B of this section be

deposited in the escrow account until the dairy farmer has received

full payment of the purchase price for the milk.

B. 1. The milk processor shall deposit a share of all payments

received from the sale of milk or dairy products by the milk

processor which is equal to the amount of the milk sold by the dairy

farmer to the milk processor in proportion to the total amount of

milk purchased for the sale of the milk and dairy products by the

milk processor into the escrow account upon receipt. The payments

shall be deposited in the escrow account until the dairy farmer has

received full payment of the purchase price for the milk.

2. The escrow account shall be a segregated interest bearing

account and shall be established for the benefit of the dairy

farmer. Upon sufficient proof of identification, the escrow account

agent shall promptly pay to the dairy farmer any sum accumulated for

the benefit of the dairy farmer in the escrow account.

C. 1. If any milk processor is required to establish more than

one escrow account by operation of the provisions of this section,

then the monies accruing may all be commingled in a single account.

2. The commingled monies accumulated in the account shall be

distributed to each dairy farmer in the amount due to each.

3. If the commingled monies accumulated in the account are

insufficient to pay all the dairy farmers, the escrow account agent

shall distribute the monies so accumulated in proportion to the

current amount due each.

D. For the purposes of this section, the monies held by the

escrow account agent shall be the property of the dairy farmer, or

dairy farmers if the monies have been commingled, in the current

amount due to each or in proportion to the amount due each.

Added by Laws 1988, c. 139, § 2, eff. Nov. 1, 1988. Amended by Laws

2001, c. 146, § 5, emerg. eff. April 30, 2001. Renumbered from §

752 of this title by Laws 2001, c. 146, § 247, emerg. eff. April 30,

2001.

§2-7-23. Conditions of purchase of raw milk.

A milk processor may not purchase raw milk from a dairy farmer

unless:

1. Payment of the purchase price is made according to the

provisions prescribed by an applicable federal milk marketing order;

2. Any additional provisions are agreed on by both the dairy

farmer or the agent of the dairy farmer and the milk processor; and

3. The medium of exchange used is cash, a check for the full

amount of the purchase price, or a wire transfer of money in the

full amount.

Added by Laws 1988, c. 139, § 3, eff. Nov. 1, 1988. Amended by Laws

2001, c. 146, § 6, emerg. eff. April 30, 2001. Renumbered from §

Oklahoma Statutes - Title 2. Agriculture

753 of this title by Laws 2001, c. 146, § 247, emerg. eff. April 30,

2001.

§2-7-24. Exception.

This subarticle does not apply to transactions between a

cooperative association while acting as a marketing agent and its

members.

Added by Laws 1988, c. 139, § 4, eff. Nov. 1, 1988. Amended by Laws

2001, c. 146, § 7, emerg. eff. April 30, 2001. Renumbered from §

754 of this title by Laws 2001, c. 146, § 247, emerg. eff. April 30,

2001.

§2-7-25. Liability of milk processor.

A milk processor who fails to pay for raw milk as provided by

this subarticle is liable to the dairy farmer for:

1. The purchase price of the raw milk;

2. Interest on the purchase price at the rate fixed by law for

civil judgments commencing from the date possession is transferred

until the date the payment is made; and

3. A reasonable attorney fee for the collection of the payment.

Added by Laws 1988, c. 139, § 5, eff. Nov. 1, 1988. Amended by Laws

2001, c. 146, § 8, emerg. eff. April 30, 2001. Renumbered from §

755 of this title by Laws 2001, c. 146, § 247, emerg. eff. April 30,

2001.

§2-7-26. Failure to establish escrow account - Failure to continue

payments - Penalties.

Any milk processor failing to establish an escrow account upon

receipt of notification of a dairy farmer pursuant to the provisions

of this subarticle or who fails to continue to make payments until

the dairy farmer has received full payment of the purchase price,

upon conviction thereof shall be guilty of a misdemeanor and shall

be punished by the imposition of a fine of not more than One

Thousand Dollars ($1,000.00), imprisonment in the county jail for a

period not to exceed one (1) year, or both such fine and

imprisonment.

Added by Laws 1988, c. 139, § 6, eff. Nov. 1, 1988. Amended by Laws

2001, c. 146, § 9, emerg. eff. April 30, 2001. Renumbered from §

756 of this title by Laws 2001, c. 146, § 247, emerg. eff. April 30,

2001.

§2-7-401. Short title.

Sections 4 through 23 of this act shall be known and may be

cited as the "Oklahoma Milk and Milk Products Act".

Added by Laws 1981, c. 43, § 1, emerg. eff. April 8, 1981. Amended

by Laws 1987, c. 206, § 17, operative July 1, 1987; Laws 1987, c.

236, § 3, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 4, eff.

Oklahoma Statutes - Title 2. Agriculture

Sept. 1, 1994. Renumbered from Title 63, § 1-1301.1 by Laws 1994,

c. 140, § 30, eff. Sept. 1, 1994.

§2-7-402. Purpose - Public policy.

It is the policy of this state and the purpose of the Oklahoma

Milk and Milk Products Act to regulate the quality and the minimum

sanitary requirements of the production, processing, and

distribution of milk and milk products in a manner that shall:

1. Protect the health, safety, and welfare of the consumer

public; and

2. Allow Oklahoma milk and milk product producers, processors,

and distributors to enjoy free trade and commerce.

Added by Laws 1981, c. 43, § 2, emerg. eff. April 8, 1981. Amended

by Laws 1987, c. 206, § 18, operative July 1, 1987; Laws 1987, c.

236, § 4, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 5, eff.

Sept. 1, 1994. Renumbered from Title 63, § 1-1301.2 by Laws 1994,

c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, §

68, emerg. eff. June 6, 2000.

§2-7-403. Definitions.

As used in the Oklahoma Milk and Milk Products Act:

1. "Bulk milk hauler/sampler" means any person collecting

official samples who may transport raw milk from a farm or raw milk

products to or from a milk plant, receiving station, or transfer

station and has in his or her possession a permit from any state to

sample these products;

2. "Dairy farm" means any premises owned or operated by a "milk

producer" where one or more cows or goats are kept, and from which a

part or all of the milk or milk products is sold or offered for

sale;

3. "Goat milk" means the lacteal secretion, practically free

from colostrum, obtained by the complete milking of one or more

healthy goats;

4. "Grade A milk and milk products" means milk and milk

products at any stage from production through pasteurization and

packaging, that are of the minimum quality and are produced, hauled,

processed and distributed under conditions which meet the

requirements of the Oklahoma Milk and Milk Products Act;

5. "Inhibitor" means any chemical or antibiotic substance which

inhibits or retards the growth of bacteria in milk;

6. "Milk" means the lacteal secretion, practically free from

colostrum, obtained by the complete milking of one or more healthy

cows, which contains not less than eight and one-fourth percent (8

1/4%) milk solids-not-fat and not less than three and one-fourth

percent (3 1/4%) milk fat. The term "milk" shall include goat milk,

fluid market milk, and milk products for the purpose of distribution

to the consumer, and may contain optional ingredients defined by the

Oklahoma Statutes - Title 2. Agriculture

State Board of Agriculture and shall include ungraded and Grade A

milk;

7. "Milk contact surface" means any pipe, tank, equipment, or

facility which contacts or may contact milk during the producing,

transporting, processing, or distributing of milk and milk products;

8. "Milk distribution center" means any premises, owned or

operated by a "milk distributor", which distributes and sells or

offers to sell milk and milk products but does not include an

establishment which sells or offers to sell Grade A milk and milk

products at retail;

9. "Milk facility" means the producing, processing,

transporting, or distributing premises and facilities which operate

under an appropriate and valid permit issued by the Commissioner, in

compliance with the Oklahoma Milk and Milk Products Act and the

rules of the Board;

10. "Milk fat" or "butter fat" means the fat of milk;

11. "Milk plant" means any premises owned or operated by a

"milk processor" where milk or milk products are collected,

manufactured, processed, pasteurized, bottled, stored, or prepared

for distribution for commercial purposes including, but not limited

to, a receiving or transfer station;

12. "Milk products" means those products produced or obtained

from milk or any component or product of milk and defined by the

Board, including Grade A milk products, ungraded raw milk and

ungraded milk products;

13. "Milk tank truck cleaning facility" means any premises or

establishment, separate from a milk plant, receiving station, or

transfer station, where a milk tank truck is cleaned and sanitized;

14. "Milk tank truck driver" means any person transporting raw

or pasteurized milk products between a milk plant, receiving

station, or transfer station;

15. "Milk transportation company" means any person responsible

for a milk tank truck;

16. "Pasteurized milk" means Grade A raw milk which has been

pasteurized and stored in accordance with the chemical,

bacteriological, and temperature standards required by the Board;

17. "Receiving station" means any premises where raw milk is

received, collected, handled, stored, or cooled and prepared for

further transporting;

18. "Retail food store" means any establishment which offers

for retail sale packaged or bulk food goods for human consumption;

19. "Transfer station" means any establishment or premises

where milk or milk products are transferred directly from one milk

tank truck to another; and

20. "Ungraded milk products" and "manufacture grade milk

products" include, but are not limited to, butter, cheese, dry milk,

Oklahoma Statutes - Title 2. Agriculture

condensed milk, filled or evaporated milk, frozen dairy dessert and

mello-drink products.

Added by Laws 1981, c. 43, § 3, emerg. eff. April 8, 1981. Amended

by Laws 1987, c. 206, § 19, operative July 1, 1987; Laws 1987, c.

236, § 5, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 6, eff.

Sept. 1, 1994. Renumbered from Title 63, § 1-1301.3 by Laws 1994,

c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, §

69, emerg. eff. June 6, 2000.

§2-7-404. Rules.

A. The State Board of Agriculture shall promulgate rules

governing:

1. The production, transportation, processing, pasteurization,

handling, identity, sampling, examination, labeling, marking,

shipping statements, optional ingredients, definitions and sanitary

conditions for milk and milk products;

2. The inspection and sanitary rating of dairy farms, bulk milk

hauler/samplers, milk transportation companies, milk tank truck

cleaning facilities, milk plants and distribution centers engaged in

producing, transporting, processing and distributing milk and milk

products;

3. The issuing, modifying, suspending and revoking of permits

to producers, bulk milk hauler/samplers, milk transportation

companies, milk tank truck cleaning facilities, processors and

distributors of milk and milk products;

4. The approval of facilities therefor;

5. All cheese factories;

6. All modes of transportation used for the distribution of

milk and cream to market; and

7. The labeling and packaging of milk and milk products.

B. The rules promulgated by the Board shall be in accord with

the minimum standards and requirements for milk and milk products

currently recommended and established by the United States

Department of Health and Human Services, Food and Drug

Administration, including the Recommended Grade A Pasteurized Milk

Ordinance.

Added by Laws 1981, c. 43, § 4, emerg. eff. April 8, 1981. Amended

by Laws 1987, c. 206, § 20, operative July 1, 1987; Laws 1987, c.

236, § 6, emerg. eff. July 20, 1987; Laws 1993, c. 145, § 350, eff.

July 1, 1993; Laws 1994, c. 140, § 7, eff. Sept. 1, 1994.

Renumbered from § 1-1301.4 of Title 63 by Laws 1994, c. 140, § 30,

eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, § 70, emerg. eff.

June 6, 2000; Laws 2019, c. 254, § 1, eff. Nov. 1, 2019.

§2-7-405. Commissioner - Power and duty.

The Commissioner of Agriculture shall have the power and duty

to:

Oklahoma Statutes - Title 2. Agriculture

1. Administer and supervise the enforcement of the Oklahoma

Milk and Milk Products Act;

2. Provide for periodic inspection and investigation as

necessary to determine compliance with the Oklahoma Milk and Milk

Products Act and to record each inspection on a form approved by the

Commissioner. Every milk producer, bulk milk hauler/sampler, milk

tank truck driver, milk transportation company, milk tank truck

cleaning facility, milk processor, or milk distributor engaged in

producing, transporting, processing, or distributing milk and milk

products shall, upon request, permit access of the Commissioner to

all areas of establishment, during normal business hours, to

evaluate compliance with the provisions of the Oklahoma Milk and

Milk Products Act;

3. Secure and analyze samples of milk and milk products from

any milk producer, bulk milk hauler/sampler, milk transportation

company, milk tank truck cleaning facility, milk processor, or milk

distributor. Milk and milk products packaged for retail sale to

consumers shall not be taken without first paying or offering to pay

for the sample;

4. Prohibit the producing, processing, and sale of adulterated

milk and milk products;

5. Receive and investigate complaints;

6. Issue permits to the owner or operator of dairy farms, bulk

milk hauler/sampler, milk tank truck driver, milk transportation

company, milk tank truck cleaning facility, milk plants, milk

distribution centers, and receiving or transfer stations to engage

in the producing, transporting, processing, or distributing of milk

and milk products upon receipt of permit applications and upon

determining that these facilities are in compliance with the

Oklahoma Milk and Milk Products Act and to modify, suspend, or

revoke such permits;

7. Maintain laboratory reports of samples collected by the

Commissioner, listings of permits issued, modified, suspended, and

revoked;

8. Require submission, timely review, and approval, of plans,

specifications, and other information relative to the construction

or alteration of milk and milk product facilities, prior to the

commencement of work;

9. Examine statements of the actual quantities of milk and milk

products purchased and sold, lists of all sources of milk and milk

products, and records of cleaning, tests, and pasteurization times

and temperatures of appropriate facilities; and

10. Examine and approve laboratories to conduct those analyses

required by the Oklahoma Milk and Milk Products Act.

Added by Laws 1981, c. 43, § 5, emerg. eff. April 8, 1981. Amended

by Laws 1987, c. 206, § 21, operative July 1, 1987; Laws 1987, c.

236, § 7, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 8, eff.

Oklahoma Statutes - Title 2. Agriculture

Sept. 1, 1994. Renumbered from Title 63, § 1-1301.5 by Laws 1994,

c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 1994, c. 289, §

3, emerg. eff. June 6, 1994; Laws 2000, c. 367, § 71, emerg. eff.

June 6, 2000.

§2-7-406. Sale of Grade A milk and milk products.

A. Only Grade A pasteurized milk and milk products or Grade A

raw milk shall be sold to the final consumer; provided, however:

1. Only Grade A pasteurized milk shall be sold through

restaurants, soda fountains, grocery stores, or similar

establishments, including school lunch rooms; and

2. In an emergency, the sale of pasteurized milk and milk

products which have not been graded, or the grade is unknown, may be

authorized by the Commissioner of Agriculture so long as the milk

and milk products shall be labeled "ungraded".

B. Approval by the Commissioner pursuant to rules promulgated

by the State Board of Agriculture for the use of Grade A label on

milk and milk products processed at any milk plant in accordance

with the provisions of the Oklahoma Milk and Milk Products Act shall

constitute an acceptable rating for all intrastate purposes. No

sanitary requirement or standard issued pursuant to the Oklahoma

Milk and Milk Products Act or by any governmental subdivision shall

prohibit the sale of Grade A milk and milk products which are

produced and processed under laws or rules of any governmental unit

which are substantially equivalent to the requirements of the

Oklahoma Milk and Milk Products Act, and which are enforced with

equal effectiveness, as determined by a milk sanitation rating

certified to the U.S. Department of Health and Human Services, Food

and Drug Administration or its successor.

Added by Laws 1981, c. 43, § 6, emerg. eff. April 8, 1981. Amended

by Laws 1994, c. 140, § 9, eff. Sept. 1, 1994. Renumbered from

Title 63, § 1-1301.6 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994.

Amended by Laws 2000, c. 367, § 72, emerg. eff. June 6, 2000.

§2-7-407. Adulterated or misbranded milk or milk product.

A. Any Grade A milk or milk product shall be adulterated if:

1. It bears or contains any poisonous, deleterious, or

inhibitor substance in a quantity which may render it injurious to

health;

2. It bears or contains any added poisonous, inhibitor, or

deleterious substance for which no safe tolerance has been

established by state rule or federal regulations, or in excess of

the tolerance if one has been established;

3. It consists, in whole or in part, of any substance unfit for

human consumption;

4. It has been produced, processed, prepared, packed, held, or

transported under unsanitary conditions;

Oklahoma Statutes - Title 2. Agriculture

5. Its container is composed, in whole or in part, of any

poisonous or deleterious substance which may render the contents

injurious to health; or

6. Any substance has been added, mixed, packed, or any process

applied to increase its bulk or weight, or reduce its quality,

strength, or make it appear better or of greater value than it is.

B. Grade A milk and milk products shall be misbranded when:

1. Their containers bear or accompany any false or misleading

written, printed, or graphic matter;

2. The milk and milk products do not conform to the definitions

in the Oklahoma Milk and Milk Products Act;

3. The products are not labeled in accordance with the Oklahoma

Milk and Milk Products Act; and

4. Products are labeled "Grade A" when the packaged products

were filled from a dairy plant or milk plant which did not possess

an appropriate and valid Grade A permit at the time the milk or milk

product was produced or processed.

Added by Laws 1981, c. 43, § 7, emerg. eff. April 8, 1981. Amended

by Laws 1994, c. 140, § 10, eff. Sept. 1, 1994. Renumbered from

Title 63, § 1-1301.7 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994.

Amended by Laws 2000, c. 367, § 73, emerg. eff. June 6, 2000.

§2-7-408. Permits.

A. No person shall produce, haul, process, or distribute Grade

A raw milk for pasteurization or milk and milk products, or hold

oneself out as a milk producer, transporter, processor, or

distributor or represent a dairy farm, bulk milk hauler/sampler,

milk tank truck driver, milk transportation company, milk tank truck

cleaning facility, milk plant, receiving or transfer station, milk

distribution center, or milk or milk products as "Grade A" unless

that person possesses an appropriate and valid permit for the

particular premises or facilities concerned.

B. Applications for permits for dairy farms, bulk milk

hauler/sampler, milk tank truck driver, milk transportation company,

milk tank truck cleaning facility, milk plants, receiving or

transfer stations, and milk distribution centers shall be submitted

on a form approved by the State Board of Agriculture. Each

applicant shall allow the Commissioner to inspect the applicable

premises, records, and facilities. The Board shall inspect premises

and facilities and issue the permit applied for when compliance is

confirmed. The permits shall be issued without an expiration date

except for the bulk milk hauler/sampler and milk tank truck driver

permit that shall be effective for two (2) years. Permits shall not

be transferable among persons or places.

C. The Board may issue permits, which shall be contingent upon

continuing compliance, to facilities located outside this state

which comply with the provisions of subsection B of Section 7-406 of

Oklahoma Statutes - Title 2. Agriculture

this title. If an out-of-state facility requests, or if the

facility is not certified, then the cost for all inspections

necessary pursuant to this subsection shall be paid by those

facilities and the amounts paid shall be deposited in the State

Department of Agriculture Revolving Fund.

D. The Board shall issue permits and establish classifications

for milk and milk products.

E. The Board shall promulgate rules to establish fees for

permits and inspections pursuant to this section.

Added by Laws 1981, c. 43, § 8, emerg. eff. April 8, 1981. Amended

by Laws 1987, c. 206, § 22, operative July 1, 1987; Laws 1987, c.

236, § 8, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 11, eff.

Sept. 1, 1994. Renumbered from § 1-1301.8 of Title 63 by Laws 1994,

c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, §

74, emerg. eff. June 6, 2000; Laws 2002, c. 173, § 5, emerg. eff.

May 6, 2002; Laws 2010, c. 90, § 2, emerg. eff. April 12, 2010.

§2-7-409. Sampling and testing.

A. The Commissioner of Agriculture shall collect and analyze

representative samples, at least four times in any consecutive six

(6) months, of Grade A raw milk for pasteurization and Grade A milk

and milk products from each Grade A dairy farm, or milk plant and

shall collect and analyze representative Grade A milk and milk

products, as required by the Oklahoma Milk and Milk Products Act and

rules promulgated by the State Board of Agriculture.

B. Whenever two of the last four consecutive bacteria counts,

somatic cell counts, coliform determinations, or cooling

temperatures, taken on separate days, exceed the limit of the

standard for the milk and milk products, the Commissioner shall send

a written notice to the person concerned. This notice shall be in

effect so long as two of the last four consecutive samples exceed

the limit of the standard. An additional sample shall be taken

within twenty-one (21) days of sending the notice, but not before

the lapse of three (3) days.

C. Whenever a phosphatase test on Grade A pasteurized milk is

positive, the cause shall be determined; and where the cause is

improper pasteurization, it shall be corrected and any milk or milk

product involved shall not be offered for sale as Grade A.

D. Whenever an inhibitor test is positive and confirmed, the

cause shall be determined, any milk or milk product involved shall

not be offered for sale as Grade A, and the dairy farm responsible

shall not produce raw milk for Grade A purposes until the milk is

found to be free of inhibitors.

E. Samples shall be analyzed in a laboratory approved by the

Commissioner. All sampling procedures and required laboratory

examinations shall be in substantial compliance with the latest

edition of Standard Methods for the Examination of Dairy Products of

Oklahoma Statutes - Title 2. Agriculture

the American Public Health Association and the latest edition of

Official Methods of Analyses of the Association of Official

Analytical Chemists. The procedures including the certification of

sample collectors and the examinations shall be evaluated in

accordance with the Evaluation of Milk Laboratories, 1995

Recommendations of the U.S. Public Health Service/Food and Drug

Administration and its successors.

Added by Laws 1981, c. 43, § 9, emerg. eff. April 8, 1981. Amended

by Laws 1994, c. 140, § 12, eff. Sept. 1, 1994. Renumbered from

Title 63, § 1-1301.9 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994.

Amended by Laws 2000, c. 367, § 75, emerg. eff. June 6, 2000.

§2-7-410. Suspension of permit.

A. Since analytical results may not become available until

after the milk and milk products reach retail stores and consumers,

the Commissioner of Agriculture, for the imperative protection of

public health, safety, and welfare, as defined in the Administrative

Procedures Act, shall upon receipt of the analysis, notify and

suspend the permit of a dairy farm or milk plant:

1. Which produced raw milk containing an inhibitor, for at

least twenty-four (24) hours and until the cause is corrected and

the raw milk is found to be free of inhibitors; or

2. Which produced or processed milk that, in any consecutive

six (6) months, exceeded in three of the last five samples the limit

of the standard for the milk, in accordance with Section 7-409 of

this title for at least twenty-four (24) hours and until the dairy

farm or milk plant is inspected and/or sampled and found to be in

compliance.

B. The Commissioner shall notify and suspend the permit of a

facility refusing to allow an inspection of the applicable premises

as required by the Oklahoma Milk and Milk Products Act or upon a

second consecutive inspection, conducted not less than seventy-two

(72) hours nor more than twenty-one (21) days after the first

inspection, disclosing gross neglect of cleaning of milk contact

surfaces. This suspension shall continue until an inspection is

allowed or the milk contact surfaces are found to be clean.

C. The Commissioner may suspend, revoke or refuse to renew a

permit for continuing or multiple violations of the Oklahoma Milk

and Milk Products Act, or suspend a Grade A permit to protect the

public health, safety, or welfare.

Added by Laws 1981, c. 43, § 10, emerg. eff. April 8, 1981. Amended

by Laws 1987, c. 206, § 23, operative July 1, 1987; Laws 1987, c.

236, § 9, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 13, eff.

Sept. 1, 1994. Renumbered from Title 63, § 1-1301.10 by Laws 1994,

c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, §

76, emerg. eff. June 6, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-7-411. Persons affected with communicable disease.

A. No person affected with any disease capable of being

transmitted to others through the contamination of food shall work

at any dairy farm or milk plant in any capacity which brings that

person into contact with the equipment involved or employees engaged

in the producing, handling, storing, or transporting of milk, milk

products, containers, equipment, and utensils; and no milk producer

or milk plant operator shall employ in any capacity any affected

person, any person suspected of having any disease capable of being

transmitted to others through the contamination of food, or of being

a carrier of communicable diseases. Any milk producer, processor,

or distributor who suspects that any employee has contracted any

disease or has become a carrier of a disease capable of being

transmitted to others through the contamination of food shall notify

the Commissioner of Agriculture immediately.

B. When reasonable cause exists to suspect the possibility of

transmission of infection from any person concerned with the

handling of milk and milk products, the Commissioner is authorized

to require any or all of the following measures:

1. The immediate exclusion of that person from milk handling;

2. The immediate exclusion of the milk supply concerned from

distribution and use; and

3. Adequate medical examination and testing of the person, of

his or her associates, and of the bodily discharges of both.

Added by Laws 1981, c. 43, § 11, emerg. eff. April 8, 1981. Amended

by Laws 1994, c. 140, § 14, eff. Sept. 1, 1994. Renumbered from

Title 63, § 1-1301.11 by Laws 1994, c. 140, § 30, eff. Sept. 1,

1994. Amended by Laws 2000, c. 367, § 77, emerg. eff. June 6, 2000.

§2-7-412. Herds - Diseased animals.

A. All milk for pasteurization and for Grade A raw distribution

shall be from herds located in a Modified Accredited Tuberculosis

Area as determined by the U.S. Department of Agriculture; provided,

that herds located in an area that fails to maintain accredited

status shall have been certified by the United States Department of

Agriculture as tuberculosis-free, or shall have an annual negative

tuberculosis test.

B. All milk for pasteurization and for Grade A raw distribution

shall be from herds participating in Brucellosis Milk Surveillance

program for brucellosis eradication which is conducted on a

continuing basis at intervals of not less than every three (3)

months or more than every six (6) months. Individual blood tests may

be required on all animals in herds showing positive reactions to

the Brucellosis Milk Surveillance test.

C. For diseases other than brucellosis and tuberculosis, the

Commissioner shall require physical, chemical, or bacteriological

tests as necessary. The diagnosis of other diseases in dairy cattle

Oklahoma Statutes - Title 2. Agriculture

shall be based upon the findings of a licensed veterinarian or a

veterinarian in the employ of an official agency.

D. Any diseased animal disclosed by the test shall be disposed

of as the State Veterinarian directs.

Added by Laws 1981, c. 43, § 12, emerg. eff. April 8, 1981. Amended

by Laws 1994, c. 140, § 15, eff. Sept. 1, 1994. Renumbered from

Title 63, § 1-1301.12 by Laws 1994, c. 140, § 30, eff. Sept. 1,

1994. Amended by Laws 2000, c. 367, § 78, emerg. eff. June 6, 2000.

§2-7-413. Violations.

It shall be unlawful for any person to knowingly, willfully or

recklessly:

1. Attempt to produce, haul, process or distribute milk or milk

products without an appropriate and valid permit;

2. Sell, offer or expose for sale as Grade A any adulterated or

misbranded milk or milk product;

3. Sell, offer, expose for sale or serve milk and milk products

which have not been maintained at or below the temperature specified

by the State Board of Agriculture;

4. Dip or ladle Grade A milk and milk products;

5. Transfer Grade A milk and milk products at any location

other than a permitted Grade A facility designed and equipped for

such purpose;

6. Prevent, interfere or attempt to impede the Commissioner

from investigating and enforcing the Oklahoma Milk and Milk Products

Act;

7. Sell or serve Grade A milk and milk products from other than

the individual container, or approved bulk dispenser, received from

the distributor; or

8. Violate any provision of the Oklahoma Milk and Milk Products

Act.

Added by Laws 1981, c. 43, § 13, emerg. eff. April 8, 1981. Amended

by Laws 1987, c. 206, § 24, operative July 1, 1987; Laws 1987, c.

236, § 10, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 16, eff.

Sept. 1, 1994. Renumbered from § 1-1301.13 of Title 63 by Laws

1994, c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c.

367, § 79, emerg. eff. June 6, 2000; Laws 2019, c. 254, § 2, eff.

Nov. 1, 2019.

§2-7-414. Construction of act.

A. The provisions of the Oklahoma Milk and Milk Products Act

shall not be construed to:

1. Include incidental sales of raw milk directly to consumers

at the farm where the milk is produced;

2. Preclude the advertising of the incidental sale of goat

milk; and

Oklahoma Statutes - Title 2. Agriculture

3. Prohibit any farmer or producer from making cheese using

milk or cream produced on the farm of such farmer or producer.

B. For purposes of this section, incidental sales of goat milk

are those sales where the average monthly number of gallons sold

does not exceed one hundred (100).

Added by Laws 1981, c. 43, § 14, emerg. eff. April 8, 1981. Amended

by Laws 1987, c. 206, § 25, operative July 1, 1987; Laws 1987, c.

236, § 11, emerg. eff. July 20, 1987; Laws 1989, c. 182, § 1,

operative July 1, 1989; Laws 1994, c. 140, § 17, eff. Sept. 1, 1994.

Renumbered from Title 63, § 1-1301.14 by Laws 1994, c. 140, § 30,

eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, § 80, emerg. eff.

June 6, 2000.

§2-7-415. Fees.

A. A fee of one cent ($0.01) shall be assessed on each one

hundred (100) pounds of raw milk produced in this state. Each coop, marketing agent, or processing plant where the raw milk is not

collected by a co-op or marketing agent, doing business in Oklahoma

shall pay the fees each calendar month to the Commissioner of

Agriculture to be credited to the Milk and Milk Products Inspection

Revolving Fund of the State Treasury.

B. There is hereby assessed a fee of one cent ($0.01) on each

one hundred (100) pounds of Grade A milk or milk products processed

or offered for retail sale in Oklahoma. Each milk plant doing

business in Oklahoma shall pay the fees each calendar month to the

Commissioner to be credited to the Milk and Milk Products Inspection

Revolving Fund of the State Treasury.

C. A fee assessed on each one hundred (100) pounds of milk or

milk products produced or processed in another state and imported

into Oklahoma shall be the same amount assessed on milk or milk

products shipped to that state from Oklahoma. The person shipping

or causing the shipment of milk or milk products shall be

responsible for paying the fees semi-annually on January 1 and July

1 of each year to the Commissioner and be credited to the Milk and

Milk Products Inspection Revolving Fund of the State Treasury.

Added by Laws 1987, c. 206, § 26, operative July 1, 1987. Amended

by Laws 1987, c. 236, § 12, emerg. eff. July 20, 1987; Laws 1994, c.

140, § 18, eff. Sept. 1, 1994. Renumbered from Title 63, § 11301.15 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. Amended by

Laws 2000, c. 367, § 81, emerg. eff. June 6, 2000.

§2-7-416. Milk and Milk Products Inspection Revolving Fund.

There is hereby created in the State Treasury a revolving fund

to be known as the "Milk and Milk Products Inspection Revolving

Fund". The fund shall be a continuing fund not subject to fiscal

year limitations and is appropriated and may be budgeted and

expended by the Commissioner of Agriculture for the purpose of

Oklahoma Statutes - Title 2. Agriculture

administering and enforcing the Oklahoma Milk and Milk Products Act.

Expenditures from the fund shall be made upon warrants issued by the

State Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.

Added by Laws 1987, c. 206, § 27, operative July 1, 1987. Amended

by Laws 1987, c. 236, § 13, emerg. eff. July 20, 1987; Laws 1994, c.

140, § 19, eff. Sept. 1, 1994. Renumbered from § 1-1301.16 of Title

63 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws

2000, c. 367, § 82, emerg. eff. June 6, 2000; Laws 2012, c. 304, §

7.

§2-7-417. Permits required.

No person shall produce, haul, process or distribute ungraded

raw milk or milk products or hold himself out as an ungraded milk

producer, hauler, processor or distributor unless such person

possesses an appropriate and valid permit for the particular

premises or facilities concerned. The processing of permit

applications and inspections shall be similar to the Grade A permit

process.

Added by Laws 1987, c. 206, § 28, operative July 1, 1987. Amended

by Laws 1987, c. 236, § 14, emerg. eff. July 20, 1987; Laws 1994, c.

140, § 20, eff. Sept. 1, 1994. Renumbered from Title 63, § 11301.17 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994.

§2-7-418.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-7-419. Quarantine of dairy products - Condemnation actions Costs - Correction of violation - Bond.

A. Whenever the Commissioner of Agriculture finds any dairy

product, in whole or in part, that fails to meet the requirements of

the Oklahoma Milk and Milk Products Act, or that a product is

handled in violation of law or rules of the State Board of

Agriculture, a tag or other appropriate marking shall be affixed

which shall give notice that the dairy product is, or is suspected

of, being manufactured, produced, handled, sold, or offered for sale

in violation of law or rules of the Board, and is quarantined, and

warning all persons not to remove or dispose of the dairy product

until permission for removal or disposal is given by the

Commissioner. It shall be unlawful for any person to remove or

dispose of the dairy product quarantined without permission.

B. If the Commissioner finds that dairy product quarantined

pursuant to subsection A of this section does not meet the

requirements of law, or the rules, the Commissioner may institute an

action in the district court in whose jurisdiction the dairy product

is quarantined, for the condemnation and destruction of the dairy

Oklahoma Statutes - Title 2. Agriculture

product. If the Commissioner finds that the dairy product

quarantined does meet the requirements of law and the rules, the

Commissioner shall remove the quarantine. In any court proceeding

regarding a quarantine, the State Department of Agriculture or the

Commissioner, shall not be held liable if the court finds probable

cause for the quarantine.

C. If the court finds that a quarantined dairy product, in

whole or in part, is in violation of the law, the dairy product

shall be destroyed at the expense of the owner or defender, under

the supervision of the Commissioner. All court costs, fees, cost of

storage, and other proper expenses shall be paid by the owner or

defender of the dairy product. The court may order that the dairy

product be delivered to the owner or defendant for appropriate

labeling or processing under the supervision of the Commissioner if

the violation can be corrected by proper processing of the dairy

product, all costs, fees, and expenses have been paid, and a

sufficient bond is executed and conditioned for appropriate labeling

or processing as the court may require. The expense of supervision

shall be paid to the Commissioner by the person obtaining release of

the dairy product under bond.

Added by Laws 1955, p. 53, art. 7(A), § 5. Amended by Laws 1987, c.

206, § 30, operative July 1, 1987; Laws 1987, c. 236, § 16, emerg.

eff. July 20, 1987. Renumbered from Title 2, § 7-5 by Laws 1987, c.

206, § 97, operative July 1, 1987. Amended by Laws 1987, c. 236, §

205, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 22, eff. Sept.

1, 1994. Renumbered from Title 63, § 1-1301.19 by Laws 1994, c.

140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, § 83,

emerg. eff. June 6, 2000.

§2-7-420.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-7-421. Official state agency.

The Oklahoma State Department of Agriculture is hereby

designated as the official state agency of this state for purposes

of cooperating with and implementing the dairy inspection and

grading program under the jurisdiction of the United States

Department of Agriculture.

Added by Laws 1994, c. 289, § 4, emerg. eff. June 6, 1994.

§2-8-1.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-21. Definitions.

As used in this subarticle:

Oklahoma Statutes - Title 2. Agriculture

1. "Advertisement" means all representations, other than those

on the label, disseminated in any manner or by any means relating to

seed;

2. "Agricultural seeds" means the seeds of grass, forage,

cereal and fiber crops, and any other kinds of seeds commonly

recognized within this state as agricultural seeds, lawn seeds, and

mixtures of seeds;

3. "Certified seed", “registered seed", and “foundation seed”

means seed that has been produced and labeled in accordance with the

procedures and rules of an officially recognized seed-certifying

agency or association;

4. "Coated seed" means a seed unit covered with any substance

which changes the size, shape, or weight of the original seed.

Seeds coated with ingredients including, but not limited to,

rhizobia, dyes, and pesticides are excluded;

5. "Germination" means the percent of seeds capable of

producing normal seedlings under ordinarily favorable conditions;

6. "Kind" means one or more related species or subspecies which

singly or collectively is known by one common name, for example,

corn, wheat, lespedeza, alfalfa, and fescue;

7. "Labeling" means all written, printed, or graphic

representations accompanying and pertaining to any seed in bulk or

in containers and includes, but is not limited to representations on

invoices;

8. "Lot" means a definite quantity of seed identified by a lot

number or other mark, every portion or bag of which is uniform

within recognized tolerances for the factors which appear in the

labeling;

9. "Noxious weed seeds" shall be divided into two classes,

"prohibited noxious weed seeds" and "restricted noxious weed seeds"

as defined in subparagraphs (a) and (b) of this paragraph. The

State Board of Agriculture may promulgate rules that add to or

subtract from the list of seeds included under either definition:

(a) prohibited noxious weed seeds are the seeds of weeds

which reproduce by seeds and spread by underground

roots, stems, or other reproductive parts. When

established, noxious weed seeds are highly destructive

and difficult to control in this state by ordinary

good cultural practice, and are prohibited by this

subarticle subject to recognized tolerances, and

(b) restricted noxious weed seeds are the seeds of weeds

which are very objectionable in fields, lawns, and

gardens of this state, but can be controlled by good

cultural practice;

10. “Pure seed” means agricultural and vegetable seeds,

exclusive of inert matter, and all other seeds not of the kinds, or

kinds and varieties, being considered;

Oklahoma Statutes - Title 2. Agriculture

11. "Record" means all information relating to lot,

identification, source, origin, variety, amount, processing,

testing, labeling, distribution, and a file sample of the seed;

12. "Seizure" means a legal process carried out by court order

or Board order against a specific quantity of seed;

13. "Stop sale" means an administrative order provided by law

restraining the sale, use, disposition, and movement of a specific

quantity of seed;

14. "Treated seed" means seed that has been treated with an

approved substance or subjected to a process designed to control or

repel plant disease organisms, insects, or other pests attacking the

seed or plants or will improve the planting value of the seed;

15. "Variety" means a subdivision of a kind characterized by

growth, yield, plant, fruit, seed, or other characteristics by which

it can be differentiated from other plants of the same kind;

16. “Vegetable seeds" means seeds of those crops which are

grown in gardens and on truck farms and are generally known and sold

under the name of vegetable seeds in this state; and

17. "Weed seeds" means the seeds of all plants generally

recognized as undesireable within this state and includes noxious

weed seeds.

Added by Laws 1955, p. 64, art. 8(B), § 1. Amended by Laws 1983, c.

84, § 1, eff. Nov. 1, 1983; Laws 2000, c. 367, § 84, emerg. eff.

June 6, 2000.

§2-8-22. Containers to bear label or tag – Label information.

A. Each bag, container, package, or bulk of agricultural seed

transported, sold, offered for sale, or exposed for sale by any

person within the State of Oklahoma for planting purposes, shall

have, bear, or have attached in a conspicuous place, a plainly

written or printed label or tag giving the following information,

which shall not be modified or disclaimed in the labeling on the bag

or container.

B. For treated seed, separate labeling shall show:

1. A word or statement that the seed has been treated;

2. The name or "coined name" of the treatment;

3. If harmful, the label must show the statement "Not to be

Used for Feed or Food", and if poisonous materials are used, the

label must show a caution statement stating words "Poison Treated".

C. For agricultural seeds separate labeling shall show:

1. Commonly accepted name as to kind, or kind and variety, of

each agricultural seed component in excess of five percent (5%) of

the whole. If more than one component is present in excess of five

percent (5%) of the whole, the word "mixture" or "mixed" shall be

shown conspicuously on the tag or label;

2. Net weight;

3. Lot number or other lot identification;

Oklahoma Statutes - Title 2. Agriculture

4. Origin, including state or foreign country where grown. If

the origin is unknown, that fact shall be stated;

5. Percentage pure seed;

6. Percentage by weight of inert matter;

7. Percentage by weight of agricultural seed, other than the

one required to be named on the label (designated as "other crop

seed");

8. Percentage by weight of all weed seeds;

9. The name and rate of occurrence of each kind of restricted

noxious weed seed per pound when present in any amount;

10. For each named agricultural seed:

a.

percentage of germination, exclusive of hard seed,

b.

percentage of hard seed, if present, and

c.

the calendar month and year the test was completed to

determine percentages;

11. Following (A) and (B), above, the "total germination and

hard seed" may be stated if desired; and

12. Name and address of the person or vendor who labeled the

seed or who sells, offers, or exposes the seed for sale within the

state.

D. For vegetable seeds labeling shall show:

1. Net weight;

2. Name of kind and variety of seed; and

3. For seeds which germinate less than the standard last

established by the State Board of Agriculture:

a.

percentage of germination, exclusive of hard seed,

b.

percentage of hard seed, if present,

c.

the calendar month and year the test was completed to

determine the percentages,

d.

the words "below standard" in not less than eightpoint type, and

e.

name and address of the person who labels the seed, or

who sells, offers, or exposes the seed for sale within

this state.

E. For coated seed. In addition to the required labeling for

agricultural and vegetable seeds, when the seeds have been coated,

labeling shall show:

1. A word statement that seeds have been coated; and

2. Percentage by weight of inert coating material.

Added by Laws 1955, p. 65, art. 8(B), § 2. Amended by Laws 1983, c.

84, § 2, eff. Nov. 1, 1983; Laws 2000, c. 367, § 85, emerg. eff.

June 6, 2000.

§2-8-23. Unlawful acts.

A. It shall be unlawful for any person to sell, offer for sale,

or expose for sale any agricultural seed or vegetable seed within

this state:

Oklahoma Statutes - Title 2. Agriculture

1. Unless a license has been obtained in accordance with the

provisions of Sections 8-21 through 8-29 of this title;

2. Unless the date of test to determine the percentage of

germination is not more than nine (9) months prior to the sale,

except the date of test for hermetically sealed containers may be

thirty-six (36) months prior to sale;

3. Not labeled in accordance with the provisions of this

subarticle and rules, or having a false or misleading label;

4. When there has been a false or misleading advertisement; or

5. Treated with any substance designed to control or repel

plant disease organisms or insects or other pests unless each

container bears a label giving information in the form prescribed by

rules of the State Board of Agriculture, to show the name of the

substance and if the substance may be harmful to humans or animals,

a warning or caution statement adequate to protect the public.

B. It shall be unlawful for any person within this state:

1. To sell agricultural or vegetable seed that does not meet

the minimum standards of germination and purity, and the maximum for

inert matter and weed seed, prescribed in rules promulgated under

the provisions of this subarticle;

2. To sell agricultural or vegetable seed containing prohibited

noxious weed seeds or restricted noxious weed seeds, subject to

recognized tolerances, in excess of the amount allowed as prescribed

in rules promulgated under the provisions of this subarticle;

3. To detach, alter, deface, or destroy any label required or

provided for in this subarticle or the rules;

4. To alter or substitute seed in a manner that may defeat the

purposes of this subarticle;

5. To disseminate any false or misleading advertisement

concerning agricultural seed or vegetable seed in any manner or by

any means;

6. To fail to comply with a "stop-sale" order made by the Board

on agricultural seed or vegetable seed sold, offered for sale, or

exposed for sale; or to move, handle, or dispose of any lot of seed

held under a "stop-sale" order except with the permission of the

Board and for the purposes specified;

7. To fail to keep complete records of each lot of seed or make

available for inspection the records of origin, testing, variety,

distribution, seed samples, invoices, and other pertinent records or

information, to the Board; or

8. To sell, offer, or expose for sale any seed labeled

"certified seed", "registered seed", or "foundation seed", unless it

has been produced and labeled in compliance with the rules of an

officially recognized seed-certifying agency or association.

Added by Laws 1955, p. 66, art. 8(B), § 3. Amended by Laws 1971, c.

34, § 1, operative July 1, 1971; Laws 2000, c. 367, § 86, emerg.

eff. June 6, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-8-24. Records - File samples - Inspection.

Each person whose name appears on the label and handles

agricultural and vegetable seed subject to this subarticle shall

keep, for a period of at least two (2) years, complete records of

each lot of agricultural or vegetable seed handled, and shall keep

for at least one (1) year a file sample of each lot of seed after

final disposition. All records pertaining to the lot or lots

involved shall be accessible for inspection by the State Board of

Agriculture during customary business hours.

Added by Laws 1955, p. 67, art. 8(B), § 4. Amended by Laws 2000, c.

367, § 87, emerg. eff. June 6, 2000.

§2-8-25. Penalty exemptions – Provision exceptions.

A. No person shall be subject to the penalties of this

subarticle for having sold, offered, or exposed for sale in this

state any agricultural seed or vegetable seed which is incorrectly

labeled or represented as to kind, kind and variety, or origin which

cannot be identified by examination, unless the person failed to

obtain an invoice or grower's declaration giving kind, or kind and

variety, and origin, and to take precautions necessary or required

to insure the identity and variety of the seed.

B. The provisions of Sections 8-22 and 8-23 of this title shall

not apply:

1. To seed sold by a farmer or grower to a seed dealer or

processor, or in storage in, or consigned to, a seed cleaning or

processing establishment for cleaning or processing; provided, that

any labeling or other representation which may be made with respect

to uncleaned seed shall be subject to the provisions of this

subarticle.

2. To any carrier in respect to any seed transported or

delivered for transportation in the ordinary course of its business

as a carrier, if the carrier is not engaged in producing,

processing, or marketing agricultural or vegetable seed.

Added by Laws 1955, p. 67, art. 8(B), § 5. Amended by Laws 2000, c.

367, § 88, emerg. eff. June 6, 2000.

§2-8-26. Powers of Board and agents.

The State Board of Agriculture shall have authority:

1. To sample, test, make analysis of, and inspect any

agricultural seed or vegetable seed transported, sold, offered or

exposed for sale within this state for planting purposes, at any

time and place and to any extent necessary to determine whether the

agricultural seed or vegetable seed are in compliance with the

provisions of this subarticle and rules promulgated thereto;

2. To issue and enforce a written or printed "stop-sale" order

to the person or vendor of any agricultural seed or vegetable seed

Oklahoma Statutes - Title 2. Agriculture

which is in violation of any of the provisions of this subarticle or

rules promulgated thereto; provided, that no "stop-sale" order shall

be issued or attached to any seed without first giving the vendor an

opportunity to comply with the provisions of this subarticle or to

withdraw the seed from sale;

3. To furnish adequate facilities for seed testing and to

employ qualified persons for making the tests;

4. To publish or cause to be published the results of the

examination, analysis, and test of any agricultural or vegetable

seed sampled in accordance with the provisions of this subarticle,

together with any other information that the Board may deem

advisable;

5. To cooperate with the United States Department of

Agriculture in the enforcement of the Federal Seed Act where mutual

understanding is reached by written cooperative agreement;

6. To issue a license to any person upon payment of Twenty-five

Dollars ($25.00) for each license of a retail seed dealer or One

Hundred Dollars ($100.00) for each license of a retail-wholesale

seed dealer to be applied for by each seed dealer upon forms

furnished for that purpose. Out-of-state wholesale and retail seed

dealers who sell or ship agricultural or vegetable seed into this

state shall obtain a license in the same manner. A separate license

shall be required for each place of business. Each license shall

expire on a date to be determined by the Board. Any license issued

under the provisions of this subarticle may be revoked by the Board

upon satisfactory proof that the licensee has violated any of the

provisions of this subarticle or any of the rules;

7. To provide that any person in this state shall have the

privilege of submitting seed samples for test, subject to the

charges made for samples submitted as prescribed in rules

promulgated by the Board;

8. To provide that any agricultural or vegetable seeds sold,

distributed, offered for sale, or exposed for sale in this state,

the person or vendor responsible for labeling and distributing the

seed shall pay an inspection fee of not to exceed eight cents

($0.08) per hundred-pound weight. Every person responsible for

labeling and distributing seed to a retail seed licensee in

Oklahoma, or each retail seed licensee who processes and sells seed

to the consumer on which the inspection fee has not been paid, shall

file not later than the last day of January and July a semiannual

affidavit, setting forth the number of pounds of seed sold for the

preceding six (6) calendar months; and upon filing this statement

shall pay the inspection fee required. Each person labeling and

distributing seed shall keep records required by the Board to

indicate accurately the number of pounds of seed sold;

9. To examine records and to verify the statement of the number

of pounds of seed sold and the inspection fee reported. The form of

Oklahoma Statutes - Title 2. Agriculture

the statement for reporting and paying the seed inspection fees on a

semiannual basis shall be prescribed in rules of the Board. Failure

to make an accurate statement of the number of pounds of seed sold

and payment of the inspection fee shall be a misdemeanor, and

constitute sufficient cause for the revocation of the person's

Oklahoma Seed License and to take any other appropriate action

provided under the law. An inspection fee penalty of ten percent

(10%) of the amount due or Ten Dollars ($10.00), whichever is

greater, shall be assessed if the semiannual statement is not

submitted when due; and

10. To collect all fees and other money as provided in this

subarticle and deposit the monies in the State Department of

Agriculture Revolving Fund.

Added by Laws 1955, p. 67, art. 8(B), § 6, emerg. eff. June 3, 1955.

Amended by Laws 1971, c. 34, § 2, operative July 1, 1971; Laws 1983,

c. 84, § 3, eff. Nov. 1, 1983; Laws 2000, c. 367, § 89, emerg. eff.

June 6, 2000; Laws 2004, c. 109, § 4.

§2-8-26.1. State preemption – Exception for taxation.

A. The Legislature hereby occupies and preempts the entire

field of legislation in this state touching in any way the

regulation and enforcement of the registration, labeling, sale,

storage, transportation, distribution, notification of use, and use

of seeds to the complete exclusion of any order, ordinance or

regulation by any municipality or other political subdivision of

this state.

B. No political subdivision shall regulate the registration,

packaging, labeling, sale, storage, distribution, use or application

of seeds. No political subdivision shall adopt or continue in

effect local orders, ordinances, or regulations in this field,

except for those relating to taxation relating to registration,

packaging, labeling, sale, storage, distribution, use or application

of seeds. Local legislation in violation of this section is void

and unenforceable.

Added by Laws 2005, c. 58, § 1, eff. Nov. 1, 2005.

§2-8-27. Seizure - Condemnation.

Any agricultural seed or vegetable seed sold, offered for sale,

or exposed for sale in violation of any of the provisions of this

subarticle or rules promulgated thereto shall be subject to seizure

on petition of the State Board of Agriculture to a court in the

locality in which the seed is located. If the court finds the seed

to be in violation of this subarticle and orders the condemnation of

the seed, the seed shall be destroyed, reprocessed, relabeled, or

disposed of in compliance with the laws of this state and as

directed by the court.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 68, art. 8(B), § 7.

367, § 90, emerg. eff. June 6, 2000.

§2-8-28.

2000.

Amended by Laws 2000, c.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-29. Minor violations - Deficient inspection fees.

A. Nothing in Sections 8-21 through 8-28 of this title shall be

construed as requiring the State Board of Agriculture or any

authorized agent to report, for prosecution, or for the institution

of seizure proceedings, minor violations of Sections 8-21 through 828 of this title when the Board determines that the public interest

will best be served by a suitable notice of violation or written

warning.

B. If the State Board of Agriculture finds any deficient

inspection fees due, as a result of an audit of the records of any

person subject to the provisions of Sections 8-21 through 8-28 of

this title, the Board shall assess a penalty fee of ten percent

(10%) maximum not to exceed Two Thousand Dollars ($2,000.00) of

amount due, or One Hundred Dollars ($100.00), whichever is greater.

The audit penalty shall be added to the deficient inspection fees

due and payment made within thirty (30) days.

Added by Laws 1955, p. 69, art. 8(B), § 9. Amended by Laws 1986, c.

151, § 1, eff. Nov. 1, 1986; Laws 2000, c. 367, § 91, emerg. eff.

June 6, 2000.

§2-8-31. Use of term "certified" - Certification by foreign

inspection agency - State agencies for certification.

No person shall use the term "certified", alone or with other

words, or use any other term or words which suggest certification by

a designated inspection agency, orally or in writing, relative to

any agricultural or vegetable seeds, any tubers for seeding

purposes, or plants or plant parts, sold or advertised for sale in

Oklahoma, except as provided by this subarticle. If the seeds,

tubers, plants, or plant parts were produced in another state or

foreign country, certification by the legally constituted

certification officials of a state, country, or of the United

States, shall be sufficient. Certification in Oklahoma shall be by

the Agricultural Experiment Station and the Agricultural Extension

Service of the Oklahoma State University, Division of Agricultural

Sciences and Natural Resources, or by an agency which they

designate.

Added by Laws 1963, c. 229, § 1, emerg. eff. June 12, 1963. Amended

by Laws 2001, c. 146, § 10, emerg. eff. April 30, 2001.

Renumbered from § 788.1 of this title by Laws 2001, c. 146, § 248,

emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-8-32. Persons subject to subarticle - Certification, what

constitutes.

Every person who issues, uses, or circulates any certificate,

advertisement, tag, seal, poster, letterhead, marketing circular,

written or printed representation, or description pertaining to

seeds, tubers, plants, or plant parts intended for propagation or

sale, which contains signs, symbols, maps, diagrams, pictures,

words, or phrases, including but not limited to “Oklahoma State

Certified”, “State Certified”, or “Oklahoma Certified”, which

expressly or impliedly state or represent that the seeds or plant

parts comply with the standards or requirements approved by the

Agricultural Experiment Station and the Agricultural Extension

Service of the Oklahoma State University, Division of Agricultural

Sciences and Natural Resources, shall be subject to the provisions

of this subarticle. Every issuance, use, or circulation of any

certificate or any other instrument, as described in this section,

shall be "certification".

Added by Laws 1963, c. 229, § 2, emerg. eff. June 12, 1963. Amended

by Laws 2001, c. 146, § 11, emerg. eff. April 30, 2001.

Renumbered from § 788.2 of this title by Laws 2001, c. 146, § 248,

emerg. eff. April 30, 2001.

§2-8-33. Compliance with rules and requirements - Single

certification agency for one crop - State agencies as sole

authority.

Every person subject to the provisions of this subarticle shall

comply with all rules and requirements specified by the Agricultural

Experiment Station and the Agricultural Extension Service of the

Oklahoma State University, Division of Agricultural Sciences and

Natural Resources regarding:

1. What crops grown or to be grown in Oklahoma shall be

eligible for certification;

2. The process of certification, either by Oklahoma State

University directly or by agents or agencies authorized by it for

the purpose; and

3. Standards, requirements, and forms for certification.

Not more than one agent or agency for certification shall be

designated for any one specified crop. No certification within the

provisions of this subarticle shall be made or authorized except

through the Agricultural Experiment Station and the Agricultural

Extension Service of the Oklahoma State University, Division of

Agricultural Sciences and Natural Resources.

Added by Laws 1963, c. 229, § 3, emerg. eff. June 12, 1963. Amended

by Laws 2001, c. 146, § 12, emerg. eff. April 30, 2001.

Renumbered from § 788.3 of this title by Laws 2001, c. 146, § 248,

emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-8-34. Self-supporting basis.

Certification work, whether conducted by the Agricultural

Experiment Station and the Agricultural Extension Service of the

Oklahoma State University, Division of Agricultural Sciences and

Natural Resources, or by an agency designated by them, shall be on a

self-supporting basis and shall not be performed for financial

profit.

Added by Laws 1963, c. 229, § 4, emerg. eff. June 12, 1963. Amended

by Laws 2001, c. 146, § 13, emerg. eff. April 30, 2001.

Renumbered from § 788.4 of this title by Laws 2001, c. 146, § 248,

emerg. eff. April 30, 2001.

§2-8-35. Nonliability of state agencies.

The Agricultural Experiment Station and the Agricultural

Extension Service of the Oklahoma State University, Division of

Agricultural Sciences and Natural Resources shall not be financially

responsible for debts incurred by, damages inflicted by, or

contracts broken by designated certifying agencies in conducting

certification work as authorized by this subarticle.

Added by Laws 1963, c. 229, § 5, emerg. eff. June 12, 1963. Amended

by Laws 2001, c. 146, § 14, emerg. eff. April 30, 2001. Renumbered

from § 788.5 of this title by Laws 2001, c. 146, § 248, emerg. eff.

April 30, 2001.

§2-8-36. Penalties.

It shall be unlawful for any person to issue, make, use, or

circulate any certification without the authority and approval of

the Agricultural Experiment Station and the Agricultural Extension

Service of the Oklahoma State University, Division of Agricultural

Sciences and Natural Resources, or its duly authorized agency.

Every person who violates any of the provisions of this subarticle

pertaining to certification shall be guilty of a misdemeanor and

upon conviction thereof shall be fined not less than One Hundred

Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for

each offense.

Added by Laws 1963, c. 229, § 6, emerg. eff. June 12, 1963. Amended

by Laws 2001, c. 146, § 15, emerg. eff. April 30, 2001. Renumbered

from § 788.6 of this title by Laws 2001, c. 146, § 248, emerg. eff.

April 30, 2001.

§2-8-36.1. Definitions.

For the purposes of this subarticle, "fungicide" means any

substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any fungi or bacteria.

Added by Laws 1959, p. 5, § 1. Amended by Laws 2001, c. 146, § 16,

emerg. eff. April 30, 2001. Renumbered from § 791 of this title by

Laws 2001, c. 146, § 248, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-8-36.2. Chemically treated seed to be sold separately - Marking.

It shall be unlawful to distribute, sell, or offer for sale, for

other than seeding purposes, within the State of Oklahoma, any

barley, corn, cotton, oats, peanuts, rye, sorghums, soybeans, wheat,

or other seed, cereals, or grain that has been treated with a

fungicide, unless it is sold separately from untreated seed or

grain, and a certificate, affidavit, or tag accompanies the sale

stating that the grain, seed, or cereal has been chemically treated

and cannot be used for "food, feed, or oil purposes".

Added by Laws 1959, p. 5, § 2. Amended by Laws 2001, c. 146, § 17,

emerg. eff. April 30, 2001. Renumbered from § 792 of this title by

Laws 2001, c. 146, § 248, emerg. eff. April 30, 2001.

§2-8-36.3. Penalty.

Any person violating any of the provisions of this subarticle

shall be guilty of a misdemeanor and, upon conviction, shall be

fined not more than One Thousand Dollars ($1,000.00).

Added by Laws 1959, p. 5, § 3. Amended by Laws 2001, c. 146, § 18,

emerg. eff. April 30, 2001. Renumbered from § 793 of this title by

Laws 2001, c. 146, § 248, emerg. eff. April 30, 2001.

§2-8-41.1. Short title.

This act shall be known and may be cited as the "Oklahoma

Commercial Feed Law".

Added by Laws 1984, c. 15, § 1, eff. July 1, 1985.

§2-8-41.2. Administration of act.

This act shall be administered by the Board of Agriculture of

the State of Oklahoma, hereinafter referred to as the "Board".

Added by Laws 1984, c. 15, § 2, eff. July 1, 1985.

§2-8-41.3. Definitions.

As used in the Oklahoma Commercial Feed Law:

1. "Brand name" means any word, name, symbol, device, or

combination identifying the commercial feed of a distributor or

licensee;

2. "Commercial feed" means all materials except whole seeds

unmixed or physically altered entire unmixed seeds, when not

adulterated within the meaning of paragraph 1 of Section 8-41.7 of

this title, which are distributed for use as feed or for mixing in

feed. The term “commercial feed” shall not include:

a.

any feed or any ingredient of feed which is to be used

by a contract feeder and fed to livestock and poultry,

owned solely by the manufacturer of the feed, or

b.

hay, straw, stover, silage, cobs, husks, hulls,

individual chemical compounds or substances or other

Oklahoma Statutes - Title 2. Agriculture

such commodities when these ingredient sources are not

intermixed or mixed with other materials, and are not

adulterated within the meaning of Section 8-41.7 of

this title, such commodities shall also be exempt from

the provisions of this subarticle;

3. "Contract feeder" means a person who as an independent

contractor feeds animals pursuant to a contract, the feed is

supplied, furnished, or provided to another person and the feeder's

renumeration is determined solely or in part by feed consumption,

mortality, profits, or amount or quality of product;

4. "Customer-formula feed" means commercial feed consisting of

a mixture of commercial feeds or feed ingredients. Each batch is

manufactured according to the specific instructions of the final

purchaser;

5. "Deleterious substance" means any substance including, but

not limited to, dust, dirt, filth, or excrement derived from

insects, birds, except domestic poultry litter, rodents, or other

animals that may render a feed material harmful or injurious when

consumed by animals;

6. "Distribute" means to offer for sale, sell, exchange,

barter, supply, furnish, or provide commercial feed;

7. "Distributor" means any person who distributes feed or feed

ingredients;

8. "Drug" means any article intended for use in the diagnosis,

cure, mitigation, treatment, or prevention of disease in animals

other than humans and articles other than feed intended to affect

the structure or any function of the animal body;

9. "Feed ingredient" means each of the constituent materials

making up a commercial feed;

10. "Label" means a display of written, printed, or graphic

matter upon or affixed to the container in which a commercial feed

is distributed, or on the invoice or delivery slip with which a

commercial feed is distributed;

11. "Labeling" means all labels and other written, printed, or

graphic matter upon commercial feed or any of its containers or

wrappers accompanying the commercial feed;

12. "Manufacture" means to grind, mix or blend, or further

process a commercial feed for distribution;

13. "Mineral feed" means a commercial feed intended to supply

primarily mineral elements or inorganic nutrients;

14. "Official sample" means any sample of feed taken by an

authorized agent of the State Board of Agriculture;

15. "Percent" or "percentages" means a portion of each hundred

units of weight;

16. "Pet" means any domesticated animal normally maintained in

or near the household of the animal's owner;

Oklahoma Statutes - Title 2. Agriculture

17. "Pet food" means any commercial feed prepared and

distributed for consumption by dogs or cats;

18. "Product name" means the name of the commercial feed which

identifies it as to kind, class, or specific use;

19. "Specialty pet" means any domesticated animal pet normally

maintained in a cage or tank, including, but not limited to,

gerbils, hamsters, canaries, psittacine birds, mynahs, finches,

tropical fish, goldfish, snakes, and turtles;

20. "Specialty pet food" means any commercial feed prepared and

distributed for consumption by specialty pets; and

21. "Ton" means a net weight of two thousand (2,000) pounds

avoirdupois.

Added by Laws 1984, c. 15, § 3, eff. July 1, 1985. Amended by Laws

1986, c. 125, § 1, eff. Nov. 1, 1986; Laws 1995, c. 163, § 1, eff.

July 1, 1995; Laws 2000, c. 367, § 92, emerg. eff. June 6, 2000.

§2-8-41.4. Licenses – Application – Fees – Suspension - Violations.

A. 1. Valid licenses are required by all persons whose name

appears on the label or invoice as the guarantor manufacturing or

distributing of a commercial feed product in this state. The

license application must list each manufacturing and distribution

facility which is or will be engaged in distributing any feed sold,

offered for sale, or distributed by the applicant. No license is

required of a person retailing or wholesaling commercial feed

labeled and guaranteed by another manufacturer. Any out-of-state

person who has no distribution facility within this state shall

obtain a license for the entity's principal out-of-state office if

the out-of-state person or other entity sells, offers or exposes for

sale, or distributes any commercial feed in this state.

2. Application shall be made on a form furnished by the State

Board of Agriculture.

3. The Board may establish an annual fee for licensing

distributors pursuant to the provisions of the Oklahoma Commercial

Feed Law. The Board shall follow the procedures required by the

Administrative Procedures Act for promulgation of rules in

establishing the licensing fees.

4. Licenses shall be renewed on a date to be determined by the

Board. Commercial feed license renewal applications received thirty

(30) days or more after the renewal date shall be subject to a late

filing fee of Fifty Dollars ($50.00).

B. Any license may be suspended, canceled, revoked, or refused

reissue by the Board after notice and opportunity for a hearing has

been given to the holder of the license in accordance with the

Administrative Procedures Act. Notice shall be given to the holder

of the license by registered or certified mail at least twenty (20)

days prior to the date of the hearing. The suspension,

cancellation, revocation, refusal to issue, or reissue may be made

Oklahoma Statutes - Title 2. Agriculture

if the Board finds any violation of the Oklahoma Commercial Feed Law

or of rules or standards prescribed by the Board.

C. When the Board has reasonable cause to believe a violation

of the law may exist, copies of labels and labeling of commercial

feed being distributed may be requested in order to determine

compliance with the provisions of the Oklahoma Commercial Feed Law,

Section 8-41.1 et seq. of this title.

Added by Laws 1984, c. 15, § 4, eff. July 1, 1985. Amended by Laws

1995, c. 163, § 2, eff. July 1, 1995; Laws 2000, c. 367, § 93,

emerg. eff. June 6, 2000; Laws 2004, c. 109, § 5.

§2-8-41.5. Feed labels.

A commercial feed shall be labeled as follows:

1. A commercial feed, except a customer-formula feed, shall be

accompanied by a label bearing the following information:

a.

net contents statement (weight or volume),

b.

the product name and the brand name, if any, under

which the commercial feed is distributed,

c.

the guaranteed analysis stated in such terms as the

State Board of Agriculture by rules determines is

required to advise the user of the composition of the

feed or to support claims made in the labeling. In

all cases the substances or elements must be

determinable by laboratory methods such as the methods

published by the Association of Official Analytical

Chemists International,

d.

the official, common, or usual name of each ingredient

used in the manufacture of the commercial feed. The

Board by rule may permit the use of a collective term

for a group of ingredients which perform a similar

function, or they may exempt commercial feeds, or any

group, from this requirement of an ingredient

statement if they find that the statement is not

required in the interest of consumers,

e.

the name and principal mailing address of the

manufacturer or the person responsible for

distributing the commercial feed,

f.

adequate directions for use for all commercial feeds

containing drugs and for other feeds as the Board may

require for their safe and effective use, and

g.

precautionary statements the Board determines are

necessary for the safe and effective use of the

commercial feed;

2. Label format shall comply with applicable state and/or

federal packaging and labeling regulations; and

Oklahoma Statutes - Title 2. Agriculture

3. A customer-formula feed shall be accompanied by a label,

invoice, delivery slip, or other shipping document, bearing the

following information:

a.

name and address of the manufacturer,

b.

name and address of the purchaser,

c.

date of delivery,

d.

the product name and brand name, if any, the net

weight of each commercial feed used in the mixture,

and the net weight of each ingredient used,

e.

adequate directions for use for all customer-formula

feeds containing drugs and for other feeds the Board

may require for their safe and effective use,

f.

the direction for use and precautionary statements as

required by the Board, and

g.

if a drug-containing product is used:

(1) the purpose of the medication (claim statement),

and

(2) the established name of each active drug

ingredient and the level of each drug used in the

final mixture expressed in accordance with rules

promulgated by the Board.

Added by Laws 1984, c. 15, § 5, eff. July 1, 1985. Amended by Laws

1995, c. 163, § 3, eff. July 1, 1995; Laws 2000, c. 367, § 94,

emerg. eff. June 6, 2000.

§2-8-41.6. Misbranding.

A commercial feed shall be misbranded if:

1. Its labeling is false or misleading in any particular;

2. It is distributed under the name of another commercial feed;

3. It is not labeled as required in Section 8-41.5 of this

title;

4. It purports to be or is represented as a commercial feed, or

if it purports to contain or is represented as containing a

commercial feed ingredient, unless the commercial feed or feed

ingredient conforms to the definition, if any, prescribed by the

State Board of Agriculture; and

5. Any word, statement, or other information required by this

subarticle to appear on the label or labeling is not prominently

placed with conspicuousness as compared with other words,

statements, designs, or devices in the labeling, and in terms likely

to be read and understood by the individual purchasing and using the

product.

Added by Laws 1984, c. 15, § 6, eff. July 1, 1985. Amended by Laws

2000, c. 367, § 95, emerg. eff. June 6, 2000.

§2-8-41.7. Adulteration.

A commercial feed shall be adulterated if:

Oklahoma Statutes - Title 2. Agriculture

1.

a.

it contains any poisonous or deleterious substance

which may render it injurious to health. If the

substance is not an added substance, the commercial

feed shall not be considered adulterated under this

subsection if the quantity of the substance in the

commercial feed does not ordinarily render it

injurious to health when utilized according to label

and/or labeling directions, or

b.

it contains any added poisonous, added deleterious, or

added nonnutritive substance which is unsafe within

the meaning of Section 406 of the Federal Food, Drug,

and Cosmetic Act other than one which is:

(1) a pesticide chemical in or on a raw agricultural

commodity; or

(2) a food additive, or

c.

it is, or contains, any food additive which is unsafe

within the meaning of Section 409 of the Federal Food,

Drug, and Cosmetic Act, or

d.

it is a raw agricultural commodity and it bears or

contains a pesticide chemical which is unsafe within

the meaning of Section 408(a) of the Federal Food,

Drug, and Cosmetic Act. Provided, that where a

pesticide chemical has been used in or on a raw

agricultural commodity pursuant to an exemption or a

tolerance under Section 408 of the Federal Food, Drug,

and Cosmetic Act and the raw agricultural commodity has

been subjected to processing similar to canning,

cooking, freezing, dehydrating, or milling, the residue

of the pesticide chemical remaining in or on the

processed feed shall not be deemed unsafe if:

(1) the residue has been removed to the extent

possible in good manufacturing practice, and

(2) the concentration of the residue in the processed

feed is not greater than the tolerance prescribed for

the raw agricultural commodity unless the feeding of

the processed feed will result or is likely to result

in a pesticide residue in the edible product of the

animal, which is unsafe within the meaning of Section

408(a) of the Federal Food, Drug, and Cosmetic Act, or

e.

it is or contains any color additive which is unsafe

within the meaning of Section 706 of the Federal Food,

Drug, and Cosmetic Act;

2. Any valuable constituent has been in whole or in part

omitted or abstracted or any less valuable substance substituted;

3. Its composition or quality falls below or differs from that

which it is purported or is represented to possess by its labeling;

Oklahoma Statutes - Title 2. Agriculture

4. It contains a drug and the methods used in or the facilities

or controls used for its manufacture, processing, or packaging do

not conform to current good manufacturing practice rules promulgated

by the State Board of Agriculture to assure that the drug meets the

requirement of this subarticle as to safety and has the identity and

strength and meets the quality and purity characteristics which it

purports or is represented to possess. In promulgating the rules,

the Board shall adopt the current good manufacturing practice

regulations for medicated feed premixes and for medicated feeds

established under authority of the Federal Food, Drug, and Cosmetic

Act, unless the Board determines that they are not appropriate to

the conditions which exist in this state; or

5. If it contains viable weed seeds in amounts exceeding the

limits the Board shall establish.

Added by Laws 1984, c. 15, § 7, eff. July 1, 1985. Amended by Laws

1995, c. 163, § 4, eff. July 1, 1995; Laws 2000, c. 367, § 96,

emerg. eff. June 6, 2000.

§2-8-41.8. Prohibited acts.

The following acts are prohibited:

1. The manufacture or distribution of any commercial feed that

is adulterated or misbranded;

2. The adulteration or misbranding of any commercial feed;

3. The distribution of agricultural commodities like whole

seed, hay, straw, stover, silage, cobs, husks, and hulls, which are

adulterated within the meaning of paragraph 1 of Section 8-41.7 of

this title;

4. The removal or disposal of a commercial feed in violation of

an order under Section 8-41.12 of this title;

5. The failure or refusal to obtain a commercial feed license

in accordance with Section 8-41.4 of this title;

6. The violation of subsection C of Section 8-41.13 of this

title; and

7. Failure to pay inspection fees and file reports as required

by Section 8-41.9 of this title.

Added by Laws 1984, c. 15, § 8, eff. July 1, 1985. Amended by Laws

1995, c. 163, § 5, eff. July 1, 1995; Laws 2000, c. 367, § 97,

emerg. eff. June 6, 2000.

§2-8-41.9. Inspection fee - Responsible parties.

A. An inspection fee at the rate of fifteen cents ($0.15) per

ton shall be paid on commercial feeds and/or feed ingredients

distributed in this state by the person whose name appears on the

label as the manufacturer, guarantor, or distributor, except that a

person other than the manufacturer, guarantor, or distributor may

assume liability for the inspection fee, subject to the following:

Oklahoma Statutes - Title 2. Agriculture

1. No fee shall be paid on a commercial feed if the payment has

been made by a previous distributor;

2. The minimum inspection fee shall be Ten Dollars ($10.00)

semi-annually;

3. No fee shall be paid on commercial feeds or feed ingredients

used in customer-formula feeds if the inspection fee has been

previously paid on those ingredients; and

4. No fee shall be paid on customer-formula feed ingredients

that have been furnished by the final purchaser on which a

processing fee has been paid.

B. Each person who is liable for the payment of the fee shall:

1. File, not later than the last day of January and July of

each year, a semi-annual statement listing the number of net tons of

commercial feeds distributed in this state during the preceding

semi-annual period; and upon filing the statement shall pay the

inspection fee at the rate stated in subsection A of this section.

Inspection fees which are due and have not been remitted to the

State Board of Agriculture within fifteen (15) days following the

date due shall have a penalty fee of ten percent (10%) (Fifty

Dollars ($50.00) minimum) added to the amount due when payment is

finally made. The assessment of this penalty fee shall not prevent

the Board from taking other actions as provided in this act; and

2. Keep records required by the Board to indicate accurately

the tonnage of commercial feed distributed in this state, and the

Board shall have the right to examine these records to verify

statements of tonnage. Failure to make an accurate statement of

tonnage, failure to pay the inspection fee, or falsifying

information or failure to comply shall constitute sufficient cause

for the cancellation of the commercial feed license.

C. Fees collected shall be deposited with the State Department

of Agriculture Revolving Fund.

D. If the Board finds any deficient inspection fees due, as a

result of an audit of the records of any person subject to the

provisions of the Oklahoma Commercial Feed Law, the Board shall

assess a penalty fee of ten percent (10%) maximum not to exceed Two

Thousand Dollars ($2,000.00) of amount due, or One Hundred Dollars

($100.00), whichever is greater. The audit penalty shall be added

to the deficient inspection fees due and payment made within thirty

(30) days.

Added by Laws 1984, c. 15, § 9, eff. July 1, 1985. Amended by Laws

1986, c. 151, § 2, eff. Nov. 1, 1986; Laws 1995, c. 163, § 6, eff.

July 1, 1995; Laws 2000, c. 367, § 98, emerg. eff. June 6, 2000.

§2-8-41.10.

6, 2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June

Oklahoma Statutes - Title 2. Agriculture

§2-8-41.11.

6, 2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June

§2-8-41.12. "Stop Sale" orders - "Condemnation and Confiscation".

A. "Stop Sale" orders: When the State Board of Agriculture has

reasonable cause to believe any lot of commercial feed is being

distributed in violation of any of the provisions of this act or

rules, it may issue and enforce a written or printed "Stop Sale"

order, warning the distributor not to dispose of the lot of

commercial feed in any manner until written permission is given by

the Board or the court. The Board shall release the lot of

commercial feed withdrawn when all requirements have been met. If

compliance is not obtained within thirty (30) days, the Board may

begin, or upon request of the distributor or licensee shall begin,

proceedings for condemnation.

B. "Condemnation and Confiscation": Any lot of commercial feed

not in compliance with the law shall be subject to seizure on

complaint of the Board to a court in the area in which the

commercial feed is located. In the event the court finds the

commercial feed to be in violation of this subarticle and orders the

condemnation of the commercial feed, it shall be disposed of in any

manner consistent with the quality of the commercial feed and the

laws of the state. In no instance shall the disposition of the

commercial feed be ordered by the court without first giving the

claimant an opportunity to apply to the court for release of the

commercial feed or for permission to process or relabel the

commercial feed to bring it into compliance with this subarticle.

Added by Laws 1984, c. 15, § 12, eff. July 1, 1985. Amended by Laws

1995, c. 163, § 8, eff. July 1, 1995; Laws 2000, c. 367, § 99,

emerg. eff. June 6, 2000.

§2-8-41.13. Minor violations - Judicial review - Penalties.

A. Nothing in this subarticle shall be construed as requiring

the State Board of Agriculture or its representative to:

1. Report for prosecution; or

2. Institute seizure proceedings; or

3. Issue a "Stop Sale" order, as a result of minor violations

of this subarticle, or when the public interest will best be served

by a suitable notice of violation or written warning.

B. Any person adversely affected by an act, order, or ruling

made pursuant to the provisions of this subarticle may within fortyfive (45) days bring action in the Oklahoma County District Court

for judicial review.

C. Any person who uses any information acquired concerning any

method, records, formulations, or processes which is entitled to

protection as a trade secret for personal advantage, or reveals that

information to other than the Board, or the courts when relevant in

Oklahoma Statutes - Title 2. Agriculture

any judicial proceeding, is guilty of a misdemeanor. This

prohibition shall not prohibit the Board from exchanging information

of a regulatory nature with duly appointed officials of the United

States government, or of other states, who are similarly prohibited

by law from revealing this information.

Added by Laws 1984, c. 15, § 13, eff. July 1, 1985. Amended by Laws

2000, c. 367, § 100, emerg. eff. June 6, 2000.

§2-8-41.14.

6, 2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June

§2-8-41.15. Publication of commercial feed information.

The State Board of Agriculture may publish information

concerning the sales of commercial feeds, together with the data on

their production and use as it may consider advisable, and a report

of the results of the analyses of official samples of commercial

feeds sold within the state as compared with the analyses guaranteed

on the label. The information concerning production and use of

commercial feed shall not disclose the operations of any person.

Added by Laws 1984, c. 15, § 15, eff. July 1, 1985. Amended by Laws

1995, c. 163, § 9, eff. July 1, 1995; Laws 2000, c. 367, § 101,

emerg. eff. June 6, 2000.

§2-8-41.16. Environmental jurisdiction.

A. The Department of Environmental Quality shall have

environmental jurisdiction over:

1. Commercial manufacturers of fertilizers, grain and feed

products, and chemicals, and over manufacturing of food and kindred

products, tobacco, paper, lumber, wood, textile mill and other

agricultural products;

2. Slaughterhouses, but not including feedlots at these

facilities; and

3. Aquaculture and fish hatcheries,

including, but not limited to, discharges of pollutants and storm

water to waters of the state, surface impoundments and land

application of wastes and sludge, and other pollution originating at

these facilities.

B. Facilities which store grain, feed, seed, fertilizer, and

agricultural chemicals that are required by federal National

Pollutant Discharge Elimination System (NPDES) regulations to obtain

a permit for storm water discharges shall only be subject to the

jurisdiction of the Department of Environmental Quality with respect

to such storm water discharges.

Added by Laws 1993, c. 145, § 249, eff. July 1, 1993. Amended by

Laws 1993, c. 324, § 45, eff. July 1, 1993; Laws 1994, c. 140, § 27,

eff. Sept. 1, 1994; Laws 1999, c. 413, § 12, eff. Nov. 1, 1999; Laws

Oklahoma Statutes - Title 2. Agriculture

2000, c. 367, § 102, emerg. eff. June 6, 2000; Laws 2006, c. 201, §

3, eff. Nov. 1, 2006.

§2-8-61.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-61.a. Manipulated manures - Exemption from registration and

inspection requirements - Violations - Penalties.

A. Any person operating a business that is engaged in the

distribution, use, or sale of manipulated manures shall not be

subject to the provisions of Sections 8-62 and 8-64 of Title 2 of

the Oklahoma Statutes for the sale, use or distribution of such

manipulated manures if:

1. the manipulated manures offered for sale, sold, or

distributed in this state in bulk do not reflect by label or

otherwise any warrantees or guarantees of the contents of such

manures other than the animal sources of the manures; and

2. the person engaged in the selling, use, or sale of

manipulated manures does not in any manner make or offer any

warrantees or guarantees of the manipulated manures other than the

animal sources of the manures. The provisions of this paragraph

shall not prohibit a person engaged in the selling, use, or sale of

manipulated manures from providing the consumer information

regarding analysis of manipulated manures.

B. Any person violating the provisions of this section, in

addition to any other penalties authorized by the fertilizer laws of

this state, shall be subject to a revocation of the exemption

offered by the provisions of this section.

Added by Laws 1991, c. 99, § 2, emerg. eff. April 25, 1991.

§2-8-61a.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-62.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-63.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-64.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-65.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-66.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

Oklahoma Statutes - Title 2. Agriculture

§2-8-67.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-68a.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-69.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-70.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-71.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-72.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-73.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-74.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-77.1. Short title - Purpose.

A. Sections 8-77.1 through 8-77.18 of this subarticle shall be

known and may be cited as the "Oklahoma Fertilizer Act".

B. The purpose of the Oklahoma Fertilizer Act is to provide

assurances to the consumer that fertilizer products are properly

identified, and that the quality represented by the manufacturer is

accurate as well as for regulation of the storage, use, and

application of fertilizer to protect the consumer and the

environment.

C. The Legislature hereby occupies and preempts the entire

field of legislation in this state touching in any way the

regulation and enforcement of the registration, labeling, sale,

storage, transportation, distribution, notification of use, and

agricultural use of fertilizer to the complete exclusion of any

order, ordinance or regulation by any municipality or other

political subdivision of this state.

D. No political subdivision shall regulate the registration,

packaging, labeling, sale, storage, distribution, agricultural use

or application of fertilizer. No political subdivision shall adopt

or continue in effect local orders, ordinances, or regulations in

this field, except for those relating to nonagricultural use or

application or taxation relating to registration, packaging,

Oklahoma Statutes - Title 2. Agriculture

labeling, sale, storage, distribution, use or application of

fertilizers. Local legislation in violation of this section is void

and unenforceable.

Added by Laws 2000, c. 367, § 103, emerg. eff. June 6, 2000.

Amended by Laws 2002, c. 383, § 3, eff. July 1, 2002; Laws 2005, c.

177, § 1, eff. July 1, 2005.

§2-8-77.2. Official agency.

The Oklahoma Fertilizer Act shall be administered by the State

Board of Agriculture.

Added by Laws 2000, c. 367, § 104, emerg. eff. June 6, 2000.

§2-8-77.3. Definitions.

As used in the Oklahoma Fertilizer Act:

1. "Brand" means a term, design, or trademark used in

connection with one or several grades of fertilizer;

2. "Broker" means a person who negotiates sales and purchases

between a manufacturer, distributor, final consumer, or retailer of

fertilizer;

3. "Bulk fertilizer" means fertilizer distributed in a

nonpackaged form;

4. "Commercial fertilizer" means fertilizer sold in bulk

quantities or packages greater than thirty (30) pounds;

5. "Custom blend" means fertilizer formulated according to

specifications furnished by the final consumer;

6. "Custom blender" means a person who mixes or commingles

fertilizer into a custom blend and who distributes the special

blend. A custom blender shall not be required to register each

grade of fertilizer in the following circumstances:

a.

the custom blend is formulated according to

specifications furnished by the ultimate consumer

prior to mixing, and

b.

the custom blend is prepared by a lawn care or tree

service company that mixes or commingles fertilizer

and who applies the special blend for the ultimate

consumer;

7. "Deficiency" means the amount of nutrient found by analysis

less than that guaranteed, which may result from a lack of nutrient

ingredients or from lack of uniformity;

8. "Distribute" means to import, consign, manufacture, blend,

offer for sale, sell, barter, commercially apply, or supply

fertilizer in this state including, but not limited to, the delivery

of bagged, labeled and registered fertilizer to a nonregistrant that

sells the fertilizer in this state;

9. "Distributor" means any person who distributes fertilizer;

10. "Fertilizer" means any substance containing one or more

recognized plant nutrients which are used for its plant nutrient

Oklahoma Statutes - Title 2. Agriculture

content and is designed for use or claimed to have value in

promoting plant growth, except unmanipulated animal and vegetable

manures, marl, lime, limestone, and wood ashes;

11. "Fertilizer dealer" means any person operating a business

that is engaged in the distribution or sale of fertilizer. The term

"fertilizer dealer" shall not include an ultimate consumer who is

engaged in the physical act of application of fertilizer or a retail

store selling only bagged registered commercial fertilizer other

than bagged ammonium nitrate;

12. "Grade" means the percentage of total nitrogen, available

phosphate, and soluble potash stated in whole numbers. Specialty

fertilizer may be guaranteed in fractional units of less than one

percent (1%) of total nitrogen, available phosphate, and soluble

potash. Fertilizer materials, bone meal, manures, and similar

materials may be guaranteed in fractional units;

13. "Guaranteed analysis" means the minimum percentage of plant

nutrients claimed in the following order and form:

Total Nitrogen (N)

________%

Available Phosphate (P2O5)

________%

Soluble Potash (K2O)

________%.

When any plant nutrients, substances, or compounds are guaranteed,

they shall be subject to inspection and analysis;

14. "Guarantor" means the person responsible to the State Board

of Agriculture for any claims or guarantees associated with the

manufacture, distribution, and use of a fertilizer;

15. "Investigational allowance" means an allowance for

variations inherent in the taking, preparation, and analysis of an

official sample of fertilizer;

16. "Label" means the display of all written, printed, or

graphic matter, upon the immediate container, or a statement

accompanying fertilizer;

17. "Labeling" means all written, printed, or graphic matter,

upon or accompanying any fertilizer, or advertisements, brochures,

posters, or television and radio announcements used in promoting the

sale of fertilizer;

18. "Licensee" means the person receiving a license to

distribute fertilizer under the provisions of the Oklahoma

Fertilizer Act;

19. "Manipulated manures" means substances composed primarily

of animal excreta, plant remains, or mixtures of these substances

which have been processed by natural or mechanical drying or

composting and no other chemicals have been added;

20. "Mixed fertilizer" means a fertilizer containing any

combination or mixture of fertilizer materials;

21. "Official sample" means any sample of fertilizer taken by

an authorized agent of the Board;

Oklahoma Statutes - Title 2. Agriculture

22. "Percent" or "percentage" means the portion of each hundred

units of weight;

23. "Primary nutrient" means total nitrogen, available

phosphate, and soluble potash;

24. "Registrant" means the person registering fertilizer under

the provisions of the Oklahoma Fertilizer Act;

25. "Specialty fertilizer" means fertilizer sold in packages of

less than thirty (30) pounds;

26. "Ton" means a net weight of two thousand (2,000) pounds

avoirdupois;

27. "Ultimate consumer" means a person who receives fertilizer

for personal use. The term "ultimate consumer" shall not include a

person distributing fertilizer for profit to the general public; and

28. "Unmanipulated manures" means substances composed primarily

of excreta, plant remains, or mixtures of these substances which

have not been processed in any manner.

Added by Laws 2000, c. 367, § 105, emerg. eff. June 6, 2000.

Amended by Laws 2002, c. 383, § 4, eff. July 1, 2002; Laws 2003, c.

165, § 1, emerg. eff. May 5, 2003; Laws 2003, c. 242, § 7, emerg.

eff. May 23, 2003; Laws 2005, c. 177, § 2, eff. July 1, 2005.

§2-8-77.4. Manipulated manures – Exemptions.

Any person operating a business engaged in the distribution or

sale of manipulated manures shall not be subject to provisions of

Sections 8-77.5 through 8-77.7 of this title if manipulated manures

offered for sale, sold, or distributed do not reflect by label any

warrantees or guarantees of the contents of the manures other than

the animal sources of the manures.

Added by Laws 2000, c. 367, § 106, emerg. eff. June 6, 2000.

§2-8-77.5. Registration - Licensing - Fees - Penalties.

A. The annual license fee for persons operating a business

engaged in the distribution or sale of fertilizer shall be Fifty

Dollars ($50.00) and expire on a date to be determined by the State

Board of Agriculture.

B. All fertilizer dealers shall obtain a license from the Board

for each business location.

C. An application for license shall include:

1. The name and address of licensee; and

2. The name and address of each business location in the state.

The licensee shall inform the Board in writing of additional

business locations established during the period of the license.

D. No person, whose name appears on the label, shall distribute

in this state fertilizer until it is registered with the Board by

such person. An application for each brand and product name of each

grade of fertilizer shall be made on a form furnished by the Board.

Upon the approval of an application by the Board, a copy of the

Oklahoma Statutes - Title 2. Agriculture

registration shall be furnished to the applicant. A distributor

shall not be required to register any fertilizer which is already

registered under the Oklahoma Fertilizer Act by another person,

provided the label does not differ in any respect.

E. Registrations for commercial fertilizer products sold in

bulk quantities or packages of greater than thirty (30) pounds shall

be permanent unless cancelled by the registrant or the Board.

F. 1. Registrations for specialty fertilizer products sold in

packages of less than thirty (30) pounds shall pay a one-hundreddollar registration fee for each product.

2. Specialty fertilizer product registrations shall expire on

June 30 of each year.

3. If the Board finds any specialty fertilizer products that

have not been registered, a penalty of One Hundred Dollars ($100.00)

per product will be assessed. The penalty shall be added to the

registration fee and payment shall be made within thirty (30) days

after receipt of notice.

G. A custom blender shall not be required to register each

grade of fertilizer formulated according to specifications which are

furnished by the final consumer prior to mixing, but shall be

required to be licensed and shall be the guarantor of that custom

blend.

H. An application for registration shall include the following:

1. The brand and grade;

2. The guaranteed analysis;

3. Name and address of the registrant;

4. Net weight for packaged fertilizer; and

5. Oklahoma fertilizer license number.

Added by Laws 2000, c. 367, § 107, emerg. eff. June 6, 2000.

Amended by Laws 2002, c. 383, § 5, July 1, 2002; Laws 2005, c. 177,

§ 3, eff. July 1, 2005.

§2-8-77.6. Labels.

A. Containers of fertilizer distributed in this state shall

have placed on or affixed to the container a label setting forth in

clearly legible and conspicuous form the following information:

1. Net weight;

2. Brand and grade;

3. Guaranteed analysis; and

4. Name and address of the registrant/licensee.

B. In case of bulk shipments, this information in written or

printed form shall accompany delivery.

C. A fertilizer formulated according to specifications which

are furnished by and for the final consumer prior to mixing shall be

labeled to show the net weight, the guaranteed analysis, and the

name and address of the distributor, registrant, or licensee.

Added by Laws 2000, c. 367, § 108, emerg. eff. June 6, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-8-77.7. Inspection fee - Tonnage report.

A. Each registrant distributing fertilizer in this state shall

file with the State Board of Agriculture, not later than the last

day of January and July of each year, a semiannual inspection fee

report setting forth the number of tons sold or distributed during

the period and pay an inspection fee of One Dollar ($1.00) per ton

of which fifty cents ($0.50) per ton shall be forwarded directly to

a special Soil Fertility Research Account in the Department of Plant

and Soil Sciences of the Division of Agricultural Sciences and

Natural Resources at Oklahoma State University for the purpose of

conducting soil fertility research and extension involving efficient

fertilizer use for agronomic crops and forages and groundwater and

surface water protection from plant food nutrients. Oklahoma State

University shall present an annual report to the Agriculture

Committees of the Legislature on the use of the special Soil

Fertility Research Account Fund.

B. Each registrant distributing commercial fertilizer in this

state shall file with the State Board of Agriculture not later than

the last day of January and July of each year, a semiannual tonnage

report stating:

1. The number of net tons of fertilizer distributed during the

preceding six (6) calendar months;

2. The amount in tons of each grade of fertilizer distributed

during the preceding six (6) calendar months; and

3. Whether the fertilizer was distributed in bag, bulk, or

liquid.

C. If no fertilizer was sold or distributed in this state for

the semiannual period, the registrant shall submit a statement

reflecting that information and shall remit a minimum fee of Ten

Dollars ($10.00). If the inspection fee and tonnage report are not

filed and the payment of the inspection fee is not made within

thirty (30) days after the end of the specified filing period, a

collection fee of ten percent (10%) of the inspection fee due or a

minimum of Ten Dollars ($10.00) shall be assessed and added to the

amount due.

D. Sales or exchanges between importers, manufacturers,

distributors, registrants, or licensees are exempt.

E. When more than one person is involved in the distribution of

a fertilizer, the last person who has the fertilizer registered and

who distributed the fertilizer to a nonregistrant dealer or consumer

is responsible for reporting the tonnage and paying the inspection

fee, unless the report and payment is made by a prior distributor or

manufacturer of the fertilizer.

F. If the Board finds any deficient inspection fees due as a

result of an audit of the records of any person subject to the

provisions of the Oklahoma Fertilizer Act, the Board shall assess a

Oklahoma Statutes - Title 2. Agriculture

penalty fee of ten percent (10%) of the amount due, with a maximum

not to exceed Two Thousand Dollars ($2,000.00) or a minimum of One

Hundred Dollars ($100.00) whichever is greater. The audit penalty

shall be added to the deficient inspection fees due and payment

shall be made within thirty (30) days of notice of the deficiency.

G. No information furnished to the Board under this section

shall be disclosed in a way which divulges proprietary information

about the operation of any person.

H. Each registrant, distributor, or manufacturer shall keep

accurate records of the tonnage of fertilizer distributed in this

state.

Added by Laws 2000, c. 367, § 109, emerg. eff. June 6, 2000.

Amended by Laws 2002, c. 383, § 6, eff, July 1, 2002; Laws 2009, c.

314, § 1, eff. Nov. 1, 2009; Laws 2016, c. 228, § 2, eff. Nov. 1,

2016.

§2-8-77.8.

Repealed by Laws 2002, c. 383, § 9, eff. July 1, 2002.

§2-8-77.9. Sampling - Analysis.

A. The methods of sampling and analysis shall be those adopted

by the Association of Official Analytical Chemists. In cases not

covered by these methods, or in cases where methods are available in

which improved applicability has been demonstrated, the State Board

of Agriculture may adopt appropriate methods from other sources.

B. The Board, in determining for administrative purposes,

whether any fertilizer is deficient in plant food, shall be guided

solely by the official sample as defined in Section 8-77.3 of Title

2 of the Oklahoma Statutes and obtained and analyzed as provided for

in subsection A of this section.

C. Official samples establishing a penalty for nutrient

deficiency shall be retained for a minimum of ninety (90) days from

issuance of a deficiency report.

Added by Laws 2000, c. 367, § 111, emerg. eff. June 6, 2000.

§2-8-77.10. Plant nutrient deficiency - Payments.

A. A payment of two (2) times the value of the deficiency or

deficiencies shall be assessed:

1. If the analysis shows that a fertilizer is deficient in one

of its guaranteed primary plant nutrients beyond the investigational

allowances and compensations as established by rules; or

2. If the overall commercial value of the fertilizer is below

the level established by rule, a penalty payment of two (2) times

the value of the deficiency or deficiencies shall be assessed.

B. When a fertilizer is subject to a penalty payment under

subsection A of this section, the larger penalty payment shall

apply.

Oklahoma Statutes - Title 2. Agriculture

C. All penalty payments assessed under this subsection A of

this section shall be paid by the registrant or licensee to the

consumer of the lot of fertilizer represented by the sample analyzed

within thirty (30) days after the date of notice. Copies of

consumer refund receipts shall be forwarded to the State Board of

Agriculture. If a consumer cannot be found, the penalty shall be

paid and deposited in the State Department of Agriculture Revolving

Fund.

D. A deficiency in an official sample of mixed fertilizer

resulting from non-uniformity is not distinguishable from a

deficiency due to actual plant nutrient shortage and is properly

subject to official action.

Added by Laws 2000, c. 367, § 112, emerg. eff. June 6, 2000.

§2-8-77.11. Commercial value.

For the purpose of determining the commercial value to be

applied under the provisions of Section 8-77.10 of Title 2 of the

Oklahoma Statutes, the State Board of Agriculture or its agent shall

determine the values per unit of nitrogen, available phosphate, and

soluble potash in fertilizers in this state. The value determined

shall be used in assessing penalty payments.

Added by Laws 2000, c. 367, § 113, emerg. eff. June 6, 2000.

§2-8-77.12. Misbranding.

No person shall distribute misbranded fertilizer. A fertilizer

shall be misbranded if:

1. Its labeling is false or misleading;

2. It is distributed under the name of another fertilizer

product; or

3. It is not labeled as required in Section 8-77.5 of Title 2

of the Oklahoma Statutes and rules promulgated by the State Board of

Agriculture.

Added by Laws 2000, c. 367, § 114, emerg. eff. June 6, 2000.

§2-8-77.13. Adulteration.

No person shall distribute an adulterated fertilizer product. A

fertilizer shall be adulterated if:

1. It contains any deleterious or harmful substance in

sufficient amount to render it injurious to beneficial plant life,

animals, humans, aquatic life, soil, or water when applied in

accordance with directions for use on the label;

2. If adequate warning statements or directions for use which

may be necessary to protect plant life, animals, humans, aquatic

life, soil, or water are not shown upon the label;

3. Its composition falls below or differs from that which it is

purported to possess by its labeling; or

4. It contains unwanted crop seed or weed seed.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 2000, c. 367, § 115, emerg. eff. June 6, 2000.

§2-8-77.14. Publication of information.

The State Board of Agriculture shall have authority to publish

information concerning the distribution of fertilizer and results of

analyses based on official samples of fertilizer distributed within

the state.

Added by Laws 2000, c. 367, § 116, emerg. eff. June 6, 2000.

§2-8-77.15. Storage, use and application - Environmental

jurisdiction.

A. No person owning or operating a fertilizer storage facility

or a commercial fertilizer facility shall discharge or release or

place or cause to be placed any fertilizer material in a location

where it is likely to cause contamination of any surface water or

groundwater of this state. The provisions of this subsection shall

not prohibit or restrict the land application of fertilizer for

agriculture purposes or plant growth.

B. Preventive measures designed to minimize the possibility of

fertilizer substances being introduced into waters of the state

shall be subject to State Board of Agriculture jurisdiction

including regulatory response.

C. 1. The Department of Environmental Quality shall have

environmental jurisdiction over:

a.

commercial manufacturers of fertilizers, grain and

feed products, and chemicals, and over manufacturing

of food and kindred products, tobacco, paper, lumber,

wood, textile mill and other agricultural products,

b.

slaughterhouses, but not including feedlots at these

facilities, and

c.

aquaculture and fish hatcheries,

including, but not limited to, discharges of pollutants and storm

water to waters of the state, surface impoundments and land

application of wastes and sludge, and other pollution originating at

these facilities.

2. Facilities which store grain, feed, seed, fertilizer, and

agricultural chemicals that are required by federal National

Pollutant Discharge Elimination System (NPDES) regulations to obtain

a permit for storm water discharges shall only be subject to the

jurisdiction of the Department of Environmental Quality with respect

to such storm water discharges.

D. Bulk fertilizers shall be stored in a manner that minimizes

the release of fertilizers and protects the environment. Fertilizer

use and application may be established in rules to protect the

environment.

Added by Laws 2000, c. 367, § 117, emerg. eff. June 6, 2000.

Amended by Laws 2006, c. 201, § 4, eff. Nov. 1, 2006.

Oklahoma Statutes - Title 2. Agriculture

§2-8-77.16. Seizure – Condemnation - Disposal.

Any lot of fertilizer not in compliance with the provisions of

the Oklahoma Fertilizer Act shall be subject to seizure on petition

of the State Board of Agriculture to a court in the area the

fertilizer is located. In the event the court finds the fertilizer

to be in violation of the Oklahoma Fertilizer Act and orders the

condemnation of the fertilizer, it shall be disposed of in a manner

consistent with the quality of the fertilizer and the laws of the

state.

Added by Laws 2000, c. 367, § 118, emerg. eff. June 6, 2000.

§2-8-77.17. Minor violations.

Nothing in the Oklahoma Fertilizer Act shall be construed as

requiring the State Board of Agriculture to initiate prosecution or

apply for an administrative seizure warrant for minor violations of

the law when the Board believes that the public interests will be

best served by a written notice of violation or warning.

Added by Laws 2000, c. 367, § 119, emerg. eff. June 6, 2000.

§2-8-77.18. Exchanges.

Nothing in the Oklahoma Fertilizer Act shall be construed to

restrict or avoid sales or exchanges of fertilizer to each other by

importers, manufacturers, or manipulators who mix fertilizer

materials for sale, or as preventing the free and unrestricted

shipments of fertilizer to manufacturers or manipulators who have

registered and licensed their brands as required by law.

Added by Laws 2000, c. 367, § 120, emerg. eff. June 6, 2000.

§2-8-80.1. Short title.

This subarticle shall be known and may be cited as the "Oklahoma

Agricultural Liming Materials Act".

Added by Laws 1973, c. 61, § 1, operative July 1, 1973. Amended by

Laws 2001, c. 146, § 50, emerg. eff. April 30, 2001. Renumbered

from § 1451 of this title by Laws 2001, c. 146, § 252, emerg. eff.

April 30, 2001.

§2-8-80.2. Definitions.

When used in the Oklahoma Agricultural Liming Materials Act:

1. "Agricultural liming material" means a product whose calcium

and magnesium compounds are capable of neutralizing soil acidity;

2. "Brand" means the term, designation, trademark, product

name, or other specific designation under which an individual

agricultural liming material is offered for sale;

3. "Bulk" means liquid or solid liming material in a

nonpackaged form;

Oklahoma Statutes - Title 2. Agriculture

4. "Burnt lime" means a calcined material comprised chiefly of

calcium oxide in natural association with lesser amounts of

magnesium and is capable of slaking with water;

5. "Calcium Carbonate Equivalent" (CCE) means the acid

neutralizing capacity of an agricultural liming material expressed

as weight percentage of calcium carbonate;

6. "Effective Calcium Carbonate Equivalent" (ECCE) is the

percent of calcium carbonate equivalent (CCE) multiplied by the

"fineness factor";

7. "Fineness" means the percentage by weight of the material

passing U.S. standard sieves of specified sizes. The State Board of

Agriculture shall promulgate rules relating to fineness and shall be

guided by the American Society for Testing Materials specification

for sieve sizes;

8. "Fineness factor" is the degree of fineness of the liming

material used and shall be determined as prescribed by rules;

9. "Guarantor" means a person responsible to the Board for any

claims or guarantees associated with the manufacture, distribution,

and use of agricultural liming materials;

10. "Hydrated lime" means a dry material made from burnt lime;

11. "Industrial coproducts" means any industrial waste or byproduct containing calcium or calcium and magnesium in forms that

will neutralize soil acidity and it may be designated by prefixing

the name of the industry or process used for its production;

12. "Label" means any written or printed matter on or attached

to the package or on the delivery ticket or invoice which

accompanies bulk shipments;

13. "Limestone" means a material consisting essentially of

calcium carbonate or a combination of calcium carbonate with

magnesium carbonate capable of neutralizing soil acidity;

14. "Marl" means a granular or loosely consolidated earthy

material composed largely of sea shell fragments and calcium

carbonate;

15. "Percent" or "percentage" means by weight; and

16. "Registrant" means the person registering agricultural

liming materials pursuant to the provisions of the Oklahoma

Agricultural Liming Materials Act.

Added by Laws 1973, c. 61, § 2, operative July 1, 1973. Amended by

Laws 1991, c. 89, § 1, eff. Sept. 1, 1991; Laws 2001, c. 146, § 51,

emerg. eff. April 30, 2001. Renumbered from § 1452 of this title by

Laws 2001, c. 146, § 252, emerg. eff. April 30, 2001.

§2-8-80.3. Distribution, labeling and sale of liming materials Regulations.

A. Agricultural liming materials sold, offered, or exposed for

sale in the state shall have affixed in a conspicuous manner on the

outside of each package a plainly printed, stamped or marked label,

Oklahoma Statutes - Title 2. Agriculture

tag, or statement, or in the case of bulk sales, a delivery slip or

invoice, setting forth the following information:

1. The name and principal office address of the manufacturer or

distributor;

2. The brand or trade name of the material;

3. The identification of the product as to the type of the

agricultural liming material;

4. The net weight of the agricultural liming material; and

5. The minimum percentage of Effective Calcium Carbonate

Equivalent (ECCE) guaranteed.

B. No information or statement shall appear on any package,

label, delivery slip, or advertising that is false or misleading to

the purchaser as to the quality, analysis, type, or composition of

the agricultural liming material.

C. In the case of any adulterated material subsequent to

packaging, labeling, or loading and before delivery to the consumer,

a plainly marked notice shall be affixed by the vendor to the

package or delivery slip to identify the kind and degree of

adulteration.

D. At every site from which agricultural liming materials are

delivered in bulk and at every place where consumer orders for bulk

deliveries are placed, there shall be conspicuously posted a copy of

the statement required by this section for each brand of material.

E. Each separately identified product or each effective calcium

carbonate equivalent shall be registered before being distributed in

this state. The application for registration shall be submitted to

the Board on forms furnished. Upon approval, a copy of the

registration shall be furnished to the applicant. The registration

shall contain the labeling information required in subsection A of

this section. Registrations shall be permanent unless canceled by

the registrant or by the Board.

F. A distributor shall not be required to register any brand of

agricultural liming material that is already registered pursuant to

the Oklahoma Agricultural Liming Materials Act by another person,

providing the label does not differ in any respect.

Added by Laws 1973, c. 61, § 3, operative July 1, 1973. Amended by

Laws 1991, c. 89, § 2, eff. Sept. 1, 1991; Laws 2001, c. 146, § 52,

emerg. eff. April 30, 2001. Renumbered from § 1453 of this title by

Laws 2001, c. 146, § 252, emerg. eff. April 30, 2001.

§2-8-80.4. Information required by § 8-80.3 of this title to be

affixed to containers.

A. Any agricultural liming material offered for sale, sold, or

distributed in this state in bags, barrels, or other containers

shall have placed on or affixed to the container in written or

printed form the information required by subsection A of Section 880.3 of this title, either:

Oklahoma Statutes - Title 2. Agriculture

1. On tags affixed to the end of the package between the ears

or on the sewn end or both between the ears and on the sewn end; or

2. Directly on the package in a manner as determined by the

Board.

B. If distributed in bulk, a written or printed statement of

the weight, as well as the information required by paragraphs 1, 2,

3 and 5 of subsection A of Section 8-80.3 of this title, shall

accompany delivery and be supplied to the purchaser.

Added by Laws 1991, c. 89, § 3, eff. Sept. 1, 1991. Amended by Laws

2001, c. 146, § 53, emerg. eff. April 30, 2001. Renumbered from §

1453.1 of this title by Laws 2001, c. 146, § 252, emerg. eff. April

30, 2001.

§2-8-80.5. Compliance with act - Toxic materials prohibited Administrative penalty.

A. No agricultural liming material shall be sold or offered for

sale in this state unless it complies with provisions of the

Oklahoma Agricultural Liming Materials Act or rules promulgated

thereto.

B. No agricultural liming material shall be sold or offered for

sale in this state that contains toxic materials in quantities

injurious to plants or animals.

C. If an analysis shows that a commercial agricultural liming

material falls below the guaranteed analysis, the State Board of

Agriculture may require the payment of an administrative penalty to

the consumer in the amount of the current value of the deficiency.

All administrative penalties assessed pursuant to this section shall

be paid to the consumer represented by the sample analyzed within

thirty (30) days after the date of notice from the Board to the

guarantor, with receipts taken and promptly forwarded to the Board.

If the consumers cannot be found, the amount of the penalty shall be

forwarded to the Board and be deposited in the State Department of

Agriculture Revolving Fund.

Added by Laws 1973, c. 61, § 4, operative July 1, 1973. Amended by

Laws 1991, c. 89, § 4, eff. Sept. 1, 1991; Laws 2001, c. 146, § 54,

emerg. eff. April 30, 2001. Renumbered from § 1454 of this title by

Laws 2001, c. 146, § 252, emerg. eff. April 30, 2001.

§2-8-80.6. Vendor's license for spreading - Application - Fee.

A. It shall be unlawful for any person to engage in the

spreading of liming materials on properties belonging to others

unless the person has a current vendor's license issued by the State

Board of Agriculture.

B. Application for a license shall be in the form prescribed by

the Board and shall state the name and address of the applicant and

the number of spreader trucks or similar vehicles to be used by the

applicant. The application shall be accompanied by an annual

Oklahoma Statutes - Title 2. Agriculture

license fee of Twenty-five Dollars ($25.00). Each license shall

expire December 31 of each year.

Added by Laws 1973, c. 61, § 5, operative July 1, 1973. Amended by

Laws 1991, c. 89, § 5, eff. Sept. 1, 1991; Laws 2001, c. 146, § 55,

emerg. eff. April 30, 2001. Renumbered from § 1455 of this title by

Laws 2001, c. 146, § 252, emerg. eff. April 30, 2001.

§2-8-80.7. Inspection fees - Reports.

A. For the purpose of helping to defray the expenses of

inspection, administering, and carrying out the provisions of the

Oklahoma Agricultural Liming Materials Act, an inspection fee of ten

cents ($0.10) per ton shall be paid to the State Board of

Agriculture on all agricultural liming material sold or distributed

for use within this state.

B. All agricultural liming material fees collected shall be

deposited in the State Department of Agriculture Revolving Fund.

C. Manufacturers, importers, and other guarantors distributing

agricultural liming materials in the state shall file with the Board

not later than the last day of January and July of each year, a

semiannual report on forms furnished by the Board setting forth the

number of net tons of agricultural liming material distributed in

this state during the preceding six (6) calendar months. This

report shall be accompanied by payment of the inspection fee. If no

lime was sold or distributed in this state for the semiannual

period, manufacturers shall submit a statement reflecting that

information and shall remit a minimum fee of Five Dollars ($5.00).

The Board shall have authority to audit records of each person to

determine the accuracy of these reports.

D. Any agricultural liming material on which the inspection fee

has not been paid shall be subject to a stop-sale, removal order, or

seizure.

E. The Board may publish and distribute semiannually or

annually to each person, distributor, registrant, licensee, and

other interested persons a report showing the tons of agricultural

liming material sold in Oklahoma. This report shall in no way

divulge the operation of any registrant, distributor, or licensee.

Added by Laws 1973, c. 61, § 6, operative July 1, 1973. Amended by

Laws 1991, c. 89, § 6, eff. Sept. 1, 1991; Laws 2001, c. 146, § 56,

emerg. eff. April 30, 2001. Renumbered from § 1456 of this title by

Laws 2001, c. 146, § 252, emerg. eff. April 30, 2001. Amended by

Laws 2002, c. 383, § 7, eff. July 1, 2002.

§2-8-80.8. Analysis and sampling.

A. The State Board of Agriculture is authorized to sample,

inspect, make analyses of and test agricultural liming materials

distributed within this state as necessary to determine whether the

agricultural liming materials are in compliance with the provisions

Oklahoma Statutes - Title 2. Agriculture

of the Oklahoma Agricultural Liming Materials Act. The Board

through its authorized agent is authorized to enter upon any public

or private premises or carriers during regular business hours in

order to have access to agricultural liming material subject to the

provisions of the Oklahoma Agricultural Liming Materials Act and

rules pertaining thereto, and to the records relating to their

distribution.

B. The methods of analysis and sampling shall be those approved

by the Board as established by the Association of Official

Analytical Chemists.

C. The Board may annually publish the results of official

analysis of agricultural liming materials.

Added by Laws 1973, c. 61, § 7, operative July 1, 1973. Amended by

Laws 1991, c. 89, § 7, eff. Sept. 1, 1991; Laws 2001, c. 146, § 57,

emerg. eff. April 30, 2001. Renumbered from § 1457 of this title by

Laws 2001, c. 146, § 252, emerg. eff. April 30, 2001.

§2-8-80.9. Stop-sale orders.

A. The State Board of Agriculture may issue and enforce a

written or printed "stop-sale order" to the owner or custodian of

any agricultural liming materials, to hold the materials at a

designated place when it finds agricultural liming materials are

being offered or exposed for sale in violation of any of the

provisions of the Oklahoma Agricultural Liming Materials Act or

rules until:

1. The owner or custodian is in compliance with the Oklahoma

Agricultural Liming Materials Act; and

2. The agricultural liming materials are released in writing by

the Board or its authorized agent; or

3. The violation has been legally disposed of by written

authority.

B. The Board or its authorized agent shall release the

agricultural liming materials when the requirements of the

provisions of the Oklahoma Agricultural Liming Materials Act have

been complied with and all costs and expenses incurred in connection

with the stop-sale order have been paid.

Added by Laws 1973, c. 61, § 8, operative July 1, 1973. Amended by

Laws 1991, c. 89, § 8, eff. Sept. 1, 1991; Laws 2001, c. 146, § 58,

emerg. eff. April 30, 2001. Renumbered from § 1458 of this title by

Laws 2001, c. 146, § 252, emerg. eff. April 30, 2001.

§2-8-85.1. Short title.

This subarticle shall be known and may be cited as the Soil

Amendment Act.

Added by Laws 1975, c. 181, § 1, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 80, emerg. eff. April 30, 2001. Renumbered

Oklahoma Statutes - Title 2. Agriculture

from § 1701 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001.

§2-8-85.2. Power vested in Board.

The Soil Amendment Act shall be administered by the State Board

of Agriculture.

Added by Laws 1975, c. 181, § 2, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 81, emerg. eff. April 30, 2001. Renumbered

from § 1702 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001.

§2-8-85.3. Definitions.

As used in the Soil Amendment Act:

1. “Active ingredient” or “soil amending ingredient” means:

a.

the ingredient or ingredients that affect the

physical, chemical, or other characteristics of the

soil and improve soil condition, or

b.

any natural or synthetic substance when applied to

plants or seeds that is intended to improve crop

production, germination, growth, yield, product

quality, reproduction, flavor or other desirable

characteristics of plants;

2. “Adulterated” means and shall apply to any soil amendment

if:

a.

it contains any deleterious or harmful agent in

sufficient amount to render it injurious to beneficial

plants, animals, or aquatic life when applied in

accordance with the directions for use shown on the

label; or if adequate warning statements and

directions for use, necessary to protect plants,

animals, or aquatic life are not shown on the label,

b.

its composition falls below purported labeling

requirements, or

c.

it contains noxious weed seed;

3. “Bulk” means in nonpackaged form;

4. “Distribute” means to import, consign, manufacture, blend,

offer for sale, sell, barter, or to supply soil amendments to any

person in this state;

5. “Distributor” means any person who imports, consigns,

manufactures, blends, sells, offers for sale, barters or supplies

soil amendments in this state;

6. “Inert ingredient” or “other ingredient” means the

ingredients with no beneficial effect that are present in the

product;

7. “Label” means the display of written, printed, or graphic

matter upon the immediate container of a soil amendment;

Oklahoma Statutes - Title 2. Agriculture

8. “Labeling” means all written, printed, or graphic matter

upon or accompanying any soil amendment, and all advertisements,

brochures, posters, television, or radio announcements used in

promoting the sale of a soil amendment;

9. “Manufacturer” means any person who produces, compounds,

mixes, or blends soil amendments;

10. “Misbranded” means and shall apply if:

a.

any soil amendment bears a label that is false or

misleading in any particular,

b.

any soil amendment is distributed under the name of

another soil amendment,

c.

any material is represented as a soil amendment or is

represented as containing a soil amendment, unless the

soil amendment conforms to the definition of identity,

if any, prescribed by rules,

d.

the active ingredient in any soil amendment is not

shown in the approved ingredient form, or

e.

the labeling on any soil amendment is false or

misleading in any particular;

11. “Name” means the specific designation under which the

individual product is offered for sale;

12. “Percent” or “percentage” means the portion of each one

hundred (100) units of weight;

13. “Registrant” means any person who registers a soil

amendment under the provisions of the Soil Amendment Act; and

14. “Soil amendment” means any substance which is intended to

improve the physical, chemical, or other characteristics of the

soil, horticultural growing media, or any natural or synthetic

substance applied to plants or seeds that is intended to improve

crop production, germination, growth, yield, product quality,

reproduction, flavor or other desirable characteristics of plants

except the following: commercial fertilizers, agricultural liming

materials, agricultural gypsum, unmanipulated animal manures,

unmanipulated vegetable manures, and pesticides; provided that

commercial fertilizer shall be included if it is represented to

contain, as an active ingredient, a substance other than a

recognized plant food element or is represented as promoting plant

growth by other than supplying a recognized plant food element.

Added by Laws 1975, c. 181, § 3, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 82, emerg. eff. April 30, 2001. Renumbered

from § 1703 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001. Amended by Laws 2005, c. 415, § 1, eff. Nov. 1,

2005.

§2-8-85.4.

Labeling.

Oklahoma Statutes - Title 2. Agriculture

A. Each container of a soil amendment shall be labeled on the

face or display side in a readable and conspicuous form to show the

following information:

1. The net weight of the contents;

2. The name of the product;

3. The guaranteed analysis;

4. A statement as to the purpose of the product;

5. Adequate directions for use; and

6. The name and address of the registrant.

B. Bulk lots shall be labeled by attaching a copy of the label

to the invoice that shall be furnished to the purchaser.

C. The State Board of Agriculture may require proof of claims

made for any soil amendment. If no claims are made, the Board may

require proof of usefulness and value of the soil amendment. For

evidence of proof the Board may rely on experimental data,

evaluations, or advice supplied from sources including but not

limited to the Director of the Agricultural Experiment Station. The

experimental design shall be related to Oklahoma conditions for

which the product is intended. The Board may accept or reject other

sources of proof as additional evidence in evaluating soil

amendments.

D. No soil amending ingredient may be listed or guaranteed on

the labels or labeling of soil amendments without Board approval.

E. The Board may allow a soil amending ingredient to be listed

or guaranteed on the label or labeling if satisfactory supportive

data is provided the Board to substantiate the value and usefulness

of the soil amending ingredients. The Board may rely on outside

sources including but not limited to the Director of the

Agricultural Experiment Station for assistance in evaluating the

data submitted.

F. If the Board approves the listing of guarantee of a soil

amending ingredient, it shall be subject to inspection and analysis.

G. The Board may prescribe methods and procedures of inspection

and analysis of the soil amending ingredient. The Board may

stipulate, by rule, the quantities of the soil amending ingredient

or soil amending ingredients required in soil amendments.

Added by Laws 1975, c. 181, § 4, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 83, emerg. eff. April 30, 2001. Renumbered

from § 1704 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001. Amended by Laws 2005, c. 415, § 2, eff. Nov. 1,

2005.

§2-8-85.5. Registration - Fee - Penalties.

A. Each soil amendment product shall be registered with the

State Board of Agriculture before it is distributed in this state.

Application for registration shall be submitted to the Board, on a

form, showing the information required on the label, as provided in

Oklahoma Statutes - Title 2. Agriculture

Section 8-85.4 of this title and rules promulgated pursuant thereto,

except net weight of product.

B. The registration fee shall be One Hundred Dollars ($100.00)

for each product.

C. All registrations shall expire on December 31 of the year

for which the soil amendment product is registered.

D. The applicant shall submit with the application for

registration a copy of the label and a copy of all advertisements,

brochures, posters, and television and radio announcements to be

used in promoting the sale of the soil amendment.

E. If the Board finds any soil amendment product that has not

been registered, the registration was falsely submitted, or the

registration was late, the Board may establish and assess a penalty.

The penalty shall be assessed per product and be added to the

registration fee and payment shall be made within thirty (30) days

after receipt of notice.

Added by Laws 1975, c. 181, § 5, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 84, emerg. eff. April 30, 2001. Renumbered

from § 1705 of Title 2 by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001. Amended by Laws 2002, c. 383, § 8, eff. July 1,

2002; Laws 2005, c. 415, § 3, eff. Nov. 1, 2005.

§2-8-85.6.

Repealed by Laws 2002, c. 383, § 9, eff. July 1, 2002.

§2-8-85.7. Stop sale, stop use or removal order.

The State Board of Agriculture may issue and enforce a written

or printed stop sale, stop use, or removal order to the owner or

custodian of any lot of soil amendment, and shall hold such lot of

soil amendment at a designated place when the Board finds a soil

amendment is being offered or exposed for sale that is not

registered, is not labeled, is misbranded, or is adulterated, until

the time when the product or labeling complies with this act. The

soil amendment may then be released in writing by the Board.

Added by Laws 1975, c. 181, § 7, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 86, emerg. eff. April 30, 2001. Renumbered

from § 1707 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001.

§2-8-85.8. Violations.

It shall be a violation of the Soil Amendment Act for any

person:

1. To distribute a soil amendment that is not registered with

the State Board of Agriculture;

2. To distribute a soil amendment that is not labeled;

3. To distribute a soil amendment that is misbranded;

4. To distribute a soil amendment that is adulterated;

Oklahoma Statutes - Title 2. Agriculture

5. To fail to comply with a stop sale, stop use, or removal

order; or

6. To violate any other provision of the Soil Amendment Act.

Added by Laws 1975, c. 181, § 8, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 87, emerg. eff. April 30, 2001. Renumbered

from § 1708 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001. Amended by Laws 2005, c. 415, § 4, eff. Nov. 1,

2005.

§2-8-85.9. Duties of agents.

A. The State Board of Agriculture may inspect, sample, analyze,

and test soil amendments distributed in this state at any time and

place, and to the extent necessary to determine whether the soil

amendments are in compliance with the Soil Amendment Act.

B. The Board and its employees or agents are authorized to

enter upon public or private property during regular working hours

to access soil amendments for the purpose of administering the Soil

Amendment Act.

Added by Laws 1975, c. 181, § 9, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 88, emerg. eff. April 30, 2001. Renumbered

from § 1709 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001.

§2-8-85.10. Promulgation of rules.

The State Board of Agriculture shall promulgate rules necessary

to administer the Soil Amendment Act, including but not limited to

methods of sampling, methods of analysis, designation of

ingredients, and promulgate definitions of identity of products,

acceptable ingredients for registration, and labeling formats.

Added by Laws 1975, c. 181, § 10, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 89, emerg. eff. April 30, 2001. Renumbered

from § 1710 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001. Amended by Laws 2005, c. 415, § 5, eff. Nov. 1,

2005.

§2-8-85.11. Revocation of registration - Hearing.

The State Board of Agriculture shall refuse to register any

product that does not comply with the Soil Amendment Act and rules

promulgated thereto. The Board may revoke any registration upon

satisfactory evidence that the registrant or any of its agents used

fraudulent or deceptive practices. A registration shall not be

revoked by the Board until the registrant has been given an

opportunity for a hearing before the Board in compliance with the

provisions of Article II of the Administrative Procedures Act.

Added by Laws 1975, c. 181, § 11, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 90, emerg. eff. April 30, 2001. Renumbered

Oklahoma Statutes - Title 2. Agriculture

from § 1711 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001.

§2-8-85.12. Deposit of funds.

The State Board of Agriculture shall remit at least monthly all

monies received pursuant to the Soil Amendment Act to the State

Treasurer. Upon receipt of the monies the State Treasurer shall

deposit the entire amount in the State Treasury and shall credit the

monies to an appropriate State Department of Agriculture Fund.

Added by Laws 1975, c. 181, § 13, emerg. eff. May 22, 1975. Amended

by Laws 2001, c. 146, § 91, emerg. eff. April 30, 2001. Renumbered

from § 1713 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001.

§2-8-85.13. Renumbered as § 11-10 of this title by Laws 2002, c.

173, § 20, emerg. eff. May 6, 2002.

§2-8-91. Definitions.

When used in this subarticle:

1. "Advertisement" means and includes any representation,

except information on the label or invoice, disseminated in any

manner relating to weed-infested material;

2. "Labeling" means any label or other written, printed, or

graphic representation, in any form including invoices, accompanying

and pertaining to any weed-infested material in bulk or containers;

3. "Noxious weeds" means bindweed and other weeds declared to

be noxious by the State Board of Agriculture; and

4. "Weed-infested material" means and includes feeds, grain or

grains, screenings, hay, bedding, fertilizer, or any other material

containing any seeds, root stalks, or reproductive portions of

noxious weeds.

Added by Laws 1955, p. 77, art. 8(E), § 1. Amended by Laws 2000, c.

367, § 121, emerg. eff. June 6, 2000.

§2-8-92. Unlawful acts.

A. It shall be unlawful for any person to sell, offer for sale,

or knowingly transport within this state any weed-infested material:

1. Bearing a false or misleading label and/or invoice;

2. Bearing a false or misleading statement regarding absence or

presence of noxious weeds; and

3. Containing any seeds, root stalks, or reproductive portions

of noxious weeds.

B. It shall be unlawful for any person within this state:

1. To detach, alter, deface, or destroy any label or invoice

provided for in this subarticle or rules or to alter or substitute

weed-infested material that may in any manner defeat the purpose of

this subarticle;

Oklahoma Statutes - Title 2. Agriculture

2. To disseminate any false or misleading advertisement

concerning weed-infested material in any manner;

3. To hinder or obstruct the State Board of Agriculture in the

performance of its duties and functions under the provisions of this

subarticle; and

4. To fail to comply with a "stop-sale" order made pursuant to

the provisions of this subarticle.

Added by Laws 1955, p. 78, art. 8(E), § 2. Amended by Laws 2000, c.

367, § 122, emerg. eff. June 6, 2000.

§2-8-93. Exemptions.

A. The provisions of the preceding section shall not apply to

weed-infested material in storage in, or consigned to, a processing

establishment for cleaning or processing, or weed-infested material

transported by producers from their farms to an elevator, or from

farm-to-market. Any labeling, invoice, or other representation

which may be made with respect to the uncleaned or unprocessed weedinfested material shall be subject to the provisions of this

subarticle.

B. No unprocessed weed-infested material shall be transported

by any person over or along any road or highway in this state or by

any railroad operating in this state, unless the same is carried or

transported in a vehicle or containers adequate to prevent the

leaking or scattering of the weed-infested material. In no instance

shall weed-infested material be sold to the ultimate consumer

(including a livestock feeder) until the material shall have been

processed to destroy the viability of the noxious weed-infested

content.

Added by Laws 1955, p. 78, art. 8(E), § 3. Amended by Laws 2000, c.

367, § 123, emerg. eff. June 6, 2000.

§2-8-94.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-8-95. Seizure - Condemnation - Disposal.

Any lot or amount of weed-infested material that is not in

compliance with the provisions of this subarticle shall be subject

to seizure upon petition of the State Board of Agriculture, to the

district court of the county in which the weed-infested material is

found or is located. If the weed-infested material is found to be

in violation of the provisions of this subarticle, the district

court shall enter an order condemning the weed-infested material and

directing that the material be denatured, processed, destroyed, or

disposed of in compliance with the provisions of this subarticle.

Added by Laws 1955, p. 79, art. 8(E), § 5. Amended by Laws 2000, c.

367, § 124, emerg. eff. June 6, 2000.

Oklahoma Statutes - Title 2. Agriculture

§2-8-96.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-9-1.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-9-20. Short title.

This subarticle shall be known and may be cited as the “Public

Warehouse and Commodity Indemnity Act”.

Added by Laws 1987, c. 125, § 1, emerg. eff. June 2, 1987. Amended

by Laws 2000, c. 243, § 83, emerg. eff. May 24, 2000.

§2-9-21. Definitions.

As used in the Public Warehouse and Commodity Indemnity Act:

1. “Charter” means a franchise issued to a person for the

operation of a public warehouse;

2. “Commodities” means nonperishable grains or seeds;

3. “Depositor” means any person storing commodities with a

state-chartered or federally licensed warehouse;

4. “Electronic document” means a document that is generated,

sent, received, or stored by electronic data interchange, electronic

mail, telegram, telex, or telecopy;

5. “Electronic receipt” means a receipt that is authorized by

the State Board of Agriculture to be issued under this act in the

form of an electronic document;

6. “Full market value” means the value required by law to be

used by insurance underwriters in paying for losses of commodities

insured for their actual cash value;

7. “Indemnity” means the Oklahoma Commodity Storage Indemnity

Fund;

8. “Loss” means any monetary reduction in value to a producer

of an extraordinary nature and which shall include, but not be

limited to, bankruptcy, embezzlement, theft or fraud;

9. “Producer” means any person planting, raising, growing, or

harvesting commodities;

10. “Public warehouse” means any place where commodities are

received for storage, received for transfer to other public

warehouses, or both;

11. “Storage” or “warehousing” means any method of holding

commodities by a party other than the direct owner except for

transportation;

12. “Warehouseman” means any person operating a public

warehouse; and

13. “Warehouse receipt” means every receipt issued by a

warehouseman for commodities pursuant to the Public Warehouse and

Commodity Indemnity Act.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 79, art. 9(B), § 1. Amended by Laws 1977, c.

106, § 1, emerg. eff. May 27, 1977; Laws 1987, c. 125, § 2, emerg.

eff. June 2, 1987; Laws 1988, c. 149, § 1, emerg. eff. May 2, 1988;

Laws 1990, c. 155, § 1, emerg. eff. May 1, 1990; Laws 1997, c. 10, §

1, eff. July 1, 1997; Laws 2000, c. 243, § 84, emerg. eff. May 24,

2000; Laws 2001, c. 119, § 1, eff. Nov. 1, 2001.

§2-9-22. State-chartered warehousemen - Reinsurance fee – Net worth

requirement - Bonds, certificates of deposit and irrevocable letters

of credit - Bond cancellation.

A. 1. It shall be unlawful and a misdemeanor for any person to

operate a public warehouse unless such person shall have obtained

and holds a charter therefor issued by the State Board of

Agriculture or be licensed and bonded as required by the United

States Warehouse Act.

2. Each application for a charter issued by the Board shall be

on a form prescribed by the Board. The Board shall charge and

collect a one-time fee of One Hundred Dollars ($100.00) for each

charter. The Board shall deposit the fees in the State Department

of Agriculture Revolving Fund.

3. No charter shall be issued by the Board until the applicant

therefor has filed with the Board a financial statement prepared by

an independent certified public accountant and such other financial

information as shall be required by the Board.

B. 1. The Board shall also charge and collect a fee of Ten

Dollars ($10.00) per One Thousand Dollars ($1,000.00) of surety.

The fee shall be deposited in the Commodity Storage Indemnity Fund

and shall be specially designated and accounted for as a reinsurance

fee. The Board shall use the reinsurance fee to provide protection

to the Indemnity. If upon determination by the Board that the fee

of Ten Dollars ($10.00) is not sufficient to adequately provide

protection of the Indemnity, the Board is authorized to assess an

additional fee in such an amount so as to provide the necessary

protection for the Indemnity provided such additional fee shall not

exceed Twenty Dollars ($20.00) per One Thousand Dollars ($1,000.00)

of surety. The additional assessment shall only be collected from

those persons securing surety through this section.

2. Surety required by this section shall be in the same amounts

as shall be required for bonds or certificates of deposit as

specified in subsection D of this section. Claims against the

surety shall be paid by the Board from the Indemnity in the same

manner as shall be required for bonds or certificates of deposit. A

corporate surety bond or certificate of deposit, as specified in

subsection D of this section, may be used to secure a charter in

lieu of the reinsurance fee.

C. The applicant, in order to qualify for a charter issued by

the Board, as evidence of the applicant's financial status shall

Oklahoma Statutes - Title 2. Agriculture

have a net worth equal to twenty-five cents ($0.25) per bushel for

the first four million (4,000,000) bushels of chartered capacity but

not less than Fifty Thousand Dollars ($50,000.00). All chartered

capacity in excess of four million (4,000,000) bushels shall be

computed at the rate of ten cents ($0.10) per bushel for net worth

purposes. In case of a net worth deficiency, the warehouseman shall

furnish a surety bond or certificate of deposit in an amount equal

to such deficiency. The bond or certificate of deposit shall be

filed and made payable to the Board for the benefit of all persons

storing commodities with the applicant as a state-chartered

warehouseman. Insurable property owned by the warehouseman may only

be included in the net worth of the warehouse, provided it is

insured to at least eighty percent (80%) of its appraised value.

The Board may require a certified property appraisal provided by an

appraiser approved by the Board. If the net worth of the applicant

or charter holder is less than One Million Dollars ($1,000,000.00),

a financial statement shall be submitted annually. Financial

statements shall be prepared and submitted by an independent

certified public accountant, describing the current financial

position of the applicant, and include such other information

required by the Board. Corporate surety bonds shall be on a form

prescribed by the Board, on condition that the applicant will

fulfill all obligations as a warehouseman. The Board may require

the applicant or charter holder to provide a profit and loss

statement and an audited financial statement prepared by an

independent certified public accountant.

D. The bond, certificates of deposit, or irrevocable letter of

credit issued by a financial institution that is insured by the

Federal Deposit Insurance Corporation (FDIC) or chartered by the

farm credit system organized under the “Farm Credit Act of 1971”

shall be payable to the Board for the benefit of all persons storing

commodities with the applicant as a state-chartered warehouseman.

The amount of bond or certificates of deposit to be furnished for

each state-chartered warehouse shall be fixed at a rate of twentyfive cents ($0.25) per bushel of chartered capacity, provided that

the amount of the bond or certificates of deposit shall be not less

than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred

Thousand Dollars ($500,000.00). The chartered capacity shall be the

maximum number of bushels of commodities that the warehouse may

accommodate. Depositors, including producers, suffering a loss due

to a violation of any of the terms of the Public Warehouse and

Commodity Indemnity Act may recover such loss up to the amount of

the bond or certificates of deposit, and claims therefor may be

instituted with the Board by such person. Each state charter issued

pursuant to the provisions of this section shall be for the life of

the person. Such state charter may be suspended, revoked or denied

by the Board, after notice by registered mail and an opportunity to

Oklahoma Statutes - Title 2. Agriculture

be heard has been given, for a failure to maintain the financial

status required or adequate insurance on all commodities received in

store, or received for storage or for handling for restorage, or for

a violation of any of the provisions of the Public Warehouse and

Commodity Indemnity Act or of any rule of the Board adopted pursuant

thereto. Upon evidence of just and good cause, such state charter

may be temporarily suspended without a hearing, for a period of not

to exceed thirty (30) days. Whenever a state charter is suspended

or revoked, the Board shall immediately give notice thereof, by

registered United States mail, to the holder of such charter, who

may, within twenty (20) days after receipt of such notice, appeal to

the district court of Oklahoma County. The district court, after a

full hearing, shall make an order either sustaining the action of

the Board or reinstating the charter.

E. Upon cancellation of the bond, all indemnifications held by

the bonding company shall be released to the warehouseman following

the second consecutive satisfactory inspection or examination by the

Board.

Added by Laws 1955, p. 80, art. 9(B), § 2. Amended by Laws 1977, c.

106, § 2, emerg. eff. May 27, 1977; Laws 1980, c. 110, § 8; Laws

1982, c. 259, § 1, emerg. eff. May 14, 1982; Laws 1987, c. 125, § 3,

emerg. eff. June 2, 1987; Laws 1988, c. 149, § 2, emerg. eff. May 2,

1988; Laws 1990, c. 155, § 2, emerg. eff. May 1, 1990; Laws 1997, c.

10, § 2, eff. July 1, 1997; Laws 2001, c. 119, § 2, eff. Nov. 1,

2001.

NOTE: Laws 1980, c. 110, § 8 repealed by Laws 1982, c. 259, § 2,

emerg. eff. May 14, 1982.

§2-9-23. Warehouse name - Issuance and validity of charter.

A. Each application for a charter shall include the name used

by the warehouse and the name shall be shown on the charter. No

warehouse shall be operated by or under any name other than that

shown on the charter.

B. No charter shall be issued or remain valid if the applicant

or warehouseman has:

1. Failed to meet or maintain the financial or surety

requirements;

2. Filed an incomplete or fraudulent application or report;

3. Inadequate facilities to properly store and maintain

commodities;

4. Failed to properly store commodities or maintain the quality

and quantity of commodities in storage;

5. Failed to pay required fees; or

6. Been convicted of a felony based on fraud, theft,

embezzlement, misappropriation of funds, or any act of moral

turpitude.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 80, art. 9(B), § 3. Amended by Laws 1987, c.

125, § 4, emerg. eff. June 2, 1987; Laws 1997, c. 10, § 3, eff. July

1, 1997; Laws 2000, c. 243, § 85, emerg. eff. May 24, 2000.

§2-9-24. Suspension, revocation or surrender of charter, license or

bond - Indemnity Fund lien - Venue - Notice - Renewal of charter Seizure of commodities - Identification and date of loss - Claim of

loss.

A. 1. Upon the suspension, revocation, or voluntary surrender

of the state charter, federal license, or bond of a warehouseman or

public warehouse, a statutory lien shall be and hereby is imposed on

all assets of the warehouseman or public warehouse in favor of the

Oklahoma Commodity Storage Indemnity Fund on behalf of all

depositors who are eligible to file a claim pursuant to subsection I

of this section.

2. The lien and payment rights of all depositors are hereby

assigned to the Indemnity for purposes of implementing this section.

3. To perfect the lien, the Oklahoma Department of Agriculture,

Food, and Forestry, on behalf of the Indemnity, shall file a lien

statement with the Oklahoma County Clerk.

4. The lien shall become effective and deemed fully perfected

immediately upon filing of the lien statement.

a.

The initial lien amount shall be based on a reasonable

estimate of the amounts paid by the Department and the

Indemnity and other costs and expenses described in

this section.

b.

The lien statement shall be filed only on or after the

date of the suspension, revocation, or voluntary

surrender of the state charter, federal license, or

bond of the subject warehouseman or public warehouse

but not later than sixty (60) days after the

incurrence of the triggering event.

c.

The lien statement shall disclose the name of the

warehouseman or public warehouse, the address of the

party’s principal place of business, a description of

any known and identifiable warehouseman or warehouse

assets or a statement that none are known at such

time, and the amount of the lien.

5. The amount of the lien shall be the aggregate of:

a.

the amount of the incurred by the Department and the

Indemnity for the conduct of salvage operations of the

warehouseman or public warehouse,

b.

all amounts paid by the Department and the Indemnity

to depositors of the warehouseman or public warehouse

from the Oklahoma Commodity Storage Indemnity Fund,

including but not limited to the final cost of

Oklahoma Statutes - Title 2. Agriculture

reimbursing the depositors and the Indemnity for the

payment of claims made against the fund,

c.

associated costs and expenses, if any, and

d.

accrued interest at the rate of ten percent (10%) per

annum.

6. The Department, on behalf of the Indemnity, shall file a

corrected lien statement to revise the estimated amount of the lien

not later than one hundred eighty (180) days following the

incurrence date; however, the failure to file a corrected lien

statement shall not affect the validity or the amount of the subject

lien.

7. The District Court of Oklahoma County, upon petition by one

or more producers, may undertake an action to correct the lien

amount. The Department, on behalf of the Indemnity, shall have the

burden of proving by a preponderance of the evidence that any

estimated lien amount is an accurate estimate.

8. A lien statement filed under this section shall be a

security interest perfected under the uniform commercial code in

effect in Oklahoma and subject to the same priority as provided in

Section 1-9-322 of Title 12A of the Oklahoma Statutes except that

the subject lien statement shall have priority over any levies or

liens for taxes regardless of the time when the subject lien

statement or any such tax levies or lien arises.

9. The lien statement may be collected in any manner allowed by

law including levy upon all property of the warehouseman or public

warehouse in the same manner as the levy of an execution.

10. The Department, on behalf of the Indemnity, shall upon

written demand of the warehouseman or public warehouse file a

termination statement with the Oklahoma County Clerk, if the license

of the warehouseman is not revoked, suspended, surrendered,

terminated, or canceled after one hundred eighty (180) days from the

date the lien statement is perfected.

a.

upon filing of the termination statement, the lien

becomes unperfected.

b.

the Department, on behalf of the Indemnity, shall

deliver a copy of the termination statement to the

warehouseman or public warehouse.

B. The District Court of Oklahoma County shall be the sole

venue for questions of jurisdiction or venue in all civil actions

challenging the acts of the Department in the administration of the

Public Warehouse and Commodity Indemnity Act.

C. The Department shall publish notice for two (2) consecutive

weeks in a newspaper of general circulation in the area of the

public warehouse when the warehouse charter is suspended or revoked.

D. When the charter of a warehouseman is renewed after

suspension or revocation, the Department shall publish notice for

two (2) consecutive weeks in a newspaper of general circulation in

Oklahoma Statutes - Title 2. Agriculture

the area of the public warehouse that the warehouse is in compliance

with the Public Warehouse and Commodity Indemnity Act.

E. Upon the suspension, revocation, or voluntary surrender of

the charter, the Department may seize all commodities under the

control of the warehouseman or public warehouse, including

commodities stored or forwarded to other locations. The Department,

upon suspension, revocation, or surrender of the charter, shall

seize all commodity stocks of the warehouseman or public warehouse

including any commodities stored or forwarded to other locations and

sell the commodities. Funds generated by the sale of seized

commodities shall be distributed in the following manner:

1. The Department shall receive an amount equal to the cost of

salvage operations;

2. All remaining funds shall be proportioned among all

depositors storing commodities with the warehouseman. No person

shall receive payment of funds greater than the fair market value of

the commodity lost by the depositors on the date of seizure;

3. Funds generated in excess of the payments required by the

Public Warehouse and Commodity Indemnity Act shall be deposited in

the Indemnity; and

4. The persons responsible for violations of the Public

Warehouse and Commodity Indemnity Act resulting in a charter

suspension, revocation, or surrender, or commodity seizure shall not

be eligible to claim or recover proceeds from the sale or interest

accrued on the proceeds from the sale of seized commodities unless

approved by the State Board of Agriculture.

F. A person storing commodities with a warehouseman not holding

a valid charter or federal license is not eligible to file a claim

or recover damages under the Public Warehouse and Commodity

Indemnity Act.

G. 1. Upon suspension, revocation, or surrender of the

warehouse charter, the Department shall identify any loss to the

depositors and obtain proof. The Department shall immediately

notify any bonding company providing a bond for a loss. As soon as

practicable, the Department shall communicate the amount of the

loss, proof, and the date of loss and seizure to the bonding

company. The bonding company shall within thirty (30) calendar days

remit to the Department the amount of the loss or the face amount of

the bond, whichever is less.

2. Failure by the bonding company to surrender the funds shall

result in a nonrefundable penalty assessment payable to the

Department of one percent (1%) per month plus interest of one

percent (1%) per month of the face amount of the bond commencing

with the date of loss and continuing until the surety funds are

surrendered. The Department shall account for all the surety

received until all depositor claims against the charter holder are

paid as provided in the Public Warehouse and Commodity Indemnity

Oklahoma Statutes - Title 2. Agriculture

Act. When all claims have been paid, all unexpended bond surety

funds including accrued interest, except penalties, shall be

returned to the bonding company.

3. The provisions of this section shall not prohibit the

Department from pursuing any other remedy provided by law.

H. The Department shall establish a date of loss which shall be

the same as the date of seizure for all claims of loss against a

warehouseman. The Department shall publish the date of loss as set

forth in subsection C of this section and shall notify by registered

mail all depositors who may have a claim against a warehouseman of

the date of loss and deadline for filing claims.

I. To be eligible to file a claim of loss and receive payment

as provided in the Public Warehouse and Commodity Indemnity Act, a

person shall establish ownership or title to commodities stored or

warehoused with the warehouseman or public warehouse against whom

the loss is alleged. Evidence of ownership or title shall include

uncanceled warehouse receipts or scale tickets. The Department

shall determine the sufficiency of evidence of ownership or title.

J. Depositors shall, within sixty (60) days of the order of the

Department establishing the date of loss, file a written claim of

loss with the Department. Depositors may submit a written request

to the Board for a sixty-day extension of the filing period, if the

depositors can show they were not provided notification and

reasonable time to file the claim. If the claim of loss is not

filed within the allotted time, the depositor shall forfeit all

rights to remuneration or payment.

Added by Laws 1955, p. 80, art. 9(B), § 4, emerg. eff. June 3, 1955.

Amended by Laws 1985, c. 144, § 1, emerg. eff. June 7, 1985; Laws

1987, c. 125, § 5, emerg. eff. June 2, 1987; Laws 1990, c. 155, § 3,

emerg. eff. May 1, 1990; Laws 1997, c. 10, § 4, eff. July 1, 1997;

Laws 2000, c. 243, § 86, emerg. eff. May 24, 2000; Laws 2001, c.

119, § 3, eff. Nov. 1, 2001; Laws 2006, c. 216, § 1, eff. July 1,

2006.

§2-9-25. Reports by warehouseman - Right of entry and audit Commodity open storage records - Inspection fees.

A. When requested by the State Board of Agriculture, any

warehouseman, who stores or handles for storage commodities shall

make a report to the Board concerning the condition, conduct,

operation, and business of each public warehouse the warehouseman

operates and the commodities stored at each location.

B. Any warehouseman who stores or handles for storage

commodities shall permit any authorized agent to enter and audit

each warehouse, its contents, examine all warehouse receipts and

scale tickets, examine all deferred price and deferred payment

contracts, examine all records involving the sale or purchase of

commodities to or from other warehouses or persons, verify all

Oklahoma Statutes - Title 2. Agriculture

records related to forwarded grain or grain in transit, and the

storage and financial records. The public warehouseman shall render

any assistance required by the Board in checking any condition or

books in connection with each location or warehouse.

C. The authority granted the Board in this section shall

include all warehouse receipts, scale tickets, deferred price and

deferred payment contracts, forwarded grain or grain in transit,

sales or purchases of commodities to or from other warehouses or

persons, commodities and open storage records. The Board shall

verify the accuracy of commodity open storage records when

commodities are stored at other locations.

D. 1. The Board shall make at least one inspection or

examination annually of each state chartered warehouse. The Board

shall charge a fee, that when used in conjunction with available

appropriated funds is sufficient to pay the cost of each examination

or inspection. A warehouseman may request an additional inspection

or examination at a fee commensurate with the actual cost. All

inspection or examination fees collected shall be deposited in the

State Department of Agriculture Revolving Fund.

2. The Board may enter cooperative agreements with the United

States Department of Agriculture for warehouse inspections.

3. No provisions of this section shall apply to warehouses

licensed under the U.S. Warehouse Act, Title 7, U.S.C., Section 241

et seq.

Added by Laws 1955, p. 80, art. 9(B), § 5. Amended by Laws 1977, c.

106, § 3, emerg. eff. May 27, 1977; Laws 1979, c. 77, § 1, emerg.

eff. April 20, 1979; Laws 1987, c. 125, § 6, emerg. eff. June 2,

1987; Laws 1988, c. 149, § 3, emerg. eff. May 2, 1988; Laws 1997, c.

10, § 5, eff. July 1, 1997; Laws 2000, c. 243, § 87, emerg. eff. May

24, 2000.

§2-9-26. Insurance – Notice of loss.

A. Each state-chartered warehouseman shall insure and keep

insured, in the warehouseman's own name, all of the commodities in

store, received for storage, or handled for storage for the full

market value of the commodities, against loss or damage by fire,

lightning, inherent explosion, windstorm, cyclone, or tornado.

B. In the event of any loss or damage to the commodities or the

warehouse, the warehouseman shall immediately notify the State Board

of Agriculture and at the expense of the warehouseman promptly take

the steps necessary to collect any monies which may be due as

indemnity for the loss or damage.

C. In the event the warehouseman insures against hazards not

specified, the insurance shall inure to the benefit of the

producers.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 81, art. 9(B), § 6. Amended by Laws 1987, c.

125, § 7, emerg. eff. June 2, 1987; Laws 1997, c. 10, § 6, eff. July

1, 1997; Laws 2000, c. 243, § 88, emerg. eff. May 24, 2000.

§2-9-27. Scale tickets - Delivery upon demand.

A. 1. Each warehouseman, upon weighing commodities, shall

issue a scale ticket to the person from whom the commodities are

received on a form approved by the State Board of Agriculture. No

scale ticket shall be issued unless the Board has approved the form.

The scale ticket shall contain, but not be limited to, preprinted

consecutive numbers and lines for entering the weight, grade, kind,

test, and moisture of the commodity, the name and address of the

owner, and the signature or initials of the licensed weigher and

grader. The grade and the factors used to establish the grade shall

be documented on each scale ticket.

2. Each warehouseman is required to have a licensed weigher and

grader at each location to supervise the weighing and grading of

commodities received and sign the scale ticket.

3. The scale ticket shall be nonnegotiable, but may singly or

with others be exchanged for a state or federal negotiable warehouse

receipt. A scale ticket has protection under the surety provisions

of the Public Warehouse and Commodity Indemnity Act equal to a

warehouse receipt.

4. No warehouseman shall store a commodity except in a statechartered or federally licensed and bonded warehouse.

B. The warehouseman, in the absence of some lawful excuse,

shall immediately deliver the commodities stored upon a demand made

either by the holder of a receipt for the commodities or by the

depositor if the demand is accompanied by:

1. An offer to satisfy the warehouseman's lien;

2. An offer to surrender the receipt, if negotiable, with

endorsements as necessary for the negotiation of the receipts; and

3. A readiness and willingness to sign an acknowledgment that

the commodities have been delivered if a signature is requested by

the warehouseman.

Added by Laws 1955, p. 81, art. 9(B), § 7. Amended by Laws 1977, c.

106, § 4, emerg. eff. May 27, 1977; Laws 1987, c. 125, § 8, emerg.

eff. June 2, 1987; Laws 1988, c. 259, § 13, emerg. eff. June 29,

1988; Laws 1997, c. 10, § 7, eff. July 1, 1997; Laws 2000, c. 243, §

89, emerg. eff. May 24, 2000.

§2-9-28. Warehouse receipts - Form - Furnishing by Board - Price.

Negotiable public warehouse receipts shall be in a form

prescribed and designed by the State Board of Agriculture. The

Board shall furnish warehouse receipts to warehousemen at a price

commensurate with the cost of preparation, printing and delivery.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 81, art. 9(B), § 8. Amended by Laws 1977, c.

106, § 5, emerg. eff. May 27, 1977; Laws 1987, c. 125, § 9, emerg.

eff. June 2, 1987; Laws 1997, c. 10, § 8, eff. July 1, 1997.

§2-9-28.1. Electronic receipts and documents - Security interest Rule making.

Notwithstanding any other provision of federal or state law:

1. Electronic receipts issued, and electronic documents

transferred, under this subsection with respect to an agricultural

product may be recorded in, and transferred under, a system

maintained in one or more locations and approved by the State Board

of Agriculture in accordance with rules issued under this act;

2. Any person designated as the holder of an electronic receipt

or other electronic document under this act shall, for the purpose

of perfecting the security interest of the person under federal or

state law and for all other purposes, be considered to be in

possession of the electronic receipt or other electronic document;

3. An electronic receipt issued, or other electronic document

transferred, in accordance with this act shall not be denied legal

effect, validity, or enforceability on the ground that the

information is generated, sent, received, or stored by electronic or

similar means;

4. A person shall not be required to issue in electronic form a

receipt or document with respect to an agricultural product;

5. The Board shall promulgate rules that authorize the

issuance, recording, and transfer of electronic receipts, and the

transfer of other electronic documents, in accordance with this

subsection; and

6. The Board shall promulgate rules governing one or more

electronic systems under which electronic receipts may be issued and

transferred and other electronic documents relating to the shipment,

payment, and financing of the sale of agricultural products may be

transferred.

Added by Laws 2001, c. 119, § 4, eff. Nov. 1, 2001.

§2-9-31. Lost or destroyed receipt - Duplicate receipts Settlement for stored commodities - Canceled original warehouse

receipts.

A. If a warehouse receipt is lost or destroyed and a duplicate

receipt is desired, a duplicate shall be issued in the same manner

as the original receipt upon affidavit of the owner of the original

receipt that the receipt has been lost or destroyed. When the owner

has furnished the warehouseman an acceptable bond in an amount equal

to the value of the commodities represented by the lost or destroyed

receipt at the time the bond is given, the bond shall indemnify the

warehouseman against loss or damage by reason of the issuance of the

duplicate receipt.

Oklahoma Statutes - Title 2. Agriculture

B. If a warehouse receipt is lost or destroyed and a settlement

for the stored commodities is desired, the settlement shall be made

upon affidavit of the owner of the original receipt that the receipt

has been lost or destroyed. When the owner has furnished the

warehouseman an acceptable bond in an amount equal to the value of

the commodities represented by the lost or destroyed receipt at the

time the bond is given, the bond shall indemnify the warehouseman

against loss or damage sustained by reason of making the settlement

of delivering the described commodities.

C. Bonds executed in accordance with this section shall be

treated as canceled original warehouse receipts.

Added by Laws 1955, p. 82, art. 9(B), § 11. Amended by Laws 1997,

c. 10, § 9, eff. July 1, 1997; Laws 2000, c. 243, § 90, emerg. eff.

May 24, 2000.

§2-9-32. Scales and equipment.

Each warehouseman shall maintain correct and accurate scales and

equipment for weighing and keeping records of all commodities

received.

Added by Laws 1955, p. 82, art. 9(B), § 12. Amended by Laws 1997,

c. 10, § 10, eff. July 1, 1997; Laws 2000, c. 243, § 91, emerg. eff.

May 24, 2000.

§2-9-33. Inspection, grading and storing of commodities.

All commodities received by a warehouseman shall be inspected,

graded, and stored by commodity. If the owner or consignee

requests and the warehouseman consents, the owner's or consignee's

commodities may be kept in a separate bin. The bin shall be marked

“Special” with the name of the owner and with the quantity and grade

of the commodities.

Added by Laws 1955, p. 82, art. 9(B), § 13. Amended by Laws 1997,

c. 10, § 11, eff. July 1, 1997; Laws 2000, c. 243, § 92, emerg. eff.

May 24, 2000.

§2-9-34. Unlawful acts - Commodity storage and receipts - Penalties

- Prepositioning of commodity stocks.

A. It shall be a felony for any warehouseman, employee, or

manager of a public warehouse to knowingly:

1. Issue or receive a fraudulent warehouse receipt regarding,

but not limited to, commodities that are not actually stored at the

time of issuing the receipt, issuing any warehouse receipt or scale

ticket that is in any respect fraudulent in its character, either as

to its date or to the quantity, quality, or inspected grade of the

commodities, or who shall remove any commodities from store, except

to preserve the commodities from fire or other damage without the

return and cancellation of all outstanding receipts that may have

been issued to represent the commodities; or

Oklahoma Statutes - Title 2. Agriculture

2. Issue a delayed pricing contract, deferred payment contract,

or any other records for sales of commodities in a fraudulent manner

without the full knowledge and consent of the producer.

A violation of this section shall, upon conviction, be a Class

D1 felony offense punishable by a fine of not more than Ten Thousand

Dollars ($10,000.00), or by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or by both such fine and imprisonment.

B. The State Board of Agriculture, upon application from the

warehouseman, may approve the prepositioning of commodity stocks in

state-chartered or federally licensed terminal warehouses in order

to free storage space for new harvest commodities. The period for

such action shall not exceed sixty (60) days prior to anticipated

beginning of harvest for the commodity nor can they be out of

position more than one hundred eighty (180) days. The Board may

extend the time period an additional one hundred eighty (180) days

as specified by rules promulgated by the Board.

Added by Laws 1955, p. 82, art. 9(B), § 14, emerg. eff. June 3,

1955. Amended by Laws 1977, c. 106, § 6, emerg. eff. May 27, 1977;

Laws 1987, c. 125, § 10, emerg. eff. June 2, 1987; Laws 1997, c.

133, § 93, eff. July 1, 1999; Laws 1999, c. 157, § 6, eff. Nov. 1,

1999; Laws 2000, c. 243, § 93, emerg. eff. May 24, 2000; Laws 2001,

c. 119, § 5, eff. Nov. 1, 2001; Laws 2025, c. 486, § 311, eff. Jan.

1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 93 from July 1, 1998, to July 1, 1999.

NOTE: Laws 1997, c. 10, § 12 repealed by Laws 1999, c. 157, § 7,

eff. Nov. 1, 1999.

§2-9-35. Unlawful acts - Commodity storage and receipts Penalties.

Any warehouseman, manager, or other employee of a public

warehouse, who issues or aids in issuing a warehouse receipt for any

commodities, without knowing that the commodities have actually been

placed in a public warehouse, who delivers any commodities from a

public warehouse without the surrender and cancellation of the

warehouse receipt, or who fails to mark the depositor's receipt

“Cancelled” on the delivery of the commodities, shall, upon

conviction, be guilty of a Class D1 felony offense. The fine for a

violation of this section shall not be more than Ten Thousand

Dollars ($10,000.00), or by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or by both such fine and imprisonment.

Added by Laws 1955, p. 82, art. 9(B), § 15, emerg. eff. June 3,

1955. Amended by Laws 1997, c. 133, § 94, eff. July 1, 1999; Laws

1999, 1st Ex.Sess., c. 5, § 31, eff. July 1, 1999; Laws 2000, c.

Oklahoma Statutes - Title 2. Agriculture

243, § 94, emerg. eff. May 24, 2000; Laws 2025, c. 486, § 312, eff.

Jan. 1, 2026.

NOTE: Laws 1997, c. 10, § 13 repealed by Laws 1999, 1st Ex.Sess.,

c. 5, § 452, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 94 from July 1, 1998, to July 1, 1999.

§2-9-36. Public warehouse designations - Penalty.

No public warehouse shall be designated as chartered or operated

under the provisions of the Public Warehouse and Commodity Indemnity

Act and no name or description conveying the impression that it is

chartered or operated shall be used unless the public warehouse is

chartered. Any person who misrepresents, forges, alters,

counterfeits, simulates, or falsely represents the charter required

by the Public Warehouse and Commodity Indemnity Act, or who issues,

utters, or assists or attempts to issue or utter, a false or

fraudulent receipt for any commodities, shall be, upon conviction,

guilty of a Class D1 felony offense. The fine for a violation of

this section shall not be more than Ten Thousand Dollars

($10,000.00), or by imprisonment as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes, or by

both such fine and imprisonment.

Added by Laws 1955, p. 83, art. 9(B), § 16, emerg. eff. June 3,

1955. Amended by Laws 1997, c. 133, § 95, eff. July 1, 1999; Laws

1999, 1st Ex.Sess., c. 5, § 32, eff. July 1, 1999; Laws 2000, c.

243, § 95, emerg. eff. May 24, 2000; Laws 2025, c. 486, § 313, eff.

Jan. 1, 2026.

NOTE: Laws 1997, c. 10, § 14 repealed by Laws 1999, 1st Ex.Sess.,

c. 5, § 452, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 95 from July 1, 1998, to July 1, 1999.

§2-9-37. Unlawful acts - Deposit of encumbered commodities without

notice to warehouse - Procurement of receipts by false statement of

material fact - Penalties.

Any person who deposits or attempts to deposit in a public

warehouse any commodities upon which a lien or mortgage exists,

without notifying the manager of the public warehouse, and any

person who, in order to procure any warehouse receipt, knowingly

makes any false statement of material fact shall, upon conviction,

be guilty of a Class D3 felony offense. The fine for a violation of

this section shall not be more than Ten Thousand Dollars

($10,000.00), or by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes, or by

both such fine and imprisonment.

Added by Laws 1955, p. 83, art. 9(B), § 17, emerg. eff. June 3,

1955. Amended by Laws 1997, c. 133, § 96, eff. July 1, 1999; Laws

Oklahoma Statutes - Title 2. Agriculture

1999, 1st Ex.Sess., c. 5, § 33, eff. July 1, 1999; Laws 2000, c.

243, § 96, emerg. eff. May 24, 2000; Laws 2025, c. 486, § 629, eff.

Jan. 1, 2026.

NOTE: Laws 1997, c. 10, § 15 repealed by Laws 1999, 1st Ex.Sess.,

c. 5, § 452, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 96 from July 1, 1998, to July 1, 1999.

§2-9-38. Rulemaking - Conformity with federal act.

A. The State Board of Agriculture shall promulgate rules

necessary to carry out the provisions of the Public Warehouse and

Commodity Indemnity Act.

B. The rules shall conform as nearly as practicable to the

requirements of the United States Warehouse Act, as amended, its

successor and any regulations developed thereunder.

Added by Laws 1955, p. 83, art. 9(B), § 18. Amended by Laws 1987,

c. 125, § 11, emerg. eff. June 2, 1987; Laws 1997, c. 10, § 16, eff.

July 1, 1997.

§2-9-39. Exemption.

The provisions of the Public Warehouse and Commodity Indemnity

Act shall not apply to an individual producer-owner who does not

receive from other producers commodities for storage, handling for

storage, or both, but any qualified producer-owner may be issued a

charter upon proper application.

Added by Laws 1955, p. 83, art. 9(B), §19. Amended by Laws 1987, c.

125, § 12, emerg. eff. June 2, 1987; Laws 1997, c. 10, § 17, eff.

July 1, 1997; Laws 2000, c. 243, § 97, emerg. eff. May 24, 2000.

§2-9-42. Oklahoma Commodity Storage Indemnity Fund - Creation.

There is hereby created within the State Department of

Agriculture, the "Oklahoma Commodity Storage Indemnity Fund".

Added by Laws 1980, c. 110, § 2, eff. July 1, 1980. Amended by Laws

1987, c. 125, § 13, emerg. eff. June 2, 1987; Laws 1997, c. 10, §

18, eff. July 1, 1997.

§2-9-44. Assessment upon commodities - Examination of records.

There is hereby assessed two (2) mills per bushel on all

commodities delivered by producers to any public warehouse. The

assessment shall be imposed on the warehouse at the time the

commodity is received and shall be collected and remitted to the

State Department of Agriculture by the warehouseman. Under the

provisions of the Public Warehouse and Commodity Indemnity Act, no

commodity shall be subject to a fee more than once. The State Board

of Agriculture shall have authority to examine warehouse records to

determine if the assessment has been properly remitted.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1980, c. 110, § 4, eff. July 1, 1980. Amended by Laws

1981, c. 152, § 1, emerg. eff. May 8, 1981; Laws 1987, c. 125, § 14,

emerg. eff. June 2, 1987; Laws 1988, c. 149, § 4, emerg. eff. May 2,

1988; Laws 1997, c. 10, § 19, eff. July 1, 1997; Laws 2000, c. 243,

§ 98, emerg. eff. May 24, 2000.

§2-9-45. Administration - Cessation of assessments - Claims for

losses - Reimbursement of General Revenue Fund - Civil action

claims.

A. The State Department of Agriculture shall administer the

Oklahoma Commodity Storage Indemnity Fund. The Indemnity shall be

established for the benefit of producers who have delivered

commodities to a chartered or licensed public warehouse for storage.

The Indemnity shall compensate producers for losses to their

commodity while it is in the control of a chartered or licensed

public warehouse, except losses covered by insurance as provided in

Section 9-26 of this title. No producer shall be eligible for

compensation or reimbursement as the result of a loss on any

commodity when the title to the commodity has been transferred to

the warehouseman.

B. When the Indemnity reaches Six Million Dollars

($6,000,000.00), the two-mill assessment shall cease at the end of

that harvest season as determined by the Board. If the balance of

the Indemnity becomes less than Six Million Dollars ($6,000,000.00),

the two-mill assessment shall be reinstituted on an annual basis as

necessary to attain a balance of Six Million Dollars ($6,000,000.00)

in the Indemnity. The Department shall have authority to invest the

assessments. All proceeds of the investment shall be placed in the

Indemnity. Fifty Thousand Dollars ($50,000.00) from the interest

income for each year on the total proceeds in the Indemnity shall be

paid to the Department annually for the conducting of warehouse

examinations necessary for the protection of the Indemnity. The

balance of the accrued interest each year may not be utilized for

any purposes not listed in this subarticle and shall remain a part

of the Indemnity.

C. When a loss is incurred upon the commodity of a producer

delivered to a warehouseman or after receipt of the notice pursuant

to Section 9-24 of this title, the producer shall present his or her

claim to the State Board of Agriculture. To verify the claim, the

producer shall present a receipt or any additional evidence required

by the Board. All producer claim payments shall be made by the

Board from the Indemnity as soon as practicable and not later than

one (1) year following the date of claim. The price per bushel of a

commodity shall be established on the day of the loss or seizure and

shall be for the full market value on that day less storage or other

applicable charges. If there is an insufficient amount of cash in

the Indemnity to cover all claims for a certain year, payments shall

Oklahoma Statutes - Title 2. Agriculture

be made on a pro rata basis up to one hundred percent (100%) of the

total loss of each producer. If payment is not received in the

amount of one hundred percent (100%) of total loss for a certain

year, then additional amounts shall be paid as funds become

available in succeeding years until repayment of one hundred percent

(100%) of total loss is attained. If, at any time, a producer

receives payment totaling more than one hundred percent (100%) of

total loss, the excess payment shall be returned to the Indemnity

within thirty (30) days. Upon final payment of a claim to a

producer from the Indemnity, the producer shall subrogate his or her

interest to the Department in a cause of action against any and all

parties, to the amount of the loss that the producer was reimbursed

by the Indemnity.

D. The producer shall, within sixty (60) days of the order of

the Board establishing the date of loss, present the claim to the

Board. Producers may submit a written request to the Board for a

sixty-day extension of the filing period, if the producers can show

they were not provided notification and reasonable time to file

their claim. If the claim of loss is not presented within the time

and in the manner required, the claim shall be forever barred and

the producer shall forfeit all rights to remuneration or payment as

provided in the Public Warehouse and Commodity Indemnity Act.

E. If state funds are appropriated to the Indemnity, the Board

shall establish the rules and procedures necessary to ensure that

the State General Revenue Fund shall be reimbursed from the

assessments in an amount equal to the total appropriation made to

the Indemnity. The reimbursement shall be made in a timely manner,

provided the intents and purposes of this section to compensate

producers for their losses shall not be adversely affected.

F. The monies deposited in the Indemnity shall at no time

become part of the general budget of any state board, commission, or

agency except the Department.

G. The Commissioner of the State Department of Agriculture

shall investigate all potential civil action claims against a failed

warehouse, the warehouseman, and any officers, directors and

managers for recovery of any losses paid by the Indemnity.

Added by Laws 1980, c. 110, § 5, eff. July 1, 1980. Amended by Laws

1981, c. 152, § 2, emerg. eff. May 8, 1981; Laws 1986, c. 112, § 1,

eff. July 1, 1986; Laws 1987, c. 125, § 15, emerg. eff. June 2,

1987; Laws 1990, c. 155, § 4, emerg. eff. May 1, 1990; Laws 1997, c.

10, § 20, eff. July 1, 1997; Laws 2001, c. 119, § 6, eff. Nov. 1,

2001.

§2-9-46. Reports - Penalties.

A. The warehouseman shall render and have on file a report with

the State Board of Agriculture by the last day of the month

following any calendar quarter in which the warehouseman has

Oklahoma Statutes - Title 2. Agriculture

accepted ten thousand (10,000) or more bushels of a commodity. If

less than ten thousand (10,000) bushels have been accepted in any

calendar quarter, the assessment may be reported and remitted with

the following quarter's return, except that all assessments

collected shall be remitted at least once every six (6) months.

B. If any person subject to the assessment fails to make a

report and remittance as required by law or rule, the Board shall

determine the amount of the assessment according to its best

judgment and information. The amount of assessment established by

the Board shall be prima facie correct and the person failing to

make the report shall have ten (10) calendar days after receipt of

notice mailed by the Board to pay the assessment, together with a

penalty of five percent (5%) on the amount of the assessment. The

person failing to report may dispute the assessment established by

the Board and request a hearing to determine the amount of the

assessment and penalty to be imposed. All assessment and penalty

payments required following a hearing shall be made within ten (10)

calendar days after receipt of notice of the Board order.

Added by Laws 1980, c. 110, § 6, eff. July 1, 1980. Amended by Laws

1986, c. 112, § 2, eff. July 1, 1986; Laws 1987, c. 125, § 16,

emerg. eff. June 2, 1987; Laws 1997, c. 10, § 21, eff. July 1, 1997;

Laws 2000, c. 243, § 99, emerg. eff. May 24, 2000.

§2-9-47.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-9-47.1. Violations - Penalties.

Except as provided by law, any person found to be in violation

of any of the provisions of the Public Warehouse and Commodity

Indemnity Act shall be guilty of a misdemeanor and shall be punished

by a fine of not less than Five Hundred Dollars ($500.00) for the

first offense and not less than One Thousand Dollars ($1,000.00) for

each subsequent offense.

Added by Laws 1990, c. 155, § 5, emerg. eff. May 1, 1990. Amended

by Laws 1997, c. 10, § 23, eff. July 1, 1997; Laws 2000, c. 243, §

100, emerg. eff. May 24, 2000.

§2-9-130. Short title.

This act shall be known and may be cited as the "Livestock

Auction Market Act".

Added by Laws 1991, c. 186, § 1, emerg. eff. May 13, 1991.

§2-9-131. Definitions.

For purposes of the Livestock Auction Market Act, “livestock

auction market” means any established place where livestock is

regularly offered for sale at public auction.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 92, art. 9(D), § 1. Amended by Laws 1961, p.

6, § 2; Laws 1980, c. 42, § 4, emerg. eff. March 26, 1980; Laws

1991, c. 186, § 2, emerg. eff. May 13, 1991; Laws 2000, c. 243, §

101, emerg. eff. May 24, 2000.

§2-9-132. License - Bond - Certificate of deposit or money market

account - Nonrenewal or cancellation of bond – Violations Penalties.

A. Except as provided by subsection C of this section, no

person shall operate, conduct, or maintain a livestock auction

market unless the person holds a livestock auction market license

issued by the State Board of Agriculture and has:

1. Executed a corporate surety bond pursuant to the provisions

of this section. The bond shall be conditioned upon the prompt and

faithful accounting for all livestock received, handled, or sold,

and the remittance of the proceeds from any sale, purchase, or

exchange of any livestock to the consignor;

2. Opened a certificate of deposit account or a money market

savings account. For a certificate of deposit account or a money

market savings account to be eligible pursuant to the provisions of

this section:

a.

the account shall be opened at a federally insured

financial depository,

b.

an officer of the financial depository shall

specifically acknowledge and guarantee the deposit of

the funds required by subsection B of this section

until otherwise released pursuant to this subsection,

c.

the person operating, conducting, or maintaining a

livestock auction market may only withdraw funds

deposited in a certificate of deposit account or a

money market savings account sixty (60) days after

the person has permanently ceased operations of the

livestock auction market unless the person presents to

the financial institution a written authorization for

release of funds by the Oklahoma Department of

Agriculture, Food, and Forestry; or

3. Provided other financial instruments allowable for livestock

markets by the Federal Packers and Stockyards Act of 1921, as

amended.

B. 1. The corporate surety bond or account required by

subsection A of this section for any person operating, conducting,

or maintaining a livestock auction market shall be in accordance

with the provisions of the Federal Packers and Stockyards Act of

1921, as amended, but shall not be less than Twenty-five Thousand

Dollars ($25,000.00) for any person conducting less than twenty-five

sales in any license year, or no single sale exceeds gross sales of

Twenty-five Thousand Dollars ($25,000.00).

Oklahoma Statutes - Title 2. Agriculture

2. For all other sales, the corporate surety bond or account

required by subsection A of this section for any person operating,

conducting, or maintaining a livestock auction market that does not

meet the criteria in paragraph 1 of this subsection shall be in

accordance with the provisions of the Federal Packers and Stockyards

Act of 1921, as amended, but shall not be less than Fifty Thousand

Dollars ($50,000.00) unless the Department approves a lesser amount

pursuant to rules promulgated by the State Board of Agriculture.

C. The corporate surety bond or account required by subsection

A of this section shall not be required of any person who has

executed and maintained a corporate surety bond or account pursuant

to the provisions of subsection B of this section to secure the

performance of obligations under the provisions of the Federal

Packers and Stockyards Act of 1921, as amended.

D. The Commissioner of Agriculture is authorized to be

designated as trustee for any corporate surety bond, certificate of

deposit account, money market savings account, or any other

financial instruments allowable for livestock markets by the Federal

Packers and Stockyards Act of 1921, as amended.

E. 1. Any corporate surety company issuing a bond to any

person as specified by subsection A or C of this section for

operating, conducting, or maintaining a livestock auction market

shall notify the Board in writing not less than thirty (30) days

prior to the cancellation or nonrenewal of the bond.

2. The Board shall provide for the publication of notice to the

public of the nonrenewal or cancellation of the bond for a livestock

auction market upon any notification that the bond of the livestock

auction market has been nonrenewed or canceled and no new bond has

been obtained.

3. No person shall knowingly operate, conduct, or maintain a

livestock auction market without having a bond as specified by this

section. Any person convicted of violating the provisions of this

paragraph shall be guilty of a Class D3 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

of Section 20P of Title 21 of the Oklahoma Statutes.

F. All records relating to the prompt and faithful accounting

for all livestock received, handled, or sold and the remittance of

the proceeds from any sale, purchase, or exchange of any livestock

to the consignor shall be in accordance with the provisions of the

Federal Packers and Stockyards Act of 1921, as amended. The Board

shall audit such records at least once a year. Any violation of the

standards of the Federal Packers and Stockyards Act may result in

the suspension of the livestock auction market license.

G. Except as provided by this section, any person found to be

in violation of the provisions of this section, upon conviction,

shall be guilty of a misdemeanor.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 92, art. 9(D), § 2, emerg. eff. June 3, 1955.

Amended by Laws 1961, p. 6, § 2, emerg. eff. Feb. 27, 1961; Laws

1965, c. 178, § 1; Laws 1981, c. 5, § 1, eff. Oct. 1, 1981; Laws

1986, c. 309, § 11, operative July 1, 1986; Laws 1991, c. 186, § 4,

emerg. eff. May 13, 1991; Laws 1996, c. 185, § 1, eff. Nov. 1, 1996;

Laws 1997, c. 133, § 97, eff. July 1, 1999; Laws 2000, c. 243, §

102, emerg. eff. May 24, 2000; Laws 2009, c. 324, § 1, eff. Nov. 1,

2009; Laws 2025, c. 486, § 630, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 97 from July 1, 1998, to July 1, 1999.

§2-9-132.1. Bonds - Issuers - Certification as solvent.

Any bond or corporate surety bond involved in any section of the

Livestock Auction Market Act, shall be issued by a corporation or

insurance company, certified as being solvent by the State Insurance

Commissioner or certified by the United States Department of

Agriculture, pursuant to the Federal Packers and Stockyards Act.

Added by Laws 1991, c. 186, § 3, emerg. eff. May 13, 1991. Amended

by Laws 2000, c. 243, § 103, emerg. eff. May 24, 2000.

§2-9-133. Licenses - Rules.

A. Every application for a livestock auction market license

shall be on a form prescribed by the State Board of Agriculture.

Each license shall expire at a time specified by the Board by rule.

A fee of Twenty-five Dollars ($25.00) shall be charged and collected

for the issuance or renewal of the license. Any license may be

denied, revoked, suspended, or not renewed by the Board, after due

notice in writing and an opportunity to be heard has been given to

the holder, upon:

1. The failure of the holder to comply with the corporate

surety bond or account requirements; or

2. The failure of the licensee to comply with any of the

provisions of Section 6-102 of this title, the Livestock Auction

Market Act, or any rule promulgated thereto.

B. The Board shall promulgate rules to effectuate the

provisions of this section. The rules may include, but not be

limited to, requiring:

1. The submission of financial documents;

2. The disclosure of all persons having a financial interest in

the applicant and the amount and nature of the interest;

3. Proof that the applicant meets registration requirements of

the Federal Packers and Stockyards Act of 1921, as amended; and

4. The submission of any other information reasonably

calculated to enable the Board to make the determination required by

this section.

Oklahoma Statutes - Title 2. Agriculture

C. The Board shall provide for the publication of notice to the

public of the suspension or revocation of the livestock auction

market license.

Added by Laws 1955, p. 92, art. 9(D), § 3, emerg. eff. June 3, 1955.

Amended by Laws 1961, p. 6, § 2; Laws 1976, c. 107, § 3, emerg. eff.

May 12, 1976; Laws 1991, c. 186, § 5, emerg. eff. May 13, 1991; Laws

1996, c. 185, § 2, eff. Nov. 1, 1996; Laws 2000, c. 243, § 104,

emerg. eff. May 24, 2000.

§2-9-134. Records.

A. Every person operating or conducting a livestock auction

market shall make, and keep for two (2) years, a record showing an

identifying description, vehicle license tag number, and the names

and addresses of the buyer and seller of livestock consigned for

sale at livestock auction markets. The records shall be open to

inspection during reasonable business hours by any authorized agent

employed by the State Board of Agriculture.

B. Any records required to be kept pursuant to subsection A of

this section may not be removed from the premises by an authorized

agent without the express authority of the person who has

jurisdiction over the records or except as authorized by a court of

law. These records may be photocopied at the request of the agent.

Added by Laws 1955, p. 92, art. 9(D), § 4, emerg. eff. June 3, 1955.

Amended by Laws 1961, p. 6, § 2; Laws 1963, c. 170, § 1; Laws 1965,

c. 148, § 1, emerg. eff. May 24, 1965; Laws 1991, c. 186, § 6,

emerg. eff. May 13, 1991; Laws 1996, c. 185, § 4, eff. Nov. 1, 1996;

Laws 2000, c. 243, § 105, emerg. eff. May 24, 2000.

§2-9-134.1. Custodial account defaults - Board taking possession of

assets - Distribution.

A. Upon the suspension or revocation of any livestock auction

market license as a result of a custodial account default, the Board

shall have the authority to take possession of any and all assets

which belong to the custodial account for shippers' proceeds,

including, but not limited to, custodial account checking or savings

accounts, custodial account certificates of deposit, receivables and

livestock for which the custodial account has not been reimbursed or

any other assets which belong to the custodial account as determined

by the Board.

B. Assets taken into possession shall be limited to custodial

account assets as determined by the State Board of Agriculture. All

funds collected from custodial account assets shall be placed in an

account of the Department of Agriculture specifically designated as

a shippers' proceeds trust fund.

C. The Board shall have the authority to receive, deposit and

administer all proceeds belonging to the custodial account for

Oklahoma Statutes - Title 2. Agriculture

shippers' proceeds of any livestock auction market whose license has

been suspended or revoked.

D. Upon taking possession of any such assets specified by this

section, the Board shall distribute the assets as follows:

1. The Board shall receive an amount equal to the cost incurred

by the Board in handling and maintenance of the trust fund of

shippers' proceeds, including cost of hauling, yardage, watering,

feeding, commissions and other costs in the marketing or handling of

any livestock taken into possession; and

2. All remaining funds shall be proportioned among all persons

submitting valid claims as determined by the Board.

Added by Laws 1996, c. 185, § 5, eff. Nov. 1, 1996.

§2-9-135. Inspection of scales - Use of inaccurate scales.

A. The State Board of Agriculture shall cause a periodic

inspection to be made of all scales used at any livestock auction

market. All scales used at any livestock auction market shall have

an automatic stamping device to print the weight on a card, paper,

or ticket and furnished to interested parties in connection with the

weighing of any livestock handled at the livestock auction market.

B. No person shall use any scales found to be inaccurate until

the scales have been made accurate and have been approved by the

Board.

Added by Laws 1955, p. 92, art. 9(D), § 5. Amended by Laws 1957, p.

9, § 1; Laws 1961, p. 6, § 2; Laws 1991, c. 186, § 7, emerg. eff.

May 13, 1991; Laws 2000, c. 243, § 106, emerg. eff. May 24, 2000.

§2-9-136. Buying of livestock prior to consignment – Fraudulent

sale of livestock.

A. No person shall buy or offer to buy livestock on the

premises owned and used by a person operating a livestock auction

market before the livestock has been regularly consigned for sale.

B. No person, with the intent to defraud, shall offer for sale

any livestock at a livestock auction market in any name other than

that of the seller. Any person, with the intent to defraud, who

attempts to sell or sells livestock under a false name or a name

other than that of the seller shall be guilty of a misdemeanor.

C. No person shall offer for sale any livestock at a livestock

auction market with the intent to defraud. For the purposes of this

subsection, it shall be considered an attempt by the seller to

defraud if livestock identified previously for sale are not the same

livestock offered or sold at a livestock market auction. Any person

convicted of violating the provisions of this subsection shall be

guilty of a misdemeanor.

Added by Laws 1955, p. 92, art. 9(D), § 6, emerg. eff. June 3, 1955.

Amended by Laws 1961, p. 6, § 2, emerg. eff. Feb. 27, 1961; Laws

1991, c. 186, § 8, emerg. eff. May 13, 1991; Laws 2000, c. 243, §

Oklahoma Statutes - Title 2. Agriculture

107, emerg. eff. May 24, 2000; Laws 2009, c. 153, § 1, eff. Nov. 1,

2009.

§2-9-137.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-9-138. Definitions.

As used in the Livestock Auction Market Act:

1. “Exotic animals” means commercially raised animals of the

families bovidae, cervidae, antilocapridae, suidae, and ratites;

2. “Livestock” means cattle, swine, sheep, horses, mules, or

goats and includes exotic animals;

3. “Payment by check” means the actual delivery of the check to

the seller or representative at the location where the transfer of

ownership is accomplished. In the case of grade and yield selling,

payment by check means making the check available at the packing

plant, subject to the instructions of the seller or representative;

4. “Slaughter” means killing livestock with the intent to

process and distribute the meat and offal of the livestock,

regardless of the period of time elapsing between the purchase and

the killing of the livestock; and

5. “Wire transfer” means any telephonic, telegraphic,

electronic, or similar communication between the financial

institution or bank of the purchaser and the financial institution

or bank of the seller which results in the transfer of funds or

credit of the purchaser to an account of the seller.

Added by Laws 1975, c. 313, § 1, emerg. eff. June 7, 1975. Amended

by Laws 1996, c. 185, § 3, eff. Nov. 1, 1996; Laws 2000, c. 243, §

108, emerg. eff. May 24, 2000.

§2-9-139. Payment for purchases of livestock for slaughter.

A. 1. Unless agreed to in writing between the owner and the

purchaser, the agent, or representative of the purchaser for each

transaction, it shall be unlawful for any person who purchases

livestock for slaughter, whether acting individually, as agent, or

representative of another, to fail or refuse to make payment by

negotiable check or wire transfer of funds to the owner, or the

representative, agent, or assignee of the owner for the livestock on

the business day within which the ownership of the livestock is

transferred within the State of Oklahoma.

2. If the transfer of ownership is accomplished after normal

banking hours, the payment shall be made in the manner provided not

later than the close of the first business day following the

transfer of ownership.

3. For the purposes of this section, if livestock is sold and

purchased on a grade and yield basis, the transfer of ownership

Oklahoma Statutes - Title 2. Agriculture

shall be deemed to have occurred on the day when the grade and yield

is determined.

B. Payment for livestock purchased for slaughter shall be made

by negotiable check or wire transfer of funds and shall be drawn on

a banking institution within the Federal Reserve District where the

transaction takes place, unless agreed to in writing between the

owner and the purchaser or the agent, or representative of the

purchaser.

Added by Laws 1975, c. 313, § 2, emerg. eff. June 7, 1975. Amended

by Laws 2000, c. 243, § 109, emerg. eff. May 24, 2000.

§2-9-141.

Repealed by Laws 2010, c. 239, § 2, eff. Nov. 1, 2010.

§2-9-142.

Repealed by Laws 2010, c. 239, § 2, eff. Nov. 1, 2010.

§2-9-143. Records - Access - Inspection of livestock.

A. Every livestock dealer shall maintain written records as

required by the Federal Packers and Stockyards Act of 1921, as

amended, and any other written records that are necessary and

adequate to determine the sources and disposition of livestock that

are, or have been, in the dealer's possession within the previous

twenty-four (24) months.

B. The State Board of Agriculture shall have access to examine

the records of all livestock dealers within reasonable working

hours.

C. The Oklahoma Department of Agriculture, Food, and Forestry

may enter and inspect a livestock facility or examine the records of

a livestock dealer.

Added by Laws 1976, c. 49, § 2, emerg. eff. April 9, 1976. Amended

by Laws 1996, c. 185, § 8, eff. Nov. 1, 1996; Laws 2001, c. 146, §

95, emerg. eff. April 30, 2001. Renumbered from § 1752 of this

title by Laws 2001, c. 146, § 256, emerg. eff. April 30, 2001.

Amended by Laws 2010, c. 239, § 1, eff. Nov. 1, 2010.

§2-9-144.

Repealed by Laws 2010, c. 239, § 2, eff. Nov. 1, 2010.

§2-9-145.

Repealed by Laws 2010, c. 239, § 2, eff. Nov. 1, 2010.

§2-9-146.

Repealed by Laws 2010, c. 239, § 2, eff. Nov. 1, 2010.

§2-9-147.

Repealed by Laws 2010, c. 239, § 2, eff. Nov. 1, 2010.

§2-9-151. Renumbered as § 5-2.1 of this title by Laws 2001, c. 146,

§ 265, emerg. eff. April 30, 2001.

§2-9-160.

Short title.

Oklahoma Statutes - Title 2. Agriculture

The provisions of this act shall be known and may be cited as

the “Competitive Livestock Markets Act”.

Added by Laws 2001, c. 400, § 1, eff. Nov. 1, 2001.

§2-9-161. Packer - Definition.

As used in the Competitive Livestock Markets Act, “packer” means

any person:

1. Engaged in the business of buying more than five thousand

(5,000) animal units of livestock per year in commerce for purpose

of slaughter;

2. Manufacturing or preparing meats or meat food products for

sale of shipment in commerce; or

3. Marketing meats, meat food products or livestock products in

an unmanufactured form acting as a wholesale broker, dealer or

distributor.

Added by Laws 2001, c. 400, § 2, eff. Nov. 1, 2001.

§2-9-162. Packer prohibitions.

It shall be unlawful for any packer with respect to livestock,

meats, meat products or livestock products in unmanufactured form

to:

1. Engage in or use any unfair, unjustly discriminatory or

deceptive practice or device;

2. Sell or otherwise transfer to or for any other packer or buy

or otherwise receive from or for any other packer any article for

the purpose or with the effect of apportioning the supply between

any such persons if such apportionment has the tendency or effect of

restraining commerce or of creating a monopoly;

3. Sell or otherwise transfer to or for any other person, or

buy or otherwise receive from or for any other person, any article

for the purpose or with the effect of manipulating or controlling

prices, or of creating a monopoly in the acquisition of buying,

selling or dealing in any article, or of restraining commerce;

4. Engage in any course of business or do any act for the

purpose of or with the effect of manipulating or controlling prices,

or of creating a monopoly in the acquisition of buying, selling,

dealing in any article or of restraining commerce;

5. Conspire, combine, agree or arrange with any other person to

apportion territory for carrying on business, to apportion purchases

of any article or to manipulate or control prices; or

6. Conspire, combine, agree or arrange with any other person to

aid or abet the doing of any act made unlawful by paragraph 1, 2, 3

or 4 of this section.

Added by Laws 2001, c. 400, § 3, eff. Nov. 1, 2001.

§2-9-163.

Declaratory judgment - Restraining order - Actions.

Oklahoma Statutes - Title 2. Agriculture

A. Any person who has incurred damages as a result of the

Competitive Livestock Markets Act may bring an action to:

1. Obtain a declaratory judgment that an act or practice

violates the Competitive Livestock Markets Act; or

2. Enjoin or obtain a restraining order against a packer who is

violating the Competitive Livestock Markets Act.

B. A person who suffers damages as a result of a violation of

the Competitive Livestock Markets Act may bring an individual or a

class action for the damages caused by any violation of the

Competitive Livestock Markets Act together with reasonable attorney

fees, against the party or parties whose conduct is the proximate

cause of such damages.

Added by Laws 2001, c. 400, § 4, eff. Nov. 1, 2001.

§2-9-164. Accounts, records and memoranda.

Every packer shall keep such accounts, records and memoranda as

necessary to fully and correctly disclose all transactions involved

in such person’s business, including the true ownership of the

business by stockholding or otherwise.

Added by Laws 2001, c. 400, § 5, eff. Nov. 1, 2001.

§2-9-200. Renumbered as § 20-1 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-201. Renumbered as § 20-2 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-202. Renumbered as § 20-3 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-203. Renumbered as § 20-4 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-203.1. Renumbered as § 1085.30a of Title 82 by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-204. Renumbered as § 20-5 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-204.1. Renumbered as § 20-6 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-205. Renumbered as § 20-7 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-205.1. Renumbered as § 20-8 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

Oklahoma Statutes - Title 2. Agriculture

§2-9-205.2. Renumbered as § 20-9 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-205.3. Renumbered as § 20-10 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-205.3a. Renumbered as § 20-11 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-205.4. Renumbered as § 20-12 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-205.5. Renumbered as § 20-13 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-206. Renumbered as § 20-14 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-207.

Repealed by Laws 1997, c. 331, § 24, eff. Sept. 1, 1997.

§2-9-208. Renumbered as § 20-15 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-209. Renumbered as § 20-16 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-209.1. Renumbered as § 20-17 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-210. Renumbered as § 20-18 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-210.1. Renumbered as § 20-19 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-210.2. Renumbered as § 20-20 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-210.3. Renumbered as § 20-21 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-211. Renumbered as § 20-25 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-212. Renumbered as § 20-26 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

Oklahoma Statutes - Title 2. Agriculture

§2-9-212.1. Renumbered as § 20-27 of this title by Laws 2005, c.

292, § 25, eff. July 1, 2005.

§2-9-214. Renumbered as § 20-28 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-9-215. Renumbered as § 20-29 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

§2-10-1.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-2. Board as official state agency.

The State Board of Agriculture shall be the official state

agency in all matters related to the health of birds, hatching eggs,

and in the administration of the National Poultry Improvement Plan.

Added by Laws 1955, p. 93, art. 10(A), § 2. Amended by Laws 2000,

c. 367, § 125, emerg. eff. June 6, 2000.

§2-10-9. Acceptance or approval of pending poultry feeding

operation applications - Prohibition within certain distance

upstream from Pensacola Project boundary.

The Oklahoma Department of Agriculture, Food, and Forestry shall

not accept or approve any pending applications requesting permits

for registration, construction or expansion of any poultry feeding

operation, as defined in Section 10-9.1 of this title, to be located

within one (1) mile upstream of the Pensacola Project boundary as

described in the records of the Grand River Dam Authority and the

Federal Emergency Management Agency. Any such operation authorized

or permitted prior to April 17, 2002, shall not be affected by the

provisions of this section.

Added by Laws 2002, c. 94, § 2, emerg. eff. April 17, 2002. Amended

by Laws 2005, c. 292, § 24, eff. July 1, 2005.

§2-10-9.1. Short title - Oklahoma Registered Poultry Feeding

Operations Act – Definitions.

A. Sections 10-9.1 through 10-9.12 of this title shall be known

and may be cited as the "Oklahoma Registered Poultry Feeding

Operations Act".

B. As used in Sections 10-9.1 through 10-9.23 of this title:

1. "Best Management Practices" or "BMPs" means schedules of

activities, prohibitions of practices, maintenance procedures, and

other management practices which prevent or reduce the pollution of

waters of the state as established by the Oklahoma Department of

Agriculture, Food, and Forestry pursuant to Section 10-9.7 of this

title;

Oklahoma Statutes - Title 2. Agriculture

2. "Board" means the State Board of Agriculture;

3. "Certificate" means a written document issued to an

individual by the Board pursuant to Section 10-9.17 of this title

which indicates that the individual is authorized to land-apply

poultry waste by the Oklahoma Poultry Waste Applicators

Certification Act;

4. "Certified poultry waste applicator" means a person who has

been certified by the Board to land-apply poultry waste and includes

a commercial poultry waste applicator and a private poultry waste

applicator;

5. "Commercial poultry waste applicator" means any person who

engages in commercial land-application of poultry waste. Any farmer

while working for a neighbor in agricultural production, and not

advertising, nor holding himself or herself out to be in the

business of land-applying poultry waste, shall not be classified as

a commercial poultry waste applicator, but as a private poultry

waste applicator;

6. "Contract growing arrangement" means any growout contract,

marketing agreement, or other arrangement under which a contract

poultry grower cares for or raises poultry;

7. "Contract poultry grower" means any person engaged in the

business of caring for or raising poultry, under a contract growing

arrangement;

8. "Common ownership" includes but is not limited to any person

who has power or authority to manage, direct, restrict, regulate or

oversee the operation or has financial control of two or more

poultry feeding operations;

9. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

10. "Expanding operation" means a registered poultry feeding

operation that seeks to increase its registered capacity in excess

of ten percent (10%) of the facility's original registered capacity;

11. "Facility" means any place, site or location or part

thereof where poultry are kept, handled, housed or otherwise

maintained including but not limited to buildings, lots, pens, and

poultry waste management systems;

12. "Integrator" means an entity which unites the elements

associated with the poultry industry, including but not limited to

hatching, feeding, processing, and marketing. It includes, but is

not limited to, situations when growing is contracted out to others

and when the integrator operates its own growing facilities;

13. "Land-application" means the spreading on, or incorporation

into, the soil mantle primarily for beneficial purposes;

14. "Nutrient Management Plan" means a written plan that

includes a combination of conservation and management practices

designed to protect the natural resources of the state as required

by the Oklahoma Department of Agriculture, Food, and Forestry

Oklahoma Statutes - Title 2. Agriculture

pursuant to the provisions of Section 10-9.7 of this title and shall

also include a certified nutrient management plan and animal waste

management plan;

15. "Operator" means the person who performs the daily

management functions associated with the poultry feeding operation;

16. "Person" means an individual, association, partnership,

firm, company, public trust, corporation, joint stock company, trust

estate, any other legal entity, or any agent, employee,

representative assignor or successor thereof;

17. "Nutrient-limited watershed" means a watershed of a water

body which is designated as "nutrient-limited" in the most recent

Oklahoma Water Quality Standards;

18. "Nutrient-vulnerable groundwater" means groundwater which

is designated "nutrient-vulnerable" in the most recent Oklahoma

Water Quality Standards;

19. "Poultry" includes chickens, turkeys, ducks, geese, and any

other domesticated bird used for human food and/or animal feed;

20. "Poultry feeding operation" means a property or facility

where the following conditions are met:

a.

poultry have been, are or will be confined and fed or

maintained for a total of forty-five (45) days or more

in any twelve-month period,

b.

crops, vegetation, forage growth or post-harvest

residues are not sustained in the normal growing

season over any portion of the property or facility,

and

c.

producing over ten (10) tons of poultry waste per

year;

21. "Poultry waste" means poultry excrement, poultry carcasses,

feed wastes, bedding materials, or any other waste associated with

the confinement of poultry from a poultry feeding operation;

22. "Poultry waste management system" means a combination of

structures and practices serving a poultry feeding operation that

provides for the collection, treatment, disposal, distribution,

storage, and land-application of poultry waste;

23. "Private poultry waste applicator" means any person who is

not a commercial poultry waste applicator but engages in the land

application of poultry waste for purposes including, but not limited

to, producing any agricultural commodity on property owned or rented

by the person or such person's employer, or if applied without

compensation other than trading of personal services between

producers of agricultural commodities, on the property of another

person;

24. "Waste facility" means any structure or combination of

structures utilized to control poultry waste until it can be

utilized in an authorized manner; and

Oklahoma Statutes - Title 2. Agriculture

25. "Waters of the state" means all streams, lakes, ponds,

marshes, watercourses, waterways, wells, springs, irrigation

systems, drainage systems, storm sewers, and all other bodies or

accumulations of water, surface and underground, natural or

artificial, public or private, which are contained within, flow

through or border upon this state or any portion thereof, and shall

include under all circumstances the waters of the United States

which are contained within the boundaries of, flow through or border

upon this state or any portion thereof. Process wastewaters shall

not be considered as waters of the state if contaminated at the

site.

Added by Laws 1998, c. 232, § 1, eff. July 1, 1998. Amended by Laws

2012, c. 79, § 1, eff. Nov. 1, 2012; Laws 2015, c. 313, § 1, eff.

July 1, 2015.

§2-10-9.2.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-10-9.3. Registration.

A. 1. It shall be unlawful for any person to construct or

operate a new poultry feeding operation without having first

registered with the State Board of Agriculture.

2. The owner or operator of a poultry operation not classified

as a poultry feeding operation may register if such owner or

operator elects to come under the provisions of the Oklahoma

Registered Poultry Feeding Operations Act and the rules of the

Board.

B. Any poultry feeding operation that has a valid license

pursuant to the Oklahoma Concentrated Animal Feeding Operations Act

shall not be required to register pursuant to the Oklahoma

Registered Poultry Feeding Operations Act.

Added by Laws 1998, c. 232, § 3, eff. July 1, 1998. Amended by Laws

2015, c. 313, § 2, eff. July 1, 2015.

§2-10-9.4. Poultry operations under common ownership - Registration

upon waste exceeding certain limit - Reregistration upon certain

increase in waste.

A. Every poultry feeding operation shall be required to

register annually to operate pursuant to the Oklahoma Registered

Poultry Feeding Operations Act and rules promulgated pursuant

thereto.

B. 1. Two or more poultry operations under common ownership

are considered, for the purposes of registration, to be a single

poultry feeding operation if they adjoin each other or if they use a

common waste facility.

2. Once the cumulative amount of poultry waste produced by all

facilities owned or managed by a person meets or exceeds the amount

specified by paragraph 20 of Section 10-9.1 of this title, all

Oklahoma Statutes - Title 2. Agriculture

poultry feeding operations owned by the person shall be required to

become registered.

3. After the effective date of this act, any poultry feeding

operation shall be required to reregister for any increase in excess

of ten percent (10%) of the facility's original registered capacity.

Added by Laws 1998, c. 232, § 4, eff. July 1, 1998. Amended by Laws

2015, c. 313, § 3, eff. July 1, 2015.

§2-10-9.5. Necessary forms and applications - Registration

information and records required - False statements, etc. - Penalty

- Notice upon changing integrators - Waste management educational

training.

A. The State Board of Agriculture shall provide the necessary

forms and applications for any person desiring or required to

register a poultry feeding operation or expanding operation.

B. The application to register to operate a new or previously

unregistered poultry feeding operation or expanding operation shall

contain, at a minimum, the following information:

1. Name and address of the owner and operator of the facility;

2. Name and address of the poultry feeding operation;

3. Number and type of poultry housed or confined;

4. Name and address of the integrator whose poultry will be

raised by the poultry feeding operation;

5. A diagram or map and legal description showing geographical

location of the facility on which the perimeters of the facility are

designated, location of waters of the state, including, but not

limited to, drainage from the facility, poultry waste storage

facilities, and land-application sites owned or leased by the

applicant or which the applicant has contracted with for the

application of poultry waste;

6. A copy of the Nutrient Management Plan, or proof of

application for such plan, Best Management Practices or any other

plans authorized by the Oklahoma Department of Agriculture, Food,

and Forestry;

7. A statement of ownership.

a.

If the applicant is a corporation, the name and

address of the corporation and the name and address of

each officer and registered agent of the corporation

shall be included in the application.

b.

If the applicant is a partnership or other legal

entity, the name and address of each partner and

stockholder with an ownership interest of ten percent

(10%) or more shall be included in the statement.

c.

The information contained in the statement of

ownership shall be public information and shall be

available upon request from the Board;

Oklahoma Statutes - Title 2. Agriculture

8. The name and address of the person having day-to-day control

of the operation, if such person is not the applicant and is acting

as agent for the applicant;

9. An environmental history from the past three (3) years of

any poultry feeding operation established and operated by the

applicant or any other operation with common ownership in this state

or any other state;

10. Environmental awards or citations received or pollution

prevention or voluntary remediation efforts undertaken by the

applicant; and

11. Any other information or records required by the Department

for purposes of implementing the Oklahoma Registered Poultry Feeding

Operations Act or rules promulgated pursuant thereto.

C. In addition to other penalties as may be imposed by law, any

person who knowingly makes any false statement, representation, or

certification in, omits material data from, or tampers with any

application for registration shall, upon conviction, be guilty of a

misdemeanor and may be subject to a fine not more than Ten Thousand

Dollars ($10,000.00) for each such violation.

D. The owner of a poultry feeding operation shall be

responsible for sending written notification to the Department upon

changing integrators.

E. For a transfer of registration to a new owner, the new owner

shall register the operation pursuant to the rules of the

Department.

F. 1. All operators of poultry feeding operations and poultry

waste applicators shall attend educational courses on poultry waste

handling. All such operators and applicators shall attend

educational training on poultry waste management as provided by

Oklahoma State University through the Cooperative Extension Service.

All current and new operators and applicators shall receive the

initial nine (9) hours of training in the first year and two (2)

hours of continuing education every year until the operator or

applicator has received a total of nineteen (19) hours of training.

Any operator or applicator may attend more hours than is required;

however, those hours shall not be carried forward. Upon receiving

the nineteen (19) required hours, the operator or applicator shall

be required to receive two (2) hours of continuing education every

three (3) years. The Cooperative Extension Service shall develop

the educational training course to aid in certification. Curricula

for the training course will include the Cooperative Extension

Service waste management facts series and record books or their

current equivalent. Courses for poultry waste management shall

include the following topics:

a.

environmental process relevant to protecting water

quality in poultry production,

Oklahoma Statutes - Title 2. Agriculture

b.

basic handling systems to manage poultry waste from

all types of poultry operations,

c.

nutrient management, including sampling procedures,

application rate determination, equipment calibration,

and record-keeping systems,

d.

relevant laws and rules applicable to poultry waste

management in this state, and

e.

any other related subject as determined by Oklahoma

State University in consultation with the Department.

2. At the completion of each course, the operator or applicator

shall receive a certification verifying completion. The

certificates shall be kept on site for five (5) years.

3. Failure to obtain the initial nine-hour training and any

continuing education as provided in this subsection shall be deemed

a violation of the Oklahoma Registered Poultry Feeding Operations

Act for operators and the Oklahoma Poultry Waste Applicators

Certification Act for applicators.

4. All operators or applicators shall meet the educational

requirements of this section no later than December 31 of each year.

5. All operators and applicators are solely responsible for

obtaining and maintaining all educational requirements established

pursuant to the provisions of this subsection.

G. No integrator shall enter into any contract with an operator

of a poultry feeding operation who is not in compliance with the

education requirements of subsection F of this section.

Added by Laws 1998, c. 232, § 5, eff. July 1, 1998. Amended by Laws

2005, c. 412, § 1, eff. Nov. 1, 2005; Laws 2011, c. 55, § 1, eff.

Jan. 1, 2012; Laws 2015, c. 313, § 4, eff. July 1, 2015; Laws 2016,

c. 228, § 3, eff. Nov. 1, 2016; Laws 2024, c. 372, § 1.

§2-10-9.6. Poultry Waste Education Revolving Fund.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Department of Agriculture, Food, and Forestry

to be designated the "Poultry Waste Education Revolving Fund". The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies donated to the fund,

and any other monies deposited in the fund pursuant to law.

B. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Oklahoma

Department of Agriculture, Food, and Forestry to contract with

Oklahoma State University to provide the educational courses

required by the Oklahoma Poultry Waste Applicators Certification

Act.

C. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1998, c. 232, § 6, eff. July 1, 1998.

2012, c. 304, § 8.

Amended by Laws

§2-10-9.7. Utilization of Best Management Practices - Nutrient

management plans - Soil testing - Carcass disposal plan.

A. All poultry feeding operations shall utilize Best Management

Practices and shall meet the conditions and requirements established

by subsection B of this section and by rules promulgated by the

State Board of Agriculture pursuant to the Oklahoma Registered

Poultry Feeding Operations Act. Compliance with a Nutrient

Management Plan developed under subsections B and C of this section

shall be deemed compliant with Best Management Practices.

B. Best Management Practices shall be promulgated by rules by

the Board and shall include, but not be limited to, the following

when developing Nutrient Management Plans:

1. Measures designed to prevent the discharge of poultry waste

to waters of the state;

2. Measures requiring stored poultry waste shall be isolated

from outside surface drainage by covers, ditches, dikes, berms,

terraces, or other such structures;

3. Measures designed to prevent waters of the state from coming

into direct contact with the poultry confined on the poultry feeding

operation; and

4. Measures designed to ensure that poultry waste handling,

treatment, management, and removal shall:

a.

not create an environmental or a public health hazard,

b.

not result in the contamination of waters of the

state, and

c.

conform to such other handling, treatment, and

management and removal requirements deemed necessary

by the Oklahoma Department of Agriculture, Food, and

Forestry to implement the Oklahoma Registered Poultry

Feeding Operations Act and rules promulgated pursuant

thereto.

The rules promulgated by the Board pursuant to this section

shall provide for exceptions to the storage requirements for poultry

waste in emergency situations. Such exceptions shall include, but

not be limited to, allowing a contract poultry grower to take such

actions as are necessary to meet requirements imposed on a grower by

an integrator. In such situations, growers shall be required to

take all actions feasible to prevent pollution from stored poultry

waste.

C. Every poultry feeding operation shall have a Nutrient

Management Plan which shall include at a minimum:

1. A description of poultry waste handling procedures and

availability of equipment and type of equipment to be used;

Oklahoma Statutes - Title 2. Agriculture

2. The calculations and assumptions used for determining landapplication rates if land application is applicable;

3. All nutrient analysis data for soil and poultry waste

testing;

4. Legal description and latitude and longitude of lands to be

used by an operation for land application;

5. Land-application rates of poultry waste shall be based on

the available nitrogen and phosphorous content of the poultry waste

and shall provide controls for runoff and erosion as appropriate for

site conditions;

6. The procedures documented in the Nutrient Management Plan

shall ensure that the handling and utilization of poultry waste

complies with the following requirements:

a.

adequate poultry waste storage shall be provided

consistent with rules promulgated by the Oklahoma

Department of Agriculture, Food, and Forestry pursuant

to subsection B of this section,

b.

poultry waste shall not be applied to land when the

ground is saturated or during rainfall events.

Poultry waste shall not be applied to land when the

ground is frozen except in conformance with the

Nutrient Management Plan,

c.

poultry waste shall only be applied to suitable land

at appropriate times and rates. Discharge or runoff

of waste from the application site is evidence that

the Nutrient Management Plan requires revisions.

Timing and rate of applications shall be based on

assimilation capacity of the soil profile, assuming

usual nutrient losses, expected precipitation, and

soil conditions, and

d.

poultry waste application shall be prohibited on land

subject to excessive erosion;

7. Records shall be maintained of all poultry wastes applied on

land owned or controlled by the operator, and sold or given to other

persons:

a.

if the poultry waste is sold or given to other persons

for land application or other use, the poultry feeding

operation shall maintain a log of date of removal from

the poultry feeding operation, name of recipient the

poultry waste is sold or given to, and amount in wet

tons, dry tons or cubic yards of poultry waste removed

from the poultry feeding operation, and

b.

the poultry feeding operation shall make available to

the recipient any nutrient sample analysis of the

poultry waste from that year;

8. Any analysis required by the provisions of the Oklahoma

Registered Poultry Feeding Operations Act or rules promulgated

Oklahoma Statutes - Title 2. Agriculture

thereto shall be performed by a qualified environmental testing

laboratory certified by the Department of Environmental Quality and

approved by the Oklahoma Department of Agriculture, Food, and

Forestry; and

9. Such other information deemed necessary by the Oklahoma

Department of Agriculture, Food, and Forestry to administer the

provisions of the Oklahoma Registered Poultry Feeding Operations Act

and rules promulgated pursuant thereto.

D. 1. The Nutrient Management Plan for new or expanding

poultry feeding operations submitted after July 1, 1998, shall be

prepared by the operator or designee of the operator.

2. After the plan is submitted to the Oklahoma Department of

Agriculture, Food, and Forestry for review and approval if the

Department determines that a submitted plan needs or requires any

corrections or modifications, the Department shall return the

Nutrient Management Plan to the operator for corrections.

3. For a renewal, if the Department determines the Nutrient

Management Plan needs or requires corrections or modifications, the

Department shall make appropriate corrections, approve the plan, and

notify the poultry feeding operation of the modifications.

E. 1. Except as otherwise provided in this subsection, a

Nutrient Management Plan for every poultry feeding operation shall

be renewed and an updated plan shall be submitted to the Oklahoma

Department of Agriculture, Food, and Forestry every six (6) years

from the date the initial or previous plan was submitted.

2. The operator shall have the option to submit the renewed or

updated plan through the Department’s website or a printable online

form designed by the Department.

3. A current operator may submit a one-page amendment to the

most recently submitted plan in lieu of a renewal plan through the

Department’s website, if applicable. Poultry feeding operations

submitting an amendment pursuant to this subsection shall still be

subject to the soil and poultry waste testing requirements under

subsections F and G of this section. The amendment shall contain

the following statements:

a.

no changes in the Department’s promulgated standards

for land application of poultry waste have occurred

since the most recently submitted Nutrient Management

Plan,

b.

there has been no change to the number of poultry

housed since the most recently submitted Nutrient

Management Plan,

c.

there has been no expansion in the poultry feeding

operation since the most recently submitted Nutrient

Management Plan, and

d.

the entirety of the poultry waste is:

Oklahoma Statutes - Title 2. Agriculture

(1)

removed off-site as provided in the poultry

feeding operation’s annual report, as required by

subsection J of this section, and will continue

to be removed off-site for the next six (6)

years, or

(2) land-applied and will continue to be land-applied

for the next six (6) years.

F. Every poultry feeding operation located in a non-nutrientlimited watershed and non-nutrient-vulnerable groundwaters shall

perform soil testing on each land-application area and poultry waste

testing at least once every three (3) years to determine:

1. Soil pH and plant-available nutrients including, at a

minimum, nitrogen, phosphorous, and potassium;

2. Poultry waste nutrient concentrations and moisture; and

3. Application rate based upon the Department’s standards for

land application for poultry waste as promulgated by rules.

G. Every poultry feeding operation located in a nutrientlimited watershed and nutrient-vulnerable groundwater shall perform

an annual soil test on each land-application area prior to the first

application of the calendar year. Poultry waste testing shall be

performed annually prior to the first application of the calendar

year. Soil and poultry waste testing shall be performed to

determine:

1. Soil pH and plant-available nutrients including at least

nitrogen, phosphorous, and potassium;

2. Poultry waste nutrient concentrations and moisture; and

3. Application rate based upon the Department’s standards for

land application of poultry waste as promulgated by rules.

H. 1. Soil and poultry waste analysis data shall be retained

by the poultry feeding operation for a minimum of six (6) years.

2. All soil and poultry waste analysis data shall be dated

prior to land application.

I. 1. Poultry feeding operations shall develop a plan for the

disposal of carcasses associated with normal mortality.

2. In the event there is an outbreak of a major disease or

other emergency resulting in deaths significantly higher than normal

mortality rates, the Oklahoma Department of Agriculture, Food, and

Forestry may approve, in writing, an alternate method of disposal of

carcasses or the storage of poultry waste during the emergency

period.

J. Every poultry feeding operation shall file by September 1 of

each year an annual report with the Department regarding all poultry

waste removed from or land-applied by the facility for the period

from July 1 of the previous year through June 30 of that year. The

report shall contain the following information:

1. The date and amount of poultry waste removed from or landapplied at the facility;

Oklahoma Statutes - Title 2. Agriculture

2. The type of poultry waste removed or land-applied, whether a

cake out, full clean out, in-house windrow or compost, poultry waste

stack shed, or other type;

3. The county and, if applicable, the name of the nutrientlimited watershed where the poultry waste was produced; and

4. The location where the poultry waste is removed to:

a.

if land-applied on-site, provide the following:

(1) the date of the land application,

(2) the total amount of poultry waste land-applied in

wet tons, dry tons, or cubic yards,

(3) the name, mailing address, and telephone number

of the poultry waste applicator, and

(4) the number of acres under the control of the

poultry feeding operation for land application of

poultry waste, or

b.

if removed off-site, provide the following:

(1) the date of the removal off-site,

(2) the amount of poultry waste removed in wet tons,

dry tons, or cubic yards,

(3) the name, mailing address, and telephone number

of the person the poultry waste is sold or

transferred to,

(4) the name, mailing address, telephone number, and

poultry waste applicator license number of the

poultry waste applicator, if known, and

(5) the name, mailing address, and telephone number

of the hauler of the poultry waste.

Added by Laws 1998, c. 232, § 7, eff. July 1, 1998. Amended by Laws

2012, c. 79, § 2, eff. Nov. 1, 2012; Laws 2015, c. 313, § 5, eff.

July 1, 2015; Laws 2021, c. 32, § 1, emerg. eff. April 19, 2021;

Laws 2022, c. 239, § 1, emerg. eff. May 11, 2022; Laws 2024, c. 372,

§ 2.

§2-10-9.8. Registration fee.

Every application shall be accompanied by an annual registration

fee of Ten Dollars ($10.00), which is nonrefundable. All such fees

shall be deposited in the Agriculture Regulation Revolving Fund

created in Section 10-9.24 of this title to be used for the purpose

of implementing the provisions of the Oklahoma Registered Poultry

Feeding Operations Act and the Oklahoma Poultry Waste Applicators

Certification Act.

Added by Laws 1998, c. 232, § 8, eff. July 1, 1998. Amended by Laws

2015, c. 313, § 6, eff. July 1, 2015.

§2-10-9.8a. New or expanded poultry feeding operations –

Construction in certain areas prohibited.

On and after the effective date of this act:

Oklahoma Statutes - Title 2. Agriculture

1. No new or expanding poultry feeding operations, operated by

entities prohibited in Section 951 of Title 18 of the Oklahoma

Statutes including but not limited to entities operating as

prescribed by Section 954 of Title 18 of the Oklahoma Statutes,

shall be constructed within a one-hundred-year flood plain; and

2. No new or expanding poultry feeding operations, operated by

entities prohibited in Section 951 of Title 18 of the Oklahoma

Statutes including but not limited to entities operating as

prescribed by Section 954 of Title 18 of the Oklahoma Statutes,

shall be constructed within the following minimum buffer areas:

a.

one and one-half (1 1/2) miles of the high water mark

of a surface public water supply if the poultry

feeding operation is located within the watershed for

the public water supply,

b.

one (1) mile of any designated scenic river area as

specified by the Scenic Rivers Act,

c.

one (1) mile of a public drinking water well, and

d.

one (1) mile of a water body specified as outstanding

resource waters that has recreational or ecological

significance as outlined by the most current Oklahoma

Water Quality Standards promulgated by the Oklahoma

Department of Environmental Quality.

Added by Laws 2002, c. 65, § 1. Amended by Laws 2022, c. 185, § 1,

eff. Nov. 1, 2022.

§2-10-9.9. Designation of poultry feeding operation as concentrated

animal feeding operation – Rules.

A. In addition to the authority of the State Board of

Agriculture to make designations of a concentrated animal feeding

operation pursuant to Section 20-44 of this title, the Board shall

have the power to designate a poultry feeding operation as a

concentrated animal feeding operation as defined by Section 20-41 of

this title subject to the provisions of the Oklahoma Concentrated

Animal Feeding Operations Act after an administrative determination

that an operation has violated or is unwilling to comply with any of

the provisions of the Oklahoma Registered Poultry Feeding Operations

Act, or any rule promulgated pursuant thereto whether or not the

Oklahoma Department of Agriculture, Food, and Forestry determines

the registered poultry feeding operation to be a significant

contributor of pollution to waters of this state.

B. In order to protect the public health and safety and the

environment of this state, the Board, pursuant to the Oklahoma

Registered Poultry Feeding Operations Act, may require application

for a concentrated animal feeding operation license to establish and

operate a poultry feeding operation on and after the effective date

of this act to any person or other legal entity which:

Oklahoma Statutes - Title 2. Agriculture

1. Is not in substantial compliance with a final agency order

or any final order or judgment of a court of record secured by any

state or federal agency relating to poultry feeding operations; or

2. Has evidenced a reckless disregard for the protection of the

public and the environment as demonstrated by a history of

noncompliance with environmental laws and rules resulting in

endangerment of human health or the environment.

C. Any action taken in regard to the denial, suspension or

revocation of a license shall be in conformity with the rules of the

Board governing administrative procedures and with the

Administrative Procedures Act.

D. The Board shall promulgate rules which will provide a

procedure whereby any poultry feeding operation which has been

designated a concentrated animal feeding operation pursuant to this

section may have such designation removed. The rules shall require

satisfactory evidence that such designation is no longer necessary

in order to ensure that the operation will comply with all

provisions of the Oklahoma Registered Poultry Feeding Operations Act

and will not contribute to pollution of the waters of this state.

Added by Laws 1998, c. 232, § 9, eff. July 1, 1998. Amended by Laws

2015, c. 313, § 7, eff. July 1, 2015.

§2-10-9.10. Investigation of complaints - Entry upon premises Standard health precautions.

A. 1. a. The State Board of Agriculture or its authorized

agents are empowered to enter upon the premises of any

poultry feeding operation for the purpose of

investigating complaints as to the operation or to

determine whether there are any violations of the

Oklahoma Registered Poultry Feeding Operations Act.

b.

This section shall not be construed to authorize the

Board or its agents to violate any provision of the

United States Constitution or the Oklahoma

Constitution relating to unlawful search or seizure.

2.

a.

Registration of a poultry feeding operation pursuant

to the Oklahoma Registered Poultry Feeding Operations

Act shall be deemed to constitute consent for entry

upon the premises of such operation by the Board or

its agents for the purpose of implementing the

provisions of this subsection.

b.

The Oklahoma Department of Agriculture, Food, and

Forestry shall make at least one inspection per

calendar year of every poultry feeding operation

registered pursuant to the Oklahoma Registered Poultry

Feeding Operations Act.

B. 1. The Board shall promulgate standard precautions for the

prevention of the transmission of communicable diseases to humans

Oklahoma Statutes - Title 2. Agriculture

and animals to be used by employees of the Department when

inspecting poultry feeding operations pursuant to their official

duties specified by the Oklahoma Registered Poultry Feeding

Operations Act and rules promulgated pursuant thereto.

2. Except for emergency situations or when enforcement of the

provisions of the Oklahoma Registered Poultry Feeding Operations Act

requires the use of the standard precautions as promulgated by the

Board pursuant to paragraph 1 of this subsection, Department

employees shall observe the health standards and sanitary

requirements of the facility.

C. The Board shall maintain necessary records and undertake

such studies, investigations and surveys for the proper

administration of the Oklahoma Registered Poultry Feeding Operations

Act.

Added by Laws 1998, c. 232, § 10, eff. July 1, 1998. Amended by

Laws 2015, c. 313, § 8, eff. July 1, 2015.

§2-10-9.11. Violations - Criminal and administrative penalties Injunctions.

A. 1. Any person violating the provisions of the Oklahoma

Registered Poultry Feeding Operations Act shall, upon conviction, be

guilty of a misdemeanor and may be punished by a fine not to exceed

One Thousand Dollars ($1,000.00).

2. Any owner or operator who fails to take such action as may

be reasonable and necessary to avoid pollution of any stream, lake,

river, or creek, except as otherwise provided by law, or who

violates any rule adopted by the State Board of Agriculture to

prevent water pollution from poultry feeding operations pursuant to

this act shall, upon conviction, be guilty of a misdemeanor

punishable for each violation by a fine not less than Five Hundred

Dollars ($500.00) nor more than Ten Thousand Dollars ($10,000.00),

imprisonment in the county jail for not more than six (6) months, or

by both such fine and imprisonment.

3. The Attorney General or the district attorney of the

appropriate district court of this state may bring an action in a

court of competent jurisdiction for the prosecution of a violation

by any person of a provision of the Oklahoma Registered Poultry

Feeding Operations Act or any rule promulgated thereunder.

B. 1. In addition to the criminal penalties specified by this

section, the Oklahoma Department of Agriculture, Food, and Forestry

may take one or more of the following actions:

a.

assess an administrative penalty pursuant to Section

2-18 of this title for each day of noncompliance

related to administrative violations including but not

limited to late filing of paperwork or incomplete

paperwork,

Oklahoma Statutes - Title 2. Agriculture

b.

assess an administrative penalty of Ten Thousand

Dollars ($10,000.00) for each day of noncompliance

with provisions of the user’s nutrient management plan

that has led to pollution of any stream, lake, river,

or creek, or

c.

bring an action for injunctive relief granted by a

district court.

2. A district court may grant injunctive relief to prevent a

violation of, or to compel compliance with, any of the provisions of

the Oklahoma Registered Poultry Feeding Operations Act or any rule

promulgated thereunder or order, registrations, and certificates

issued pursuant to the Oklahoma Registered Poultry Feeding

Operations Act.

3. Nothing in this section shall preclude the Department from

seeking penalties in district court in the maximum amount allowed by

law. The assessment of penalties in an administrative enforcement

proceeding shall not prevent the subsequent assessment by a court of

the maximum criminal penalties for violations of the Oklahoma

Registered Poultry Feeding Operations Act.

4. Any person assessed an administrative penalty may be

required to pay, in addition to such penalty amount and interest

thereon, attorney fees and costs associated with the collection of

such penalties.

5. Any administrative penalty required to be paid pursuant to

the provisions of this subsection shall be used to fund enforcement

of the Oklahoma Registered Poultry Feeding Operations Act.

C. 1. Any action for injunctive relief to redress or restrain

a violation by any person of the Oklahoma Registered Poultry Feeding

Operations Act, or for any rule promulgated thereunder, or order

issued pursuant thereto, or recovery of any administrative penalty

assessed pursuant to the Oklahoma Registered Poultry Feeding

Operations Act may be brought by:

a.

the district attorney of the appropriate district

court of this state,

b.

the Attorney General on behalf of this state, or

c.

the Department on behalf of this state.

2. The court shall have jurisdiction to determine the action,

and to grant the necessary or appropriate relief, including, but not

limited to, mandatory or prohibitive injunctive relief.

3. It shall be the duty of the Attorney General and district

attorney if requested by the Commissioner of Agriculture to bring

such actions.

D. Except as otherwise provided by law, administrative and

civil penalties shall be paid into the Agriculture Regulation

Revolving Fund.

Oklahoma Statutes - Title 2. Agriculture

E. For the purposes of the Oklahoma Registered Poultry Feeding

Operations Act, each day upon which a violation is committed or is

permitted to continue shall be deemed a separate offense.

F. 1. Any contract poultry grower determined after notice and

opportunity for a hearing by the Department as flagrantly

disregarding Best Management Practices shall result in the

Department notifying the integrator in writing. Notice provided to

the integrator shall detail any remediation, education, or other

measures the grower is required to take to prevent the furtherance

of the violation and to prevent future violations. Upon receipt of

such notice, the integrator shall respond, as prescribed by the

Department, that a producer has received the notice and will work

with the grower to ensure compliance is achieved within thirty (30)

days. If the grower fails to achieve compliance of the terms of the

notice within thirty (30) days, the integrator shall submit

correspondence to the Department detailing additional measures to

assist the grower to achieve compliance. If the Department does not

approve these additional measures or if they are approved and are

not achieved within the timeline approved by the Department, the

integrator shall issue a notice of suspension-of-delivery of birds

to the grower within thirty (30) days, or give ninety (90) days’

notice of termination of the integrator-producer relationship to the

producer within thirty (30) days.

2. The Department may extend the time periods for compliance

pursuant to this subsection upon the request of an integrator. An

integrator who fails to comply with the provisions of this

subsection shall be assessed an administrative penalty pursuant to

Section 2-18 of this title.

3. Nothing provided in response to or in association with a

notice given pursuant to this subsection may be used as evidence to

establish an employer-employee relationship between a grower and the

integrator with whom the grower contracts.

G. The Department shall notify all integrators of any

violations assessed against an operator who is under a contract

growing arrangement with that integrator and, upon the written

request of the integrator, notify that integrator of all violations

assessed against an operator with whom the integrator contemplates

entering into a contract.

H. In addition to other penalties as may be imposed by law, any

person who knowingly makes any false statement, representation or

certification form, notice or report, or who knowingly renders

inaccurate any monitoring device or method required to be maintained

by any rule promulgated by the State Board of Agriculture, shall,

upon conviction, be guilty of a misdemeanor and may be subject to a

fine not more than Five Thousand Dollars ($5,000.00) for each such

violation.

Oklahoma Statutes - Title 2. Agriculture

I. Land application of poultry litter in compliance with a

current Nutrient Management Plan shall not be the basis for criminal

or civil liability in this state, whether relating to that single

plan, or aggregated with the application of poultry waste pursuant

to other Nutrient Management Plans. An administrative violation

shall not be the basis for a criminal or civil action, nor shall any

alleged violation be the basis for any private right of action, nor

any action other than enforcement of the terms of the Nutrient

Management Plan and other sections of this title by the Oklahoma

Department of Agriculture, Food, and Forestry. A current plan means

a plan approved by the Oklahoma Department of Agriculture, Food, and

Forestry that has not been revoked or rescinded by the state or

suspended by a more recent plan.

1. The provisions of this subsection shall apply both directly

and vicariously to the integrator with whom a contract poultry

grower contracts, and to any poultry grower, operator, contractor

of, or employee for a certified poultry waste applicator or a

poultry waste owner’s agent, as long as the land application is

performed pursuant to and in compliance with the current Nutrient

Management Plan.

2. Compliance with a current Nutrient Management Plan, as

determined by the Oklahoma Department of Agriculture, Food, and

Forestry, shall create a presumption that no violation of this

section has occurred and shall insulate the poultry grower,

integrator, and waste applicator from any private right of action

and shall constitute express authority for purposes of Section 4 of

Title 50 of the Oklahoma Statutes.

3. Nothing in this subsection shall be construed to restrict

the Oklahoma Department of Agriculture, Food, and Forestry’s

exclusive authority from enforcing the terms of Nutrient Management

Plans or the Department’s authority to enforce the Oklahoma

Registered Poultry Feeding Operations Act and the Oklahoma Poultry

Waste Applicators Certification Act.

4. Nothing in this subsection shall be construed to prohibit a

civil action as otherwise provided by law for any damages caused by

a violation of a Nutrient Management Plan. A civil action shall

only be filed upon the completion of an enforcement action by the

State Board of Agriculture.

Added by Laws 1998, c. 232, § 11, eff. July 1, 1998. Amended by

Laws 2015, c. 313, § 9, eff. July 1, 2015; Laws 2024, c. 372, § 3.

§2-10-9.12. Promulgation of rules.

A. The State Board of Agriculture shall promulgate rules for

the administration, implementation, and enforcement of the Oklahoma

Registered Poultry Feeding Operations Act.

Oklahoma Statutes - Title 2. Agriculture

B. For the performance of its duties and responsibilities, the

Board is authorized to employ such personnel and agents as may be

required within the funds available.

Added by Laws 1998, c. 232, § 12, eff. July 1, 1998. Amended by

Laws 2013, c. 227, § 2, eff. Nov. 1, 2013; Laws 2015, c. 313, § 10,

eff. July 1, 2015.

§2-10-9.13. Short title - Oklahoma Poultry Waste Transfer Act Purpose.

A. Sections 10-9.13 through 10-9.15 of this title shall be

known and may be cited as the "Oklahoma Poultry Waste Transfer Act".

The purpose of this act shall be to encourage the transfer of

poultry waste out of designated nutrient-limited watersheds and

nutrient-vulnerable groundwater as designated in the most recent

Oklahoma Water Quality Standards.

B. The Oklahoma Department of Agriculture, Food, and Forestry

shall develop a plan to encourage the transfer of poultry waste out

of designated nutrient-limited watersheds and nutrient-vulnerable

groundwater as designated by the most recent Oklahoma Water Quality

Standards.

Added by Laws 1998, c. 232, § 13, eff. July 1, 1998. Amended by

Laws 2015, c. 313, § 11, eff. July 1, 2015.

§2-10-9.14. Poultry Waste Transfer Fund.

A. There is hereby created in the State Treasury a fund for the

Oklahoma Department of Agriculture, Food, and Forestry to be

designated as the Poultry Waste Transfer Fund. The fund shall be a

continuing fund not subject to fiscal year limitations and shall

consist of:

1. All monies received by the Department for implementing the

purpose of the provisions of the Oklahoma Poultry Waste Transfer

Act;

2. Interest attributable to investment of money in the Poultry

Waste Transfer Fund; and

3. Money received by the Department in the form of gifts,

grants, reimbursements, or from any other source intended to be used

for the purposes specified by or collected pursuant to the

provisions of the Poultry Waste Transfer Fund.

B. The monies deposited in the Poultry Waste Transfer Fund

shall at no time become monies of the state and shall not become

part of the general budget of the Department or any other state

agency. Except as provided for in this section, no monies from the

Poultry Waste Transfer Fund shall be transferred for any purpose to

any other state agency or any account of the Department or be used

for the purpose of contracting with any other state agency or

reimbursing any other state agency for any expense.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1998, c. 232, § 14, eff. July 1, 1998.

Laws 2015, c. 313, § 12, eff. July 1, 2015.

§2-10-9.15.

Amended by

Repealed by Laws 2015, c. 313, § 24, eff. July 1, 2015.

§2-10-9.16. Short title - Oklahoma Poultry Waste Applicators

Certification Act.

Sections 10-9.16 through 10-9.21 of this title shall be known

and may cited as the "Oklahoma Poultry Waste Applicators

Certification Act".

Added by Laws 1998, c. 232, § 16, eff. July 1, 1998. Amended by

Laws 2015, c. 313, § 13, eff. July 1, 2015.

§2-10-9.17. Applicator's certificates - Application - Renewal Violation - Fees.

A. It shall be unlawful and a misdemeanor punishable by a fine

of not more than Five Thousand Dollars ($5,000.00) for any person to

act, operate, or do business or advertise as a commercial poultry

waste applicator or to land-apply poultry waste as a private poultry

waste applicator unless such person has obtained a valid

applicator’s certificate issued by the Oklahoma Department of

Agriculture, Food, and Forestry.

B. Applicator’s certificates shall be issued by the Department

to applicants who qualify under the provisions of the Oklahoma

Poultry Waste Applicators Certification Act.

C. Certificates shall be issued only upon application therefor

to the Department on a form of application prescribed by the

Department. The application shall contain information regarding the

applicant’s qualifications and proposed operations and such other

information as may be specified by the Department.

D. A certificate shall be issued only after satisfactory

completion of such certification standards as determined by the

Department.

E. 1. The Department shall issue a commercial applicator

certificate for a five-year period if a properly completed

application is filed with the Department not later than the first

day of January of the subsequent five-year period. A registration

fee of Seventy-Five Dollars ($75.00) shall accompany every initial

and renewal application for certification.

2. The Department shall issue a private applicator certificate

for a five-year period if a properly completed application is filed

with the Department not later than the first day of January of the

subsequent five-year period. A registration fee of Fifteen Dollars

($15.00) shall accompany every initial and renewal application for

certification. The Fifteen Dollar ($15.00) registration and renewal

fee shall be waived if the private applicator is also registered

pursuant to the Oklahoma Registered Poultry Feeding Operations Act.

Oklahoma Statutes - Title 2. Agriculture

3. The Department shall issue all certificates for five-year

periods beginning January 1, 2025, and expiring on December 31,

2029, followed by successive five-year periods.

4. All such fees shall be deposited in the Agriculture

Regulation Revolving Fund to be used for the purpose of implementing

the provisions of the Oklahoma Registered Poultry Feeding Operations

Act and the Oklahoma Poultry Waste Applicators Certification Act.

F. Any person issued an applicator’s certificate shall comply

with the education provisions of subsection F of Section 10-9.5 of

this title.

Added by Laws 1998, c. 232, § 17, eff. July 1, 1998. Amended by

Laws 2000, c. 367, § 126, emerg. eff. June 6, 2000; Laws 2011, c.

55, § 2, eff. Jan. 1, 2012; Laws 2015, c. 313, § 14, eff. July 1,

2015; Laws 2024, c. 165, § 1, eff. Nov. 1, 2024.

§2-10-9.18. Report regarding all poultry waste land-applied.

A. Every certified poultry waste applicator shall file by

September 1 of each year an annual report with the Oklahoma

Department of Agriculture, Food, and Forestry regarding all poultry

waste land-applied by such applicator for the period from July 1 of

the previous year through June 30 of that year. The report shall

contain the following information:

1. The legal description and county where the poultry waste was

produced;

2. The legal description and county where the poultry waste was

land-applied;

3. Date of each application;

4. Total and per-acre amount of each application;

5. Name, address, and telephone number of the person for whom

poultry waste was applied;

6. The most recent soil test results obtained; and

7. Such other information as may be required by the State Board

of Agriculture.

B. The Department shall make available forms to be used in

making such report.

C. Applicators who seek to obtain a renewal certificate shall

submit the report with their application for renewal. No renewal

certificate may be issued without submission of this report.

Added by Laws 1998, c. 232, § 18, eff. July 1, 1998. Amended by

Laws 2015, c. 313, § 15, eff. July 1, 2015.

§2-10-9.19. Land application of poultry waste - Tests – Rate Rules.

1. Prior to any land application of poultry waste by a

certified poultry waste applicator, the applicator shall obtain the

most recent soil and poultry waste tests as required by the Oklahoma

Poultry Waste Applicators Certification Act.

Oklahoma Statutes - Title 2. Agriculture

2. Land application of poultry waste in a non-nutrient-limited

watershed and non-nutrient-vulnerable groundwaters shall not be made

at any rate which exceeds the Department's promulgated standards for

land application of poultry waste.

3. The Oklahoma Department of Agriculture, Food, and Forestry

may promulgate rules pursuant to the Administrative Procedures Act

which will prohibit the land application of poultry waste in

nutrient-limited watersheds and nutrient-vulnerable groundwaters

based upon lower soil phosphorous levels than are allowed in this

section for non-nutrient-limited watersheds and non-nutrientvulnerable groundwaters.

Added by Laws 1998, c. 232, § 19, eff. July 1, 1998. Amended by

Laws 2000, c. 367, § 127, emerg. eff. June 6, 2000; Laws 2015, c.

313, § 16, eff. July 1, 2015; Laws 2022, c. 239, § 2, emerg. eff.

May 11, 2022.

§2-10-9.19a. Land application of poultry waste – Compliance with

animal waste management and conservation plans.

Land application of poultry waste, whether performed by a

private or commercial poultry waste applicator, shall comply at all

times with the provisions set forth in:

1. The Nutrient Management Plan, if application is conducted on

land operated by a registered poultry feeding operation; and

2. The Conservation Plan, if application is conducted on land

operated by entities not regulated pursuant to the Oklahoma

Registered Poultry Feeding Operations Act and is located in a

nutrient-limited watershed.

Added by Laws 2002, c. 65, § 2. Amended by Laws 2015, c. 313, § 17,

eff. July 1, 2015.

§2-10-9.20. Administration and enforcement of act - Rules and

standards - Reciprocal agreements - Test samples.

A. The Oklahoma Department of Agriculture, Food, and Forestry

shall administer and enforce the provisions of the Oklahoma Poultry

Waste Applicators Certification Act and shall promulgate rules and

standards for the application of poultry waste, work performance,

the certification of applicators of poultry waste, recertification

of applicators, procedures, and best management practices.

B. The State Board of Agriculture shall have the authority to

negotiate reciprocal agreements with the federal government or any

state, or any department or agency of either for the purpose of

fulfilling the intent of the Oklahoma Poultry Waste Applicators

Certification Act.

C. The Department may take samples of poultry waste and soil at

application sites in order to determine their concentration. The

work of each applicator may be inspected at the application site of

each applicator to determine whether or not the work is performed

Oklahoma Statutes - Title 2. Agriculture

according to the provisions of the Oklahoma Poultry Waste

Applicators Certification Act.

Added by Laws 1998, c. 232, § 20, eff. July 1, 1998. Amended by

Laws 2015, c. 313, § 18, eff. July 1, 2015.

§2-10-9.21. Suspension, cancellation, denial or revocation of

certificate.

A. Any certificate issued pursuant to the Oklahoma Poultry

Waste Applicators Certification Act may be suspended, canceled,

denied, or revoked by the Oklahoma Department of Agriculture, Food,

and Forestry after notice and an opportunity to be heard has been

given to the holder of the certificate.

B. Suspension, cancellation, denial or revocation of a

certificate may be made if the Department finds the holder of the

certificate:

1. Has used methods of poultry waste not suitable or safe for

the land-application site for which they shall have been employed;

2. Has failed or refused to furnish the Oklahoma Department of

Agriculture, Food, and Forestry, upon request, true information

regarding methods and safety measures used, work performed, or other

information deemed essential by the Department, or has made any

false statement or representation in such person's application for

issuance or renewal of a certificate;

3. Has violated any state law, rule, or standard prescribed or

order issued by the State Board of Agriculture;

4. Has failed or refused to file annual reports as specified in

the Oklahoma Poultry Waste Applicators Certification Act;

5. Has failed to perform work according to minimum standards

authorized by the Oklahoma Poultry Waste Applicators Certification

Act;

6. Has acted, operated, done business, or advertised as a

commercial applicator without having obtained a valid certificate

issued by the Department;

7. Has acted or operated as a private applicator without having

obtained a valid private poultry waste applicator certificate issued

by the Department;

8. Has not complied with the education provisions of subsection

F of Section 10-9.5 of this title; or

9. Has been convicted in any court of a violation of the

Oklahoma Poultry Waste Applicators Certification Act.

Added by Laws 1998, c. 232, § 21, eff. July 1, 1998. Amended by

Laws 2000, c. 367, § 128, emerg. eff. June 6, 2000; Laws 2011, c.

55, § 3, eff. Jan. 1, 2012; Laws 2015, c. 313, § 19, eff. July 1,

2015.

§2-10-9.22.

Repealed by Laws 2015, c. 313, § 25, eff. July 1, 2015.

Oklahoma Statutes - Title 2. Agriculture

§2-10-9.23. Report of educational activities - Evaluation of

effectiveness of curriculum.

The Oklahoma Cooperative Extension Service shall provide to the

Secretary of the Environment no later than January 31 of each year a

written report of their educational activities involving poultry

operators and waste applicators pursuant to this act. This report

shall include, but not be limited to:

1. The number of operators and applicators enrolled in courses

required in the first year listed by county;

2. The number of operators successfully completing such courses

listed by county;

3. The number of operators and applicators enrolled in courses

required in subsequent years listed by county; and

4. The number of operators successfully completing such courses

listed by county.

The Secretary of the Environment shall use the data provided in this

report along with water quality monitoring and other environmental

data to evaluate the effectiveness of the curriculum offered. The

Secretary shall work in conjunction with the Oklahoma Cooperative

Extension Service to correct any course deficiencies identified in

the evaluation.

Added by Laws 1998, c. 232, § 23, eff. July 1, 1998. Amended by

Laws 2015, c. 313, § 20, eff. July 1, 2015.

§2-10-9.24. Agriculture Regulation Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Department of Agriculture, Food, and Forestry to be

designated the "Agriculture Regulation Revolving Fund". The fund

shall be a continuing fund, not subject to fiscal year limitations,

and shall consist of fees and fines assessed on concentrated animal

feeding operations, registered poultry feeding operations, and any

other monies deposited in this fund pursuant to law. All monies

accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the Oklahoma Department of Agriculture,

Food, and Forestry for the regulation, enforcement, and

administration of the Oklahoma Department of Agriculture, Food, and

Forestry Water Quality Division. Expenditures from the fund shall

be made upon warrants issued by the State Treasurer against claims

filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.

Added by Laws 1998, c. 232, § 24, eff. July 1, 1998. Amended by

Laws 2012, c. 304, § 9.

§2-10-9.25. Severability.

The provisions of this act are severable and if any part or

provision shall be held void the decision of the court so holding

Oklahoma Statutes - Title 2. Agriculture

shall not affect or impair any of the remaining parts or provisions

of this act.

Added by Laws 1998, c. 232, § 26, eff. July 1, 1998.

§2-10-10.1. Short title.

This act shall be known and may be cited as the “Eucha-Spavinaw

Management Act”.

Added by Laws 2007, c. 251, § 1, eff. July 1, 2007.

§2-10-10.2. Definitions.

As used in the Eucha-Spavinaw Management Act:

1. “Animal waste management plan” or “AWMP” means a written

plan that includes a combination of conservation and management

practices designed to protect the natural resources of the state as

required by the Oklahoma Department of Agriculture, Food, and

Forestry pursuant to the provisions of Section 10-9.7 of Title 2 of

the Oklahoma Statutes;

2. “Application site” means any tract of land in the EuchaSpavinaw Watershed where poultry waste is land applied;

3. “Board” means the State Board of Agriculture;

4. “City of Tulsa Case” means the federal court proceeding Case

No. 01 CV0900EA(C), filed in the United States District Court for

the Northern District of Oklahoma in December, 2001;

5. “Department” means the Oklahoma Department of Agriculture,

Food, and Forestry;

6. “Eucha-Spavinaw phosphorous index (PI)” means the phosphorus

assessment tool adopted by the court in the City of Tulsa Case by

court order entered on February 13, 2004, developed to govern the

terms and conditions under which litter may be land applied in the

Eucha-Spavinaw Watershed, and includes any modifications approved

and adopted by the court in that case, or as approved and adopted by

the Board in accordance with its rule-making procedures. Provided

however, the Board shall not amend the PI to make it less protective

of the waters of the state than the PI adopted by the court in the

City of Tulsa Case;

7. “Eucha-Spavinaw Watershed” means the watershed for Lakes

Eucha and Spavinaw located in Delaware County and Mayes County,

Oklahoma, as further defined by Hydrologic Unit Code (HUC) 11070206

as compiled by the United States Geological Survey, Natural

Resources Conservation Services;

8. "Land application" means the spreading on, or the

incorporation into, the soil mantle primarily for beneficial

purposes;

9. “Poultry Act” means the Oklahoma Registered Poultry Feeding

Operations Act, the Oklahoma Poultry Waste Transfer Act, and the

Oklahoma Poultry Waste Applicators Certification Act, either

separately or collectively;

Oklahoma Statutes - Title 2. Agriculture

10. “Poultry waste” means poultry excrement, poultry carcasses,

feed wastes, or any other waste associated with the confinement of

poultry from a poultry feeding operation; and

11. “Settlement Agreement” means the settlement agreement dated

July 16, 2003, between the parties in the City of Tulsa Case.

Added by Laws 2007, c. 251, § 2, eff. July 1, 2007.

§2-10-10.3. Purpose - Application - Construction.

A. It shall be the purpose of the Eucha-Spavinaw Management Act

to preserve and promote the purposes and agreements of the parties

set forth in the Settlement Agreement with regard to the EuchaSpavinaw Watershed. Provided, nothing in this act is intended or

shall be construed as an amendment to the Settlement Agreement or

the rights and duties granted the parties therein.

B. The Eucha-Spavinaw Management Act shall apply to all persons

utilizing poultry waste for land application purposes in the EuchaSpavinaw Watershed and shall only apply to the Eucha-Spavinaw

Watershed.

C. The Eucha-Spavinaw Management Act shall be construed in

harmony with the purpose, intent and provisions of all other

applicable state or federal laws, rules and regulations that

preserve and protect the waters of the state, public health and

safety and the environment including, but not limited to, Title 2

and Title 27A of the Oklahoma Statutes.

Added by Laws 2007, c. 251, § 3, eff. July 1, 2007.

§2-10-10.4. Administration by Board of Agriculture - Board

authorized to accept gifts.

A. The Eucha-Spavinaw Management Act shall be administered and

enforced by the State Board of Agriculture and the Oklahoma

Department of Agriculture, Food, and Forestry pursuant to the

Poultry Act.

B. In addition to any legislative appropriation allocated to

the Board or Department for normal operations and duties, the Board

or Department is hereby authorized to accept any gift or donation of

property, including but not limited to monetary gifts, to carry out

the provisions of the Eucha-Spavinaw Management Act.

Added by Laws 2007, c. 251, § 4, eff. July 1, 2007.

§2-10-10.5. Land application rate - Soil and waste testing.

A. The land application rate for all poultry waste in the

Eucha-Spavinaw Watershed shall be specified in the animal waste

management plan and shall follow the requirements and limitations of

the applicable Eucha-Spavinaw phosphorous index (PI).

B. Soil testing and poultry waste testing shall be performed in

the Eucha-Spavinaw Watershed in the manner and frequency prescribed

Oklahoma Statutes - Title 2. Agriculture

in the Poultry Act for nutrient-limited watersheds and the records

shall be maintained as prescribed in the Poultry Act.

Added by Laws 2007, c. 251, § 5, eff. July 1, 2007.

§2-10-21. State Poultry Show - Expenses - Two divisions.

There is hereby established in the State of Oklahoma a State

Poultry Show, which shall be held annually under the supervision of

the Oklahoma State Poultry Federation. The show shall be held each

year at a central point in the State of Oklahoma designated by the

Oklahoma State Poultry Federation. Expenses may be paid from any

funds that have been made available for that purpose to the State

Department of Agriculture or the State Board of Agriculture on

claims approved by the Board. The State Poultry Show shall be

divided into two divisions:

1. Adult or Open Division. Any person raising poultry may

exhibit in the Division. Entry fees and premiums shall be fixed by

the Board in cooperation and after consultation with the Oklahoma

State Poultry Federation or its representatives. Nonresident

exhibitor premiums shall be paid from entry fees collected by the

Oklahoma State Poultry Federation; and

2. Junior Division. An exhibitor in the division shall be a

boy or girl between the ages of nine (9) and nineteen (19) years.

Participation in the Junior Divisions of all contests in school

district, county, and state poultry and egg shows shall be limited

to specimens of poultry and eggs actually produced and raised by

school children of that district, county, and the state,

respectively.

Added by Laws 1955, p. 93, art. 10(B), § 1. Amended by Laws 1994,

c. 126, § 1, emerg. eff. May 2, 1994; Laws 2000, c. 367, § 129,

emerg. eff. June 6, 2000.

§2-10-22.

Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.

§2-10-23. County poultry show - Funds.

The board of county commissioners of each county in the state

may include in its annual estimate of needs a sum of not less than

Two Hundred Fifty Dollars ($250.00) for a county poultry show, which

may be placed in a separate fund to be known as the "county poultry

show fund". The county excise board shall make a sufficient

appropriation and levy for such purpose. The county poultry show

fund shall be used in holding an annual county poultry show. The

show shall be held by the county branch of the Oklahoma State

Poultry Federation. All expenditures from the fund shall be

approved by the board of county commissioners.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1955, p. 94, art. 10(B), § 3. Amended by Laws 1994,

c. 126, § 2, emerg. eff. May 2, 1994; Laws 2000, c. 367, § 130,

emerg. eff. June 6, 2000.

§2-10-24.

Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993.

§2-10-25. Premiums and expenses.

At least sixty percent (60%) of any amount made available for

the state show or any county show shall be used to pay premiums and

to defray expenses for the junior division of the show. The

remainder shall be used to pay premiums and to defray expenses for

the adult or open division.

Added by Laws 1955, p. 94, art. 10(B), § 5. Amended by Laws 2000,

c. 367, § 131, emerg. eff. June 6, 2000.

§2-10-26. State-wide broiler show.

In order to promote greater interest in the production of high

quality broilers in the State of Oklahoma, particularly among the

junior members of farm organizations, including the FFA and 4-H

Clubs, there is established in the State of Oklahoma an annual

state-wide broiler show. The show shall be organized and operated

in cooperation with various recognized associations within the State

of Oklahoma by the State Board of Agriculture.

Added by Laws 1957, p. 10, § 1. Amended by Laws 1994, c. 126, § 3,

emerg. eff. May 2, 1994; Laws 2000, c. 367, § 132, emerg. eff. June

6, 2000.

§2-10-27. Time and place – Rules - Premiums.

The State Board of Agriculture is authorized to designate the

exact time and place where the state-wide broiler show shall be held

and make rules governing the operation of the show and the fixing of

premiums to be paid to various exhibitors.

Added by Laws 1957, p. 10, § 2. Amended by Laws 2000, c. 367, §

133, emerg. eff. June 6, 2000.

§2-10-28. Fees.

A fee not to exceed Two Dollars ($2.00) per entry at each

broiler show may be charged to all exhibitors. Exhibitors under the

age of eighteen (18) shall be permitted to exhibit without payment.

Added by Laws 1957, p. 10, § 3. Amended by Laws 2000, c. 367, §

134, emerg. eff. June 6, 2000.

§2-10-29.

1996.

Repealed by Laws 1996, c. 138, § 8, emerg. eff. May 1,

§2-10-30.

Premiums to junior exhibitors.

Oklahoma Statutes - Title 2. Agriculture

A maximum of eighty-five percent (85%) of the funds appropriated

for the state-wide broiler show shall be used to pay premiums to

junior exhibitors.

Added by Laws 1957, p. 11, § 5. Amended by Laws 2000, c. 367, §

135, emerg. eff. June 6, 2000.

§2-10-41.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-42.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-61.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-62.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-63.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-64.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-65.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-66.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-67.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-68.

2000.

Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6,

§2-10-71. Definitions.

As used in this subarticle:

1. “Ambient temperature” means the atmospheric temperature

surrounding or encircling shell eggs;

2. “Case” means thirty (30) dozen eggs or any container

designed to hold thirty (30) dozen eggs;

3. “Consumer” means any person using eggs for food and

including, but not limited to, restaurants, hotels, cafeterias,

hospitals, state institutions, or any other establishment serving

food to be consumed on the premises. The term “consumer” shall not

Oklahoma Statutes - Title 2. Agriculture

include the armed forces or any other federal agency or institution

where federal egg grade certificates are issued;

4. “Container” means any receptacle or packaging in which eggs

are dispensed to consumers;

5. “Dealer” means any person engaged in the wholesale marketing of

eggs. A dealer may also sell eggs to the consumer but shall not be

considered a retailer;

6. “Eggs” means raw eggs in the shell that are the product of

the domesticated chicken or egg products manufactured from raw eggs

and intended for human consumption;

7. “Expiration date” means the date the eggs are to be removed

from sale;

8. “Pack-date” means the date that the eggs were placed in the

container;

9. “Packer” means any person who grades or packs eggs for sale

to dealers, retailers, or consumers within the state. A packer may

sell eggs to consumers but shall not be considered a dealer;

10. “Processor” means any person who operates a plant for the

purpose of breaking or boiling eggs for liquid, freezing, drying, or

commercial food manufacturing; and

11. “Retailer” means any person who sells eggs to a consumer.

Added by Laws 1957, p. 6, § 1. Amended by Laws 1985, c. 74, § 1,

emerg. eff. May 20, 1985; Laws 1998, c. 272, § 1, eff. Nov. 1, 1998;

Laws 2000, c. 243, § 41, emerg. eff. May 24, 2000. Renumbered from

§ 5-21 of this title by Laws 2000, c. 243, § 126, emerg. eff. May

24, 2000.

§2-10-72. Pack-date and expiration date.

A. A pack-date may be in a three-digit Julian date or a

calendar date.

B. An expiration date shall be used on the container, the date

shall be preceded by “EXP”, “sell by”, or “use through”.

Added by Laws 1985, c. 74, § 2, emerg. eff. May 20, 1985. Amended

by Laws 1998, c. 272, § 2, eff. Nov. 1, 1998; Laws 2000, c. 243, §

42, emerg. eff. May 24, 2000. Renumbered from § 5-21.1 of this

title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

Amended by Laws 2002, c. 173, § 8, emerg. eff. May 6, 2002.

§2-10-72.1. Shell eggs not processed to destroy salmonellae – Safe

handling instruction.

Shell eggs that have not been specifically processed to destroy

all live salmonellae before distribution to the consumer shall

require that the retail establishments include the following safe

handling statement on the label of the shell egg container:

SAFE HANDLING INSTRUCTION: To prevent illness from bacteria:

keep eggs refrigerated, cook eggs until yolks are firm and cook

foods containing eggs thoroughly.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 2002, c. 173, § 9, emerg. eff. May 6, 2002.

§2-10-73. Refrigeration.

A. Eggs at the retail level shall be refrigerated at an ambient

temperature of forty-five degrees (45°) Fahrenheit or lower. Eggs

shall not be allowed to freeze.

B. Eggs stored at the packer's facility that are intended for

sale to the consumer shall be held at a temperature in accordance

with the USDA standards.

C. Except as provided in this section, eggs intended for sale

to the consumer shall be stored and transported under refrigeration

at an ambient temperature of forty-five degrees (45°) Fahrenheit or

lower. All containers of shell eggs packed for the purpose of

resale to the consumer are to be labeled with the following

statement: “Keep refrigerated at or below 45 degrees Fahrenheit”.

This should be done at time of grading.

D. 1. Eggs being transported or held at retail or dealer

locations without proper refrigeration may be destroyed or shipped

to an egg processor.

2. Destruction or shipment of eggs as required by this

subsection shall be under the supervision of an authorized agent of

the Board.

3. Packers shall not be responsible for the interior quality of

eggs if all handling procedures in this section are not followed by

all parties after the sale of the eggs by the packer.

E. At retail locations a sign furnished by the Oklahoma

Department of Agriculture, Food, and Forestry stating the proper

procedure for storage and handling of eggs shall be permanently

displayed at a location easily seen by egg-handling employees.

Added by Laws 1998, c. 272, § 3, eff. Nov. 1, 1998. Amended by Laws

2000, c. 243, § 43, emerg. eff. May 24, 2000. Renumbered from § 521.2 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000. Amended by Laws 2002, c. 173, § 10, emerg. eff. May 6, 2002.

§2-10-74. Application of subarticle.

The provisions of this subarticle shall apply only to eggs

bought or sold for human food or consumption by humans.

Added by Laws 1957, p. 6, § 2. Amended by Laws 2000, c. 243, § 44,

emerg. eff. May 24, 2000. Renumbered from § 5-22 of this title by

Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-10-75. Standards.

A. The United States Department of Agriculture egg standards of

size and quality shall be used as minimum standards for the State of

Oklahoma.

Oklahoma Statutes - Title 2. Agriculture

B. Standards for egg products shall be the “Egg Products

Inspection Act” (P.L. 91-597, 84 Stat. 1620 et seq.) including all

amendments thereto.

Added by Laws 1957, p. 6, § 3. Amended by Laws 1965, c. 454, § 1;

Laws 1998, c. 272, § 4, eff. Nov. 1, 1998; Laws 2000, c. 243, § 45,

emerg. eff. May 24, 2000. Renumbered from § 5-23 of this title by

Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-10-76. Methods of grading.

All grading shall be performed as prescribed by the State Board

of Agriculture.

Added by Laws 1957, p. 6, § 4. Amended by Laws 2000, c. 243, § 46,

emerg. eff. May 24, 2000. Renumbered from § 5-24 of this title by

Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-10-77. Acts constituting violations of subarticle.

It shall be a violation of this subarticle for any person other

than those exempted in Section 10-77 of the Oklahoma Agricultural

Code:

1. To sell, display for sale, or offer for sale eggs below the

quality of “Oklahoma Grade B” to consumers;

2. To sell, display for sale, or offer for sale eggs to

consumers unless the container shows the pack-date and indicates the

correct size and grade in boldface legible letters with no other

descriptive wording. Descriptive wording is permitted if the eggs

are not below the quality of “Oklahoma Grade A” and the descriptive

wording is not false or misleading;

3. To sell, display for sale, or offer for sale eggs to

consumers unless the container exterior bears one of the following

acceptable methods:

a.

USDA plant number assigned by USDA, AMS while plant is

under contract for official grading service,

b.

Oklahoma state permit number as assigned by the

Oklahoma Department of Agriculture, Food, and

Forestry,

c.

packer name with complete address of the location

where eggs were packed, and

d.

USDA shell egg surveillance registrant number

including state code and handler code. Example: 05

0267 NOTE: The shell egg surveillance registrant

number contains a state code, county code, and handler

code. Do not include the county code, only state and

handler code;

4. To falsely or deceptively label, mark, advertise, or invoice

eggs;

5. To advertise eggs for sale with any descriptive wording,

except official grade designations, unless the eggs meet the quality

Oklahoma Statutes - Title 2. Agriculture

requirements of “Oklahoma Grade A” or “Oklahoma Grade AA”, or to

state a price when advertising eggs without also designating the

full, correct, and unabbreviated grade and size;

6. To store graded eggs at a higher ambient temperature than

specified in Section 10-73 of this title, including “Grade B” and

above, which are in the person's possession for sale or resale to

consumers;

7. To sell, display for sale, or offer for sale eggs to

consumers in a container that does not bear the permit number of the

packer or processor showing that the inspection fee has been paid;

8. To use a retail egg container more than one time;

9. To do business as a packer, processor, retailer, or dealer

of eggs without first obtaining a license from the Board;

10. To fail or neglect to pay any license or inspection fee, to

fail or neglect to file the monthly inspection fee report when

required, or to file a false monthly report of the quantity of eggs

packed for sale during any month;

11. To refuse any authorized agent of the Board entry to any

premises or deny access to records or product when conducting

inspections, investigations, or audits made pursuant to this

subarticle;

12. To sell, display for sale, or offer for sale eggs to

consumers below Grade “A” with any descriptive wording other than

the correct grade as provided by the United States Department of

Agriculture standards for shell eggs; or

13. For any packer or dealer to sell eggs intended for sale in

Oklahoma to another packer, dealer, or retailer who does not hold an

appropriate Oklahoma license.

Added by Laws 1957, p. 6, § 5. Amended by Laws 1961, p. 4, § 1,

emerg. eff. Aug. 7, 1961; Laws 1965, c. 179, § 1; Laws 1985, c. 74,

§ 3, emerg. eff. May 20, 1985; Laws 1998, c. 272, § 5, eff. Nov. 1,

1998; Laws 2000, c. 243, § 47, emerg. eff. May 24, 2000. Renumbered

from § 5-25 of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000. Amended by Laws 2002, c. 173, § 11, emerg. eff. May

6, 2002.

§2-10-78. Sale of eggs produced on farm directly to consumer not

prohibited.

A. Oklahoma producers of eggs selling ungraded eggs from their

own flock production are exempt from this subarticle. Nothing in

this subarticle shall prohibit the sale of eggs produced on the farm

and sold direct to the consumer. Eggs sold under this section shall

be produced by hens maintained on the farm from which the eggs are

sold.

B. A producer may sell graded eggs if in compliance with this

subarticle.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1961, p. 5, § 2. Amended by Laws 2000, c. 243, § 48,

emerg. eff. May 24, 2000. Renumbered from § 5-25.1 of this title by

Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-10-79. Enforcement of subarticle.

A. The State Board of Agriculture and authorized agents shall

enforce the provisions of this subarticle. The Board shall

promulgate the necessary rules to carry out the provisions of this

subarticle.

B. Any authorized agent of the Board may enter any place of

business within the state where any eggs are bought, sold, graded,

or held and may take for inspection purposes samples of eggs and egg

containers.

C. Any authorized agent of the Board may seize and hold as

evidence any eggs displayed or offered for sale in violation of any

provisions of this subarticle.

Added by Laws 1957, p. 7, § 6. Amended by Laws 1998, c. 272, § 6,

eff. Nov. 1, 1998; Laws 2000, c. 243, § 49, emerg. eff. May 24,

2000. Renumbered from § 5-26 of this title by Laws 2000, c. 243, §

126, emerg. eff. May 24, 2000.

§2-10-80. Samples of lots or containers.

The State Board of Agriculture shall establish methods for

selecting samples which are representative of entire lots or

containers of eggs. Any sample inspected or official certificate of

the grade and size of the eggs by the Board shall be prima facie

evidence of the correct grade, size, and condition of the entire

lot.

Added by Laws 1957, p. 7, § 7. Amended by Laws 2000, c. 243, § 50,

emerg. eff. May 24, 2000. Renumbered from § 5-27 of this title by

Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-10-81. Licenses - Application - Fees - Term - Renewal Inspection fee - Records - Annual audit - Report of fees due and

payable.

A. No person shall be issued a license to handle eggs

commercially unless an application has been properly filed on a form

provided by the State Board of Agriculture, and the annual license

fee has been paid. The license shall not be transferable.

1. A state egg dealer's license shall be Thirty-five Dollars

($35.00).

2. An egg packer or processor license shall be Thirty-five

Dollars ($35.00).

3. Each license shall expire annually on the last day of the

anniversary month in which the license was issued. The Board shall

adjust the anniversary date to provide for efficient administration.

4. Each location shall require a separate license.

Oklahoma Statutes - Title 2. Agriculture

5. Packers residing within the state who package eggs intended

solely for distribution sale or resale outside the state shall

obtain a license except the packer shall be exempt from all fee and

reporting requirements. A packer shall be subject to all

inspections, record keeping, and audits.

6. If a license expires and is not renewed within thirty (30)

days of its expiration, the applicant for renewal shall pay a

penalty. The penalty shall be an amount equal and in addition to

the license fee.

B. Each packer or processor shall pay an inspection fee of

three (3) mills per dozen on all eggs that are processed, graded,

packed, or repacked which are intended for sale to consumers in this

state.

1. There shall be a nine-cent ($0.09) per case inspection fee

on all egg products sold or shipped into the state.

2. All egg products processors shall pay the inspection fees on

all processed eggs sold or used for human consumption in the state

based on the following formula:

a.

thirty-six (36) pounds of frozen or liquid eggs equals

a thirty-dozen case of shell eggs,

b.

nine (9) pounds of dried eggs equals a thirty-dozen

case of shell eggs,

c.

two (2) containers of boiled eggs weighing twenty (20)

to twenty-five (25) pounds each equals a thirty-dozen

case of shell eggs, and

d.

fifty (50) pounds of cooked or diced eggs equals a

thirty-dozen case of shell eggs.

C. 1. Packers, processors and dealers shall keep records of

eggs graded, packed, distributed, or sold as required by the State

Board of Agriculture.

2. Records shall be maintained for three (3) years. The Board

shall have access to all required records of any applicant for a

license.

3. The Board shall audit the records of packers who report and

pay monthly fees at least once every three (3) years. The packer

shall reimburse to the Board for travel expenses incurred in

conducting the required annual audit. The costs of audits other

than the required annual audit shall be paid by the Board.

D. 1. Packers paying inspection fees on a monthly basis shall

prepare a report of all fees due as of the last day of each month.

The report and fee payment shall be due no later than the fifteenth

day of the following month.

2. Reports shall contain the quantity of eggs packed and

intended for sale or resale in the state, the names of the dealers

for whom the eggs were packed or to whom the eggs were sold or

delivered, and all other information required by the Board.

Oklahoma Statutes - Title 2. Agriculture

3. Reports provided to the Board pursuant to this section shall

not be public information and may be used only for administration of

this article. Reports may be used for statistical information if

specific packers are not identified by name or implication.

4. If a report is not filed and the fees are not paid within

thirty (30) days of the due date, the packer shall pay a penalty of

two percent (2%) of the fees due for each additional day the fees

are late. If the report is not filed and the fees are not paid

within sixty (60) days of the due date, the amount of the penalty

shall be an amount equal and in addition to the amount of the fees

due.

Added by Laws 1957, p. 7, § 8. Amended by Laws 1985, c. 74, § 4,

emerg. eff. May 20, 1985; Laws 1988, c. 133, § 1, emerg. eff. April

15, 1988; Laws 1993, c. 278, § 17, operative Sept. 1, 1993; Laws

1998, c. 272, § 7, eff. Nov. 1, 1998; Laws 2000, c. 243, § 51,

emerg. eff. May 24, 2000. Renumbered from § 5-28 of this title by

Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000. Amended by Laws

2002, c. 173, § 12, emerg. eff. May 6, 2002.

§2-10-91. Definitions.

As used in this subarticle:

1. "Consumer" means any person using poultry for food, and

shall include restaurants, hotels, cafeterias, hospitals, state

institutions, and/or any other establishment serving food to be

consumed on the premises;

2. "Federal inspection" means the poultry inspection service

conducted by the poultry inspection branch of the United States

Department of Agriculture;

3. "Fowl" means chickens, turkeys, ducks, geese, and any other

domesticated birds used for human food;

4. "Poultry" means domesticated raw fowl;

5. "Poultry products" means the carcasses or parts of carcasses

of poultry produced entirely or in substantial part from poultry;

6. "Reclassified" means the reprocessing of poultry in which

poultry is cut into parts and parts are graded;

7. "State inspection" means the poultry inspection service

conducted by the Oklahoma State Board of Agriculture; and

8. "Wholesome" means sound, healthful, clean, and fit for human

food.

Added by Laws 1961, p. 7, § 1. Amended by Laws 2001, c. 146, § 1,

emerg. eff. April 30, 2001. Renumbered from § 738.1 of this title

by Laws 2001, c. 146, § 246, emerg. eff. April 30, 2001.

§2-10-92. Stating of grade in advertising.

When advertising poultry or poultry products and using the words

"inspected", "inspected for wholesomeness", "USDA inspected", "state

inspected", or any other term that suggests or implies the product

Oklahoma Statutes - Title 2. Agriculture

has been inspected, and a price is stated, the correct grade also

shall be stated as grade A, B, or C.

Added by Laws 1961, p. 8, § 2. Amended by Laws 2001, c. 146, § 2,

emerg. eff. April 30, 2001. Renumbered from § 738.2 of this title

by Laws 2001, c. 146, § 246, emerg. eff. April 30, 2001.

§2-10-93. Maintaining of grade identity until purchase.

Poultry that has been graded shall maintain its grade identity

until purchased by the consumer.

Added by Laws 1961, p. 8, § 3. Amended by Laws 2001, c. 146, § 3,

emerg. eff. April 30, 2001. Renumbered from § 738.3 of this title

by Laws 2001, c. 146, § 246, emerg. eff. April 30, 2001.

§2-11-1. Violations.

Any person shall be civilly liable to the State Board of

Agriculture for all fines, fees, and charges if that person:

1. Fails, refuses, or neglects to pay any fee or charge that is

required or authorized by the provisions of the Oklahoma

Agricultural Code;

2. Fails, refuses, or neglects to obtain a license, permit,

charter, or registration as provided, authorized, or required by the

Oklahoma Agricultural Code;

3. Performs any act requiring a license, permit, charter,

registration, or payment of a fee or charge without first obtaining

a license, permit, charter, registration, or payment of a fee or

charge; or

4. Violates any provision of the Oklahoma Agricultural Code or

rules promulgated thereto.

Added by Laws 1955, p. 96, art. 11, § 1. Amended by Laws 1987, c.

132, § 1, emerg. eff. June 3, 1987; Laws 1999, c. 231, § 3, emerg.

eff. May 26, 1999; Laws 2000, c. 243, § 111, emerg. eff. May 24,

2000.

§2-11-2. Ungraded agricultural products - Misleading practices Penalty.

It shall be unlawful and deemed a Class D3 felony offense to

sell, offer for sale, or advertise any agricultural product using

any word, figure, number, or term which pertains to grade, quality,

condition, quantity, or size, including No. 1, Fancy, Choice,

Select, A, Large, Size A, or any other word, figure, number, or term

which in any manner implies or suggests that the product involved

has been officially graded unless the product has actually been

officially graded, sized, or measured under state or federal

regulations or sized or measured in accordance with the requirements

of the State Board of Agriculture or federal regulations. Any

person who violates the provisions of this section shall, upon

conviction, be guilty of a Class D3 felony offense and shall be

Oklahoma Statutes - Title 2. Agriculture

punished as provided for in subsections B through F of Section 20P

of Title 21 of the Oklahoma Statutes.

Added by Laws 1955, p. 96, art. 11, § 2. Amended by Laws 1959, p.

3, § 2; Laws 1961, p. 8, § 1; Laws 1965, c. 278, § 1; Laws 2000, c.

243, § 112, emerg. eff. May 24, 2000; Laws 2025, c. 486, § 631, eff.

Jan. 1, 2026.

§2-11-3.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-11-5.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-11-6. Licenses, permits or certificates issued under repealed

sections.

Any license, permit, or certificate of registration issued under

a statute that is repealed or superseded and has not expired shall

be valid for the period for which the license, permit, or

certificate was issued under the repealed or superseded statute if

required for the same purpose by the Oklahoma Agricultural Code.

However, all holders of the licenses, permits, and certificates of

registration shall comply with the terms and provisions of this Code

upon expiration of the licenses, permits, and certificates of

registration.

Added by Laws 1955, p. 97, art. 11, § 6. Amended by Laws 2000, c.

243, § 113, emerg. eff. May 24, 2000.

§2-11-7.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-11-8.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-11-9.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-11-10. Tampering or attempting to tamper with anhydrous ammonia

pipeline, equipment, container or storage device – Penalties - Theft

or attempted theft of anhydrous ammonia - Civil action for injury

resulting from illegal conduct barred.

A. 1. Except for necessary repairs to anhydrous ammonia

equipment conducted by a registered distributor, supplier, dealer,

or the owner of the equipment or designee of the owner, it shall be

unlawful for any person to tamper with or attempt to tamper with any

anhydrous ammonia pipeline, equipment, container, or storage device.

2. Any person violating this provision shall, upon conviction

thereof, be guilty of a Class D1 felony offense punishable by

Oklahoma Statutes - Title 2. Agriculture

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, by a fine of not more than

Five Thousand Dollars ($5,000.00), or both such fine and

imprisonment.

B. Theft or attempted theft of any amount of anhydrous ammonia

shall be a Class C2 felony offense punishable, upon conviction

thereof, by imprisonment as provided for in subsections B through F

of Section 20M of Title 21 of the Oklahoma Statutes, by a fine not

exceeding Twenty-five Thousand Dollars ($25,000.00), or by both such

fine and imprisonment.

C. Any person who commits or attempts theft of anhydrous

ammonia or who unlawfully tampers with or attempts to unlawfully

tamper with any anhydrous ammonia pipeline, equipment, container, or

storage device, and as a result of unlawful conduct is injured shall

be barred from commencing any civil action against the following

persons:

1. Any owners of anhydrous ammonia or anhydrous ammonia

pipeline, equipment, containers, or storage devices;

2. Any persons responsible for the installation, repair, or

operation of anhydrous ammonia pipeline, equipment, containers, or

storage devices;

3. Any person lawfully selling, transporting, transferring, or

delivering anhydrous ammonia or anhydrous ammonia equipment,

containers, or storage devices;

4. Any persons purchasing or storing anhydrous ammonia for

agricultural purposes; or

5. Any persons operating anhydrous ammonia equipment or

pipeline or using anhydrous ammonia for agricultural purposes.

D. For purposes of this section, “tampering” means any

unauthorized adjustment, opening, removal, transfer, alteration,

change, or interference with any part of the anhydrous ammonia

pipeline, equipment, container, or storage device.

Added by Laws 2000, c. 265, § 2, emerg. eff. June 1, 2000. Amended

by Laws 2001, c. 146, § 92, emerg. eff. April 30, 2001. Renumbered

from § 1715 of this title by Laws 2001, c. 146, § 255, emerg. eff.

April 30, 2001. Amended by Laws 2002, c. 173, § 7, emerg. eff. May

6, 2002. Renumbered from § 8-85.13 of this title by Laws 2002, c.

173, § 20, emerg. eff. May 6, 2002. Amended by Laws 2004, c. 5, §

1, emerg. eff. March 1, 2004; Laws 2025, c. 486, § 200, eff. Jan. 1,

2026.

NOTE: Laws 2002, c. 61, § 1 repealed by Laws 2004, c. 5, § 2,

emerg. eff. March 1, 2004.

§2-11-11. Definitions.

As used in this act:

1. "Extraordinary costs" means costs incurred by an

incorporated municipality's unregulated utility related to the

Oklahoma Statutes - Title 2. Agriculture

extreme weather that occurred beginning February 7, 2021, and ending

February 21, 2021, including but not limited to fuel-related storage

and associated costs, emergency compressed or liquified natural gas

supplies, contracts for services providing additional pressurization

on lines and transportation pipeline penalties. Extraordinary costs

shall not include extreme purchase costs, as defined in this

section;

2. "Extreme purchase costs" means expenses incurred for the

purchase of fuel, purchased power, natural gas commodity, or any

combination thereof, whether at spot pricing, index pricing, or

otherwise with delivery beginning February 7, 2021, and ending

February 21, 2021;

3. "Utility" shall mean any person or entity doing business in

this state that furnishes natural gas or electric current to its

customers located at an address within this state and within the

service area of the utility; and

4. "Unregulated utility" shall mean any utility, as defined in

this section, which is not subject to the regulatory jurisdiction of

the Corporation Commission with respect to its rates, charges, and

terms and conditions of service.

Added by Laws 2022, c. 391, § 1, emerg. eff. May 26, 2022.

§2-11-12. February 2021 Winter Storm Grant Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Department of Agriculture, Food, and Forestry to be

designated the "February 2021 Winter Storm Grant Revolving Fund".

The fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received by the

Department in the form of appropriations, donations, or other monies

designated for deposit in the fund. All monies accruing to the

credit of the fund are hereby appropriated and may be budgeted and

expended by the Department for the purpose of providing grants to an

incorporated municipality as provided by this act. Expenditures

from the fund shall be made upon warrants issued by the State

Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.

Added by Laws 2022, c. 391, § 2, emerg. eff. May 26, 2022.

§2-11-13. Grant program to mitigate costs.

A. The Oklahoma Department of Agriculture, Food, and Forestry

shall develop a grant program for the purpose of providing grants to

incorporated municipalities to mitigate extreme purchase costs,

extraordinary costs, or both, incurred by the incorporated

municipality's owned or controlled unregulated utility affected by

the extreme weather event that began February 7, 2021. To qualify

for a grant, the following requirements shall be met:

Oklahoma Statutes - Title 2. Agriculture

1. The incorporated municipality must show proof of extreme

purchase costs, extraordinary costs, or both incurred by the

incorporated municipality's owned or controlled unregulated utility;

2. The population of the incorporated municipality shall be no

greater than three thousand five hundred (3,500) persons according

to the most recent Federal Decennial Census or most recent annual

estimate of the population by the United States Census Bureau; and

3. The incorporated municipality's owned or controlled

unregulated utility has had no costs mitigated through

securitization as provided by Sections 9070 through 9081 of Title 74

of the Oklahoma Statutes.

B. The Department shall promulgate rules necessary for

determining the eligibility and priority of applicants for the

grants. In determining the priority of applicants, the Department

shall consider the implications of the extraordinary costs and

extreme purchase costs regarding the incorporated municipality's

solvency and the amount of the incorporated municipality's

extraordinary costs and extreme purchase costs on a per capita

basis.

C. On or before February 1, 2023, the Oklahoma Department of

Agriculture, Food, and Forestry shall provide a report to the

Governor, President Pro Tempore of the Senate, and the Speaker of

the House of Representatives that includes the list of

municipalities who applied for the grant, the amount requested by

each municipality, municipalities that were awarded grants, the

amount of each grant awarded, and any other information the

Department determines to be necessary.

Added by Laws 2022, c. 391, § 3, emerg. eff. May 26, 2022.

§2-11-20.

Repealed by Laws 2021, c. 163, § 1, eff. Nov. 1, 2021.

§2-11-21.

Repealed by Laws 2021, c. 163, § 1, eff. Nov. 1, 2021.

§2-11-22.

Repealed by Laws 2021, c. 163, § 1, eff. Nov. 1, 2021.

§2-11-23.

Repealed by Laws 2021, c. 163, § 1, eff. Nov. 1, 2021.

§2-11-24.

Repealed by Laws 2021, c. 163, § 1, eff. Nov. 1, 2021.

§2-11-25.

Repealed by Laws 2021, c. 163, § 1, eff. Nov. 1, 2021.

§2-11-26.

Repealed by Laws 2021, c. 163, § 1, eff. Nov. 1, 2021.

§2-11-27.

Repealed by Laws 2021, c. 163, § 1, eff. Nov. 1, 2021.

§2-11-35.

Short title.

Oklahoma Statutes - Title 2. Agriculture

This article shall be known and may be cited as the "Oklahoma

Agriculture Biotechnology Act".

Added by Laws 1990, c. 226, § 1, emerg. eff. May 17, 1990. Amended

by Laws 2001, c. 146, § 116, emerg. eff. April 30, 2001. Renumbered

from § 2011 of this title by Laws 2001, c. 146, § 261, emerg. eff.

April 30, 2001.

§2-11-36. Purpose.

The purpose of the Oklahoma Agriculture Biotechnology Act is to

protect agriculture and public health from intentional or

unintentional release of genetically engineered biological articles

into the environment.

Added by Laws 1990, c. 226, § 2, emerg. eff. May 17, 1990. Amended

by Laws 2001, c. 146, § 117, emerg. eff. April 30, 2001. Renumbered

from § 2012 of this title by Laws 2001, c. 146, § 261, emerg. eff.

April 30, 2001.

§2-11-37. Definitions.

As used in the Oklahoma Agriculture Biotechnology Act:

1. "Donor" means the organism from which genetic material is

obtained for transfer to the recipient organism;

2. "Environment" means all of the land, air, and water and any

organism that is living in association with these elements;

3. "Gene" means the unit of heredity within an organism;

4. "Genetic engineering" means the technology used to

manipulate or alter an organism's genetic material through

recombinant DNA or RNA techniques;

5. "Organisms" means any life stage form of microorganisms,

viruses, plants, invertebrate animals, such as insects, or

vertebrate animals, including livestock, which is capable of

supplying genetic materials or affecting the genetic expression of

another living entity;

6. "Permit" means a document issued by the Board authorizing a

person to maintain, manipulate, and/or release a regulated article

into the environment;

7. "Quarantine" means the isolation and/or safeguarding of an

organism to prevent it from becoming established in the environment;

8. "Recombinant DNA or RNA" means hybrid molecules constructed

outside or inside an organism by joining, deleting, or rearranging

natural or synthetic DNA (deoxyribonucleic acid) or RNA (ribonucleic

acid);

9. "Regulated article" means any organism altered or produced

through genetic engineering;

10. "Release into the environment" means the use of a regulated

article outside the constraints of physical confinement that are

found in a laboratory, greenhouse, or a fermenter or other contained

structure; and

Oklahoma Statutes - Title 2. Agriculture

11. "Vector or vector agent" means an organism or object used

to transfer genetic material from the donor organism to the

recipient organism.

Added by Laws 1990, c. 226, § 3, emerg. eff. May 17, 1990. Amended

by Laws 2001, c. 146, § 118, emerg. eff. April 30, 2001. Renumbered

from § 2013 of this title by Laws 2001, c. 146, § 261, emerg. eff.

April 30, 2001.

§2-11-38. Inspection of premises - Rules.

A. The State Department of Agriculture shall have the authority

to inspect any premise within this state during regular business

hours when the Department has reasonable grounds to believe that

activity governed by the Oklahoma Agriculture Biotechnology Act is

or may be occurring. This inspection shall be to determine if the

provisions of the Oklahoma Agriculture Biotechnology Act are being

carried out and the environment is being protected from the

possibility of being contaminated by a regulated article.

B. The Board is authorized to promulgate rules needed for the

control of regulated articles as authorized by the Oklahoma

Agriculture Biotechnology Act. All rules shall be promulgated

pursuant to the Administrative Procedures Act.

Added by Laws 1990, c. 226, § 4, emerg. eff. May 17, 1990. Amended

by Laws 2001, c. 146, § 119, emerg. eff. April 30, 2001. Renumbered

from § 2014 of this title by Laws 2001, c. 146, § 261, emerg. eff.

April 30, 2001.

§2-11-39. Confidential business information - Trade secrets Competitive harm.

A. In submitting information pursuant to the Oklahoma

Agriculture Biotechnology Act, an applicant for a permit may

designate as "confidential" any portions of the information that the

applicant believes are entitled to treatment as confidential

business information. A designation of confidentiality shall be

made in writing and in a manner as the State Board of Agriculture

may prescribe. Information designated as "confidential" may be

submitted separately from other material submitted.

B. Information that would be protected from disclosure under

the federal Freedom of Information Act will be classified as

Confidential Business Information (CBI). This includes trade

secrets and commercial or financial information found to be

confidential.

C. Documents containing trade secrets which the person

submitting asserts are trade secrets will be deemed CBI. "Trade

secrets" means information relating to the production process. This

includes production data, formulas, and processes and quality

control tests and data, as well as research methodology and data

Oklahoma Statutes - Title 2. Agriculture

generated in the development of the production process. This

information must be:

1. Commercially valuable;

2. Used in one's business; and

3. Maintained in secrecy.

D. Documents containing commercial or financial information

will be confidential if a review establishes that substantial

competitive harm would result from disclosure. Information such as

safety data, efficacy or potency data, and environmental data may be

confidential information. Persons desiring protection for

confidential information must submit a detailed statement containing

facts to show that the person faces active competition in the area

to which the information relates, and that substantial competitive

harm would result from disclosure.

E. The applicant may withdraw the application at any time by

providing written notice to the Board. If the application is

withdrawn, all confidential business information shall be returned

to the applicant and shall not be disclosed.

F. Except as provided in the Oklahoma Agriculture Biotechnology

Act, no person shall reveal or use for a person’s own benefit any

confidential business information received pursuant to the Oklahoma

Agriculture Biotechnology Act.

Added by Laws 1990, c. 226, § 5, emerg. eff. May 17, 1990. Amended

by Laws 2001, c. 146, § 120, emerg. eff. April 30, 2001. Renumbered

from § 2015 of this title by Laws 2001, c. 146, § 261, emerg. eff.

April 30, 2001.

§2-11-40. Permit - Exemption - Information required - Fee.

A. The State Board of Agriculture shall have the authority to

issue, renew, deny, suspend, and revoke any permit issued according

to the provisions of the Oklahoma Agriculture Biotechnology Act.

B. No person shall maintain a regulated article without a

permit issued by the Board.

C. Any person who has filed Assurances of Compliance with

federally established guidelines with his or her Institutional

Biosafety Committee and/or applied for regulatory approval from the

appropriate federal agency shall be exempt from the provisions of

the Oklahoma Agriculture Biotechnology Act.

D. Any person not in compliance with a federal agency shall

provide the Board with the following information prior to issuance

of a permit pursuant to the Oklahoma Agriculture Biotechnology Act:

1. Name, title, address, telephone number, signature of the

responsible person, and type of permit requested such as for

importation, interstate movement, or release into the environment;

2. All scientific, common, and trade names, and all

designations necessary to identify the: Donor organism; recipient

Oklahoma Statutes - Title 2. Agriculture

organism; vector or vector agents; constituent of each regulated

article which is a product; and regulated article;

3. Names, addresses, and telephone numbers of the persons who

developed and/or supplied the regulated article;

4. A description of the means of movement, such as mail, common

carrier, baggage, or if hand-carried, by whom;

5. A description of the anticipated or actual expression of the

altered genetic material in the regulated article and how that

expression differs from the expression in the nonmodified parental

organism, including but not limited to morphological or structural

characteristics, physiological activities and processes, number of

copies of inserted genetic material, and the physical state of this

material inside the recipient organism, integrated or

extrachromosomal, products and secretions, growth characteristics;

6. A detailed description of the molecular biology of the

system, such as donor-recipient-vector, which is or will be used to

produce the regulated article;

7. Country and locality where the donor organism, recipient

organism, vector or vector agent, and regulated article were

collected, developed, and produced;

8. A detailed description of the purpose for the introduction

of the regulated article including a detailed description of the

proposed experimental and/or production design;

9. The quantity of the regulated article to be introduced and

proposed schedule and number of introductions;

10. A detailed description of the processes, procedures, and

safeguards which have been used or will be used in the country of

origin and in the United States to prevent contamination, release,

and dissemination in the production of the: Donor organism;

recipient organism; vector or vector agent; constituent of each

regulated article which is a product; and regulated article;

11. A detailed description of the intended destination

including final and all intermediate destinations, uses, and/or

distribution of the regulated article, such as greenhouses,

laboratory, or growth chamber location; field trial location; pilot

project location; production, propagation, and manufacture location;

proposed sale and distribution location;

12. A detailed description of the proposed procedures,

processes, and safeguards which will be used to prevent escape and

dissemination of the regulated article at each of the intended

destinations;

13. A detailed description of any biological material, for

example culture medium, or host material accompanying the regulated

article during movement; and

14. A detailed description of the proposed method of final

disposition of the regulated article.

Oklahoma Statutes - Title 2. Agriculture

E. Any person or their employees who is issued a permit shall

comply with regulations established by the Board as are necessary to

prevent the uncontrolled dissemination and establishment of a

regulated article in the environment.

F. In accordance with the administration of the Oklahoma

Agriculture Biotechnology Act, the Board is given the authority to

charge the following fee schedule: A fee of One Hundred Dollars

($100.00) shall be charged each person for a permit to develop,

maintain, manipulate and/or release a regulated article. The fees

shall be deposited in the State Department of Agriculture Revolving

Fund.

Added by Laws 1990, c. 226, § 6, emerg. eff. May 17, 1990. Amended

by Laws 2001, c. 146, § 121, emerg. eff. April 30, 2001. Renumbered

from § 2016 of this title by Laws 2001, c. 146, § 261, emerg. eff.

April 30, 2001.

§2-11-41. Violations.

It shall be a violation of the Oklahoma Agriculture

Biotechnology Act for any person not exempt from the provisions of

the Oklahoma Agriculture Biotechnology Act to:

1. Maintain a regulated article without a permit from the State

Board of Agriculture;

2. Move a regulated article without permission;

3. Release a regulated article into the environment without a

permit;

4. Fail to comply with a quarantine or destruction order; and

5. Fail to pay a permit fee.

Added by Laws 1990, c. 226, § 7, emerg. eff. May 17, 1990. Amended

by Laws 2001, c. 146, § 122, emerg. eff. April 30, 2001. Renumbered

from § 2017 of this title by Laws 2001, c. 146, § 261, emerg. eff.

April 30, 2001.

§2-11-42. Penalties.

A. Any person violating the provisions of the Oklahoma

Agriculture Biotechnology Act shall, upon conviction thereof, be

guilty of a misdemeanor and may be punished by a fine of not less

than One Thousand Dollars ($1,000.00) nor more than Ten Thousand

Dollars ($10,000.00). For the purposes of this section, each day

upon which a violation is committed or is permitted to continue

shall be deemed a separate offense.

B. If, after public hearing in accordance with the

Administrative Procedures Act, the State Board of Agriculture shall

find any person to be in violation of any of the provisions of the

Oklahoma Agriculture Biotechnology Act, the Board has the authority

to assess, after notice and hearing, an administrative penalty of

not less than One Hundred Dollars ($100.00) and not more than One

Thousand Dollars ($1,000.00) for each violation. For the purpose of

Oklahoma Statutes - Title 2. Agriculture

this section, each day upon which a violation is committed or is

permitted to continue shall be deemed a separate offense.

Added by Laws 1990, c. 226, § 8, emerg. eff. May 17, 1990. Amended

by Laws 2001, c. 146, § 123, emerg. eff. April 30, 2001. Renumbered

from § 2018 of this title by Laws 2001, c. 146, § 261, emerg. eff.

April 30, 2001.

§2-11-80. Creation – Director – Appointment - Powers and duties.

A. There is created the Oklahoma Arboretum and Botanical Garden

of Oklahoma, which shall be under the direction and supervision of

the Board of Regents for the Oklahoma Agricultural and Mechanical

Colleges.

B. The director shall be appointed by the Dean of the Division

of Agriculture of Oklahoma State University and approved by the

Board of Regents.

C. The Oklahoma Arboretum and Botanical Garden director shall:

1. Acquire, archive, process, and disseminate information on

horticultural and botanical resources that is or could be of value

to policy and decision makers in the state;

2. Act as a representative of the state in horticultural

matters as pertains to agriculture, both within and outside the

state, when necessary or appropriate or when requested to do so by

proper authority, which shall include among others the legislative

or executive branches of state government;

3. Conduct research, investigations, and interpretive programs

pertaining to horticultural and botanical resources, including but

not limited to, native woody plant and certain herbaceous plant

species distribution within the state, their relationships to each

other and certain fauna and their environment as it pertains to

agriculture;

4. Maintain plant inventories on or near the OSU campus and the

respective associated sites including but not limited to the Tulsa

Arboretum in natural or contrived ecosystems representing park and

urban sites;

5. Establish a depository for preservation of live, native, and

adaptive plant germplasm and as a distribution source of germplasm

to cooperating affiliated arboretums, involved in plant evaluation,

teaching, and research programs;

6. Maintain as a part of the statewide Arboretum plant

collections representative but not restricted to the flora and plant

communities of Oklahoma, which among other benefits will support

research and investigative programs; and

7. Contract with persons to assist in training of students and

the citizenry with respect to our native and introduced woody and

herbaceous plant material and their importance to Oklahoma.

D. The establishment of the Oklahoma Arboretum and Botanical

Garden shall in no way preclude or limit the research and

Oklahoma Statutes - Title 2. Agriculture

educational activities concerning biological and botanical resources

and natural or contrived areas by universities, colleges, or other

government entities.

E. The director is authorized to certify copies as being

authentic reproductions of arboretum resource records held in the

state.

F. The director shall present a report each year to the Board

of Regents for the Oklahoma Agricultural and Mechanical Colleges.

Added by Laws 1991, c. 44, § 1, eff. Sept. 1, 1991. Amended by Laws

2001, c. 146, § 124, emerg. eff. April 30, 2001. Renumbered from §

2021 of this title by Laws 2001, c. 146, § 261, emerg. eff. April

30, 2001.

§2-11-90. Short title - Oklahoma Scrap Metal Dealers Act.

This act shall be known and may be cited as the "Oklahoma Scrap

Metal Dealers Act".

Added by Laws 2008, c. 391, § 1, eff. Nov. 1, 2008. Renumbered from

§ 1421 of Title 59 by Laws 2014, c. 18, § 3, eff. Nov. 1, 2014.

§2-11-91. Definitions.

As used in the Oklahoma Scrap Metal Dealers Act:

1. "Aluminum material" means the metal aluminum or aluminum

alloy or anything made of either aluminum or aluminum alloy, except

aluminum beverage cans;

2. "Copper material" means the metal copper or copper alloy or

anything made of either copper or copper alloy;

3. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry and its employees, officers and divisions;

4. "Digital image" means pixels intended for display on a

computer monitor or for transformation into another format, such as

a printed page. For purposes of this paragraph, "pixels" shall mean

raster-based, two-dimensional, rectangular arrays of static data

elements;

5. "Exempted seller" means any person, firm, business or

governmental entity that produces or otherwise acquires any scrap

metal regulated by the provisions of the Oklahoma Scrap Metal

Dealers Act in the normal course of business , including, but not

limited to:

a.

a mechanical, electrical or plumbing contractor

currently licensed to do business in any state,

b.

a scrap metal dealer (Standard Industrial

Classification Codes 5051 or 5093), currently licensed

pursuant to the provisions of the Oklahoma Scrap Metal

Dealers Act,

c.

a holder of a current farm-use tax permit,

d.

a manufacturer,

e.

a distributor,

Oklahoma Statutes - Title 2. Agriculture

f.

g.

a retailer with a current sales tax permit, or

any state-recognized business entity including a

corporation, limited liability company, partnership,

limited partnership and sole proprietorship;

6. "License" means a scrap metal dealer license;

7. "Remote storage battery" means a battery commonly used in

telecommunications, the oil industry or infrastructure;

8. "Scrap metal" means any copper material or aluminum material

or any item listed in subsection C of Section 11-93 of this title,

offered for sale or resale or purchased by any person, firm or

business;

9. "Scrap metal dealer" means any person, firm or corporation

being an owner, keeper or proprietor of a retail or wholesale

business which buys, sells, salvages, processes or otherwise handles

scrap metal materials regulated by the provisions of the Oklahoma

Scrap Metal Dealers Act; and

10. "Yard" means the place where any scrap metal dealer stores

scrap metal materials or keeps such materials for purpose of sale.

Added by Laws 2008, c. 391, § 2, eff. Nov. 1, 2008. Amended by Laws

2013, c. 230, § 2, eff. Nov. 1, 2013. Renumbered from § 1422 of

Title 59 by Laws 2014, c. 18, § 4, eff. Nov. 1, 2014. Amended by

Laws 2021, c. 181, § 2, eff. Nov. 1, 2021.

§2-11-92. Records of data – Holding period – Unlawful activities –

Declaration of ownership – Vehicle purchase.

A. Every scrap metal dealer shall keep a separate book, record

or other electronic system as authorized by the Oklahoma Scrap Metal

Dealers Act, to record and maintain the following data from any

seller of any amount of scrap metal as defined by the Oklahoma Scrap

Metal Dealers Act:

1. A legible photocopy of the seller's driver license or

government-provided photo identification, issued by the United

States government, State of Oklahoma, or any other state of the

United States, or any other federally recognized identification that

contains his or her name, and date of birth; provided, that if the

photo identification does not contain an address, an address shall

be provided;

2. Vehicle description and license tag number, or vehicle

identification number if no state license plate is affixed, if the

vehicle was used to transport the material being sold;

3. Date and place of the transaction and the transaction number

as provided by the scrap metal dealer;

4. Description of the items sold and weight of the items as

required by the provisions of the Oklahoma Scrap Metal Dealers Act;

5. Whether the scrap metal is in wire, cable, bar, rod, sheet

or tube form; and

Oklahoma Statutes - Title 2. Agriculture

6. The digital image of the items purchased and the digital

image of the seller. The digital image shall contain depictions

that clearly identify the items sold and are captured in the common

JPEG format. The digital image shall be retained by the purchaser

for a minimum of ninety (90) days from the date of purchase.

B. Municipalities or other political subdivisions may designate

the reporting methods and the format of the information required by

subsection A of this section, either written, electronic or

Internet-based. The Oklahoma Department of Agriculture, Food, and

Forestry shall designate an Internet-based reporting method that

applies to all geographic areas of the state that are not subject to

a local designation for Internet reporting.

C. Records required by this section shall be retained for no

less than two (2) years from the date of transaction and shall be

made available at any time to any person authorized by law for such

inspection.

D. It shall be unlawful for any scrap metal dealer to purchase

any item from a minor under the age of sixteen (16) without having

first obtained the consent, in writing, of a parent or guardian of

such minor. Such written consent shall be kept with the book,

record or other electronic recording system required by subsection A

of this section and, if requested by a law enforcement agency where

the purchase was made, shall be transmitted to the law enforcement

agency and may be kept as a permanent record and made available for

public inspection.

E. A scrap metal dealer shall obtain from each seller of a

scrap metal item regulated by the Oklahoma Scrap Metal Dealers Act,

or a parent or guardian on behalf of a minor, a written declaration

of ownership containing a legible signature of the seller. The

declaration of ownership shall be in the following form and shall

appear on the bill of sale or transaction ticket to be completed by

the seller in the presence of the purchaser at the time of the

transaction:

"I hereby affirm that I am the rightful owner of the hereon

described merchandise; or I am an authorized representative of the

rightful owner and affirm that I have been given authority by the

rightful owner to sell the hereon described merchandise.

I state under penalty of perjury under the laws of Oklahoma that

the foregoing is true and correct.

______________________________

__________________________

Signature

Date and Place"

F. If requested by a law enforcement agency, a scrap metal

dealer shall report in writing all purchases of scrap metal as

defined by the Oklahoma Scrap Metal Dealers Act within forty-eight

(48) hours following such purchase. The report shall contain all

the information required by this section.

Oklahoma Statutes - Title 2. Agriculture

G. Prior to the purchase of a used motor vehicle, trailer or

nonmotorized recreational vehicle, the scrap metal dealer shall

require one of the following forms of proof of ownership from the

person selling the used motor vehicle, trailer or nonmotorized

recreational vehicle:

1. A certificate of title that matches the vehicle

identification number of the vehicle being sold;

2. A notarized power of attorney from the individual on the

certificate of title authorizing the seller to dispose of the

vehicle on behalf of the owner; or

3. A statement of ownership from the seller stating that the

vehicle was purchased from the lawful owner, accompanied by a bill

of sale from the lawful owner including a statement that there are

no outstanding liens on the vehicle, and a statement that the

vehicle is inoperable or incapable of operation or use on the

highway and has no resale value except as scrap.

The provisions of this subsection shall not apply to sales,

purchases or other transfers of vehicles between scrap metal dealers

and licensed automotive dismantlers and parts recyclers, licensed

crushers, salvage dealers, used car dealers and licensed wreckers.

H. A scrap metal dealer shall not enter into any cash

transactions in excess of One Thousand Dollars ($1,000.00) in

payment for the purchase of scrap metal that is listed in subsection

C of Section 11-93 of this title unless the transaction is made with

an exempted seller. Payment by check shall be issued and made

payable only to the seller of the scrap metal whose identification

information has been obtained pursuant to the provisions of this

section.

I. The following shall be exempt from this section:

1. Scrap metal hauled by a scrap metal dealer for an exempted

seller in a motor vehicle registered with the Oklahoma Department of

Transportation; and

2. Material delivered by an exempted seller with a check made

payable to the company of the exempted seller.

Added by Laws 2008, c. 391, § 3, eff. Nov. 1, 2008. Amended by Laws

2013, c. 230, § 3, eff. Nov. 1, 2013. Renumbered from § 1423 of

Title 59 by Laws 2014, c. 18, § 5, eff. Nov. 1, 2014. Amended by

Laws 2016, c. 101, § 1, eff. Nov. 1, 2016; Laws 2017, c. 42, § 1;

Laws 2018, c. 23, § 1, eff. Nov. 1, 2018; Laws 2021, c. 181, § 3,

eff. Nov. 1, 2021.

NOTE: Laws 2016, c. 133, § 1 repealed by Laws 2017, c. 42, § 2.

§2-11-93. Items not to be purchased – Items regulated.

A. It shall be unlawful for scrap metal dealers permitted to do

business in this state as required by the Oklahoma Scrap Metal

Dealers Act to purchase any item listed in subsection C of this

section without:

Oklahoma Statutes - Title 2. Agriculture

1. Obtaining proof that the seller owns or is authorized to

sell the property, by evidence of a receipt of purchase, a bill of

sale for the property, contract or other documentation; and

2. Requiring the seller to sign a written declaration in the

form required by subsection E of Section 11-92 of this title; or

3. Obtaining proof that the seller is an exempted seller or an

employee of an exempted seller, as defined in Section 11-91 of this

title.

B. Scrap metal dealers shall not purchase any regulated items

which are not delivered in a motor vehicle.

C. The following items are regulated by the provisions of this

act:

1. Manhole covers, street signs, traffic signs, traffic

signals, including their fixtures and hardware, and highway guard

rails, or any other identifiable public property;

2. Electric light poles, including their fixtures and hardware,

electric transmission or distribution cable and wires, and any other

hardware associated with electric utility or telecommunication

systems;

3. Any copper wire, braided or single strand, insulated or not

insulated, that is four (4) gauge or larger in size;

4. Copper wire from which the actual or apparent insulation or

other coating has been burned, melted or exposed to heat or fire

resulting in melting some or all other insulation or coating;

5. Funeral markers, plaques or funeral vases;

6. Historical markers or public artifacts;

7. Railroad equipment;

8. Any metal item marked with any form of the name, initials or

logo of a governmental entity, utility, cemetery or railroad;

9. Condensing or evaporating coil including copper coil ends;

10. Aluminum or stainless steel containers or bottles designed

to contain fuel;

11. Metal beer kegs that are clearly marked as being the

property of the beer manufacturer;

12. Metal bleachers or other seating facilities used in

recreational areas or sporting arenas;

13. Automotive catalytic converters;

14. Machinery or supplies commonly used in the drilling,

completing, operating or repairing of oil or gas wells;

15. Stainless steel fittings and fixtures commonly used in the

operation of car wash facilities; and

16. Remote storage batteries.

Added by Laws 2008, c. 391, § 4, eff. Nov. 1, 2008. Renumbered from

§ 1424 of Title 59 by Laws 2014, c. 18, § 6, eff. Nov. 1, 2014.

Amended by Laws 2021, c. 181, § 4, eff. Nov. 1, 2021.

Oklahoma Statutes - Title 2. Agriculture

§2-11-94. Violations, penalties - Operating without sales tax

permit - Knowingly providing false information - Burnt copper

material - Violations reported - Revocation of permit.

A. Any person found in violation of any provision of the

Oklahoma Scrap Metal Dealers Act, with the exceptions as provided by

subsections B, C and D of this section, shall, upon conviction, be

guilty of a misdemeanor and punished by a fine of not more than Two

Thousand Five Hundred Dollars ($2,500.00) per offense. Any person

convicted of a second violation of the Oklahoma Scrap Metal Dealers

Act shall be guilty of a misdemeanor and punished by a fine of not

more than Five Thousand Dollars ($5,000.00) per offense or by

imprisonment in the county jail for a period of not more than six

(6) months. Any person convicted of a third or subsequent violation

of the Oklahoma Scrap Metal Dealers Act shall be guilty of a Class

D3 felony offense punishable by a fine of not more than Ten Thousand

Dollars ($10,000.00) per offense, or by imprisonment as provided for

in subsections B through F of Section 20P of Title 21 of the

Oklahoma Statutes, or by both such fine and imprisonment.

B. Any person acting as a scrap metal dealer without a scrap

metal dealer license or a sales tax permit as required by the

Oklahoma Scrap Metal Dealers Act shall, upon conviction, be guilty

of a misdemeanor and punished by a fine of not more than Five

Hundred Dollars ($500.00); provided, that each day of operation in

violation of the Oklahoma Scrap Metal Dealers Act shall constitute a

separate offense.

C. Any person who knowingly provides false information with

respect to the provisions of subsection I of Section 1423 of this

title shall, upon conviction, be guilty of a Class D3 felony offense

and punished by a fine of Five Thousand Dollars ($5,000.00), or by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or by both such fine and

imprisonment.

D. Any person convicted of purchasing or selling burnt copper

material or copper wire as prohibited by subsection G of Section

1423 of this title shall, upon first conviction, be guilty of a

misdemeanor and punished by a fine of Two Thousand Five Hundred

Dollars ($2,500.00). Any person convicted of a second or subsequent

violation shall be guilty of a Class D3 felony offense punishable by

a fine of Five Thousand Dollars ($5,000.00), or by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes, or by both such fine and imprisonment.

E. Each scrap metal dealer convicted of a violation of the

Oklahoma Scrap Metal Dealers Act shall be reported to the Oklahoma

Tax Commission by the clerk of the court rendering such verdict.

F. The Tax Commission shall revoke the sales tax permit of any

person convicted of three separate violations of the Oklahoma Scrap

Metal Dealers Act. The person shall not be eligible to receive a

Oklahoma Statutes - Title 2. Agriculture

sales tax permit for such purpose for a period of one (1) year

following the revocation. The revocation procedure shall be subject

to notice and hearing as required by Section 1426 of this title.

Added by Laws 2008, c. 391, § 5, eff. Nov. 1, 2008. Amended by Laws

2013, c. 230, § 4, eff. Nov. 1, 2013. Renumbered from § 1425 of

Title 59 by Laws 2014, c. 18, § 7, eff. Nov. 1, 2014. Amended by

Laws 2025, c. 486, § 632, eff. Jan. 1, 2026.

§2-11-95. Revocation or suspension of permits - Injunction against

dealers - Appeal bond.

A. Any sales tax permit, issued pursuant to Section 1364 of

Title 68 of the Oklahoma Statutes, to any scrap metal dealer who

violates any of the provisions of this act relating to the purchase

of copper or aluminum materials or any scrap metal regulated by this

act, may be canceled or suspended for a period not to exceed thirty

(30) days by the Oklahoma Tax Commission. The Tax Commission may

refuse the issuance of or extension or reinstatement of any permit

where the applicant or holder of the permit shall have violated any

provisions of this act or existing laws. Such cancellation or

refusal shall be mandatory as to any scrap metal dealer having been

convicted of three separate violations of this act. However, before

the Tax Commission may cancel or suspend any permit or refuse the

issuance, reinstatement or extension thereof, the Tax Commission

shall give each holder of a permit or applicant ten (10) days'

notice of a hearing before the Tax Commission, granting such person

an opportunity to show cause why such action should not be taken.

Upon notice given to any scrap metal dealer by the Tax Commission of

its intention to cancel or suspend any permit or to refuse the

issuance, reinstatement or extension thereof, the Tax Commission

shall have the authority to enter its order suspending such permit

or prohibiting the applicant from doing business without a permit

pending the final hearing before it as provided for in this section.

B. 1. After notice of the order of suspension or prohibition

from doing business, it shall be unlawful for the scrap metal dealer

to further engage in the business of a scrap metal dealer, as

defined herein. In the event any such person shall conduct or at

any time continue such unlawful operation, after notice of

suspension or prohibition from doing business, the Tax Commission

may institute or cause to be brought against such person or persons

proceedings for injunction in any court of competent jurisdiction to

enjoin and restrain such person or persons from doing business

pending the order of the Tax Commission.

2. Upon cancellation of a permit by the Tax Commission, no new

permit shall be issued to such dealer or any firm, corporation or

other legal entity under his or her direct or indirect control or

association, for a period of one (1) year from the date of

cancellation.

Oklahoma Statutes - Title 2. Agriculture

3. In all cases where proceedings are brought for injunction

under this act, no bond for injunction shall be required and in all

such cases, after notice of suspension has been given, no further

notice shall be required before the issuance of a temporary

restraining order on any proceeding for injunction.

C. If an appeal is taken from the order of the Tax Commission

issued pursuant to this section, the scrap metal dealer, in order to

conduct business as a scrap metal dealer pending outcome of the

appeal, shall be required to post a bond in the amount of Five

Thousand Dollars ($5,000.00).

Added by Laws 1967, c. 257, § 3, emerg. eff. May 8, 1967. Amended

by Laws 1990, c. 139, § 4, emerg. eff. May 1, 1990; Laws 1997, c.

205, § 3, eff. Nov. 1, 1997; Laws 2008, c. 391, § 6, eff. Nov. 1,

2008. Renumbered from § 1403 of Title 59 by Laws 2008, c. 391, §

10, eff. Nov. 1, 2008. Renumbered from § 1426 of Title 59 by Laws

2014, c. 18, § 8, eff. Nov. 1, 2014.

§2-11-96. Sales tax permit required.

A. Any person, firm or corporation desiring to become a scrap

metal dealer shall be required to obtain a sales tax permit as

provided by Section 1364 of Title 68 of the Oklahoma Statutes, from

the Oklahoma Tax Commission, for each scrap metal yard owned or

operated by such person, firm or corporation.

B. The Tax Commission shall maintain a list of scrap metal

dealers to whom sales tax permits have been issued and such list

shall be made available for public inspection.

C. The Tax Commission shall not deny any person, firm or

corporation desiring a sales tax permit for the purpose of scrap

metal dealing due to insufficient quantity or dollar value of sales

necessary to warrant such permit.

D. The Tax Commission is authorized to promulgate any rules

necessary to implement the provisions of this act.

Added by Laws 2008, c. 391, § 7, eff. Nov. 1, 2008. Renumbered from

§ 1427 of Title 59 by Laws 2014, c. 18, § 9, eff. Nov. 1, 2014.

§2-11-97. Scrap metal dealer license.

A person shall not advertise, act, offer to act, hold himself or

herself out, or engage in business as a scrap metal dealer in this

state without a scrap metal dealer license issued by the Oklahoma

Department of Agriculture, Food, and Forestry.

Added by Laws 2013, c. 230, § 5, eff. Nov. 1, 2013. Amended by Laws

2014, c. 18, § 1, eff. Nov. 1, 2014. Renumbered from § 1428 of

Title 59 by Laws 2014, c. 18, § 10, eff. Nov. 1, 2014.

§2-11-98.

License application.

Oklahoma Statutes - Title 2. Agriculture

A. An applicant for a license to engage in business as a scrap

metal dealer shall provide all of the following information on the

license application:

1. If the applicant is an individual, the full name and place

of residence of the applicant;

2. If the applicant is a firm, corporation or other legal

entity, the full name, place of residence, and the position of the

individual filing the application on behalf of the entity;

3. The business address of the location where the scrap metal

dealer conducts business or will conduct business as a scrap metal

dealer;

4. Legal proof of ownership, lease agreement or contract for

the business location;

5. Proof of a dedicated telephone line for the business

location;

6. Proof of a general liability insurance policy for the

business location;

7. Proof of a current discharge permit issued pursuant to the

provisions of the Oklahoma Pollutant Discharge Elimination System

Act; and

8. Whether the person has been previously convicted of, or pled

guilty or nolo contendere to, any felony crime that substantially

relates to scrap metal dealing and poses a reasonable threat to

public safety.

B. The Department may conduct any reasonable inquiry or

investigation relative to the determination of the fitness of the

applicant to be licensed or continue to be licensed including, but

not limited to, requiring a national criminal history record check

as provided in Section 150.9 of Title 74 of the Oklahoma Statutes.

C. The Department shall charge an application fee in the amount

of One Hundred Dollars ($100.00) for processing an initial

application for a scrap metal dealer license. The Department shall

also charge an investigative fee of One Hundred Dollars ($100.00) to

be used for the purpose of conducting an investigation of the

applicant. All fees shall be nonrefundable.

D. In addition to the application, each applicant shall submit

a full set of fingerprints and a photograph with each application

for an original license. The fingerprints shall be used for a

national criminal history record check as provided for in subsection

B of this section. The applicant shall be required to pay for

fingerprints, photographs and the national criminal history records

check required for licensure and renewals.

E. If the results of the investigation of the applicant show no

prohibition to granting a license, the Department shall issue the

scrap metal dealer license. The scrap metal dealer license shall be

valid for a period of one (1) year unless otherwise voluntarily

surrendered, suspended or revoked by the Department.

Oklahoma Statutes - Title 2. Agriculture

F. A scrap metal dealer license issued pursuant to the

provisions of this act is valid for the conduct of business as a

scrap metal dealer only at the location specified in the

application. A separate scrap metal dealer license shall be

required for each location specified in the application form and

each license shall designate the location to which it applies. The

business of the scrap metal dealer shall not be conducted in any

place other than that designated by the license. The scrap metal

dealer license shall not be transferable.

G. The Department shall deny the license when the applicant

fails to properly complete the application form or if it is

determined that the applicant is not eligible to receive a scrap

metal dealer license.

H. A scrap metal dealer license may be renewed any time within

sixty (60) days prior to the expiration date of the license. To

renew a scrap metal dealer license, the licensee must first obtain a

renewal form from the Department. The licensee must complete the

renewal form and submit a renewal fee in the amount of One Hundred

Dollars ($100.00) to the Department. Upon receipt of the renewal

application and fee, the Department shall conduct a national

criminal history record check and investigate any other records or

information deemed by the Department to be relevant to the renewal

of the scrap metal dealer license. If the licensee appears not to

have any prohibition to renewing the scrap metal dealer license, the

Department shall issue the renewed license for a period of one (1)

year.

I. The Oklahoma Department of Agriculture, Food, and Forestry

shall promulgate rules, procedures and forms governing the

application and renewal procedures for scrap metal dealer licenses.

J. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.

Added by Laws 2013, c. 230, § 6, eff. Nov. 1, 2013. Renumbered from

§ 1429 of Title 59 by Laws 2014, c. 18, § 11, eff. Nov. 1, 2014.

Amended by Laws 2022, c. 192, § 1, eff. Nov. 1, 2022.

§2-11-99. Cancellation, revocation and reissuance of license Penalties.

A. The Oklahoma Department of Agriculture, Food, and Forestry

may suspend, cancel, revoke, or refuse reissuance of a scrap metal

dealer license after the person has an opportunity for public

Oklahoma Statutes - Title 2. Agriculture

hearing pursuant to the Administrative Procedures Act for any of the

following causes:

1. Engages in fraud or deceit in obtaining or renewing a

license;

2. Acts as a scrap metal dealer in this state without a

license;

3. Aids or abets another person in acting as a scrap metal

dealer without a license; or

4. Violates any of the provisions of the Oklahoma Scrap Metal

Dealers Act.

B. After notice and opportunity for a hearing in accordance

with the Administrative Procedures Act, if the Department finds any

person in violation of the Oklahoma Scrap Metal Dealers Act or any

rule promulgated or order issued pursuant thereto, the Department

shall have the authority to assess an administrative penalty of not

less than One Hundred Dollars ($100.00) and not more than Ten

Thousand Dollars ($10,000.00) for each violation. Each action or

each day a violation continues may constitute a separate and

distinct violation.

C. In addition to penalties and fines, the Department shall

have authority to apply to district court and obtain a temporary or

permanent injunction against anyone who violates the Oklahoma Scrap

Metal Dealers Act and shall have authority to obtain or impose civil

monetary penalties on anyone who violates the Oklahoma Scrap Metal

Dealers Act.

D. Nothing in the Oklahoma Scrap Metal Dealers Act shall

preclude the Department from seeking penalties in district court in

the maximum amount allowed by law. The assessment of penalties in

an administrative enforcement proceeding shall not prevent the

subsequent assessment by a court of the maximum civil or criminal

penalties for violations of the Oklahoma Scrap Metal Dealers Act and

rules promulgated pursuant thereto.

E. Any person assessed an administrative or civil penalty may

be required to pay, in addition to the penalty amount and interest

thereon, attorney fees and costs associated with the collection of

the penalties.

F. If any person refuses, denies or interferes with any right

of access, the Department shall have the right to apply to and

obtain from a district court an administrative or other warrant as

necessary to enforce the right of access and inspection.

G. If the Department finds any person operating as a scrap

metal dealer without a license, the Department shall have the

authority to tag as "Not For Commercial Use" any weight or measure

utilized by the scrap metal dealer.

Added by Laws 2013, c. 230, § 7, eff. Nov. 1, 2013. Amended by Laws

2014, c. 18, § 2, eff. Nov. 1, 2014. Renumbered from § 1430 of

Title 59 by Laws 2014, c. 18, § 12, eff. Nov. 1, 2014.

Oklahoma Statutes - Title 2. Agriculture

§2-12-1. Written agreement with U.S. Department of Agriculture

Wildlife Services – Wildlife damage management.

A. The Oklahoma Department of Agriculture, Food, and Forestry

shall enter into a written agreement on behalf of the State of

Oklahoma with the United States Department of Agriculture Wildlife

Services. The agreement shall be for the purpose of cooperating

with Wildlife Services in conducting wildlife damage management for

beavers, coyotes, bobcats, feral swine, and other wildlife or

invasive species causing destruction to livestock, poultry, crops,

range land, forests, and other resources, including human health and

safety.

B. Wildlife damage management of predatory animals and other

species causing damage shall include but not be limited to hunting,

trapping, or other practical methods for the control of damage to

resources. Operations shall be directly supervised by the United

States Department of Agriculture Wildlife Services in association

with the Department. The Department is authorized to enter into

cooperative agreements with counties, associations, corporations,

and individuals for hunting and trapping operations and control of

wildlife damage.

C. In cooperation with Wildlife Services, the Department is

authorized to purchase animal damage management supplies, including

but not limited to bait, for cooperating governmental agencies,

counties, associations, corporations, and individuals for the

control of damage caused by predatory animals and other species.

The Department shall make these supplies and baits available to

cooperators at approximate cost. The receipts from the sale of

supplies and baits shall be credited to the State Department of

Agriculture Revolving Fund.

D. Furs, skins, specimens or other parts or byproducts of

commercial value collected by Wildlife Services agents shall be sold

upon sealed bids after advertisement of the sales, as prescribed by

the Department. The proceeds of all sales shall be credited to the

State Department of Agriculture Revolving Fund. Any specimen may be

presented, free of charge, to any state institution subject to the

jurisdiction and control of the State of Oklahoma. No bounty shall

be collected from any source for predatory animals and wildlife

taken by Wildlife Services agents operating pursuant to a

cooperative agreement.

Added by Laws 1963, c. 173, § 1, emerg. eff. June 7, 1963. Amended

by Laws 1983, c. 242, § 10, operative July 1, 1983; Laws 2000, c.

243, § 114, emerg. eff. May 24, 2000; Laws 2017, c. 57, § 1, eff.

Nov. 1, 2017.

§2-12-2.

Agents authorized to carry firearms.

Oklahoma Statutes - Title 2. Agriculture

It shall be lawful for an authorized agent of the State Board of

Agriculture engaged in wildlife damage management, pursuant to the

provisions of Section 12-1 of this title, to carry firearms in the

course of his or her official duties. Authorized agents shall

successfully pass a background check by the Oklahoma Department of

Agriculture, Food, and Forestry and be trained in accordance with

United States Department of Agriculture Wildlife Services guidelines

for the use of firearms in wildlife damage management.

The names of agents authorized by the Board to carry firearms

shall be furnished to the Oklahoma Department of Public Safety.

Added by Laws 1983, c. 34, § 1, emerg. eff. April 20, 1983. Amended

by Laws 2000, c. 243, § 115, emerg. eff. May 24, 2000; Laws 2017, c.

57, § 2, eff. Nov. 1, 2017.

§2-12-3.

2000.

Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24,

§2-13-1. Statutes as part of code.

All statutes of Title 2 currently in effect and which are

hereafter enacted shall be considered and deemed part of the

Oklahoma Agricultural Code.

Laws 1980, c. 7, § 4, emerg. eff. March 3, 1980.

§2-14-1. Bureau of Standards established.

There shall be established a State Bureau of Standards of

weights, measures, and tests of all kinds. This Bureau shall be a

part of the Oklahoma Department of Agriculture, Food, and Forestry,

which shall provide facilities for its use. The Director of

Laboratory Services shall act as Director of the Bureau of Standards

.

Added by Laws 1915, c. 81, § 1. Amended by Laws 1971, c. 84, § 1,

emerg. eff. April 16, 1971; Laws 2000, c. 243, § 118, emerg. eff.

May 24, 2000. Renumbered from § 1 of Title 83 by Laws 2001, c. 146,

§ 249, emerg. eff. April 30, 2001. Amended by Laws 2013, c. 118, §

3, eff. Nov. 1, 2013.

§2-14-2. Standards and methods.

The Director of the Bureau of Standards shall have charge of the

various standards of weights, measures, and testing devices received

by this state from the United States pursuant to Resolutions of

Congress approved June 14, 1836, and July 27, 1866, and any future

standards which may be received from the United States. The

Director shall have charge of the various state or office standards

purchased by this state for the Bureau.

The Director shall have charge and control of the standard

methods of weighing, measuring, and testing in this state. The

Director shall maintain the standards in good order and shall submit

Oklahoma Statutes - Title 2. Agriculture

a set of standards called the reference standards to a qualified

laboratory for certification.

Added by Laws 1915, c. 81, § 3. Amended by Laws 1983, c. 65, § 1,

eff. Nov. 1, 1983; Laws 2000, c. 243, § 119, emerg. eff. May 24,

2000. Renumbered from § 3 of Title 83 by Laws 2001, c. 146, § 249,

emerg. eff. April 30, 2001. Amended by Laws 2013, c. 118, § 4, eff.

Nov. 1, 2013; Laws 2025, c. 79, § 1, eff. Nov. 1, 2025.

§2-14-3. State standards.

The weights, measures, and testing devices received from the

United States pursuant to Joint Resolutions of Congress approved

June 14, 1836, and July 27, 1866, now in the care and custody of the

State Bureau of Standards, and the weights and measures in

conformity with the Resolutions, when certified by a qualified

laboratory, shall be the state standards of weights and measures.

Copies of the state standards of weights and measures and other

weights, measures, and apparatus shall be supplied by this state to

implement the provisions of this article.

Added by Laws 1949, p. 646, § 1. Amended by Laws 1983, c. 65, § 2,

eff. Nov. 1, 1983; Laws 2000, c. 243, § 120, emerg. eff. May 24,

2000. Renumbered from § 3.1 of Title 83 by Laws 2001, c. 146, §

249, emerg. eff. April 30, 2001. Amended by Laws 2025, c. 79, § 2,

eff. Nov. 1, 2025.

§2-14-4. General control - Seal.

The Bureau of Standards shall be available to all state

departments, municipal and private corporations, and citizens of

this state. The Bureau shall be the highest official authority with

regard to standards of weights, measures, and testing devices, and

methods of weighing, measuring, and testing for this state. The

findings of the Bureau of Standards in any case or question shall be

considered prima facie evidence of the correctness of the case or

question. All officers enforcing the standards for weights,

measures, and testing devices in this state shall submit their

weighing, measuring, and testing devices to the State Bureau of

Standards at those periods determined by the Director of the Bureau

of Standards for certification and seal.

Added by Laws 1915, c. 81, § 4. Amended by Laws 1983, c. 65, § 3,

eff. Nov. 1, 1983; Laws 2000, c. 243, § 121, emerg. eff. May 24,

2000. Renumbered from § 4 of Title 83 by Laws 2001, c. 146, § 249,

emerg. eff. April 30, 2001. Amended by Laws 2013, c. 118, § 5, eff.

Nov. 1, 2013.

§2-14-5. Fees.

The State Board of Agriculture shall establish fees for all

tests and certifications made by the Bureau of Standards. The fees

shall in no case exceed those established for similar work by the

Oklahoma Statutes - Title 2. Agriculture

National Institute of Standards and Technology. The fees collected

shall be deposited with the State Treasurer in the State Department

of Agriculture Revolving Fund.

Added by Laws 1915, c. 81, § 5. Amended by Laws 1971, c. 84, § 3,

emerg. eff. April 16, 1971; Laws 2000, c. 243, § 122, emerg. eff.

May 24, 2000. Renumbered from § 5 of Title 83 by Laws 2001, c. 146,

§ 249, emerg. eff. April 30, 2001. Amended by Laws 2013, c. 118, §

6, eff. Nov. 1, 2013.

§2-14-6. Information.

The Bureau of Standards shall provide information for general

distribution, literature, and directions regarding weights, measures

and tests, and methods of weighing, measuring, and testing as

recommended by the Director of the Bureau of Standards.

Added by Laws 1915, c. 81, § 6. Amended by Laws 1971, c. 84, § 4,

emerg. eff. April 16, 1971; Laws 2000, c. 243, § 123, emerg. eff.

May 24, 2000. Renumbered from § 6 of Title 83 by Laws 2001, c. 146,

§ 249, emerg. eff. April 30, 2001. Amended by Laws 2013, c. 118, §

7, eff. Nov. 1, 2013.

§2-14-7. Legislative intent.

It is declared to be the intent of this Legislature that the

State Department of Agriculture administer this article in a manner

which will provide protection for consumers of those goods and

services which can be accurately measured, improve the quality and

safety of the products produced in this state, and provide the

assurance to the people of this state and others that manufactured

products are what they claim to be.

Added by Laws 1974, c. 84, § 1, emerg. eff. April 19, 1974. Amended

by Laws 2000, c. 243, § 124, emerg. eff. May 24, 2000. Renumbered

from § 8 of Title 83 by Laws 2001, c. 146, § 249, emerg. eff. April

30, 2001.

§2-14-31. Definitions

As used in this article:

1. “Correct” means conformance to all applicable requirements

of this article;

2. “Field standard” means the physical standards which are

traceable to the reference standards through comparisons, using

acceptable laboratory procedures, and used in the enforcement of

weights and measures laws and rules;

3. “National Conference on Weights and Measures, Inc. (NCWM)”

means the national professional organization composed of regulatory

officials, industry representatives, and individuals having an

interest in weights and measures that develop consensus standards in

areas of weighing and measuring device regulation, commodity

Oklahoma Statutes - Title 2. Agriculture

regulation, and administration of regulatory weights and measures

program;

4. “National Institute of Standards and Technology (NIST)”

means that subdivision of the United States Department of Commerce

responsible for maintaining the standard weights and measures of the

United States;

5. “Package” means any commodity put up or uniformly wrapped or

sealed in advance of sale in units suitable for either wholesale or

retail sale;

6. “Reference standards” means the physical standards of the

state which serve as the legal reference from which all other

standards and weights and measures are derived;

7. “Sale from bulk” means the sale of commodities when the

quantity is determined at the time of sale; and

8. “Weights or measures” means all weights and measures of

every kind, instruments and devices for weighing and measuring, and

any appliance and accessories associated with any instruments and

devices. “Weight” used in connection with any commodity means net

weight.

Added by Laws 1976, c. 108, § 1, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 54, emerg. eff. May 24, 2000. Renumbered

from § 5-61a of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-32. Customary use and metric system

A. The system of weights and measures in customary use in the

United States and the metric system of weights and measures are

jointly recognized. Either one or both of these systems shall be

used for all commercial purposes in the state.

B. The definitions of basic units of weight and measure, the

tables of weight and measure, and weights and measures equivalents

as published by the National Conference on Weights and Measures are

recognized and shall govern weighing and measuring equipment and

transactions in the state.

Added by Laws 1976, c. 108, § 2, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 55, emerg. eff. May 24, 2000. Renumbered

from § 5-61b of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-33. State primary and secondary standards.

Weights and measures that are traceable to the United States

prototype standards supplied by the federal government or approved

by the National Institute of Standards and Technology shall be the

state reference standards of weights and measures and shall be

maintained in the calibration prescribed by the National Institute

of Standards and Technology. All field standards may be prescribed

Oklahoma Statutes - Title 2. Agriculture

by the State Board of Agriculture and shall be verified upon their

initial receipt and as required by the Board.

Added by Laws 1976, c. 108, § 3, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 56, emerg. eff. May 24, 2000. Renumbered

from § 5-61c of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-34. Commercial and regulatory weighing and measuring devices.

The specifications, tolerances and other technical requirements

for commercial and regulatory weighing and measuring devices as

adopted by the National Conference on Weights and Measures and

published in National Bureau of Standards Handbook 44,

"Specifications, Tolerances and Other Technical Requirements for

Commercial Weighing and Measuring Devices," and supplements thereto

or revisions thereof shall apply to commercial and regulatory

weighing and measuring devices in the state, except insofar as

modified or rejected by regulation.

Added by Laws 1976, c. 108, § 4, emerg. eff. May 12, 1976. Amended

by Laws 1987, c. 68, § 1, eff. July 1, 1987; Laws 2000, c. 243, §

57, emerg. eff. May 24, 2000. Renumbered from § 5-61d of this title

by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-14-35. Board - Powers and duties conforming to National

Institute of Standards and Technology Handbook.

The State Board of Agriculture shall have the following powers

and duties:

1. Maintain traceability of the state standards to the National

Institute of Standards and Technology and adopt standard weights and

measures for products in conformity with federal standards for use

as the standard for weighing and measuring products in Oklahoma;

2. Ensure that all rules conform as nearly as practicable to

the uniform regulations adopted by the National Conference on

Weights and Measures and published in the National Institute of

Standards and Technology Handbook 130, “Uniform Laws and

Regulations”, including all supplements and revisions thereof;

3. Establish requirements for labeling, for the presentation of

cost-per-unit information, for standards of weight, measure, or

count, and for standards of fill for any packaged commodity. The

Board may establish requirements for open dating information;

4. Conduct investigations to ensure compliance with this

article;

5. Inspect and test weights and measures kept, offered, or

exposed for sale;

6. Inspect and test to ascertain if the weights and measures

commercially used are correct by:

Oklahoma Statutes - Title 2. Agriculture

a.

determining the weight, measure, or count of

commodities or things sold, offered, or exposed for

sale on the basis of weight, measure, or count, or

b. by computing the basic charge or payment for services

rendered on the basis of weight, measure, or count;

7. Approve for use weights and measures found to be correct and

reject and mark as rejected weights and measures found to be

incorrect. Approved weights and measures may be marked as approved.

Weights and measures that have been rejected may be seized if not

corrected within the time specified or if used or disposed of in a

manner not specifically authorized. The Board shall condemn and may

seize weights and measures found to be incorrect that are not

capable of being made correct;

8. Weigh, measure, or inspect packaged commodities kept,

offered or exposed for sale, sold or in the process of delivery, to

determine whether they contain the amounts represented and are in

accordance with this article and rules of the Board. The Board

shall use recognized sampling procedures adopted by the National

Conference on Weights and Measures and published in the National

Institute of Standards and Technology Handbook 133, “Checking the

Net Contents of Packaged Goods” and supplements and revisions;

9. If a method of declaring the quantity of a specific

commodity by weight, measure, numerical count, or combination does

not facilitate value comparisons by consumers or offers an

opportunity for consumer confusion, an appropriate term or unit of

weight or measure may be prescribed;

10. Allow reasonable variations from the stated quantity of

contents, including but not limited to those caused by loss or gain

of moisture during the course of good distribution practice or by

unavoidable deviations in good manufacturing practice only after the

commodity has entered intrastate commerce;

11. Set standards for inspection by rule for circumstances not

addressed by the National Institute of Standards and Technology

Handbook 130, “Uniform Laws and Regulations” and the National

Institute of Standards and Technology Handbook 133, “Checking the

Net Contents of Packaged Goods”;

12. Promulgate rules for the enforcement of the National

Institute of Standards and Technology Handbook Number 130, “Uniform

Laws and Regulations,” the National Institute of Standards and

Technology Handbook 133, “Checking the Net Contents of Packaged

Goods, and the act; and

13. Enforce the provisions of Sections 14-31 through 14-43 of

this title and rules promulgated thereto.

Added by Laws 1976, c. 108, § 5, emerg. eff. May 12, 1976. Amended

by Laws 1987, c. 68, § 2, eff. July 1, 1987; Laws 2000, c. 243, §

58, emerg. eff. May 24, 2000. Renumbered from § 5-61e of this title

Oklahoma Statutes - Title 2. Agriculture

by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

Laws 2009, c. 8, § 1, eff. July 1, 2009.

Amended by

§2-14-36. Request for testing.

The State Board of Agriculture may, at the request of the owner

or user of any weighing or measuring device, test a device upon

payment of a fee for expenses.

Added by Laws 1976, c. 108, § 6, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 59, emerg. eff. May 24, 2000. Renumbered

from § 5-61f of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-37. Enforcement of regulations.

When necessary for the enforcement of this article or rules

promulgated pursuant thereto, the State Board of Agriculture may:

1. Issue stop-use, hold, and removal orders for any weights and

measures commercially used, and issue stop-sale, hold, and removal

orders for any packaged commodities or bulk commodities kept,

offered, or exposed for sale; and

2. Seize for use as evidence any incorrect or unapproved

weight, measure, package, or commodity used, retained, offered, or

exposed for sale or sold in violation of this article or rules

promulgated pursuant thereto.

Added by Laws 1976, c. 108, § 7, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 60, emerg. eff. May 24, 2000. Renumbered

from § 5-61g of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-38. Definitions - Unlawful acts.

A. For the purposes of this section:

1. "Advertised price" means the price of a consumer item which

price a store has caused to be disseminated by means of promotional

methods such as an in-store sign, newspaper, circular, television,

radio advertising, or other means;

2. "Board" means the State Board of Agriculture;

3. "Computer-assisted checkout system" means any electronic

device, computer system, or machine which determines the selling

price of a consumer item by interpreting the UPC of the consumer

item, or any other use of a similar price look-up function;

4. "Commissioner" means the Commissioner of the Department of

Agriculture, Food, and Forestry;

5. "Consumer item" means each item being offered or exposed for

sale;

6. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

7. "Inspector" means an authorized representative of the

Oklahoma Department of Agriculture, Food, and Forestry;

Oklahoma Statutes - Title 2. Agriculture

8. "Item price" means the tag, stamp, or mark affixed by an

authorized person to a consumer item which sets forth, in Arabic

numerals, the retail price thereof;

9. "Manually entered prices" means any method of determining

the selling price of a consumer item by means other than a computerassisted checkout system;

10. "Price look-up function" means the capacity of any checkout

system to determine the retail price of a consumer item by way of

the manual entry into the system of a code number assigned to that

particular consumer item by an inspector or the store or the

checkout operator's consultation of a file maintained at the point

of sale or within the store;

11. "Sale price" means the price of consumer items offered for

sale in good faith at a price below the price for which the consumer

items are usually sold in the store;

12. "Shelf price" means the sign or tag placed by an authorized

person at each point of display which clearly sets forth the retail

price of the consumer item;

13. "Store" means any establishment which offers consumer items

for sale at retail. Each separate building within which consumer

items are offered for sale at retail shall constitute a separate

store location for purposes of this section;

14. "Store-coded item" means the application of a UPC to any

consumer item by that particular store; and

15. "Universal product code" (UPC) means the digital figure

depicted through the use of bars and spaces, typically attached by

the manufacturer or distributor, which may be scanned into the

pricing system of a store.

B. 1. It shall be unlawful for any person to:

a.

sell, offer, or expose for sale a quantity less than

the quantity represented,

b.

take more than the represented quantity when, as a

buyer, the person furnishes the weight or measure by

means of which the quantity is determined,

c.

represent the quantity in any manner calculated or

tending to mislead or in any way deceive another

person, or

d.

misrepresent the price of any commodity or service

sold, offered, exposed, or advertised for sale by

weight, measure, or count or represent the price in

any manner calculated or tending to mislead or in any

way deceive a person.

2. It shall be unlawful for a store to charge a retail price

for any consumer item which exceeds the lowest then price in that

store, whether a shelf, sale, advertised, or otherwise publicly

communicated price, of the consumer item.

Oklahoma Statutes - Title 2. Agriculture

C. Every person, store, firm, partnership, corporation, or

association which sells, offers for sale, or exposes consumer items

for sale at retail within this state shall disclose to the consumer

the item price of the consumer items by:

1. Causing to be conspicuously, clearly, and plainly marked,

stamped, typed, or affixed to the items, the retail price in Arabic

numerals; or

2. Disclosing to the consumer the item price of the consumer

items by causing a shelf price to be posted at the point of display

in Arabic numerals or maintaining a price look-up function for the

consumer items, except for consumer items held in outside storage

and warehouses.

D. 1. If the shelf labels do not conform with the provisions

of this section, the store shall be subject to the following

penalties:

a.

for violations discovered upon the first inspection

following any twelve-month period in which no

violation of this section has been found, the store

will receive a Letter of Warning and be placed on an

increased inspection frequency. Stores will remain on

an increased inspection frequency until they have

achieved a twelve-month period in which no violation

of this section has been found,

b.

for violations identified in the second inspection

following any twelve-month period within which no such

violations have been found, a penalty in the amount of

Ten Dollars ($10.00) per violation shall be imposed,

but in no event shall the total penalty for all

violations identified at the second inspection exceed

Five Hundred Dollars ($500.00), and

c.

for violations identified in a third or subsequent

inspection in a twelve-month period following a

previous violation of this section, the penalties

shall be doubled, up to a maximum of One Thousand

Dollars ($1,000.00) per inspection.

2. Every day a violation is continued shall constitute a

separate violation.

E. For the purpose of determining the compliance of a store

with this section, an inspection shall be conducted of a sample of

no fewer than fifty and no more than three hundred consumer items,

with inspectors typically sampling fifty consumer items for each

cash register that may be operational in a given store using a

computer-assisted checkout system. Inspections for manually entered

prices may consist of sample sizes of no fewer than ten and no more

than fifty items. The sample shall be selected by the inspector

from a cross section of all items offered for sale at the store

inspected.

Oklahoma Statutes - Title 2. Agriculture

F. 1. For any price accuracy inspection under this section,

the store representative shall afford the inspector access to the

test mode of the computer-assisted checkout system in use at the

store or to a comparable function of the system and to the retail

price information contained in any price look-up system.

2. In a store with a laser scanning or other computer-assisted

checkout system, the inspector shall be permitted, whether through

an agency issued scanner or otherwise, to compare the item, shelf,

sale, or advertised price of any consumer items offered in the

store, not to exceed three hundred consumer items selected from a

cross section of all items offered for sale at the location at any

one inspection, with the programmed computer price. Inspectors

should sample fifty consumer items for each cash register that may

be operational in a given store not to exceed three hundred consumer

items selected from a cross section of all items offered for sale at

the location of that store at any one inspection. The store shall

provide access to its computers as necessary for the inspector to

make the inspection.

G. Undercharges shall not be considered an inaccurately priced

item when calculating price accuracy under this section.

H. Stores on a routine inspection frequency may be inspected

once per six (6) months, depending upon available resources of the

Department. Stores on an increased inspection frequency may be

inspected in sixty-day intervals.

I. Any prior adoption in statute or rule of the Examination

Procedure for Price Verification Handbook 130 issued by the National

Institute of Standards and Technology is revoked. However, the

inspection and testing procedures used by inspectors shall generally

conform to the standards of the then current Handbook 130 issued by

the National Institute of Standards and Technology, specifically

including verification procedures for manually entered prices.

J. Any store found in violation of this section shall be

subject to the penalties specified in this subsection. Each day on

which a violation is continued shall constitute a separate

violation. The failure to accurately price ninety-five percent

(95%) of all consumer items sampled as part of a given inspection

shall be deemed a failed inspection. If the programmed computer

price or manual checkout price, in cases where there is no

programmed computer price, exceeds the shelf, sale, advertised, or

otherwise publicly communicated price of any consumer item, the

store shall be subject to the following penalties:

1. For violations discovered upon the first inspection

following any twelve-month period in which no violation of this

section has been found, the store will receive a Letter of Warning

and be placed on an increased inspection frequency. Stores shall

remain on an increased inspection frequency until they have achieved

Oklahoma Statutes - Title 2. Agriculture

a twelve-month period in which no violation of this section has been

found;

2. For violations discovered upon the second inspection

following any twelve-month period in which no violation of this

section has been found, the store shall pay a penalty of Seventyfive Dollars ($75.00) for each consumer item which results in an

overcharge or potential overcharge;

3. Third violations discovered within any twelve-month period

will be assessed a one-hundred-fifty-dollar penalty per consumer

item which results in an overcharge or potential overcharge;

4. Fourth violations discovered within any twelve-month period

will be assessed a two-hundred-fifty-dollar penalty per consumer

item which results in an overcharge or potential overcharge;

5. Fifth violations discovered within any twelve-month period

will be assessed a three-hundred-fifty-dollar penalty per consumer

item which results in an overcharge or potential overcharge; and

6. Sixth or subsequent violations within any twelve-month

period will be assessed a five-hundred-dollar penalty per consumer

item which results in an overcharge or potential overcharge, with a

maximum penalty per overcharge of Five Hundred Dollars ($500.00) per

consumer item, regardless of additional violations per inspection

per store location.

K. The provisions of the Oklahoma Small Business Regulatory

Flexibility Act pertaining to waiver or reduction of any

administrative penalty or administrative fine shall not be

applicable to this section and may not be relied upon for a

reduction or deferral or as imposing any procedural prerequisite or

as a defense, respecting actions investigated and/or brought under

this section.

L. Persons primarily engaged in selling lumber and other

building materials classified under Industry Group No. 4441 of the

North American Industrial Classification System (NAICS), except for

national home centers classified under NAICS code 444110, shall be

exempt from this section.

M. The State Board of Agriculture shall have the authority to

promulgate rules as necessary to carry out the purposes of this

section.

Added by Laws 1976, c. 108, § 8, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 61, emerg. eff. May 24, 2000. Renumbered

from § 5-61h of Title 2 by Laws 2000, c. 243, § 126, emerg. eff. May

24, 2000. Amended by Laws 2007, c. 200, § 5, eff. Nov. 1, 2007;

Laws 2009, c. 8, § 2, eff. July 1, 2009; Laws 2010, c. 434, § 1,

eff. July 1, 2010; Laws 2017, c. 363, § 1, eff. Nov. 1, 2017.

§2-14-38a. Compliance.

Any person subject to the provisions of Sections 14-31 through

14-43 of Title 2 of the Oklahoma Statutes shall comply with the

Oklahoma Statutes - Title 2. Agriculture

provisions of the National Institute of Standards and Technology

Handbook 130, “Uniform Laws and Regulations,” and supplements or

revisions and the National Institute of Standards and Technology

Handbook 133, “Checking the Net Contents of Packaged Goods,” and

supplements or revisions.

Added by Laws 2009, c. 8, § 3, eff. July 1, 2009.

§2-14-39. Liquid measure.

Except as provided by the State Board of Agriculture,

commodities in liquid form shall be sold by liquid measure or by

weight. Commodities not in liquid form shall be sold only by

weight, measure, or count, so long as the method of sale provides

accurate quantity information.

Added by Laws 1976, c. 108, § 9, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 62, emerg. eff. May 24, 2000. Renumbered

from § 5-61i of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-40. Labeling.

A. Except as provided in this article or by rules promulgated

pursuant thereto, any package kept for the purpose of sale, offering

for sale, or exposing for sale shall bear on the outside of the

package a definite, plain, and conspicuous declaration of:

1. The identity of the commodity in the package, unless the

commodity can easily be identified through the wrapper or container;

2. The quantity of contents in terms of weight, measure, or

count; and

3. The name and place of business of the manufacturer, packer,

or distributor if the package is kept, offered or exposed for sale,

or sold in any place other than the premises where packed.

B. In addition, any package being one of a lot containing

random weights of the same commodity and bearing the total selling

price of the package shall bear on the outside of the package a

plain and conspicuous declaration of the price per single unit of

weight.

Added by Laws 1976, c. 108, § 10, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 63, emerg. eff. May 24, 2000. Renumbered

from § 5-61j of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-41. Advertising.

Whenever a packaged commodity is advertised in any manner and

the retail price is stated, a declaration of quantity shall also

appear on the package closely associated with the retail price.

Where a dual declaration is required, only the declaration that sets

forth the quantity in terms of the smaller unit of weight or measure

need appear in the advertisement.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1976, c. 108, § 11, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 64, emerg. eff. May 24, 2000. Renumbered

from § 5-61k of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-42. Penalty.

It shall be unlawful for any person to violate any provision of

this article or rules promulgated by the State Board of Agriculture.

No person shall:

1. Use or have in possession for use in commerce any incorrect

weight or measure;

2. Remove any tag, seal, or mark from any weight or measure

without specific written authorization from the proper authority; or

3. Hinder or obstruct any weights and measures official in the

performance of the duties of such official.

Added by Laws 1976, c. 108, § 12, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 65, emerg. eff. May 24, 2000. Renumbered

from § 5-61l of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-43. Injunction - Presumption.

If a weight or measure or weighing or measuring device exists

where buying or selling is commonly carried on, there shall be a

rebuttable presumption that the weight, measure, or weighing or

measuring device is regularly used for business purposes.

Added by Laws 1976, c. 108, § 13, emerg. eff. May 12, 1976. Amended

by Laws 2000, c. 243, § 66, emerg. eff. May 24, 2000. Renumbered

from § 5-61m of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-61. Short title.

This article shall be known as the “Oklahoma Service Technician

and Service Agency Act”.

Added by Laws 1990, c. 249, § 1, eff. Jan. 1, 1991. Amended by Laws

2000, c. 243, § 67, emerg. eff. May 24, 2000. Renumbered from § 562.1 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000.

§2-14-62. Definitions.

As used in the Oklahoma Service Technician and Service Agency

Act:

1. “Commercial weighing and measuring device” means any weight

or measure that is used or employed in establishing size, quantity,

grade, extent, area, measurement of quantities, things, products, or

articles for distribution or consumption which are purchased,

offered or submitted for sale, hire or award, or in computing any

basic charge or payment for services rendered. The term commercial

Oklahoma Statutes - Title 2. Agriculture

weighing and measuring device shall also include any accessory

attached to or used in connection with a weighing or measuring

device when the accessory is so designed or installed that its

operation affects, or may affect, the accuracy of the weight or

measure;

2. “Placing-in-service report” means a report on a form

approved by the State Board of Agriculture listing the name,

address, and location of the commercial weight or measure, and

information stating in detail what services were performed and

whether the weight or measure is new or removed from the premises,

the date the service was performed, and other required information;

3. “Service” means to install, adjust, sell, repair, condition,

recondition, overhaul, test, or remove from installation, a weight,

measure, or weighing or measuring device;

4. “Service agency” means any person who services a weight or

measure for hire, award, commission, or any other payment of kind;

5. “Service technician” means any individual who services a

weight or measure for hire, award, commission, or any other payment

of kind; and

6. “Test” means to test a weighing and measuring device

according to the laws, rules, and the specifications and tolerances

adopted by the National Conference on Weights and Measures and

published in Handbook 44, “Specifications, Tolerances and Other

Technical Requirements for Weighing and Measuring Devices”.

Added by Laws 1990, c. 249, § 2, eff. Jan. 1, 1991. Amended by Laws

2000, c. 243, § 68, emerg. eff. May 24, 2000. Renumbered from § 562.2 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000.

§2-14-63. License required - Issuance - Qualifications - Apprentice

license - Applications - Categories of weights or measures Contents of license - Termination of employment - Conviction of

felony - Expiration date - Fees - Exemptions from act.

A. It shall be unlawful for any person to do business as a

service agency or service technician without first obtaining a valid

license issued by the State Board of Agriculture and paying the

license fee.

B. A service agency license may be issued by the Board after

submitting an application on a form prescribed by the Board. The

service agency shall have the appropriate amount of equipment and

standards and have employed a qualified licensed service technician

in each category as stated on the application and such other

information as required by the Board. Failure to show proper

qualification under the rules prescribed by the Board or for

violations of any of the provisions of the Oklahoma Service

Technician and Service Agency Act shall be grounds for the Board to

deny the issuance or renewal of the license.

Oklahoma Statutes - Title 2. Agriculture

C. An apprentice service technician license may be issued after

submitting an application on a form prescribed by the Board. The

apprenticeship license for new applicants, with no device-related

educational training from an accredited or recognized institution or

experience, shall be in effect for one year. All apprentice service

technicians shall work under the supervision of a licensed service

technician when servicing a weight or measure. Failure to show

proper qualifications under the rules prescribed by the Board or

violations of any provisions of the Oklahoma Service Technician and

Service Agency Act shall make it the duty of the Board to deny the

issuance or renewal of the license.

D. 1. An applicant for a service technician license shall

submit an application on a form prescribed by the Board. Failure to

show proper qualifications under the rules prescribed by the Board

or violations of any of the provisions of the Oklahoma Service

Technician and Service Agency Act shall make it the duty of the

Board to deny the issuance or renewal of the license.

2. A service technician license may be issued by the Board

pursuant to the provisions of the Oklahoma Service Technician and

Service Agency Act, provided the applicant qualifies under the

provisions of the Oklahoma Service Technician and Service Agency Act

or any rule promulgated by the Board and the applicant is limited to

the category or categories of weight or measure named on the

license. The Board shall establish necessary categories of weight

or measure service.

3. Each service technician license shall specify the kind of

work in which the applicant is authorized to engage, and shall show

the name and address of the person to whom it is issued, and the

name of the service agency with whom the individual is employed.

4. No service technician license shall be issued or remain

valid if the Board finds that the applicant has been convicted of a

weight or measure-related felony charge in any state or territory of

the United States.

5. Any apprentice technician license and service technician

license upon separation of employment with the licensed service

agency as stated on the license shall be returned to the Board.

Failure to return and continued use of license upon separation of

employment shall constitute a violation. The service agency shall

immediately report the separation or termination of a licensed

service technician's employment to the Board.

E. All licenses are nontransferable. All licenses shall expire

on a date specified by the Board and may be renewed for the ensuing

year, without penalty. If application is not received within thirty

(30) days of expiration date, a penalty of twice the amount of the

renewal fee shall be charged for renewal of the license as

applicable.

Oklahoma Statutes - Title 2. Agriculture

F. The following fees shall be paid to the Board. All fees

collected by the Board, pursuant to this subarticle, shall be

deposited in the State Board of Agriculture Revolving Fund:

1. A fee of One Hundred Dollars ($100.00) for the issuance or

renewal of a license as a service agency;

2. A fee of Twenty-five Dollars ($25.00) for issuance or

renewal of a license as a service technician for each category of

weights and measures serviced;

3. A fee of Ten Dollars ($10.00) for the issuance of a license

for an apprentice service technician; and

4. A fee of Ten Dollars ($10.00) for the issuance of a

duplicate license.

G. The Oklahoma Service Technician and Service Agency Act shall

not apply to public utilities, public service corporations, rural

electric associations, or municipal utilities and their subsidiaries

during work on their own facilities or during the performance of

energy audits, operations, inspections, maintenance, or repairs for

their customers or on their own equipment.

Added by Laws 1990, c. 249, § 3, eff. Jan. 1, 1991. Amended by Laws

2000, c. 243, § 69, emerg. eff. May 24, 2000. Renumbered from § 562.3 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000.

§2-14-64. Board - Powers and Duties.

When necessary for the enforcement of the Oklahoma Service

Technician and Service Agency Act, the State Board of Agriculture

shall have the following powers and duties:

1. Issue stop sale, stop use, hold, and removal orders with

respect to any weight or measure found to be in violation of the

Oklahoma Service Technician and Service Agency Act;

2. Seize for use as evidence any incorrect or unapproved weight

or measure found to be used, retained, or sold in violation of the

Oklahoma Service Technician and Service Agency Act or rules

promulgated pursuant thereto;

3. Conduct investigations to ensure compliance with the

Oklahoma Service Technician and Service Agency Act and rules

promulgated thereto; and

4. Enter into contracts with state or federal agencies for the

conduct of weight and measure testing.

Added by Laws 1990, c. 249, § 4, eff. Jan. 1, 1991. Amended by Laws

2000, c. 243, § 70, emerg. eff. May 24, 2000. Renumbered from § 562.4 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000.

§2-14-65. Service technicians and service agencies - Powers, duties

and responsibilities.

Licensed service technicians and service agencies shall:

Oklahoma Statutes - Title 2. Agriculture

1. Submit a placing in service report to the State Board of

Agriculture within five (5) calendar days after service is provided

when required by the Board;

2. Have the authority to remove an official rejection tag after

the device has been repaired, tested, and found to meet

requirements. The rejection tag and the service technician/service

agency test report shall accompany the placing-in-service report

submitted to the Board;

3. Attach a seal approved by the Board identifying the service

agency, signed and dated by the service technician, stating that the

commercial device has been tested in accordance with the provisions

in Handbook 44 and is suitable for use as a commercial device;

4. Have available and use sufficient standards and equipment to

adequately test weights and measures as set forth in the notes

section of each applicable code in Handbook 44, “Specifications,

Tolerances and Other Technical Requirements for Weighing and

Measuring Devices”, and have the handbook in their possession. The

equipment shall meet the specifications corresponding to the series

of NIST Handbook 105, “Specifications and Tolerances for Reference

Standards and Field Standard Weights and Measures”, supplements and

revisions;

5. Submit to the Board, as required by the Board of Control of

the State Bureau of Standards, for examination and certification,

any standards and testing equipment that are used or are to be used

in the performance of the service and testing functions. A licensed

service technician or service agency shall not use any weight or

measure standard or testing equipment that has not been approved by

the Board; and

6. Maintain all records required by the Board.

Added by Laws 1990, c. 249, § 5, eff. Jan. 1, 1991. Amended by Laws

2000, c. 243, § 71, emerg. eff. May 24, 2000. Renumbered from § 562.5 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000.

§2-14-66. Owner serviced and maintained devices.

Nothing in the Oklahoma Service Technician and Service Agency

Act shall prohibit a weight or measure owner or a regular employee

of the owner from servicing or repairing a device. However, if the

device is found out of tolerance and is rejected by the State Board

of Agriculture, the owner is responsible for repairing the device

within the time specified on the rejected tag. In addition, the

owner shall notify the Board when the device is repaired and in

operation. The owner shall pay a fee commensurate with the expense

incurred by the Board in performing the follow-up inspection or

test.

Added by Laws 1990, c. 249, § 6, eff. Jan. 1, 1991. Amended by Laws

2000, c. 243, § 72, emerg. eff. May 24, 2000. Renumbered from § 5-

Oklahoma Statutes - Title 2. Agriculture

62.6 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000.

§2-14-67. Owner serviced and maintained devices.

Nothing in the Oklahoma Service Technician and Service Agency

Act shall prohibit a weight or measure owner or a regular employee

of the owner from servicing or repairing a device. However, if the

device is found out of tolerance and is rejected by the State Board

of Agriculture, the owner is responsible for repairing the device

within the time specified on the rejected tag. In addition, the

owner shall notify the Board when the device is repaired and in

operation. The owner shall pay a fee commensurate with the expense

incurred by the Board in performing the follow-up inspection or

test.

Added by Laws 1990, c. 249, § 6, eff. Jan. 1, 1991. Amended by Laws

2000, c. 243, § 73, emerg. eff. May 24, 2000. Renumbered from § 562.7 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000.

§2-14-68. Administration and enforcement of act - Rules,

regulations, standards and evaluations.

The State Board of Agriculture shall administer and enforce the

provisions of the Oklahoma Service Technician and Service Agency Act

and shall promulgate rules, standards and evaluations, and work

performance of each category of weight or measure. The rules, and

standards or evaluation of weight or measure shall conform as nearly

as practicable to the handbooks as specified in this article and

adopted by the National Conference on Weights and Measures.

Added by Laws 1990, c. 249, § 8, eff. Jan. 1, 1991. Amended by Laws

2000, c. 243, § 74, emerg. eff. May 24, 2000. Renumbered from § 562.8 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000.

§2-14-69. Suspension, cancellation, revocation or refusal to reissue license - Violations - Criminal penalties.

A. The State Board of Agriculture may suspend, cancel, revoke,

or refuse reissuance of a license after the person has an

opportunity for public hearing pursuant to the Administrative

Procedures Act. In addition, the person may be prosecuted for any

of the following violations:

1. Failure to correct work on each job which fails to meet the

requirements and required testing procedures as adopted by the

National Conference on Weights and Measures and published in

Handbook 44 as amended;

2. Failure to complete the placing-in-service report in its

entirety and to report the accurate description of parts replaced,

adjusted, or reconditioned and work performed;

Oklahoma Statutes - Title 2. Agriculture

3. Failure to report in a contract or work agreement a written

explanation of the actual repairs required to repair the weight or

measure to meet the requirements;

4. Failure to furnish to the Board, upon request, duplicated

copies of the service agency or any service technician weight or

measure test report, or any other information required by the Board;

5. To test or place in service a weight or measure that does

not meet the requirements for a commercial device as specified in

Handbook 44 and the required testing procedures for the category of

weight and measure;

6. Making a misrepresentation for the purpose of defrauding;

7. Operating as a service technician or service agency without

proper license;

8. Repairing a weight or measure unless the repair involved

causes the weight or measure to meet the requirements of the

Oklahoma Service Technician and Service Agency Act for at least

ninety (90) days after the repairs;

9. Failure to submit a placing-in-service report to the Board

within five (5) calendar days after that repair, installation, or

removal is performed; and

10. Filing a false or fraudulent application to the Board.

B. It shall be unlawful for any person, holder or nonholder of

a valid license to violate any provisions of the Oklahoma Service

Technician and Service Agency Act or rules promulgated thereto. Any

violation shall be punishable by the imposition of a fine of not

less than One Hundred Dollars ($100.00) and not more than Ten

Thousand Dollars ($10,000.00).

Added by Laws 1990, c. 249, § 9, eff. Jan. 1, 1991. Amended by Laws

2000, c. 243, § 75, emerg. eff. May 24, 2000. Renumbered from § 562.9 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,

2000.

§2-14-81. Analytical laboratory - Purposes.

The State Department of Agriculture is directed to establish, at

the earliest practicable time, as a function of the State Department

of Agriculture, analytical laboratory facilities for the following

purposes:

1. Conducting analyses to determine the qualitative and

quantitative amounts of pesticidal residues or other objectionable,

harmful, or deficient materials in crops, foodstuffs, water, and

other materials destined for human consumption or for animal feeds

including forage crops and whole grains which are shipped in

intrastate commerce in Oklahoma or which are sold or to be sold for

human consumption or for animal feeds in Oklahoma;

2. Conducting tests and making qualitative and quantitative

analyses to determine:

Oklahoma Statutes - Title 2. Agriculture

a.

the quality or wholesomeness of manufactured milk and

manufactured dairy products,

b.

diseases affecting animal health, and

c.

various ingredients or components of feed, fertilizer,

and pesticides; or

3. Any other chemical tests or analyses concerning agricultural

products regulated or monitored by the State Board of Agriculture.

Added by Laws 1965, c. 497, § 1, emerg. eff. July 19, 1965. Amended

by Laws 2000, c. 243, § 20, emerg. eff. May 24, 2000. Renumbered

from § 2-19 of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-82. Tolerances.

The State Department of Agriculture shall establish tolerances

for pesticidal chemicals in foodstuffs and other materials destined

for human consumption or animal feeds including forage crops and

grains except where tolerances are established by the State Board of

Health on foodstuffs or other materials for human consumption for

which the State Board of Health has regulatory jurisdiction by law.

Copies of the tolerances shall be made available to any agency,

person, group, company or other organization requesting the

tolerances.

Added by Laws 1965, c. 497, § 2, emerg. eff. July 19, 1965. Amended

by Laws 2000, c. 243, § 21, emerg. eff. May 24, 2000. Renumbered

from § 2-20 of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-83. Time of operation - Fees - Use of other laboratories.

A. The State Department of Agriculture shall determine the days

and hours of the operation of the State Department of Agriculture

laboratory. The laboratory shall conduct qualitative and

quantitative analyses of pesticidal residues and other chemical

determinations of agricultural products contained in samples

submitted, by any person, agency, group, or other organization.

B. The State Board of Agriculture shall promulgate a schedule

of fees for work performed by the laboratory. The fees shall be

calculated to help defray the costs of operating the laboratory

including, but not limited to: salaries, chemicals, materials,

equipment, and repairs to and replacement of materials, equipment,

and buildings. Fees paid by state offices and agencies utilizing

the services of the laboratory shall be paid from their general

appropriations.

C. The Department is authorized to have a test or determination

made in a qualified laboratory other than the Department laboratory.

Any determination or test made by another qualified laboratory shall

be considered official for that particular sample.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1965, c. 497, § 3, emerg. eff. July 19, 1965. Amended

by Laws 2000, c. 243, § 22, emerg. eff. May 24, 2000. Renumbered

from § 2-21 of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-14-84. Disposition of fees.

All fees collected for analytical work in the laboratory shall

be deposited in the State Department of Agriculture Revolving Fund

and shall be used solely to perform analytical work.

Added by Laws 1965, c. 497, § 5, emerg. eff. July 19, 1965. Amended

by Laws 2000, c. 243, § 23, emerg. eff. May 24, 2000. Renumbered

from § 2-23 of this title by Laws 2000, c. 243, § 126, emerg. eff.

May 24, 2000.

§2-15-1. Agricultural fair corporations - Land, buildings and

improvements - Purposes.

A. Agricultural Fair Corporations may:

1. Purchase, hold or lease or otherwise acquire any quantity of

land necessary for their proper operation, with such buildings and

improvements as may be erected thereon;

2. Sell, lease, or otherwise dispose of such land, buildings

and improvements at their pleasure.

B. Real estate must be held for the purpose of erecting

buildings and making other improvements thereon, to:

1. Promote and encourage:

a.

agriculture,

b.

horticulture,

c.

mechanics,

d.

manufacturers,

e.

stock raising,

f.

4-H clubs,

g.

Future Farmers of America,

h.

Home Demonstration Clubs,

i.

poultry raising,

j.

arts,

k.

trades,

l.

crafts,

m.

hobbies,

n.

industry,

o.

commerce, and

p.

the general welfare of the people; and

2. Cooperate as may be deemed advisable by the Corporation’s

Board of Directors with:

a.

the state and federal agriculture extension

organizations,

b.

cooperative marketing associations,

c.

livestock and crop improvement associations, and

Oklahoma Statutes - Title 2. Agriculture

d.

other farm, industrial, commercial or educational

organizations.

R.L. 1910, § 22. Amended by Laws 1951, p. 1, § 1; Laws 2001, c.

146, § 146, emerg. eff. April 30, 2001. Renumbered from § 31 of

this title by Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

§2-15-2. Limitation on indebtedness - Purchase of realty Mortgages - Directors' liability.

Agricultural Fair Corporations shall not contract any debts or

liabilities in excess of the amount of money in the treasury at the

time of contract except for the purchase of real property, for which

they may create a debt not exceeding Three Thousand Dollars

($3,000.00), secured by mortgage on the property of the corporation.

The directors of any Agricultural Fair Corporation who vote therefor

shall be personally liable for any debt contracted or incurred in

violation of this section.

R.L. 1910, § 23. Amended by Laws 2001, c. 146, § 147, emerg. eff.

April 30, 2001. Renumbered from § 32 of this title by Laws 2001, c.

146, § 267, emerg. eff. April 30, 2001.

§2-15-3. Capital stock and income - Charges and fees - Bylaws Limitation of charges.

A. Agricultural Fair Corporations shall not be conducted for

profit, and shall have no capital stock or income other than that

derived from charges to exhibitors and fees for membership and

admissions. Such charges and fees, together with the term of

membership and mode of acquiring membership shall be provided for in

the bylaws of the corporations.

B. Any charges and fees shall not be greater than necessary to

raise sufficient money to discharge the debt for the real estate and

the improvements thereon, and to defray the current expenses of

fairs.

R.L. 1910, § 24. Amended by Laws 2001, c. 146, § 148, emerg. eff.

April 30, 2001. Renumbered from § 33 of this title by Laws 2001, c.

146, § 267, emerg. eff. April 30, 2001.

§2-15-4. Organization of agricultural fair corporations - Rights,

privileges and liabilities.

Agricultural Fair Corporations may be organized by three or more

persons, as in the case of other corporations, with all the rights,

privileges and liabilities appertaining to such corporations under

the corporation laws of this state, including the rights and

privileges as are specified in this section and Sections 146 through

148 of this act.

R.L. 1910, § 25. Amended by Laws 2001, c. 146, § 149, emerg. eff.

April 30, 2001. Renumbered from § 34 of this title by Laws 2001, c.

146, § 267, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-15-5. Special premiums - Appropriations.

The county commissioners of the counties of this state, having a

county fair association, organized pursuant to the laws of Oklahoma,

are hereby authorized to appropriate any sum of money not to exceed

Five Hundred Dollars ($500.00) each year to be offered as special

premiums, such special premiums to be determined upon by the county

commissioners and the directors of the fair association. Such money

shall be used to pay premiums of the county fair for exhibits of

agricultural and horticultural products and improved stock.

Added by Laws 1910-11, c. 118, p. 260, § 1. Amended by Laws 2001,

c. 146, § 150, emerg. eff. April 30, 2001. Renumbered from § 35 of

this title by Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

§2-15-6. Funds for special premiums - Audit and allowance of bills

- Certificates of fair association officers - Speed exhibitions and

races excepted.

A. The funds provided for in Section 15-5 of this title shall

be derived from any funds on hand, not otherwise appropriated, in

the contingent fund of the county. The county commissioners shall

audit and allow bills presented by persons to whom premiums have

been awarded as in other cases, on filing with the bill, a

certificate of the secretary and treasurer of the fair association.

The certificate shall state the person to whom the premium was

awarded, and the amount and character of the exhibit for which

premium was awarded.

B. No part of the appropriation shall be allowed or paid for

exhibitions of speed or races.

Added by Laws 1910-11, c. 118, p. 260, § 2. Amended by Laws 2001,

c. 146, § 151, emerg. eff. April 30, 2001. Renumbered from § 36 of

this title by Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

§2-15-7. Special election - Petition - Question to be submitted.

The county commissioners when petitioned to do so by thirty

percent (30%) of the resident taxpayers of their county shall call a

special election of the resident taxpayers for purposes of this

section. The commissioners shall submit the question to the

resident taxpayers "Shall the county commissioners appropriate any

sum of money, not to exceed one-half of one mill on the total

assessed valuation of their counties for each current year, for

premiums on agricultural and horticultural products and on purebred

livestock and poultry?"

Added by Laws 1910-11, c. 118, p. 260, § 3. Amended by Laws 2001,

c. 146, § 152, emerg. eff. April 30, 2001. Renumbered from § 37 of

this title by Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

§2-15-8.

Special election - Petition - Management of fair.

Oklahoma Statutes - Title 2. Agriculture

The petition to the county commissioners shall name the stock

show or fair association that the petitioners desire to manage the

stock show or fair.

Added by Laws 1910-11, c. 118, p. 260, § 4. Amended by Laws 2001,

c. 146, § 153, emerg. eff. April 30, 2001. Renumbered from § 38 of

this title by Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

§2-15-9. Notice to allow and pay premiums - Amount - Free admission

to fair as condition - Premium list.

When directed by a vote of the resident taxpayers, as provided

in Section 15-7 of this title, the county commissioners shall at

their first meeting thereafter, notify the officers of the stock

show or fair association named in the petition that the premiums

shall be allowed and paid to the amount named in the petition and no

more, provided, that admittance is free at all times to the stock

show or fair association at which the premiums are offered. The

commissioners shall determine and notify the association of the

number and amount of premiums to be offered and have a premium list

printed, which shall be furnished free to all interested. The

premiums shall be paid in accordance with the list.

Added by Laws 1910-11, c. 118, p. 261, § 5. Amended by Laws 2001,

c. 146, § 154, emerg. eff. April 30, 2001. Renumbered from § 39 of

this title by Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

§2-15-10. Payment of premiums - Vouchers - Execution and

certification.

The county commissioners shall not pay premiums except on a

voucher. The voucher shall state the name of the person and the

person’s address to whom the premium was awarded. The voucher must

be signed by the judge who awards the premium. The voucher must

also be signed and certified by the person acting as clerk to the

judge.

Added by Laws 1910-11, c. 118, p. 261, § 6. Amended by Laws 2001,

c. 146, § 155, emerg. eff. April 30, 2001. Renumbered from § 40 of

this title by Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

§2-15-11. Funds for special premiums - County contingent fund Special tax levy.

The funds provided for by Sections 146 through 159 of this act

shall be derived from any fund on hand, and not otherwise

appropriated, in the contingent fund of the county. If the amount

available in the contingent fund is insufficient then the county

commissioners are authorized and directed to make a special tax levy

for the contingent fund for the amount necessary.

Added by Laws 1910-11, c. 118, p. 261, § 7. Amended by Laws 2001,

c. 146, § 156, emerg. eff. April 30, 2001. Renumbered from § 41 of

this title by Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-15-12. Audit and allowance of bills for premiums - Warrants.

The county commissioners at a special meeting to be held on the

last day of the stock show or fair, or as soon thereafter as

possible shall:

1. Audit and allow bills presented by the persons to whom

premiums have been awarded, or to their order; and

2. Order the county clerk to issue a warrant for the bills.

Added by Laws 1910-11, c. 118, p. 261, § 8. Amended by Laws 2001,

c. 146, § 157, emerg. eff. April 30, 2001. Renumbered from § 42 of

this title by Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

§2-15-13. Investment of monies in Free Fair Building Fund in

government bonds or notes.

Any and all monies in the "Free Fair Building Fund" of any

county which has been raised by levy therefor or transfer into the

Fund from the sinking funds of the county may be invested by the

board of county commissioners with the approval of the directors of

the county free fair association, in bonds or notes issued by the

United States Government or the Treasury Department of the United

States.

Added by Laws 1943, p. 5, § 1. Amended by Laws 2001, c. 146, § 158,

emerg. eff. April 30, 2001. Renumbered from § 44 of this title by

Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

§2-15-14. Retirement pay for employees of Agricultural Fair

Corporations.

The Board of Directors of any nonprofit Agricultural Fair

Corporation organized under the laws of the State of Oklahoma may

establish a retirement pay plan for any of its employees faithfully

performing his or her duties for a period of more than thirty (30)

years. The payments shall be considered a part of current operating

expenses of the corporation and the amount of the payments and

methods of making the payments shall be determined from year to year

by the Board of Directors as they may see fit.

Added by Laws 1949, p. 5, § 1. Amended by Laws 2001, c. 146, § 159,

emerg. eff. April 30, 2001. Renumbered from § 45 of this title by

Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.

§2-15-21. Organization - Purpose - Restriction on location - Free

township and county fairs not affected.

For the purpose of encouraging the development of the

agricultural, horticultural, mechanical, mineral, stock-raising and

all other industrial interests of the State of Oklahoma, three or

more counties may, as otherwise provided in this article, organize a

free district fair, provided that:

Oklahoma Statutes - Title 2. Agriculture

1. No such free district fair shall be held within one hundred

(100) miles of any other free district or State Fair; and

2. The provisions of this article shall not interfere with the

operation of the present law with reference to the organization and

operation of free township and county fairs already organized.

Added by Laws 1923, c. 125, p. 205, § 1. Amended by Laws 2001, c.

146, § 160, emerg. eff. April 30, 2001. Renumbered from § 71 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-22. Officers - Selection - Board of directors - Election of

president and secretary.

The officers of the free district fair association shall be

chosen from the delegates selected by the counties entering the

association. The officers shall consist of a president, secretary

and board of directors. The president and secretary selected

pursuant to Section 15-55 of this title for county fair association

organizations of each of the counties constituting the free district

fair association shall be and constitute the board of directors of

the free district fair association from which membership a president

and secretary shall be elected.

Added by Laws 1923, c. 125, p. 205, § 2. Amended by Laws 2001, c.

146, § 161, emerg. eff. April 30, 2001. Renumbered from § 72 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-23. Executive board - Members - Powers - Limitation on

expenditures - Time of holding fair.

A. The president, secretary and board of directors shall

constitute the executive board of the free district fair association

and shall have full power and authority to make all rules for

holding the free district fair in accordance with the provisions of

this article. The executive board shall have authority to expend

the funds of the free district fair association, but in no case

shall the expenditures exceed the amount of money donated and

appropriated.

B. The time of holding a free district fair shall be so placed

as to not interfere with the dates of any county fair comprising the

association or any free state fair.

Added by Laws 1923, c. 125, p. 205, § 3. Amended by Laws 2001, c.

146, § 162, emerg. eff. April 30, 2001. Renumbered from § 73 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-24. Estimate and apportionment of cost - Certification of

estimate to county excise boards - Items of expenditures.

A. The executive board shall:

1. Make an estimate of the cost of the free district fair;

Oklahoma Statutes - Title 2. Agriculture

2. Apportion to each of the counties comprising the association

the portion to be borne by each member county together with the plan

and items of expenditures; and

3. Certify the estimate to the county excise board in each of

the member counties in time to be acted on by the county excise

board at its annual meeting for making tax levies.

B. The items to be considered in the expenditure of funds shall

be for:

1. Premiums on livestock, poultry, fruit, agriculture,

horticultural and dairy products; boys' and girls' club work, school

exhibits, culinary products, textile products, needlework and

sewing, hand painting, decorating and drawing, and cultivated plants

and flowers;

2. The necessary expenses of management of free district fairs

organized under the provisions of this article, including office

expense, postage, telephone, digital and electronic communication,

Internet and supporting equipment, traveling expenses of secretary

within the district in which the fair is held, printing (except

premium lists) and necessary office supplies, premium ribbons and

badges, clerical help, guards, superintendents and judges; and

3. Advertising the fair and for decorating and cleaning the

grounds and buildings, and for caring for the grounds during the

fair.

Added by Laws 1923, c. 125, p. 206, § 4. Amended by Laws 2001, c.

146, § 163, emerg. eff. April 30, 2001. Renumbered from § 74 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

Amended by Laws 2025, c. 175, § 1, eff. Nov. 1, 2025.

§2-15-25. Appropriations for premiums - Special election.

The authority for the county excise boards in counties

comprising the free district fair associations shall be by special

election of the resident taxpayers in the various counties. At the

special election, the following question shall be submitted to the

resident taxpayers: "Shall the county commissioners appropriate any

sum of money, not to exceed one (1) mill on the total assessed

valuation of their counties for each current year for premiums on

agricultural and horticultural products and on purebred livestock

and poultry, at the free district fair?"

Added by Laws 1923, c. 125, p. 206, § 5. Amended by Laws 2001, c.

146, § 164, emerg. eff. April 30, 2001. Renumbered from § 75 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-26. Special election - Call - Petition - Contents.

The special election mentioned in Section 15-25 of this title

shall be called by the county commissioners of each of the said

counties when requested to do so upon a petition signed by thirty

percent (30%) of the resident taxpayers of said counties, and said

Oklahoma Statutes - Title 2. Agriculture

petition shall designate the time and place of holding said free

district fair.

Added by Laws 1923, c. 125, p. 206, § 6. Amended by Laws 2001, c.

146, § 165, emerg. eff. April 30, 2001. Renumbered from § 76 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-27. Notice to county excise board of election result and

amount of estimate - Tax levy.

When directed by a vote of the resident taxpayers at the special

election, the county commissioners shall at their first meeting

thereafter, notify the county excise board that:

1. The question specified by Section 15-25 of this title has

been voted upon and carried; and

2. The estimate as submitted by the board of directors of the

free district fair association amounts to a sum, not to exceed the

amount voted upon.

The excise board shall proceed to levy upon the total valuation of

the county a tax sufficient to raise the amount named in the county

commissioners' report, not to exceed one (1) mill, for the free

district fair purposes.

Added by Laws 1923, c. 125, p. 206, § 7. Amended by Laws 2001, c.

146, § 166, emerg. eff. April 30, 2001. Renumbered from § 77 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-28. Stand rights and privileges - Admission charges for

special amusements - Proceeds - Use - Balance.

A. The free district fair association shall have exclusive

rights to all stand rights and privileges. Admission may be charged

to races, horse shows, or any other special amusements. No money

collected pursuant to this section shall be used to defray any

expenses or costs of such races, horse show or amusements. In

addition, the charging of admission to such amusements shall not

interfere with free access of the public to all exhibits.

B. All monies derived from rights and privileges of the

fairgrounds shall be collected by the secretary of the free district

fair association, and except as provided in this section, may be

used in defraying expenses.

C. Any balance that may be on hand after such expenses shall be

turned over to the secretary, who shall place it in the free

district fair fund.

Added by Laws 1923, c. 125, p. 207, § 8. Amended by Laws 2001, c.

146, § 167, emerg. eff. April 30, 2001. Renumbered from § 78 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-29. Premium catalogs - Printing - Payment of expense.

Premium catalogs shall be printed in sufficient numbers for

distribution throughout the area comprising the free fair district.

Oklahoma Statutes - Title 2. Agriculture

The expense of printing the premium catalogs shall be borne by

advertisers in the catalog.

Added by Laws 1923, c. 125, p. 207, § 9. Amended by Laws 2001, c.

146, § 168, emerg. eff. April 30, 2001. Renumbered from § 79 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-30. Admission charge - When not permitted.

No admittance fee shall be charged by any free district fair

association if any premiums are offered, to any grounds or enclosure

where public exhibitions are made for public premiums.

Added by Laws 1923, c. 125, p. 207, § 10. Amended by Laws 2001, c.

146, § 169, emerg. eff. April 30, 2001. Renumbered from § 80 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-31. Deposit of funds - Accounts - Disbursements - Annual

report of receipts and disbursements.

A. All funds of the free district fair association shall be

deposited in a bank selected by the board of directors of such

association. An accurate and itemized account of such funds shall

be kept together with the itemized statement of disbursements and

canceled checks for disbursements.

B. No disbursement shall be made except upon a check signed by

the president, and countersigned by the secretary of a free district

fair association.

C. An annual report of the itemized receipts and disbursements

shall be made to the Governor and the Chairman of the Oklahoma State

Board of Agriculture.

Added by Laws 1923, c. 125, p. 207, § 11. Amended by Laws 2001, c.

146, § 170, emerg. eff. April 30, 2001. Renumbered from § 81 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-32. State not liable for deficiency or expense.

The State of Oklahoma shall not be liable for any sum of money

whatsoever, by reason of the running, operating or establishing of a

free district fair, pursuant to the provisions of this article. Any

deficiency or expense occasioned by the running or operating of a

free district fair shall never be paid by the State of Oklahoma, nor

be a charge against the state.

Added by Laws 1923, c. 125, p. 207, § 12. Amended by Laws 2001, c.

146, § 171, emerg. eff. April 30, 2001. Renumbered from § 82 of

this title by Laws 2001, c. 146, § 268, emerg. eff. April 30, 2001.

§2-15-51. County free fair associations.

A. There may be organized in each county in the State of

Oklahoma a county free fair association.

B. The term "free fair" as used in Sections 172 through 186 of

this act shall be construed to mean township and county fairs,

Oklahoma Statutes - Title 2. Agriculture

livestock shows, and other agricultural shows where admission to the

grounds and all exhibit buildings are free and no charge is made for

entering exhibits on which premiums are offered.

Added by Laws 1915, c. 179, § 1. Amended by Laws 1925, c. 38, p.

56, § 1; Laws 1965, c. 395, § 1, emerg. eff. July 1, 1965; Laws

2001, c. 146, § 172, emerg. eff. April 30, 2001. Renumbered from §

91 of this title by Laws 2001, c. 146, § 269, emerg. eff. April 30,

2001.

§2-15-52. County fairs – Power to organize and create upon

abolition of free state fair.

Any county in which a free state fair is abolished by the

Oklahoma Legislature may organize and create a county fair pursuant

to the provisions of this article.

Added by Laws 1999, c. 50, § 1, emerg. eff. April 5, 1999. Amended

by Laws 2001, c. 146, § 173, emerg. eff. April 30, 2001. Renumbered

from § 91.1 of this title by Laws 2001, c. 146, § 269, emerg. eff.

April 30, 2001.

§2-15-53. Object of free fairs.

The object of free fairs is to promote agriculture,

horticulture, livestock and poultry raising, manufacturing, arts,

trades and every industry of the county in which the fair is held.

Added by Laws 1915, c. 179, § 2. Amended by Laws 1925, c. 38, p.

56, § 2; Laws 2001, c. 146, § 174, emerg. eff. April 30, 2001.

Renumbered from § 92 of this title by Laws 2001, c. 146, § 269,

emerg. eff. April 30, 2001.

§2-15-54. Members - Qualifications - Election at public meetings Notices - Appointment on failure to hold public meeting - Term.

A. The county fair association in each county, organized

pursuant to Section 15-51 of this title, shall consist of two

members in each municipal township, in each county, who are resident

qualified voters in the county and who have been elected at public

meetings or appointed by the county commissioners as provided

pursuant to this section.

B. The county farm agent of any county may, or if there is no

such agent, upon petition of fifty resident citizens of the county,

the county commissioners shall, within thirty (30) days after the

filing of the petition, call a public meeting in each municipal

township, in each such county, for the purpose of electing the two

members of the county fair association.

C. The call for the public meeting shall be made by posting

notices in at least three public places in the township or by both

posting notices and publication in a newspaper of general

circulation in the county. The notices and publications shall state

the purpose of the meeting, the time and place of holding the

Oklahoma Statutes - Title 2. Agriculture

meeting. The notices and publication must be made one (1) week

before date of the meeting.

D. A chairman and a secretary shall be chosen at each of the

various township meetings for the purpose of conducting the public

meetings and who shall certify to the county commissioners the names

of the two elected members of the county fair association. The

certificate shall be made to the county commissioners not later than

June first of the fiscal year in which the township public meetings

are held. If any township or townships in any county fail to hold a

public meeting for the election of members of the county fair

association, the county commissioners of such county shall appoint

two members in each of the townships, who shall have the same power

and authority as the elected members.

E. Township public meetings for the election of members of the

county fair association may be called at any time prior to June

first in any fiscal year. The members so elected shall hold their

office for a period of two (2) years and until their successors are

elected or appointed.

Added by Laws 1915, c. 179, § 3. Amended by Laws 1921, c. 89, p.

113, § 1; Laws 1925, c. 38, p. 56, § 3; Laws 2001, c. 146, § 175,

emerg. eff. April 30, 2001. Renumbered from § 93 of this title by

Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-55. Organization meeting - Time and place - Election of

officers, directors and committees - Qualifications of secretary.

A. As soon as practicable, prior to July first, after the

election of members of the county fair association, the members

elect shall meet at the county seat and shall perfect an

organization by the election of a president, vice president,

secretary and a board of directors. The members elect shall

designate a day where they shall have a twelve-hour window to vote

for the election of a president, vice president, secretary, and

Board of Directors. The Board of Directors shall consist of the

president, vice president, secretary and four members, and such

committees and officers as shall be deemed necessary. The secretary

may be selected outside of the association, but must be a resident

of the county seat or the town or city where the county fair is

held.

B. The president, vice president, secretary, or any member of

the Board of Directors may be removed from their position for

failure to attend at least fifty percent (50%) of meetings in a

calendar year. The president, vice president, secretary, and

members of the Board of Directors may be removed from their

positions by a unanimous vote of all other members.

Added by Laws 1915, c. 179, § 5. Amended by Laws 1925, c. 38, p.

57, § 4; Laws 2001, c. 146, § 176, emerg. eff. April 30, 2001.

Renumbered from § 94 of this title by Laws 2001, c. 146, § 269,

Oklahoma Statutes - Title 2. Agriculture

emerg. eff. April 30, 2001.

Nov. 1, 2025.

Amended by Laws 2025, c. 175, § 2, eff.

§2-15-56. Special meetings - Notices of regular and special

meetings.

Special meetings may be called at any time by the president or

secretary of the county fair association or upon written request of

one-fourth (1/4) of the members of the association. Notices of

regular and special meetings shall be given by mail at least three

(3) days prior to such meetings.

Added by Laws 1915, c. 179, § 4. Amended by Laws 1921, c. 89, p.

113, § 2; Laws 1925, c. 38, p. 57, § 5; Laws 2001, c. 146, § 177,

emerg. eff. April 30, 2001. Renumbered from § 95 of this title by

Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-57. Board of directors - Rules - Expenditures.

The board of directors shall constitute the executive board of

the county fair association and shall have full power and authority

to:

1. Make all rules for holding the township and county fairs in

accordance with the provisions of Sections 15-51 through 15-96 of

this title; and

2. Expend the funds of the county fair association as herein

provided, but in no case shall the expenditures exceed the amount of

the appropriation.

Added by Laws 1915, c. 179, § 6. Amended by Laws 1925, c. 38, p.

57, § 6; Laws 2001, c. 146, § 178, emerg. eff. April 30, 2001.

Renumbered from § 96 of this title by Laws 2001, c. 146, § 269,

emerg. eff. April 30, 2001.

§2-15-58. Estimate of cost of fairs - Certification to county

excise board - Items of expenditure.

A. The executive board, with such committee as may be selected

from the county fair association, shall make an estimate of the cost

of the township and county fairs, and shall certify such estimate to

the county excise board in time to be acted upon by the county

excise board at its annual meeting for making tax levies.

B. The items to be considered in the expenditure of funds shall

be for:

1. Premiums on livestock, poultry, agricultural and

horticultural products, dairy products, boys' and girls' club work,

products of domestic science and domestic arts, school exhibits,

hand painting, decorating and drawing, manufactured articles,

cultivated plants and flowers;

2. Necessary expenses of management of township and county

fairs organized under the provisions of this article, including

office expenses, postage, telephone, digital and electronic

Oklahoma Statutes - Title 2. Agriculture

communication, Internet and supporting equipment, salary and

traveling expenses of the secretary, printing and necessary office

supplies, premium ribbons and badges, clerical help, guards,

superintendents and judges;

3. Advertising the fairs and for decorating and cleaning the

grounds and buildings, and for caring for the grounds and buildings;

and

4. Transportation and arrangement of township fair exhibits at

the county fair and county fair exhibits at the Oklahoma State Fair

and other State Fairs.

Added by Laws 1915, c. 179, § 7. Amended by Laws 1925, c. 38, p.

57, § 7; Laws 2001, c. 146, § 179, emerg. eff. April 30, 2001.

Renumbered from § 97 of this title by Laws 2001, c. 146, § 269,

emerg. eff. April 30, 2001. Amended by Laws 2025, c. 175, § 3, eff.

Nov. 1, 2025.

§2-15-59. Tax levy - Amount - Purpose.

For the purpose of defraying the expense of holding county and

township fairs, the excise board of each county may make an annual

levy upon all taxable property in the county, of not exceeding onehalf (1/2) of one (1) mill, per annum, which is hereby declared not

to be a current expense and in addition to the maximum levy for

current expenses now provided by law. The levy shall be for a

special purpose. One-half (1/2) of the fund shall be known as the

"free fair fund" and the other half of the fund shall be known as

the 4-H Club, F.F.A., and Women's Home Demonstration Club Work Fund.

Added by Laws 1915, c. 179, § 8. Amended by Laws 1921, c. 89, p.

114, § 3; Laws 1925, c. 38, p. 58, § 8; Laws 1939, p. 240, § 1; Laws

2001, c. 146, § 180, emerg. eff. April 30, 2001. Renumbered from §

98 of this title by Laws 2001, c. 146, § 269, emerg. eff. April 30,

2001.

§2-15-60. Collection, apportionment and disbursement of funds Eligibility of exhibitors.

A. The county treasurer shall collect and apportion monies for

the county free fairs as other monies are collected and apportioned.

B. In school districts which overlap into adjoining counties,

the levy for the free fair purposes shall be made and collected in

the same manner as for school purposes.

C. The county treasurer shall disburse the monies from the levy

upon vouchers issued by the executive board of the county free fair

association, signed by the president and secretary of the same.

D. Residents of any school district which overlaps into any

other county shall be eligible to exhibit their products at the

fairs in the county in which the school district is located.

Added by Laws 1915, c. 179, § 9. Amended by Laws 1925, c. 38, p.

58, § 9; Laws 2001, c. 146, § 181, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

Renumbered from § 99 of this title by Laws 2001, c. 146, § 269,

emerg. eff. April 30, 2001.

§2-15-60.1.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-15-60.2.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-15-60.3.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-15-60.4.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-15-61. Township fairs - Cooperation with agricultural extension

forces - Determination of number, time and place - Management Selection and transportation of county fair exhibits.

A. The township fair shall be the unit of the free fair plan,

and the county fair association shall cooperate with the state and

federal agricultural extension forces in organizing boys' and girls'

clubs, cooperative marketing associations, livestock improvement

associations and such other agricultural organizations as are deemed

advisable by the executive board.

B. The executive board:

1. Shall determine the number of township fairs and county or

township livestock shows and other agricultural shows, to be held;

2. Shall fix the time and place of holding the fairs and shows;

and

3. May provide that two or more townships or communities within

the county may combine their exhibits in one township fair.

C. The management of the township fairs shall be under the

direction of the township members and the secretary of the county

fair association, who:

1. Must observe the rules of the executive board;

2. Shall select exhibits for the county fair; and

3. Shall transport the exhibits to the county fair.

Added by Laws 1915, c. 179, § 10. Amended by Laws 1925, c. 38, p.

58, § 10; Laws 1965, c. 395, § 2, emerg. eff. July 1, 1965; Laws

2001, c. 146, § 182, emerg. eff. April 30, 2001. Renumbered from §

100 of this title by Laws 2001, c. 146, § 269, emerg. eff. April 30,

2001.

§2-15-62. Grounds and buildings - Cost not included in executive

board's estimate - Fairs where provided free.

A. The executive board of the county fair association shall not

include in its estimate the cost of grounds and buildings for

township and county fairs.

B. The executive board may arrange for holding the fairs where

suitable grounds and buildings will be provided free.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1915, c. 179, § 11. Amended by Laws 1925, c. 38, p.

59, § 11; Laws 2001, c. 146, § 183, emerg. eff. April 30, 2001.

Renumbered from § 101 of this title by Laws 2001, c. 146, § 269,

emerg. eff. April 30, 2001.

§2-15-63. Stand rights and privileges - Charges for admission to

entertainments - Entertainment expenses not to be defrayed from

money appropriated - Free access to exhibits.

The county fair association shall have exclusive rights to all

stand rights and privileges of township and county fairs. Admission

may be charged to any amusements or other forms of entertainment;

provided, that:

1. No money collected pursuant to this section, shall be used

to defray any expenses of costs of such amusements or entertainment;

and

2. Charging admission to the amusements does not interfere with

free access of the public to all exhibits.

Added by Laws 1915, c. 179, § 12. Amended by Laws 1925, c. 38, p.

59, § 12; Laws 2001, c. 146, § 184, emerg. eff. April 30, 2001.

Renumbered from § 102 of this title by Laws 2001, c. 146, § 269,

emerg. eff. April 30, 2001.

§2-15-64. Use of money derived from rights and privileges.

All money derived from rights and privileges on the fair

grounds, except as otherwise provided by Section 15-63 of this

title, may be used in defraying expenses.

Added by Laws 1915, c. 179, § 13. Amended by Laws 1925, c. 38, p.

59, § 13; Laws 2001, c. 146, § 185, emerg. eff. April 30, 2001.

Renumbered from § 103 of this title by Laws 2001, c. 146, § 269,

emerg. eff. April 30, 2001.

§2-15-65. Election to determine fair site and authorize

construction and maintenance of buildings.

In any county of the State of Oklahoma, in which a free fair

association is organized and operating under the laws of the state,

an election may be held as provided in Section 15-68 of this title,

for the purposes of determining a permanent free fair site and

authorizing the construction and maintenance of buildings thereon.

Added by Laws 1929, c. 25, p. 21, § 1. Amended by Laws 2001, c.

146, § 186, emerg. eff. April 30, 2001. Renumbered from § 104 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-66. County free fair in each county - State not obliged to

pay for fair.

There is hereby established and created in each county in this

state a county free fair. The fair shall be held at such place in

each of the counties as may have heretofore or may be hereafter

Oklahoma Statutes - Title 2. Agriculture

designated by the county free fair board of each of the member

counties to be known and designated as the (name of a county) county

free fair association. The county free fair boards created pursuant

to this section are not state institutions, and the State of

Oklahoma shall not be obliged to pay for the fairs.

Added by Laws 1937, p. 273, § 1. Amended by Laws 1939, p. 241, § 1;

Laws 2001, c. 146, § 187, emerg. eff. April 30, 2001. Renumbered

from § 104a of this title by Laws 2001, c. 146, § 269, emerg. eff.

April 30, 2001.

§2-15-67. "Free fair" defined - Power of governing board.

A. The term "free fair" as used in Section 15-66 of this title

shall be construed to mean community and county fairs and livestock

shows and other agricultural shows where admission to the grounds

and all exhibit buildings is free and no charge is made for entering

exhibits on which premiums are offered.

B. The governing board shall have the power to designate the

time, place and number of fairs and livestock shows and agricultural

shows in each county.

Added by Laws 1937, p. 273, § 2. Amended by Laws 1939, p. 241, § 2;

Laws 1965, c. 395, § 3, emerg. eff. July 1, 1965; Laws 2001, c. 146,

§ 188, emerg. eff. April 30, 2001. Renumbered from § 104b of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-68. Board of directors - Elections - Meetings.

A. There is hereby constituted a board of directors for the

free fair association.

B. 1. The board of directors shall be composed of nine (9)

members, who shall be by written ballot elected for a term of three

(3) years. Three members shall be elected annually, one from each

county commissioner's district of the counties, at a public meeting

or convention of the qualified electors of each commissioner's

district in the counties.

2. A qualified elector shall be a registered voter of the

county and may only vote for the board members from the district in

which the elector resides. The county commissioner holding the

election may request proof of residency and a voter registration

card of the county to qualify electors.

3. The board of county commissioners shall include in the

publication notice of the election the requirements to be a

qualified voter. Notice of the election shall be given by

publication in a newspaper published in each of the counties for ten

(10) days before the election. Notice of the filing period for the

election shall be given in a newspaper published in the county,

published one time at least ten (10) days before the filing period

for the election.

Oklahoma Statutes - Title 2. Agriculture

C. The board of county commissioners shall, by resolution, set

forth the following conditions concerning the election:

1. The filing period shall consist of five (5) consecutive

business days and commence in January;

2. The date and time the filing period will commence and end;

3. The date, time and place of the election;

4. Only registered voters of the county are eligible to file as

a candidate;

5. Any person so filing must reside in the commissioner's

district or city they seek to represent;

6. Prospective candidates must file with the county clerk; and

7. The board of county commissioners shall prescribe a form to

be used by prospective candidates filing for the position of

director of the fair association board.

D. 1. The date of the election for the fair association board

of directors shall be no later than three (3) weeks from the date of

the final day of the filing period. If there is only one candidate

for any of the commissioners' districts, the commissioners may

cancel the election with notice being given by publication and

posting at least ten (10) days prior to the election date previously

established and the candidate shall be deemed to be elected.

2. In the event there is no candidate for the election to the

fair association board of directors, the county commissioners shall

appoint a director for each position for which no candidates have

filed by the close of the filing period. The appointment or

appointments will be announced no later than two (2) weeks from the

closing of the filing period.

3. When a director is unable to fulfill the term to which the

director has been elected to serve, for any reason, the board of

county commissioners shall appoint the successor.

E. 1. At the annual election there shall be elected one (1)

person from each commissioner's district who is a qualified elector

of the district. Each shall serve as a director of the association

for a term of three (3) years, and until a successor is elected or

appointed and qualified.

2. The commissioner or commissioner's designee shall preside at

the meeting and have the authority to appoint a secretary of the

meeting. The commissioner and secretary shall certify to the county

clerk of each of the counties the names of the directors elected,

and the county clerk shall keep a record thereof and shall issue to

each person elected a certificate of election.

F. When a tie vote occurs in the election of a fair association

board of directors, the commissioner or commissioner's designee

shall select the candidate by lot pursuant to the procedures set

forth in Section 8-105 of Title 26 of the Oklahoma Statutes.

G. 1. The directors so elected shall meet at the next

regularly scheduled monthly meeting immediately following the

Oklahoma Statutes - Title 2. Agriculture

elections at the regular meeting place of the counties for the

purpose of organization, and shall elect a president, a vicepresident, a secretary and a treasurer; provided, that the secretary

need not be a member of the board of directors.

2. The treasurer shall furnish a surety bond executed with a

qualified surety company doing business in this state, in such

amount as the directors of the board may determine to be necessary

to indemnify against any loss which may arise by reason of failure

to perform the necessary duties of the office or other misconduct in

office for which the director shall be held liable.

H. Meetings of the directors may be called by the president of

the board or fixed by the board at any time convenient. However,

the first election held under this section shall be on the first

Saturday of June, and the board so elected at the election shall

meet for organization purposes on the second Saturday of June of

such year.

Added by Laws 1937, p. 273, § 3. Amended by Laws 1951, p. 1, § 1;

Laws 1992, c. 120, § 1, emerg. eff. April 23, 1992; Laws 1993, c.

114, § 1, eff. Sept. 1, 1993; Laws 1998, c. 15, § 1, eff. Nov. 1,

1998; Laws 2000, c. 243, § 117, emerg. eff. May 24, 2000; Laws 2001,

c. 146, § 189, emerg. eff. April 30, 2001. Renumbered from § 104c

of this title by Laws 2001, c. 146, § 269, emerg. eff. April 30,

2001. Amended by Laws 2004, c. 447, § 1, emerg. eff. June 4, 2004;

Laws 2012, c. 104, § 1, eff. Jan. 1, 2013; Laws 2013, c. 46, § 1,

eff. Nov. 1, 2013.

§2-15-68.1.

Repealed by Laws 2013, c. 46, § 2, eff. Nov. 1, 2013.

§2-15-68.2.

Repealed by Laws 2013, c. 46, § 2, eff. Nov. 1, 2013.

§2-15-68.3.

Repealed by Laws 2013, c. 46, § 2, eff. Nov. 1, 2013.

§2-15-68.4.

Repealed by Laws 2013, c. 46, § 2, eff. Nov. 1, 2013.

§2-15-69. Control of fair and expenditures by board of directors Annual budget - Township or district fairs and junior fat stock

shows in certain counties.

A. The board of directors is hereby vested with:

1. Control of the fair;

2. The expenditure of all money levied and collected for the

purpose of conducting the fair; and

3. The power and authority to do all acts and things necessary

in the conduct of the fair and the management of its fiscal affairs.

B. The board shall prepare an annual budget for the fair, which

shall be published according to the law provided for budget

publications. The board shall file the annual budget with the

county clerk of each of the member counties.

Oklahoma Statutes - Title 2. Agriculture

C. 1. The provisions of this section shall also apply to

livestock shows, community and district fairs, and other

agricultural shows authorized by the board of directors.

2. In counties having a population of more than fifty-five

thousand (55,000), according to the 1940 Federal Decennial Census

and in and for which county no state fair is provided by statute, it

shall be the duty of the board of directors to:

a.

hold in addition to the county fair one or more

township fairs, and/or district fairs within such

county,

b.

designate the place and time for holding the fairs,

and

c.

hold within such county, in addition to the fairs, a

junior fat stock show with premiums the same as a fair

at an appropriate time during the spring months for

the purpose of encouraging the youth of such county in

the breeding and feeding of fat hogs, cattle, sheep

and other livestock.

Added by Laws 1937, p. 274, § 4. Amended by Laws 1947, p. 2, § 1;

Laws 1951, p. 2, § 1; Laws 1965, c. 395, § 4, emerg. eff. July 1,

1965; Laws 2001, c. 146, § 190, emerg. eff. April 30, 2001.

Renumbered from § 104d of this title by Laws 2001, c. 146, § 269,

emerg. eff. April 30, 2001.

§2-15-70. County officers may make annual levy – Purpose of levy.

A. The county commissioners, the county excise board and all

other proper officers of the county may make an annual levy upon all

taxable property in the county in an amount not to exceed one-half

(1/2) of one (1) mill per annum in counties of more than fifteen

thousand (15,000) population. In counties of less than fifteen

thousand (15,000) population, the proper officers of the county may

make an annual levy upon all taxable property in the county of not

exceeding one (1) mill per annum. The purpose of the levy is to

raise funds for:

1. The support and maintenance of the fair, including the

payment of premiums on livestock, poultry, agricultural and

horticultural products, dairy products, boys' and girls' club work

or other junior agricultural organizations which shall be in one

class, products of domestic science and domestic arts, farm women's

clubs, hand paintings, cultivated plants and flowers;

2. Necessary expenses of management of said fair, including

office expenses, postage, telephone, digital and electronic

communication, Internet and supporting equipment, salary and

traveling expenses of the secretary, printing and necessary office

supplies;

3. Premium ribbons and badges, clerical help, guards,

superintendents and judges;

Oklahoma Statutes - Title 2. Agriculture

4. Advertising, decorating and cleaning the grounds and

buildings; and

5. The repair of or erecting buildings owned and controlled by

said county that are or will be used for free fair purposes.

B. In the counties of this state having a population in excess

of fifty-five thousand (55,000), according to the 1940 Federal

Decennial Census and in which county there is not authorized a state

fair, it shall be the mandatory duty of the county commissioners and

the excise board and other officers of the county, to make annual

levy for the purposes specified by this section upon all taxable

property in such county of not less than one-fourth (1/4) of one (1)

mill per annum.

Added by Laws 1937, p. 274, § 5. Amended by Laws 1939, p. 241, § 3;

Laws 1947, p. 2, § 2; Laws 1951, p. 2, § 2; Laws 2001, c. 146, §

191, emerg. eff. April 30, 2001. Renumbered from § 104e of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

Amended by Laws 2025, c. 175, § 4, eff. Nov. 1, 2025.

§2-15-71. Provisions of act cumulative and controlling over

conflicting laws.

It is hereby expressly provided that the provisions of this

article shall be cumulative to all existing laws in the State of

Oklahoma and where the provisions of this article conflict with any

other laws of the State of Oklahoma the provisions of this article

shall prevail.

Added by Laws 1939, p. 242, § 4. Amended by Laws 2001, c. 146, §

192, emerg. eff. April 30, 2001. Renumbered from § 104e.1 of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-72. Budget and itemized estimate of needs.

The board of directors of a fair shall submit to the county

commissioners and the excise board a budget and an itemized estimate

of the needs of the fair. The levy shall be made for the purpose of

taking care of the budget.

Added by Laws 1937, p. 274, § 6. Amended by Laws 2001, c. 146, §

193, emerg. eff. April 30, 2001. Renumbered from § 104f of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-73. Expenditure of funds.

The county treasurer, upon requisition therefor by the board of

directors of a fair, shall pay over to the treasurer of the fair

board the funds collected by virtue of the levy. The funds shall be

paid out by the treasurer of the fair board upon vouchers and

warrants issued by the board under such rules as the board may make.

Added by Laws 1937, p. 274, § 7. Amended by Laws 2001, c. 146, §

194, emerg. eff. April 30, 2001. Renumbered from § 104g of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-15-74. Grounds, buildings, concessions, advertising, etc. Gifts and donations.

A. The board of directors shall have power to:

1. Acquire grounds for the fair by lease or purchase;

2. Erect buildings and repair the same;

3. Sell concessions, advertising and privileges at the fair;

and

4. Accept gifts and donations.

B. All money received from sale of concessions and privileges,

and all gifts and donations shall be paid to and deposited with the

treasurer of the fair board, to be disbursed as provided in Section

15-75 of this title.

Added by Laws 1937, p. 274, § 8. Amended by Laws 2001, c. 146, §

195, emerg. eff. April 30, 2001. Renumbered from § 104h of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-75. Duties of officers of fair board.

A. The president of a fair board shall be the executive head of

the association and perform all the duties usual to the office and

enforce and carry out the orders and directions of the board.

B. The vice president shall act in the absence of the

president.

C. The secretary shall be the clerk of the board and keep all

the records and property of the association and shall keep an

account of the money and property of the association and draw all

warrants and orders on the treasurer.

D. The treasurer shall keep all monies and securities of the

association and pay out the same upon the order and warrant of the

board, attested by the president and secretary of the board.

Added by Laws 1937, p. 274, § 9. Amended by Laws 2001, c. 146, §

196, emerg. eff. April 30, 2001. Renumbered from § 104i of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-76. Terms of directors.

A. The directors elected at the first election held on the

first Saturday in June, 1937, shall hold office; three for one (1)

year, three for two (2) years, and three for three (3) years, so

that annually thereafter there shall be elected three directors to

serve for a term of three (3) years, and until their successors are

elected and qualified.

B. At the first meeting of the directors on the second Saturday

of June, 1937, the directors shall determine by lot or agreement who

shall serve for the one-year, the two-year and the three-year terms.

Added by Laws 1937, p. 275, § 10. Amended by Laws 2001, c. 146, §

197, emerg. eff. April 30, 2001. Renumbered from § 104j of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-15-77. Levy by excise board on failure of county commissioners

to approve and submit estimates.

In case of failure of the county commissioners to approve and

submit estimates to the excise board after having complied with the

provisions of Section 15-72 of this title, the excise board of each

of the member counties shall, upon application of the fair board,

make the levy provided by Section 15-70 of this title, after

publication of the estimates therefor as otherwise provided by law.

Added by Laws 1937, p. 275, § 11. Amended by Laws 2001, c. 146, §

198, emerg. eff. April 30, 2001. Renumbered from § 104k of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-78. Effect on existing laws.

It is hereby expressly provided that the provisions of this

article shall not repeal or modify existing laws relative to free

fairs.

Added by Laws 1937, p. 275, § 12A. Amended by Laws 2001, c. 146, §

199, emerg. eff. April 30, 2001. Renumbered from § 104m of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-79. County free fair association - Conversion and

establishment to association subject to §§ 15-66 through 15-78 of

this title.

In each county in this state in which there has been established

a county free fair association pursuant to the provisions of

Sections 15-51 through 15-64 of this title, the board of directors

of such fair association may, by resolution, convert and establish

such association into a fair association of the same name which is

subject to the provisions of Sections 15-66 through 15-78 of this

title.

Added by Laws 1992, c. 120, § 2, emerg. eff. April 23, 1992.

Amended by Laws 2001, c. 146, § 200, emerg. eff. April 30, 2001.

Renumbered from § 104n of this title by Laws 2001, c. 146, § 269,

emerg. eff. April 30, 2001.

§2-15-80. Resolution of executive board - Submission of question Time for calling election - Submission at regular election Determination of site.

A. The board of county commissioners of a county, when

requested so to do, by a proper resolution passed and presented by

the executive board of the free fair association of the county,

shall submit, to a vote of the county, the question of determining a

permanent free fair site.

B. The board of county commissioners shall at the next regular

meeting of such board determine whether such election shall be

called. If the board decides to call an election, the election

Oklahoma Statutes - Title 2. Agriculture

shall be called within sixty (60) days after the decision; or the

board may submit such question at the next primary or general

election thereafter. The permanent free fair site shall be

determined by a majority of all legal votes cast in the election.

Added by Laws 1929, c. 25, p. 21, § 2. Amended by Laws 2001, c.

146, § 201, emerg. eff. April 30, 2001. Renumbered from § 105 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-81. Election proclamation - Publication - Contents.

A. The election, as provided in Section 15-80 of this title,

shall be called and held pursuant to the provisions of this section.

B. The board of county commissioners shall cause to be

published in a county newspaper of general circulation in the

county, for four consecutive issues, a proclamation calling an

election. The proclamation shall include a detailed statement of

the proposition.

C. The proclamation shall state the exact method by which the

electors shall vote their preference for the location of the free

fair site.

Added by Laws 1929, c. 25, p. 21, § 3. Amended by Laws 2001, c.

146, § 202, emerg. eff. April 30, 2001. Renumbered from § 106 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-82. Resubmission of question - Time - Petition - Calling,

advertisement and holding of election.

When any county has determined a free fair site pursuant to the

provisions of Section 15-81 of this title, the question shall not

again be submitted to a vote of the county within five (5) years

from said date, and then only upon petition signed by twenty-five

percent (25%) of the total number of votes cast at the last general

election for the county office receiving the highest number of

votes. The petition shall be in lieu of the resolution of the

executive board of the free fair association, as provided in Section

15-80 of this title. The election shall be called, advertised and

held in all other respects, as provided in Sections 15-80 and 15-81

of this title.

Added by Laws 1929, c. 25, p. 22, § 4. Amended by Laws 2001, c.

146, § 203, emerg. eff. April 30, 2001. Renumbered from § 107 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-83. Tax levy for free fair improvement fund - Election Amount - Purpose.

A. At any election held under the provisions of Section 15-80

of this title, there may be also submitted to a vote of the legal

voters of the county, under the same conditions as provided in

Section 15-80 of this title, the question of authorizing and

directing the excise board of such county to make an annual levy of

Oklahoma Statutes - Title 2. Agriculture

not to exceed one (1) mill, for not to exceed five (5) succeeding

years, to provide a "free fair improvement fund". The fund shall be

used for the purpose of securing suitable grounds, making

improvements thereon and maintaining the same. The fund shall be

for a special purpose.

B. The levy shall be in addition to the maximum levy for

current expenses now provided by law.

Added by Laws 1929 c. 25, p. 22, § 5. Amended by Laws 2001, c. 146,

§ 204, emerg. eff. April 30, 2001. Renumbered from § 108 of this

title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-84. County bond issues for purchase and improvement of lands

and construction of buildings.

All counties in the State of Oklahoma are hereby authorized to

issue bonds for the purpose of purchasing lands, improving such

lands, and constructing buildings thereon for free fair purposes.

Added by Laws 1929, c. 26, p. 22, § 1. Amended by Laws 2001, c.

146, § 205, emerg. eff. April 30, 2001. Renumbered from § 109 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-85. Bond election - Proclamation - Publication - Time for

election.

A. The board of county commissioners in each county of this

state is hereby authorized and empowered to call an election for the

purpose of issuing bonds to purchase lands, improve the same, and to

construct buildings thereon for free fair purposes. The lands and

improvements thereon shall be owned and controlled by such counties.

B. The commissioners shall call the election by issuing a

proclamation therefor and giving notice thereof in four consecutive

issues of a weekly newspaper published in and of general circulation

in the county proposing to issue the bonds.

C. No election shall be held until the expiration of thirty

(30) days following the date of the first publication of the

proclamation.

Added by Laws 1929, c. 26, p. 22, § 2. Amended by Laws 2001, c.

146, § 206, emerg. eff. April 30, 2001. Renumbered from § 110 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-86. Election proclamation - Contents.

The proclamation calling an election shall:

1. Name the amount of bonds to be issued;

2. The time said bonds shall run;

3. The maximum rate of interest said bonds shall bear; and

4. The time for holding the election.

Added by Laws 1929, c. 26, p. 23, § 3. Amended by Laws 2001, c.

146, § 207, emerg. eff. April 30, 2001. Renumbered from § 111 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-15-87. Conduct of election - Canvass of returns.

The election shall be conducted by the duly qualified election

officials of the county. The returns of the election shall be

canvassed by the county election board.

Added by Laws 1929, c. 26, p. 23, § 4. Amended by Laws 2001, c.

146, § 208, emerg. eff. April 30, 2001. Renumbered from § 112 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-88. Vote for bond issue - Issuance and sale of bonds - Sale

price - Deposit and disbursement of proceeds.

A. If the three-fifths of the voters voting at the election

vote in favor of the issuance of the bonds, the board of county

commissioners shall proceed at once to issue the bonds and sell the

bonds in the manner now provided by law for the sale of municipal

and county bonds.

B. The bonds shall not be sold for less than par and accrued

interest.

C. The proceeds of the bonds shall be deposited in the county

treasury to be paid out by the treasurer upon warrants authorized to

be issued by the board of county commissioners.

Added by Laws 1929, c. 26, p. 23, § 5. Amended by Laws 2001, c.

146, § 209, emerg. eff. April 30, 2001. Renumbered from § 113 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-89. Bonds - Interest - Denominations - Payment - Signatures –

Attestation - Registration - Sale - Issuance and delivery - Deposit

by purchaser - Tender of bonds - Rejection of bids - Resale.

A. The bonds issued shall bear interest at a rate not to exceed

the maximum rate provided by Section 498.1 of Title 62 of the

Oklahoma Statutes, per annum, payable semiannually, and shall be

issued in denominations of One Hundred Dollars ($100.00), or any

multiple thereof not to exceed One Thousand Dollars ($1,000.00).

B. The entire amount of the bond issue shall be payable within

twenty-five (25) years. The bonds shall be signed by the chairman

of the board of county commissioners and attested by the county

clerk. Facsimile signatures may be used as provided in the

Registered Public Obligations Act of Oklahoma. The bonds shall be

registered in the office of the county clerk and in the office of

the county treasurer or by their authorized agent.

C. All bonds shall be sold to the bidder who will pay therefor

par and accrued interest, and who shall stipulate in his or her bid

the lowest rate of interest which the bonds shall bear.

D. Upon the acceptance of the bid, the bonds shall be issued in

accordance therewith and shall be delivered to the purchaser upon

payment of the purchase price thereof. The bidder shall submit with

his or her bid a sum in cash, or its equivalent, equal to two

Oklahoma Statutes - Title 2. Agriculture

percent (2%) of his or her bid. Upon acceptance of any bid, the

deposit shall become the property of the county selling the bonds,

and shall be credited to the purchase price thereof upon the

understanding that if the purchaser fails to pay the balance of the

purchase price within five (5) days after the tender of the bonds,

the sale shall be thereby annulled, and the deposit shall be

retained by the county commissioners and credited to the account for

which such bonds are being issued.

E. No tender of the bonds shall be valid until after the

expiration of the period of contestability as now provided by law.

All other deposits shall be returned.

F. The county commissioners selling such bonds shall have the

right to reject all bids and readvertise the bonds for sale.

Added by Laws 1929, c. 26, p. 23, §6. Amended by Laws 1983, c. 170,

§ 12, eff. July 1, 1983; Laws 2001, c. 146, § 210, emerg. eff. April

30, 2001. Renumbered from § 114 of this title by Laws 2001, c. 146,

§ 269, emerg. eff. April 30, 2001.

§2-15-90. Tax levy to pay interest and principal.

It shall be the duty of the officers charged by law with levying

taxes for county purposes to:

1. Levy annually an amount sufficient to pay the interest due

each year on the bonds issued; and

2. Levy an amount sufficient to pay the principal as the same

falls due.

Added by Laws 1929, c. 26, p. 24, § 7. Amended by Laws 2001, c.

146, § 211, emerg. eff. April 30, 2001. Renumbered from § 115 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-91. Disposition of proceeds of bonds - Purchase of land Construction of buildings - Improvement and beautification.

Out of the proceeds of the sale of the bonds, the board of

county commissioners shall purchase lands and construct buildings

thereon for the county free fair. In purchasing the lands and

constructing the buildings thereon, the county commissioners shall

also have the right to improve and beautify the lands.

Added by Laws 1929, c. 26, p. 24, § 8. Amended by Laws 2001, c.

146, § 212, emerg. eff. April 30, 2001. Renumbered from § 116 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-92. Tax levy for additional improvements - Power to levy and

include in estimate - Amount and purpose.

A. The board of county commissioners of any county which has

acquired free fair lands and buildings pursuant to Section 15-91 of

this title or pursuant to any other act of the Legislature is

authorized to levy and include in the estimate of the county,

submitted to the county excise board, a county ad valorem tax of not

Oklahoma Statutes - Title 2. Agriculture

to exceed one (1) mill on the dollar valuation for the purpose of

making additional free fair improvements, such as purchasing

additional lands, constructing additional buildings, beautifying and

improving the lands and repairing the free fair buildings.

B. Said levy shall not be for a current expense but shall be

for a special purpose and for a special fund to be known as the free

fair improvement fund. The levy shall be in addition to the maximum

statutory levy authorized to be made for current expense purposes.

The levy shall also be in addition to the county free fair levy

authorized to be made for the support and maintenance of the county

free fair.

Added by Laws 1929, c. 26, p. 24, § 9. Amended by Laws 2001, c.

146, § 213, emerg. eff. April 30, 2001. Renumbered from § 117 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-93. Lands upon which buildings for county free fairs may be

constructed.

A. Buildings for the purposes of any county free fair, which

fair exists under any law of this state, may be constructed either

upon land owned by the county or upon land which has been leased to

the county for a period of not less than fifty (50) years from the

time the construction of any such building has started. Any such

building may be constructed on leased land owned or leased by the

United States or any agency thereof, if not contrary to any

conditions imposed by the United States or the agency relating to

the land, notwithstanding the fact that the United States or the

agency retains the right to take possession of such land in the

event of a national emergency.

B. The provisions of this section shall be applicable

regardless of the source of the funds from which any such building

is constructed.

Added by Laws 1961, p. 9, § 1. Amended by Laws 2001, c. 146, § 214,

emerg. eff. April 30, 2001. Renumbered from § 118 of this title by

Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-94. Use of monies received from rents on certain buildings.

A. Monies received as a result of renting or leasing any

building or structure or any portion thereof, located on any county

fairground which the county received as a gift from an individual

citizen who was a resident of the county may be used by the county

fair board for maintenance and repair of such originally donated

building.

B. The receipts shall not be subject to fiscal year

cancellations but may be retained in a proper account from year to

year up to a maximum of a Fifteen Thousand Dollar ($15,000.00)

balance.

Oklahoma Statutes - Title 2. Agriculture

C. Any amount of a balance over Fifteen Thousand Dollars

($15,000.00) at the end of each fiscal year which has been derived

from such rental or lease contract shall be transferred to the

county general fund.

Added by Laws 1963, c. 172, § 1, emerg. eff. June 6, 1963. Amended

by Laws 1980, c. 40, § 1, emerg. eff. March 26, 1980; Laws 2001, c.

146, § 215, emerg. eff. April 30, 2001. Renumbered from § 119 of

this title by Laws 2001, c. 146, § 269, emerg. eff. April 30, 2001.

§2-15-95. Consent to expenditures by county commissioners.

A. Prior to the expenditure or the contracting for the

expenditure of a sum in excess of Five Hundred Dollars ($500.00),

the county fair board shall present a notice of intent to the board

of county commissioners setting forth:

1. The expected sum to be expended;

2. The reason for expending the sum of money; and

3. The anticipated amount of said expenditure. The county fair

board shall secure from the board of county commissioners consent

for such expenditure.

B. Nothing in this section shall be construed to authorize the

fair board to purchase materials, services or equipment except in

compliance with the requirements of the law otherwise governing such

purchases.

Added by Laws 1963, c. 172, § 2, emerg. eff. June 6, 1963. Amended

by Laws 2001, c. 146, § 216, emerg. eff. April 30, 2001. Renumbered

from § 120 of this title by Laws 2001, c. 146, § 269, emerg. eff.

April 30, 2001.

§2-15-96. Contracts for construction of buildings and other

structures - Financing.

A. The board of directors of any county fair association is

authorized to enter into agreements with other persons, firms or

corporations, the terms of which provide for the construction of

buildings or other structures upon the property used by the

associations for fairs, exhibitions and other events. The funds to

be made available for the contracts authorized by this section shall

be derived only from the operation of the fairgrounds, gifts or

donations received for such purpose.

B. The use of appropriated public funds or tax receipts to pay

for such structures is expressly prohibited and no liability shall

be incurred by the board of county commissioners or public body in

the event of default on such contracts.

Added by Laws 1965, c. 186, § 1, emerg. eff. June 7, 1965. Amended

by Laws 2001, c. 146, § 217, emerg. eff. April 30, 2001. Renumbered

from § 121 of this title by Laws 2001, c. 146, § 269, emerg. eff.

April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-15-111. Association may be converted into one with specified

duties, powers and liabilities.

In each county in this state in which there has been established

a county free fair association under the 1937 Free Fair Act, as

amended in 1939, in which county bonds for free fair purposes have

been voted and issued since the effective date of the 1939

amendment, as provided in Sections 15-84 through 15-92 of this

title, the board of directors of the fair association may, by

resolution, if approved by the board of county commissioners,

establish and convert the association into a similar fair

association of the same name with the duties, powers and liabilities

specified by Sections 15-112 through 15-127 of this title.

Added by Laws 1947, p. 3, § 1. Amended by Laws 2001, c. 146, § 218,

emerg. eff. April 30, 2001. Renumbered from § 131.1 of this title

by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-112. Board of directors, how composed.

The board of directors of the fair association shall consist of

one member from each of the commissioners’ districts in the county.

If the county contains a city of over twenty thousand (20,000)

population, according to the last Federal Decennial Census, the

directors shall be elected from the rural parts of the

commissioners' districts only, and in addition thereto, two members

of the board shall be elected from the city.

Added by Laws 1947, p. 3, § 2. Amended by Laws 2001, c. 146, § 219,

emerg. eff. April 30, 2001. Renumbered from § 131.2 of this title

by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-113. Election of board of directors - Appointment of

directors.

A. Within thirty (30) days of the establishment of a fair

association, the board of county commissioners shall, by resolution,

call for an election of the fair association board of directors.

Notice of the elections shall be given in a newspaper published in

the county at least ten (10) days before election. Notice of the

filing period for the elections shall be given in a newspaper

published in the county at least ten (10) days before the filing

period for the election. The board of county commissioners, by

resolution, shall set forth the following conditions concerning the

election:

1. The filing period shall consist of five (5) consecutive

business days;

2. Only registered voters of the county are eligible to file as

a candidate;

3. Any person so filing must reside in the commissioner's

district or city they seek to represent;

4. Prospective candidates must file with the county clerk;

Oklahoma Statutes - Title 2. Agriculture

5. The board of county commissioners shall prescribe a form to

be used by prospective candidates filing for the position of

director of the fair board association; and

6. The date of the election for the fair association board of

directors shall be no later than three (3) weeks from the date of

the final day of the filing period.

B. If a district or city does not have a candidate or

candidates for the position, the representative or representatives

shall be appointed as follows:

1. The board of county commissioners shall appoint the

representatives from the rural areas of the county;

2. The mayor of the city shall appoint the representatives from

the city; and

3. In the event there is not a candidate for election to the

fair association board of directors the appointment will be

announced no later than two (2) weeks from the closing of the filing

period.

C. The site of the elections shall be determined by the board

of county commissioners. Elections shall be held at a convenient

place in each district or city, on the same day and at the same

time. The county commissioner representing the district or an

official designee of the commissioner shall preside at the election.

D. The election shall be by secret ballot.

E. Only registered voters of the county shall be allowed to

vote.

F. The results of the election shall be tabulated at the site

of the election and announced prior to the adjournment of the

election meeting.

G. When a tie vote occurs in the election of a fair association

board of directors, the commissioner or commissioner's designee

shall select the candidate by lot, pursuant to the procedures set

forth in Section 8-105 of Title 26 of the Oklahoma Statutes.

H. Initial terms of the directors:

1. The director from commissioner's district one shall be

elected for a term of one (1) year;

2. The director from commissioner's district two shall be

elected for a term of two (2) years; and

3. The director from commissioner's district three shall be

elected for a term of three (3) years.

The term of each director elected subsequent to the initial term

shall be for a period of three (3) years.

I. If there is a city in the county with a population of more

than twenty thousand (20,000) according to the latest federal

census, the board of county commissioners shall in the following

manner cause to be elected two directors to represent the city on

the fair association board of directors:

Oklahoma Statutes - Title 2. Agriculture

1. The county clerk or an official designee of the clerk shall

preside at election in the city;

2. The candidate receiving the highest number of the ballots

cast shall be elected for a three-year term;

3. The candidate receiving the second highest number of votes

shall be elected for a two-year term; and

4. If, by the close of the filing period, a district or city is

without a candidate for the position of fair board director, the

board of county commissioners shall appoint a person to serve on the

fair association board of directors to represent the respective

district and the mayor of the city shall make the appointments for

the two city representatives.

Added by Laws 1993, c. 114, § 2, eff. Sept. 1, 1993. Amended by

Laws 1994, c. 154, § 1, emerg. eff. May 6, 1994; Laws 2001, c. 146,

§ 220, emerg. eff. April 30, 2001. Renumbered from § 131.3A of this

title by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-114. Election or appointment of successors - Terms Organization of board.

A. Upon the expiration of the term to which each director has

been elected or appointed, the board of county commissioners shall:

1. Cause the filing period for the position of director to the

fair board association to commence in January; and

2. Provide for the election or appointment of the director in

accordance with the provisions as set forth in Section 15-113 of

this title.

B. The director shall be elected or appointed to the board of

directors for a term of three (3) years.

C. The commissioner or county clerk presiding at such meeting

shall certify and file in the office of the county clerk the name or

names of the directors elected. The county clerk shall keep a

record thereof and shall issue to each person elected a certificate

of election.

D. The board of directors shall, within ten (10) days after

appointment and taking oath of office, organize by electing a

president, vice president, secretary and treasurer, who shall hold

office at the pleasure of the board. The secretary shall not be a

member of the board of directors.

Added by Laws 1947, p. 4, § 4. Amended by Laws 1993, c. 114, § 3,

eff. Sept. 1, 1993; Laws 2001, c. 146, § 221, emerg. eff. April 30,

2001. Renumbered from § 131.4 of this title by Laws 2001, c. 146, §

270, emerg. eff. April 30, 2001.

§2-15-115. General powers and authority - Report.

A. The board of directors shall have the power, authority and

control over any agricultural and industrial exposition and fair,

Oklahoma Statutes - Title 2. Agriculture

and the management, operation and conducting of the exposition and

fair.

B. The board shall at the end of each calendar year, and in any

event not later than thirty (30) days thereafter, make and file

under oath, with the board of county commissioners, a complete

detailed report of all their transactions of business and finance

for the year. When approved by the board of county commissioners,

the report shall be filed with the county clerk.

Added by Laws 1947, p. 4, § 5. Amended by Laws 2001, c. 146, § 222,

emerg. eff. April 30, 2001. Renumbered from § 131.5 of this title

by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-116. President of board - Secretary - Custodian of funds.

A. The president of the board of directors shall be the

presiding officer of the board and shall:

1. Perform the usual duties incumbent upon such officer; and

2. Ensure compliance with all orders of the board.

B. The secretary of the board shall be the recording officer

and shall:

1. Keep and have supervision over all records;

2. File and safely keep all documents of the agricultural and

industrial exposition and fair;

3. At all times be subject to the order and direction of the

board of directors; and

4. Perform all duties imposed upon him or her by the board of

directors compatible with the duties of such office.

C. The county treasurer shall be the custodian of all funds.

All receipts and revenue set apart for the benefit of and belonging

to such agricultural and industrial exposition and fair shall be

currently deposited with the county treasurer. All disbursements of

revenue shall be made through the county treasurer in the manner and

form as provided in Section 15-121 of this title.

Added by Laws 1947, p. 4, § 6. Amended by Laws 2001, c. 146, § 223,

emerg. eff. April 30, 2001. Renumbered from § 131.6 of this title

by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-117. Members not paid - Salary and bond of secretary.

No member of the board of directors shall be paid nor receive

any salary, compensation, nor emolument for his or her services in

connection with such agricultural and industrial exposition and

fair. The secretary shall be paid a salary to be fixed by the board

of directors to be paid in equal monthly installments. The

secretary shall give a surety bond in an amount to be fixed by the

board of directors and to be approved by the board payable to the

county and conditioned for the faithful performance of duties. The

premium for the bond shall be paid by the board of directors out of

the free fair funds.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1947, p. 4, § 7. Amended by Laws 2001, c. 146, § 224,

emerg. eff. April 30, 2001. Renumbered from § 131.7 of this title

by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-118. Annual exposition, holding of.

A. The board of directors shall:

1. Provide for holding annually at the fairgrounds of the

county an agricultural and industrial exposition and fair for the

purpose of exhibiting and displaying resources connected with or

part of agricultural, horticultural, mineral, mechanical, and

industrial development and the raising of livestock not only from

Oklahoma but from any other state or place;

2. Have the power and authority in order to encourage the

exhibiting and displaying of such resources and livestock to offer

and pay suitable premium and awards and to grade and classify all

exhibits entered in competition at such exposition and fair;

3. Have the power and authority to employ all necessary

assistants and provide for the payment of a reasonable salary or

compensation to such employees.

B. If the board of directors decides that it is impractical to

hold an exhibition or fair in any year, the board may postpone the

exhibition or fair to such time as it would be advisable to hold the

exhibition or fair, whether in the same year or a succeeding year.

Added by Laws 1947, p. 4, § 8. Amended by Laws 2001, c. 146, § 225,

emerg. eff. April 30, 2001. Renumbered from § 131.8 of this title

by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-119. Exhibitions, contests and other events.

In addition to the powers specified by law, the board of

directors shall have the power and authority to provide for during

the agricultural and industrial exposition and fair or at any other

time:

1. Exhibitions and contests of speed, athletic skill and other

events of public and civic interest and benefit, and award suitable

prizes and purses therefor; and

2. The collection of reasonable admission into the exposition

or fair and rental fees therefrom by activities specified in this

section.

Added by Laws 1947, p. 5, § 9. Amended by Laws 2001, c. 146, § 226,

emerg. eff. April 30, 2001. Renumbered from § 131.9 of this title

by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-120. Fees and charges.

A. The board of directors is hereby given the power and

authority to provide for and collect the following fees and charges:

Oklahoma Statutes - Title 2. Agriculture

1. A reasonable general admission fee per person, except that

no admission charges or fees shall be exacted from persons

exhibiting items such as natural resources or livestock;

2. A reasonable fee for merchants display space and

concessions;

3. A reasonable fee as rental for barns, pens and other

buildings;

4. A reasonable entrance fee and stall rent sufficient to

maintain stalls in a clean and sanitary condition and for light,

fuel and water service;

5. A reasonable charge for parking cars or other vehicles;

6. A reasonable entrance fee to persons desiring to enter into

competition in exhibitions of speed and athletic skill; and

7. A reasonable admission fee to persons desiring to enter the

enclosure in which such exhibitions are held to witness the

exhibitions.

B. During the agricultural and industrial exposition and fair,

a day may be set apart for school children in cities and towns and a

day for school children in rural communities to allow such children

to be admitted free into the agricultural and industrial exposition

and fair.

C. All fees and charges authorized by this section to be

collected shall be used exclusively for premiums and the operating

and conducting of the agricultural and industrial exposition and

fair and maintenance and repair of buildings and upkeep of the

grounds, and construction of new buildings as needed.

Added by Laws 1947, p. 5, § 10. Amended by Laws 2001, c. 146, §

227, emerg. eff. April 30, 2001. Renumbered from § 131.10 of this

title by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-121. Accounts – Disbursements.

A. The county treasurer shall set up two accounts of funds in

the name of the exposition and free fair:

1. One account shall be designated as “tax account”. The ad

valorem taxes herein authorized to be appropriated pursuant to this

section when collected shall be credited to the account; and

2. The other account shall be designated “miscellaneous revenue

account”. Miscellaneous revenue shall include ticket sales and

exposition space sales authorized to be collected pursuant to this

section and any other revenue not derived from taxes shall be

credited to the miscellaneous revenue account, when paid to such

treasurer.

B. 1. All disbursement of funds from the tax account of the

agricultural and industrial exposition and fair, except as otherwise

provided for in this section and as otherwise provided by law

governing the general funds of said county, shall be made upon

sworn, itemized claims allowed by the board of directors and the

Oklahoma Statutes - Title 2. Agriculture

board of county commissioners in the same manner as other county

claims; and

2. Disbursement of funds from the miscellaneous revenue account

shall be made in cash voucher claims allowed by the secretary of the

board of directors.

C. Such claims shall be itemized and sworn to by claimants, and

when allowed by the secretary of the board of directors, shall be

filed with the county clerk of the county whose duty it shall be to

forthwith issue a cash voucher to the county treasurer directing him

or her to pay the claim out of the cash on hand and to the credit of

such agricultural and industrial exposition and fair. No cash

voucher claim shall be allowed nor filed and no cash voucher issued

in payment thereof in excess of the cash actually on hand and in the

possession of the county treasurer at the time of presentation for

payment. No contract, debt nor obligation authorized or created by

the board of directors in excess of the income realized shall be

valid.

D. Premiums and prizes may be paid in cash immediately from the

cash receipts of the fair without first being deposited with the

county treasurer, in which event such payments must be itemized

separately and distinctly in the annual account as a premium or

prize paid with cash from current receipts.

Added by Laws 1947, p. 5, § 11. Amended by Laws 2001, c. 146, §

228, emerg. eff. April 30, 2001. Renumbered from § 131.11 of this

title by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-122. Expenses of operating fair - Unused funds - Transfer of

funds of existing association.

A. All expenses of operating the free fair, including awards

and prizes, shall be paid first from the tax account and second from

the miscellaneous revenue account. Any funds remaining in the

miscellaneous revenue account shall be appropriated for the next

fiscal year to be used for maintenance, construction or any other

proper purpose to be determined by the fair board.

B. Any and all funds on hand to the credit of any existing free

fair association in any such county shall be immediately transferred

to the credit of the association upon the election of the board of

directors.

Added by Laws 1947, p. 6, § 12. Amended by Laws 2001, c. 146, §

229, emerg. eff. April 30, 2001. Renumbered from § 131.12 of this

title by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-123. Appropriations by boards of county commissioners.

A. It shall be the mandatory duty of the board of county

commissioners of any counties to include in the estimates of needs

for any such counties for each fiscal year, whether an exposition

and fair is held in such year or not:

Oklahoma Statutes - Title 2. Agriculture

1.

Unless a lesser sum is requested by the board of directors;

and

2. A sum not less than Eight Thousand Dollars ($8,000.00) in

counties having a net assessed valuation, as provided in Section 1,

Chapter 6, Title 19, Oklahoma Session Laws 1943, at the time the

appropriation is made of not less than Thirty-five Million Dollars

($35,000,000.00) and not more than Forty Million Dollars

($40,000,000.00); or a sum of not less than Ten Thousand Dollars

($10,000.00) in counties having such a net assessed valuation at the

time the appropriation is made of more than Forty Million Dollars

($40,000,000.00) but not more than Forty-five Million Dollars

($45,000,000.00); or a sum not less than Twelve Thousand Dollars

($12,000.00) in counties having such a net assessed valuation at the

time the appropriation is made of more than Forty-five Million

Dollars ($45,000,000.00).

B. The money shall be used by the board of directors for:

1. The payment of premiums, salaries, and other expenses

incurred in the management, operation and conducting of a exposition

and fair, including the salary of the secretary-treasurer and office

employees, and secretary's bond premium;

2. The maintenance of buildings and the upkeep of grounds, the

construction of new buildings, or either of such purposes; and

3. Any other expense incidental to the general purposes of this

subsection.

C. The amount appropriated shall be a part of the current

expenses of the county, and it is hereby made the mandatory duty of

the excise board of the county establishing an exposition and fair

to approve the amount so estimated for the purposes by the board of

county commissioners.

D. The miscellaneous income received by the board of directors

during any year shall not be taken into consideration as a part of

the estimated income used in financing the estimated needs of the

county. The estimated needs shall be exclusive of the estimated

miscellaneous income.

Added by Laws 1947, p. 6, § 13. Amended by Laws 2001, c. 146, §

230, emerg. eff. April 30, 2001. Renumbered from § 131.13 of this

title by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-124. Ownership of property - Use - Lease or rent.

A. All property heretofore acquired by any county by virtue of

the provisions of various legislative acts for expositions and free

fair purposes is hereby declared to be the property of such county

coming within the provisions of this article, and is hereby placed

under the custody and control of the board of county commissioners

in such county the same as other county property. The property

shall be used for the purposes of carrying out the provisions of

Sections 15-111 through 15-127 of this title.

Oklahoma Statutes - Title 2. Agriculture

B. The board of directors of an exposition and fair shall have

the right to:

1. Lease or rent any of the property belonging to it,

including, but not limited to, all grounds, buildings and equipment

of the exposition and fair, for any purpose, and upon such terms as

they deem proper, during such time as the same is not being used for

exposition and fair purposes; and

2. Use the proceeds of such lease or rental for the general

purposes of Sections 15-111 through 15-127 of this title.

Added by Laws 1947, p. 6, § 14. Amended by Laws 2001, c. 146, §

231, emerg. eff. April 30, 2001. Renumbered from § 131.14 of this

title by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-125. Lease of grounds, buildings and equipment - Lease of

sites for buildings - Contracts for erection of buildings.

A. The board of directors may, and if in its judgment it will

be to the best interest of the people of said county, lease the

grounds, buildings and equipment, or any part thereof, to any

person, firm, corporation or association for any purpose whatsoever

on any terms deemed reasonable by said board of directors, including

housing animals or equipment or holding exhibitions or contests, or

for the exhibition or contest of any rodeo, baseball, football or

any other game, display or contest, either occasionally or annually,

as long as such lease does not interfere with or is in connection

with the holding of an annual free fair.

B. The board of directors may also, with the approval of the

board of county commissioners, enter into a lease of a portion or

site on the grounds for any term of years they deem reasonable with

any person, firm or corporation for the erection and maintenance of

a building or buildings by the party for permanent displays or

housing equipment or for the permanent housing or shelter of

livestock, or for any other purpose which may benefit the county

free fair association or any of its activities and as long as said

lease or leases do not interfere with or are in connection with the

holding of an annual free fair.

C. The board may contract with any person, firm or corporation

for the erection of a building by such person, firm or corporation

on a specified site to be used by such party, with the provision

that the building shall become the property of the free fair

association at the termination of any number of years to be agreed

upon.

Added by Laws 1947, p. 7, § 15. Amended by Laws 2001, c. 146, §

232, emerg. eff. April 30, 2001. Renumbered from § 131.15 of this

title by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-126. Use of grounds for charitable, religious, patriotic or

eleemosynary purposes.

Oklahoma Statutes - Title 2. Agriculture

The board of directors may permit the free use of the

fairgrounds or any of its facilities for entertainments, exhibitions

or displays of interest to the public where no admission is charged

if the proceeds thereof are wholly for charitable, religious,

patriotic or eleemosynary purposes.

Added by Laws 1947, p. 7, § 16. Amended by Laws 2001, c. 146, §

233, emerg. eff. April 30, 2001. Renumbered from § 131.16 of this

title by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-127. Gifts of money or property.

The board of directors may accept and use gifts of money or

property on behalf of the fair and use it for general free fair

purposes. The board of directors may also give the donor the right

to use such property for a period of time as the donor may desire.

Added by Laws 1947, p. 7, § 17. Amended by Laws 2001, c. 146, §

234, emerg. eff. April 30, 2001. Renumbered from § 131.17 of this

title by Laws 2001, c. 146, § 270, emerg. eff. April 30, 2001.

§2-15-141. Establishment of expositions and fairs.

For the purpose of cooperating with the development of

agricultural, mineral and industrial resources and the educational

facilities of the state, there may be established in all counties of

the State of Oklahoma agricultural and industrial expositions and

fairs, in the manner provided pursuant to Sections 15-142 through

15-147 of this title.

Added by Laws 1970, c. 335, § 1. Amended by Laws 1971, c. 100, § 1,

emerg. eff. April 24, 1971; Laws 2001, c. 146, § 235, emerg. eff.

April 30, 2001. Renumbered from § 157.1 of this title by Laws 2001,

c. 146, § 271, emerg. eff. April 30, 2001.

§2-15-142. Method of establishment.

In any county in this state coming within the provisions of

Section 15-141 of this title, the board of county commissioners may,

by a resolution entered of record in the commissioners' journal of

proceedings, disclose its intention to avail such county of the

provisions and terms of Sections 15-141 through 15-147 of this

title, and within thirty (30) days after entry of the resolution of

record, the board of county commissioners shall meet for the purpose

of placing in force and effect the provisions of Sections 15-141

through 15-147 of this title.

Added by Laws 1970, c. 335, § 2, emerg. eff. April 23, 1970.

Amended by Laws 2001, c. 146, § 236, emerg. eff. April 30, 2001.

Renumbered from § 157.2 of this title by Laws 2001, c. 146, § 271,

emerg. eff. April 30, 2001.

§2-15-143.

Authority.

Lease to Public Trust Authority - Powers and duties of

Oklahoma Statutes - Title 2. Agriculture

A. The board of county commissioners of any county qualifying,

pursuant to Section 15-142 of this title, may lease the grounds,

buildings, equipment and facilities owned and acquired by the county

for the purpose of conducting annual agricultural and industrial

fairs and expositions to a Public Trust Authority, created pursuant

to the laws of the State of Oklahoma as they relate to public

trusts, for the purposes of managing the grounds, buildings,

equipment and facilities as well as conducting annual agricultural

and industrial fairs and expositions.

B. The Public Trust Authority shall have all rights, powers,

authority, duties and responsibilities which are now or hereafter

provided by general law for public trusts in Oklahoma, pursuant to

Sections 176 through 180.4 of Title 60 of the Oklahoma Statutes, and

the Oklahoma Trust Act, which are not inconsistent with the

provisions of this article.

C. The Trust Authority, with the approval of the county

commission, may issue revenue bonds for not to exceed twenty-fiveyear terms in accordance with trust laws of the State of Oklahoma.

D. The trust may sublease any facilities, provided any lease in

excess of two (2) years shall be approved by the board of county

commissioners.

E. Any capital expenditure in excess of One Hundred Thousand

Dollars ($100,000.00) on any project shall not be made without prior

approval of the board of county commissioners.

Added by Laws 1970, c. 335, § 3, emerg. eff. April 23, 1970.

Amended by Laws 2001, c. 146, § 237, emerg. eff. April 30, 2001.

Renumbered from § 157.3 of this title by Laws 2001, c. 146, § 271,

emerg. eff. April 30, 2001.

§2-15-144. Membership - Qualifications and terms - Vacancies.

A. The Trust Authority shall be composed of from nine to

twenty-one trustees, to be determined by the board of county

commissioners in multiples of three. Each county commissioner shall

appoint the same number of trustees for three-year terms and such

terms shall be staggered, all subject to confirmation by the board

of county commissioners.

B. It is the legislative intent that the appointment of

trustees made by the commissioners, insofar as possible, shall

represent the full geographical area of the county and all areas of

participation in the fair and fairground operations. As soon as

practicable after the act becomes in force and effect, the board of

county commissioners of any such county shall appoint the trustees

of the Trust Authority as provided in this subsection, and the terms

of such trustees shall be as follows:

1. The first one-third of said trustees appointed shall serve

for an initial term of one (1) year each from the date of their

appointment;

Oklahoma Statutes - Title 2. Agriculture

2. The next one-third of said trustees shall serve for an

initial term of two (2) years from the date of their appointment;

and

3. The next one-third of said trustees shall serve for an

initial term of three (3) years from the date of their appointment.

C. After expiration of the initial terms, the term of said

trustees shall be three (3) years.

D. All trustees of the Trust Authority shall serve as such

without compensation, and the appointed trustees shall hold no other

municipal, county, state or federal elective office.

E. A vacancy occurring other than through the expiration of a

term shall be filled for the remainder of the unexpired term by the

commissioner who made the appointment that becomes vacant.

Added by Laws 1970, c. 335, § 4, emerg. eff. April 23, 1970.

Amended by Laws 2001, c. 146, § 238, emerg. eff. April 30, 2001.

Renumbered from § 157.4 of this title by Laws 2001, c. 146, § 271,

emerg. eff. April 30, 2001.

§2-15-145. Personal interest in contracts.

A. No trustee, officer or employee of such Public Trust

Authority shall be a party either directly or indirectly, to any

contract or agreement with such Public Trust Authority from which he

or she may derive any personal gain or profit.

B. If any contract or agreement is made in violation of the

provisions of this section, the contract or agreement shall be null

and void and no action shall be maintained thereon against such

Public Trust Authority. Any contract or agreement made in violation

of the provisions of this section shall constitute cause for the

immediate removal of such member, trustee, officer or employee

executing the contract or agreement.

C. This section shall not prohibit any trustee or employee from

participating in exhibits at the annual fair and events.

Added by Laws 1970, c. 335, § 5, emerg. eff. April 23, 1970.

Amended by Laws 2001, c. 146, § 239, emerg. eff. April 30, 2001.

Renumbered from § 157.5 of this title by Laws 2001, c. 146, § 271,

emerg. eff. April 30, 2001.

§2-15-146. Director - Legal counsel.

A. The Trust Authority shall employ a director who shall be

paid a reasonable salary to be fixed by the Trust Authority. The

director shall give a surety bond in the sum of not less than Fifty

Thousand Dollars ($50,000.00) the specific amount to be determined

by the Trust Authority. The bond shall be approved by and made

payable to the Trust Authority. The premium for said bond shall be

paid by the Trust Authority.

B. The Trust Authority may employ all employees necessary for

the purposes of Sections 15-141 through 15-147 of this title and

Oklahoma Statutes - Title 2. Agriculture

provide for the payment of reasonable salaries, wages, or

compensation to such employees.

C. The Trust Authority may elect to place the director and

employees under the employees benefits provided by the board of

county commissioners for other county employees. The cost of such

benefits shall be paid by the Trust Authority.

D. The district attorney shall be authorized to represent the

Trust Authority. Provided, however, the trustees may elect to

employ their own legal counsel, subject to the approval of the board

of county commissioners. In the event the district attorney

certifies it is not practical for him or her to represent the

trustees, then the district attorney shall not be required to

represent the trustees.

Added by Laws 1970, c. 335, § 6, emerg. eff. April 23, 1970.

Amended by Laws 2001, c. 146, § 240, emerg. eff. April 30, 2001.

Renumbered from § 157.6 of this title by Laws 2001, c. 146, § 271,

emerg. eff. April 30, 2001.

§2-15-147. Audits - Expenses.

A. The account and books of the Trust Authority, including its

receipts, disbursements, contracts, mortgages, investments and other

matters relating to its finances, operations and affairs shall be

examined and audited not less than once each twelve (12) months by a

certified public accountant or licensed public accountant.

B. The trustees of the Trust Authority may employ a certified

public accountant or licensed public accountant for the audit and

examination and pay a reasonable fee therefor from trust funds.

C. The records, books and accounts may be examined from time to

time at the discretion of and by the State Auditor and Inspector as

provided by law. When an audit is made as provided in this

subsection, by the State Auditor and Inspector, all expenses of the

audit must be reimbursed by the Trust Authority to the State Auditor

and Inspector.

Added by Laws 1970, c. 335, § 7, emerg. eff. April 23, 1970.

Amended by Laws 1973, c. 68, § 1, emerg. eff. April 27, 1973; Laws

1979, c. 30, § 58, emerg. eff. April 6, 1979; Laws 2001, c. 146, §

241, emerg. eff. April 30, 2001. Renumbered from § 157.7 of this

title by Laws 2001, c. 146, § 271, emerg. eff. April 30, 2001.

§2-15-161. Companies and operators to file bond to secure contract

- Term and conditions.

A. All carnival companies or the operators of public shows that

enter into any contract with any county agricultural society or

county fair shall be required, within thirty (30) days after the

execution of such contract, to:

1. Execute and file with the Secretary of State a good and

sufficient bond, with corporate surety doing business in the State

Oklahoma Statutes - Title 2. Agriculture

of Oklahoma, in the sum of Two Thousand Five Hundred Dollars

($2,500.00) running to the State of Oklahoma. The bond shall be

conditioned that any such carnival company or the operator of the

show will faithfully perform any contract entered into by the

carnival or operator in the State of Oklahoma during a period of one

(1) year from the date of execution of such contract; and

2. At the time of the filing of the bond, file with the

Secretary of State an appointment of some person within the State of

Oklahoma authorized to receive service of process on behalf of the

principal on the bond.

B. The bond shall be made for a period of one (1) year and no

additional bonds shall be required for that period.

C. Upon entering into any contract with county fair or county

agricultural society, calling for a performance in any specific

county in the State of Oklahoma, the carnival company or the

operator of the show shall, within thirty (30) days after signing of

each such contract, file with the county clerk of such county a

certificate showing that the bond provided for in this section has

been filed with the Secretary of State.

Added by Laws 1953, p. 1, § 1. Amended by Laws 2001, c. 146, § 242,

emerg. eff. April 30, 2001. Renumbered from § 161 of this title by

Laws 2001, c. 146, § 272, emerg. eff. April 30, 2001.

§2-15-162. Contracts secured by bond - Approval of form - Suit on

bond.

A. The bond required by Section 15-161 of this title shall be

security, not only for the performance of the initial contract

signed by any such carnival company or the operator of any such

show, but it also shall insure performers of all other contracts

made in this state with any agricultural society or county fair

during the period such bond is in force.

B. The bond shall be in form approved by the Attorney General

of Oklahoma.

C. Any county agricultural society or county fair may bring

suit upon such bond in the county where such contract was to have

been performed to recover any damages sustained by reason of breach

of contract or failure to carry out the terms thereof.

Added by Laws 1953, p. 2, § 2. Amended by Laws 2001, c. 146, § 243,

emerg. eff. April 30, 2001. Renumbered from § 162 of this title by

Laws 2001, c. 146, § 272, emerg. eff. April 30, 2001.

§2-15-163. Violations - Punishment.

Each officer, owner, or manager of any carnival company or show,

who willfully fails to cause bond and certificate to be filed as

provided by Section 15-161 of this title, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be fined in the sum

Oklahoma Statutes - Title 2. Agriculture

of not less than Fifty Dollars ($50.00) nor more than Two Hundred

Dollars ($200.00).

Added by Laws 1953, p. 2, § 3. Amended by Laws 2001, c. 146, § 244,

emerg. eff. April 30, 2001. Renumbered from § 163 of this title by

Laws 2001, c. 146, § 272, emerg. eff. April 30, 2001.

§2-16-1. Short title.

A. Article 16 of Title 2 of the Oklahoma Statutes shall be

known and cited as the Oklahoma Forestry Code.

B. All statutes enacted and codified in Article 16 of Title 2

of the Oklahoma Statutes shall be considered part of the Oklahoma

Forestry Code.

Added by Laws 1971, c. 349, § 101, emerg. eff. June 24, 1971.

Amended by Laws 1995, c. 238, § 1, eff. Nov. 1, 1995; Laws 2001, c.

113, § 3, emerg. eff. April 18, 2001. Renumbered from § 1301-101 of

this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.

§2-16-2. Definitions.

As used in the Oklahoma Forestry Code:

1. "Control line" means a constructed or natural barrier and

treated fire edge used to control a fire;

2. "Director" means the Director of Forestry of the Oklahoma

Department of Agriculture, Food, and Forestry;

3. "Division" means the Forestry Division of the Oklahoma

Department of Agriculture, Food, and Forestry;

4. "Established property line" means any boundary line which

has been:

a.

recognized by adjoining land owners as a boundary and

uncontested for at least fifteen (15) years including,

but not limited to, fence lines, roads, and natural

features,

b.

established by a registered land surveyor, or

c.

uncontested for at least fifteen (15) years;

5. "Fire line" means the actively burning or burned perimeter

of an uncontrolled wildfire of any size that necessitates the use of

direct or indirect tactical suppression actions to control the

wildfire;

6. "Forest rangers" means all employees of the Forestry

Division who have responsibilities in forest and natural resource

protection, including laborers, mechanics, and other employees who

assist in forest and natural resource protection;

7. "Forest" means a tract of land that is at least ten percent

(10%) stocked by trees of any size, whether of commercial or

noncommercial species, or formerly having tree cover and not

currently developed for non-forest use, including woodlands,

woodlots, windbreaks, and shelterbelts;

Oklahoma Statutes - Title 2. Agriculture

8. "Hazardous duty" means actions performed on or near the fire

line required to fight and control wildfires in order to protect

lives, property, forests, and natural resources as well as functions

associated with wildland hazardous fuels reduction work to mitigate

and reduce wildfire threat to lives, property, forests, and natural

resources;

9. "Logging or timber harvesting operations" means the cutting

or harvesting of and removal of timber from a site, leaving the root

mass intact;

10. "Owner" means the possessor of a fee interest, a tenant,

lessee, occupant, or other person in lawful control of land;

11. "Prescribed burning" means the controlled application of

fire by the owner or designated agent of croplands, rangelands, or

forestlands to naturally occurring vegetative fuel under specified

environmental conditions and following appropriate precautionary

measures intended to keep the fire confined to a predetermined area

and accomplish land management objectives;

12. "Timber" means live and dead trees and the profit in any

live and dead trees including, but not limited to, bark, foliage,

wood, vines, firewood, crossties, and shrubbery;

13. "Timber owner" means any person who owns the right to cut

or harvest timber at the time the timber is to be cut or harvested,

or who legally owns the severed timber;

14. "Wildfires" means any fire which is not controlled on

forests, grasslands, fields, or croplands;

15. "Wildland" means any undeveloped land regardless of

vegetative plant cover including forest, prairie, marsh, and swamp;

and

16. "Wildland firefighter" means any forest ranger employed by

the Forestry Division whose duty to fight wildfires includes

incident management, fire suppression, and hazardous wildland fuel

mitigation.

Added by Laws 1971, c. 349, § 102, emerg. eff. June 24, 1971.

Amended by Laws 1995, c. 238, § 2, eff. Nov. 1, 1995. Renumbered

from § 1301-102 of this title by Laws 2001, c. 113, § 56, emerg.

eff. April 18, 2001. Amended by Laws 2001, c. 208, § 2, emerg. eff.

May 14, 2001; Laws 2001, c. 440, § 2, eff. July 1, 2001; Laws 2007,

c. 195, § 1, emerg. eff. May 31, 2007; Laws 2024, c. 198, § 1, eff.

Nov. 1, 2024.

NOTE: Laws 2001, c. 113, § 4 repealed by Laws 2001, c. 440, § 6,

eff. July 1, 2001.

§2-16-3. Forestry program - Responsibilities.

The State Board of Agriculture shall institute a broad program

of education and action in the protection, reforestation,

harvesting, and wise use of forests and their products throughout

Oklahoma under the provisions the Board shall adopt. These

Oklahoma Statutes - Title 2. Agriculture

provisions shall include the need for trees and forests to meet the

increasing demands for forest products for human consumption, the

necessity of environmental improvement to filter out noise and dirt,

clean and replenish the atmosphere, to conserve soil, water and

wildlife, and to provide outdoor recreation for healthful living.

The Board shall administer silviculture best management practices in

cooperation with forestry land users under the provisions of state

and federal water pollution laws that include the process to

identify silviculturally related nonpoint sources of pollution as

defined by the Oklahoma Environmental Quality Code and, to the

extent feasible, establish procedures and methods to control these

sources.

Added by Laws 1971, c. 349, § 103, emerg. eff. June 24, 1971.

Amended by Laws 1981, c. 174, § 1; Laws 1993, c. 145, § 351, eff.

July 1, 1993; Laws 2001, c. 113, § 5, emerg. eff. April 18, 2001.

Renumbered from § 1301-103 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-4. Duties of Board.

It shall be the duty of the State Board of Agriculture under

terms the Board determines shall best serve the public interest to

assist and cooperate with federal and state departments, educational

institutions, counties, towns, corporations, or individuals; to

gather and disseminate information about forests, their care and

management; to prevent and extinguish wildfires; to enforce all laws

pertaining to forests and wildlands; and to monitor the health,

inventory, and condition of the state's forest resources.

Added by Laws 1971, c. 349, § 104, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 6, emerg. eff. April 18, 2001.

Renumbered from § 1301-104 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001. Amended by Laws 2006, c. 209, § 1, eff.

Nov. 1, 2006; Laws 2007, c. 195, § 2, emerg. eff. May 31, 2007; Laws

2024, c. 198, § 2, eff. Nov. 1, 2024.

§2-16-5. Forestry Division - Other enforcement agencies.

The laws of this state relating to forestry activities shall be

implemented, enforced, and carried out by the State Board of

Agriculture through a division of the State Department of

Agriculture to be known as the Forestry Division. Other law

enforcement agencies of the state shall assist in the prevention,

suppression, and investigation of fires, and the enforcement of the

Oklahoma Forestry Code.

Added by Laws 1971, c. 349, § 105, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 7, emerg. eff. April 18, 2001.

Renumbered from § 1301-105 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-16-6. Interfering with, molesting or assaulting firefighters Penalty.

Any person or persons acting in concert who knowingly and

willfully interfere with, molest, or assault forest rangers or

firefighters in the performance of their duties, or who knowingly

and willfully obstruct, interfere with, or impede the progress of

forest rangers or firefighters to reach the destination of a fire,

or who damage or destroy any vehicles or equipment used to reach or

extinguish a fire shall be guilty of a Class D3 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes.

Added by Laws 1998, c. 300, § 1, eff. Nov. 1, 1998. Amended by Laws

2001, c. 113, § 8, emerg. eff. April 18, 2001. Renumbered from §

1301-105.1 of this title by Laws 2001, c. 113, § 56, emerg. eff.

April 18, 2001. Amended by Laws 2025, c. 486, § 633, eff. Jan. 1,

2026.

§2-16-7. Director of Forestry - Qualifications - Employment of

personnel.

The administrative head of the Forestry Division shall be the

Director of Forestry, who shall be a professional forester and be

qualified as required by the State Board of Agriculture. Other

professional, technical, and practical personnel necessary to

discharge the responsibilities of the Forestry Division shall be

employed by the Director of Forestry, subject to the approval of the

Board.

Added by Laws 1971, c. 349, § 106, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 9, emerg. eff. April 18, 2001.

Renumbered from § 1301-106 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-8. Forestry Division - Appointment of forestry employees Powers and duties - Entry upon lands - Arrests, etc.

A. The Forestry Division of the Oklahoma Department of

Agriculture, Food, and Forestry, in connection with the enforcement

of the Oklahoma Forestry Code, shall have the following powers,

authority, and duties:

1. To enforce the provisions of this code and other forest and

forest protection laws of this state;

2. To prevent, mitigate, detect, suppress, and investigate

wildfires in this state;

3. To provide wildland firefighting crews, who shall be under

the control and direction of forest rangers and other designated

agents of the Division;

4. To appoint district foresters, investigators, rangers, and

other employees;

Oklahoma Statutes - Title 2. Agriculture

5. To use the resources of the Division on state-owned parks

and other state-administered land to prevent and suppress wildfires,

to mitigate hazardous wildland fuels, and to establish wildland

firefighting crews, who shall be authorized to suppress wildfires on

state land;

6. To be reimbursed on an actual cost basis for all services

provided to state parks and other land administered by the State of

Oklahoma;

7. To investigate cases of forest timber theft;

8. To make available for sale surplus state vehicles directly

to rural fire departments or municipal fire departments, in cities

or towns under ten thousand (10,000) population. State vehicles may

be offered for sale only after approval is given in writing by the

Office of Management and Enterprise Services and an evaluation is

made of each vehicle and a price set by the Office of Management and

Enterprise Services. The Forestry Division may only receive the

amount authorized by the Office of Management and Enterprise

Services for the sale of the vehicle;

9. To purchase equipment from the Rural Fire Defense Equipment

Revolving Fund's inventory, when advantageous to the state, and to

reimburse the Revolving Fund; and

10. To plan and conduct prescribed burning at the request and

expense of landowners on public or private land for the purpose of

controlling invasive or exotic species, for hazardous fuel

reduction, wildlife habitat manipulation, ecosystem restoration, or

achieving silvicultural objectives. Forestry Division employees

shall be protected under The Governmental Tort Claims Act and shall

not be personally liable beyond the limits established therein for

activities pursuant to this paragraph unless gross negligence is

established in a competent court of law.

B. Forest rangers, and the firefighting crews under their

control and direction, may enter upon any land for the purpose of

preventing and suppressing wildfires and to enforce the provisions

of the Oklahoma Forestry Code and other wildfire and forest

protection laws of this state.

C. Forest rangers, employees of the Division, and all persons

under contract or agreement with the Division to assist in

firefighting operations, as well as persons called upon by forest

rangers or other authorized employees of the Division to assist in

firefighting under the direction or supervision of employees of the

Division, may, in the performance of their duties, set backfires,

dig trenches, construct control lines, and carry on all customary

activities in the fighting of wildfires without incurring liability

to any person.

D. Under the direction of forest rangers and upon written

consent of the landowner, county officers and employees may, in the

performance of their duties and without incurring liability to any

Oklahoma Statutes - Title 2. Agriculture

person, construct control lines and carry out all customary

activities for conducting prescribed burns to mitigate hazardous

wildland fuels to prevent wildfires on private lands.

E. Upon written consent from a landowner or designated agent,

forest rangers, in the performance of their duties and without

incurring liability to any person, may construct control lines,

carry out all customary activities for conducting prescribed burns,

and utilize mechanized equipment to reduce hazardous wildland fuels

in order to mitigate or reduce the effects of wildfires on lives,

property, forests, and natural resources on private and public lands

in this state.

1. The Director of the Forestry Division may appoint, subject

to the approval of the State Board of Agriculture, special officers

who shall have the power and authority to arrest. The special

officers shall have power and authority throughout the state, under

the direction and control of the Division, to enforce the criminal

provisions contained in the Oklahoma Forestry Code, other laws

relating to forests and wildfires and the Oklahoma Agricultural

Code.

2. The special officers shall have power and authority to make

arrests with or without warrants for violations of the criminal

provisions of the Oklahoma Forestry Code, other laws relating to

forests and wildfires and the Oklahoma Agricultural Code to the same

extent and under the same limitations and duties as peace officers

under the provisions of Chapter 3 of Title 22 of the Oklahoma

Statutes.

3. In connection with the enforcement of the criminal

provisions, the special officers and other state investigators or

law enforcement officers may go upon all premises when necessary for

the enforcement of laws. All special officers shall be ex officio

forest rangers and shall be under the control and direction of the

Division; except, the Director may at any time, for cause, remove

any powers and authority of arrest conferred. Special officers

shall have the same right and authority to carry arms as the

sheriffs of this state. The compensation of special officers shall

be fixed and paid by the Division from its funds.

Added by Laws 1971, c. 349, § 107, emerg. eff. June 24, 1971.

Amended by Laws 1981, c. 174, § 2; Laws 1993, c. 139, § 1, eff.

Sept. 1, 1993; Laws 1994, c. 272, § 1, operative July 1, 1994; Laws

2001, c. 113, § 10, emerg. eff. April 18, 2001. Renumbered from §

1301-107 of this title by Laws 2001, c. 113, § 56, emerg. eff. April

18, 2001. Amended by Laws 2007, c. 195, § 3, emerg. eff. May 31,

2007; Laws 2011, c. 84, § 1, eff. Nov. 1, 2011; Laws 2012, c. 304, §

11; Laws 2019, c. 358, § 1, eff. Nov. 1, 2019; Laws 2024, c. 198, §

3, eff. Nov. 1, 2024.

§2-16-9.

Payroll deductions for residence maintenance expenses.

Oklahoma Statutes - Title 2. Agriculture

The State Board of Agriculture is authorized to make payroll

deductions for maintenance from Forestry Division employees living

in residences located on land owned or leased by the Board. Within

the next month following payroll deductions, the Board shall deposit

these funds in the State Department of Agriculture Revolving Fund

created by Section 2-10 of Title 2 of the Oklahoma Statutes. The

expenditure of these funds for maintenance shall be limited to

repairs, upkeep, and other expenses associated with the residences

owned or leased by the Board.

Added by Laws 1984, c. 296, § 62, operative July 1, 1984. Amended

by Laws 2001, c. 113, § 11, emerg. eff. April 18, 2001. Renumbered

from § 1301-108 of this title by Laws 2001, c. 113, § 56, emerg.

eff. April 18, 2001.

§2-16-10. Authorization of forestry cost-share program.

The State Board of Agriculture is authorized to establish and

administer a forestry cost-share program. The forestry cost-share

program shall provide monies to private landowners for the purpose

of implementing forest conservation or management practices on the

land as described in forest management plans approved by the

Commissioner of the State Department of Agriculture or meeting

certain standards established by the Commissioner. The Board shall

promulgate rules governing the cost-share program.

Added by Laws 1996, c. 19, § 1, eff. Nov. 1, 1996. Amended by Laws

2001, c. 113, § 12, emerg. eff. April 18, 2001. Renumbered from §

1301-109 of this title by Laws 2001, c. 113, § 56, emerg. eff. April

18, 2001.

§2-16-11. Forestry Cost-Share Fund.

A. There is created within the State Treasury a cost-share fund

for the State Board of Agriculture to be designated the "Forestry

Cost-Share Fund". The fund shall be a continuing fund, not subject

to fiscal year limitations, and shall consist of all monies received

by the Board to implement and maintain the forestry cost-share

program.

B. The Forestry Cost-Share Fund shall consist of:

1. Money received by the Oklahoma Department of Agriculture,

Food, and Forestry in the form of gifts, grants, reimbursements,

donations, forest industry contributions, funds allocated by federal

agencies for landowner forestry cost-share programs, and other

monies specifically designated for the forestry cost-share program.

All monies accruing to the credit of the fund are appropriated and

may be budgeted and expended by the Board for the forestry costshare program; and

2. Interest attributable to investment of money in the Forestry

Cost-Share Fund.

Oklahoma Statutes - Title 2. Agriculture

C. All donations or other proceeds received by the Department

pursuant to the provisions of this section shall be deposited with

the State Treasurer to be credited to the Forestry Cost-Share Fund.

Expenditures from the fund shall be made upon warrants issued by the

State Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.

D. The monies deposited in the Forestry Cost-Share Fund shall

at no time become part of the general budget of the Department or

any other state agency. Except for any administration costs

incurred in development and implementation of the forestry costshare program, no monies from the Fund shall be transferred for any

purpose to any other state agency or any account of the Board or

Department or be used for the purpose of contracting with any other

state agency or reimbursing any other state agency for any expense.

Added by Laws 1996, c. 19, § 2, eff. Nov. 1, 1996. Amended by Laws

2001, c. 113, § 13, emerg. eff. April 18, 2001. Renumbered from §

1301-110 of this title by Laws 2001, c. 113, § 56, emerg. eff. April

18, 2001. Amended by Laws 2012, c. 304, § 12.

§2-16-12. Application for and allocation of cost-share funds.

A. The State Department of Agriculture may require eligible

applicants to submit information, forms, and reports necessary to

properly and efficiently administer the forestry cost-share program.

B. Persons may apply to the Commissioner of the State

Department of Agriculture for cost-share funds to improve forest

lands in the State of Oklahoma, in accordance with rules promulgated

by the State Board of Agriculture. To be eligible, landowners shall

follow a written forest management plan that has been prepared by a

professional forester and approved by the Commissioner or that meets

standards established by the Commissioner. Applications for funds

shall be approved or denied by the Department in accordance with

criteria promulgated by the Board.

C. The Commissioner shall allocate monies from the Fund to

eligible landowners on a matching basis.

Added by Laws 1996, c. 19, § 3, eff. Nov. 1, 1996. Amended by Laws

2001, c. 113, § 14, emerg. eff. April 18, 2001. Renumbered from §

1301-111 of this title by Laws 2001, c. 113, § 56, emerg. eff. April

18, 2001.

§2-16-13.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-16-21. Organization of protection areas.

The Division shall organize forest protection areas to prevent,

detect, and suppress wildfires most effectively, and may employ

forest rangers to have charge of its activities in each area; may

subdivide each area into patrol areas; may construct lookout towers,

Oklahoma Statutes - Title 2. Agriculture

roads, bridges, control lines, office facilities, and communication

facilities; may purchase tools for firefighting as well as other

necessary supplies and equipment; and may carry on all activities

necessary to protect the area effectively from fires.

Added by Laws 1971, c. 349, § 201, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 16, emerg. eff. April 18, 2001.

Renumbered from § 1301-201 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001; Laws 2024, c. 198, § 4, eff. Nov. 1,

2024.

§2-16-22. Road crews to extinguish fires.

Every member of a road construction or maintenance crew, whether

employed by the State Highway Department or county commissioners of

any county, and every road contractor or subcontractor of the

Highway Department or county commissioners and their employees shall

keep all fires under control and confined to the right-of-way of any

state, county or public road, or highway on and adjacent to which

the crew, contractor, subcontractor, and employees are employed.

Added by Laws 1971, c. 349, § 202, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 17, emerg. eff. April 18, 2001.

Renumbered from § 1301-202 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-23. Adoption of rules for road crews.

The State Department of Highways and the county commissioners of

the several counties of this state shall require their construction

and maintenance crews, contractors, subcontractors, and employees to

comply with the provisions of the Oklahoma Forestry Code, and the

highway department or county commissioners may adopt and promulgate

rules for the observance of the crews, contractors, subcontractors,

and employees in carrying out the purposes and provisions of the

Oklahoma Forestry Code.

Added by Laws 1971, c. 349, § 203, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 18, emerg. eff. April 18, 2001.

Renumbered from § 1301-203 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-24. Refusal of road crews.

Any road foreman or member of a road construction or maintenance

crew, or any foreman, superintendent, or employee of any road

contractor or subcontractor, who shall, without sufficient cause,

willfully refuse or neglect to prevent and suppress fires as

provided in the Oklahoma Forestry Code shall be guilty of a

misdemeanor and upon conviction shall be punished by a fine of not

more than Five Hundred Dollars ($500.00), by imprisonment for not

more than one (1) year, or by both.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1971, c. 349, § 204, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 19, emerg. eff. April 18, 2001.

Renumbered from § 1301-204 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-24.1. Lawful burning.

A. It shall be lawful for an owner of croplands, rangelands,

grasslands, forestlands, or other wild lands to set the croplands,

rangelands, grasslands, forestlands, or other wild lands on fire for

the purposes of:

1. Managing and manipulating plant species present whether

grass, weeds, brush, or trees; and

2. Destroying detrimental or unwanted plants, plant parts,

shrubs or trees on the croplands, rangelands, grasslands,

forestlands, or other wild lands; and

3. Cedar tree eradication.

B. The provisions of this section shall not be construed to

exempt or release a person from civil liability for damages or

injury incurred as a result of the burn or for criminal liability as

imposed pursuant to the Oklahoma Forestry Code.

Added by Laws 2001, c. 208, § 3, emerg. eff. May 14, 2001. Amended

by Laws 2006, c. 268, § 1, eff. Nov. 1, 2006; Laws 2007, c. 195, §

4, emerg. eff. May 31, 2007.

§2-16-25. Unlawful burning.

A. It is unlawful for any person to carelessly or willfully

burn or cause to be burned or to set fire to or cause any fire to be

set to any forest, grass, crops, rangeland, or other wild lands not

owned by, duly authorized by the owner or manager, or in the lawful

possession of, the person setting the fire or burning the lands or

causing the fire to be burned.

B. Any person who carelessly violates this section is guilty of

a misdemeanor punishable by a fine of not more than Five Hundred

Dollars ($500.00), by imprisonment for not more than one (1) year,

or both. Any person who willfully violates this section is guilty

of a Class D1 felony offense punishable by a fine of not more than

Five Thousand Dollars ($5,000.00), by imprisonment as provided for

in subsections B through F of Section 20N of Title 21 of the

Oklahoma Statutes, or by both.

C. Any person who carelessly or willfully burns, causes to be

burned, sets fire, or causes fire to be set, any forest, grass,

croplands, or woodlands not owned by, duly authorized by the owner

or manager, or in lawful possession of, shall be liable in a civil

action to any person injured or damaged by a fire to the amount of

the injury or damages.

Added by Laws 1971, c. 349, § 205, emerg. eff. June 24, 1971.

Amended by Laws 1997, c. 133, § 98, eff. July 1, 1999; Laws 1999,

Oklahoma Statutes - Title 2. Agriculture

1st Ex.Sess., c. 5, § 34, eff. July 1, 1999; Laws 2001, c. 113, §

20, emerg. eff. April 18, 2001. Renumbered from § 1301-205 of this

title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.

Amended by Laws 2007, c. 195, § 5, emerg. eff. May 31, 2007; Laws

2025, c. 486, § 314, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 98 from July 1, 1998, to July 1, 1999.

§2-16-26. Emergency drought conditions - Extreme fire danger Burning prohibitions – Penalties - Fireworks.

A. 1. It is unlawful for any person to set fire to any forest,

grass, range, crop, or other wildlands, or to build a campfire or

bonfire, or to burn trash or other material that may cause a forest,

grass, range, crop or other wildlands fire in any county, counties

or area within a county where, because of emergency drought

conditions, there is gubernatorially proclaimed extraordinary danger

from fire, unless the setting of any backfire during the drought

emergency is necessary to afford protection as determined by a

representative of the Division of Forestry, or unless it can be

established that the setting of the backfire was necessary for the

purpose of saving life or property. The burden of proving the

necessity shall rest on the person claiming a defense.

2. The Division of Forestry shall advise the Governor when the

lands described in paragraph 1 of this subsection in any county,

counties or area within a county of this state because of emergency

drought conditions are in extraordinary danger from fire. The

Governor may by proclamation declare a drought emergency to exist

and describe the general boundaries of the area affected.

3. Any proclamation promulgated by the Governor under authority

of this subsection shall be effective immediately upon the

Governor's signed approval of the emergency proclamation and shall

supersede any resolution passed by a board of county commissioners

pursuant to subsection B of this section. Notice of the

proclamation shall occur through posting on the Oklahoma Department

of Agriculture, Food, and Forestry's website and informing local

news media. Evidence of publication or posting as herein provided

shall be maintained by the Forestry Division.

4. When conditions warrant, due notice of the termination of

the emergency shall be promptly made by proclamation, which shall be

published or posted in like manner as when officially declared.

5. Any person who violates this subsection is guilty of a

misdemeanor punishable by a fine of not more than One Thousand

Dollars ($1,000.00), by imprisonment for not more than one (1) year,

or both.

B. 1. It is unlawful for any person to set fire to any forest,

grass, range, crop or other wildlands, or to build a campfire or

bonfire, or to burn trash or other material that may cause a forest,

Oklahoma Statutes - Title 2. Agriculture

grass, range, crop or other wildlands fire in any county of this

state in which the board of county commissioners of the county has

passed a resolution declaring a period of extreme fire danger. As

used in this subsection, "extreme fire danger" means:

a.

all three of the following conditions are present:

(1) severe, extreme, or exceptional drought

conditions exist as determined by the National

Oceanic and Atmospheric Administration (NOAA)

pursuant to its criteria,

(2) no more than one-half (1/2) inch of precipitation

is forecast for the next three (3) days, and

(3) either of the following:

(a) fire occurrence is significantly greater

than normal for the season and/or initial

attack on a significant number of wildland

fires has been unsuccessful due to extreme

fire behavior, or

(b) where data is available, more than twenty

percent (20%) of the wildfires in the county

have been caused by escaped debris or

controlled burning, or

b.

temperatures for any day over the next three (3) days

are forecasted at or over one hundred (100) degrees

Fahrenheit.

2. A majority of the board of county commissioners may call an

emergency meeting at any time to pass or revoke a resolution

declaring a period of extreme fire danger in accordance with this

section.

3. A board of county commissioners shall have the documented

concurrence of a majority of the chiefs, or their designees, of the

municipal and certified rural fire departments located in the county

that a period of extreme fire danger exists prior to passage of a

resolution declaring a period of extreme fire danger in the county.

The resolution shall be effective for a period not to exceed

fourteen (14) days from the date of passage by the board of county

commissioners, unless the burn ban is removed earlier by the same

method by which it was approved. If extreme fire danger conditions

persist, subsequent resolutions may be passed by the board of county

commissioners in the same manner as provided in this paragraph. The

board of county commissioners, in the resolution, may grant

exceptions to the fire prohibition based on appropriate

precautionary measures.

4. Agricultural producers burning cropland, rangeland, forests

or pastures as a preferred method of managing their property shall

be exempt from any resolution passed by a board of county

commissioners that declares a period of extreme fire danger so long

Oklahoma Statutes - Title 2. Agriculture

as the agricultural producers have complied with the following

procedures:

a.

submit a written prescribed burn plan to the local

fire department and, if within a protection area, the

local office or local representative of the Forestry

Division of the Oklahoma Department of Agriculture,

Food, and Forestry nearest the land to be burned that

shall include the following information:

(1) the name and telephone number of the agricultural

producer conducting the burn,

(2) the address and legal description of the area to

be burned,

(3) the objective and purpose of the burn,

(4) a list of fire departments and sheriff's offices

that are required to be notified pursuant to

subparagraph c of this paragraph,

(5) a list of adjoining landowners required to be

notified pursuant to Section 16-28.2 of this

title,

(6) a description of any firebreaks used to define

the boundary of the prescribed burn,

(7) a statement of prescribed weather conditions,

(8) a description of any smoke-management

considerations, and

(9) an ignition plan for the burn,

b.

keep a copy of the written prescribed burn plan

provided for in subparagraph a of this paragraph on

site when conducting the prescribed burn,

c.

notify the county sheriff and the dispatch center of

the local fire department prior to conducting the

prescribed burn, and

d.

comply with the notification procedures outlined in

Section 16-28.2 of this title.

5. The prescribed burn plan provided for in paragraph 4 of this

subsection shall be deemed approved seventy-two (72) hours after

submission to the local fire department; provided, that the local

fire department may amend the submitted burn plan within seventy-two

(72) hours after submission.

6. The prescribed burn plan provided for in paragraph 4 of this

subsection shall not include campfires, household trash, debris or

pile burning.

7. Nothing in paragraph 4 of this subsection shall supersede

requirements set by a proclamation promulgated by the Governor under

authority of this section, interfere with the authority of the

Oklahoma Department of Agriculture, Food, and Forestry to enforce

burning laws or change the burner's liability as prescribed by law.

Oklahoma Statutes - Title 2. Agriculture

8. Any resolution passed by a board of county commissioners

under authority of this subsection shall be effective immediately

upon passage of the resolution. Notice of the resolution shall be

submitted to the Forestry Division of the Oklahoma Department of

Agriculture, Food, and Forestry, all local news media, local law

enforcement officials, and the state headquarters of the Department

of Public Safety, the Oklahoma Tourism and Recreation Department and

the Department of Wildlife Conservation on the day of passage of the

resolution. Evidence of publication or posting as provided in this

paragraph shall be maintained by the county.

9. The provisions of this subsection may be enforced by any law

enforcement officer of this state.

10. Any person convicted of violating the provisions of this

subsection shall be guilty of a misdemeanor and shall be subject to

a fine of not more than Five Hundred Dollars ($500.00), to

imprisonment for not more than one (1) year, or to both such fine

and imprisonment.

11. The selling of fireworks shall not be considered an act in

violation of this subsection.

12. All fire departments and appropriate county officials shall

be allowed to place "Burn Ban" signs on agreed-upon signposts

controlled by the Oklahoma Department of Transportation and Oklahoma

Turnpike Authority (OTA). Fire departments and appropriate county

officials shall work with the Oklahoma Department of Transportation

to agree upon locations for signage. The Oklahoma Department of

Transportation shall develop standards that fire departments and

appropriate county officials shall adhere to in placing signage. It

shall be the responsibility of the entity placing the sign to post

and remove signage in a timely manner. Signage shall not obstruct

the view of traffic. Signage costs shall be the responsibility of

the fire department or county wishing to install.

Added by Laws 1971, c. 349, § 206, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 21, emerg. eff. April 18, 2001.

Renumbered from § 1301-206 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001. Amended by Laws 2006, c. 209, § 2, eff.

Nov. 1, 2006; Laws 2007, c. 195, § 6, emerg. eff. May 31, 2007; Laws

2008, c. 316, § 1, emerg. eff. June 2, 2008; Laws 2010, c. 86, § 1,

emerg. eff. April 12, 2010; Laws 2013, c. 299, § 1, eff. Nov. 1,

2013; Laws 2015, c. 256, § 1, eff. Nov. 1, 2015; Laws 2016, c. 351,

§ 1, eff. Nov. 1, 2016; Laws 2019, c. 271, § 1, eff. Nov. 1, 2019;

Laws 2024, c. 217, § 1, eff. Nov. 1, 2024.

§2-16-27. Camp fires.

It is unlawful for any person to willfully, negligently, or

carelessly build a warming or camp fire and leave the fire

unextinguished or allow the fire to spread. Any person who violates

this section is guilty of a misdemeanor punishable by a fine of not

Oklahoma Statutes - Title 2. Agriculture

more than Five Hundred Dollars ($500.00), by imprisonment for not

more than one (1) year, or both.

Added by Laws 1971, c. 349, § 207, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 22, emerg. eff. April 18, 2001.

Renumbered from § 1301-207 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-28.

2007.

Repealed by Laws 2007, c. 195, § 10, emerg. eff. May 31,

§2-16-28.1. Procedures to lawfully burn land - Civil and criminal

liability.

A. It is unlawful for any person either willfully or carelessly

to burn, cause to be burned, to set fire to, or cause fire to be set

to any forest, grass, croplands, rangeland, or other wild lands, by

an owner of such property, except under the following circumstances:

1. In protection areas, notification to burn shall be made by

the owner to the local office or local representative of the

Forestry Division at least four (4) hours in advance and verbal or

written approval obtained. In addition to the notification

requirements of this paragraph, any owner conducting a limited

liability burn in a protected area shall comply with the provisions

of Section 16-28.2 of Title 2 of the Oklahoma Statutes; or

2. Outside protection areas, in order for prescribed or

controlled burning to be lawful, an owner shall take reasonable

precaution against the spreading of fire to other lands by providing

adequate firelines, manpower, and fire fighting equipment for the

control of the fire, shall watch over the fire until it is

extinguished and shall not permit fire to escape to adjoining land.

B. Nothing in this section shall relieve the person from the

obligation to confine the fire to the owner's, agent's, or tenant's

land.

C. The Oklahoma Forestry Code shall not apply to trimming or

cutting of trees by public or private utilities for the purpose of

eliminating interference with utility lines, poles, or other utility

equipment.

D. 1. Except as otherwise provided by Section 16-28.2 of this

title, any person:

a.

who, whether by accident, neglect or intent, causes or

allows damage or injury to occur to any ranch,

buildings, improvements, hay, grass, crops, fencings,

timber, marsh, or other property of another person by

any fire described and conducted pursuant to this

section, shall be civilly responsible for such damage

or injury so caused pursuant to Section 16-30 of Title

2 of the Oklahoma Statutes, and

Oklahoma Statutes - Title 2. Agriculture

b.

who carelessly violates this section is guilty of a

misdemeanor punishable by a fine of not more than Five

Hundred Dollars ($500.00), by imprisonment for not

more than one (1) year, or both.

2. In addition to civil liability, any person who willfully

violates this section is guilty of a Class D1 felony offense

punishable by a fine of not more than One Thousand Dollars

($1,000.00), by imprisonment as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes, or by

both.

E. Fire set under the provisions of this section shall not be

allowed to spread beyond the control of the person setting the fire

and shall be subdued and extinguished.

Added by Laws 2007, c. 195, § 7, emerg. eff. May 31, 2007. Amended

by Laws 2025, c. 486, § 315, eff. Jan. 1, 2026.

§2-16-28.2. Prescribed burns.

A. 1. The provisions of this section apply to a prescribed

burn.

2. Any owner wishing to set fire to land in order to conduct a

prescribed burn shall comply with the provisions of this section.

B. 1. Within sixty (60) days prior to conducting a prescribed

burn, the owner of the land to be burned shall orally or in writing

notify all landowners whose lands adjoin the owner's land to be

burned.

2. If any landowner is burning on a large, consolidated tract

of land in which there are multiple adjacent owners, only those

owners with adjoining land within one (1) mile of the proposed burn

area must be notified.

3. The owner shall include in the written notice or shall

orally notify the adjoining landowners of the proposed date and

location of the burn and a telephone number where the owner can be

reached for information regarding the prescribed burn.

C. In addition to notification of adjoining property owners

pursuant to subsection B of this section, the owner of the land to

be burned shall complete the prescribed burn notification plan

specified in subsection D of this section and shall submit such plan

to the rural fire department nearest the land to be burned. If the

land to be burned is in a protection area, the owner shall also

submit a copy of the notification plan to the local office or local

representative of the Forestry Division nearest to the land to be

burned.

D. Any person wishing to conduct a prescribed burn shall

complete a Prescribed Burn Notification Plan form, prescribed by the

Oklahoma Department of Agriculture, Food, and Forestry.

The original copy of the form shall be filed with the rural fire

department nearest to the land to be burned. If conducting a

Oklahoma Statutes - Title 2. Agriculture

prescribed burn within a protection area, a copy of the prescribed

burn notification plan shall be filed with the local office or local

representative of the Forestry Division nearest to the land to be

burned. A copy of the plan shall be retained by the owner of the

land to be burned.

E. 1. Whether the land is located within or outside a

protection area, the owner of the land to be burned shall, within

forty-eight (48) hours of conducting a prescribed burn, notify the

rural fire department receiving a copy of the prescribed burn

notification plan that the prescribed burn will be conducted.

2. Within a protection area, the owner of the land to be burned

shall also, within the time period required by Section 16-28.1 of

this title, notify the local office or local representative of the

Forestry Division receiving a copy of the prescribed burn

notification plan.

F. A prescribed burn conducted pursuant to provisions of this

section shall:

1. Be considered in the public interest and shall not

constitute a public or private nuisance; and

2. Be considered a property right of the property owner if

vegetative fuels are used.

G. 1. Any owner conducting a prescribed burn who is found by a

court of law to have caused damages or injury as a result of

accident or by ordinary negligence shall only be civilly liable for

actual damages resulting from the prescribed burn.

2. Any owner conducting a prescribed burn who is found by a

court of law to have committed gross negligence in conducting the

prescribed burn may be found to be both civilly liable for the

amount of damage done by the fire, and criminally liable pursuant to

paragraph 3 of this subsection.

3. Any owner setting or causing to be set on fire land as

authorized by this section, and as a result of gross negligence

permitting the fire to spread beyond the control of the owner or

beyond the bounds of the owner's land, shall be deemed guilty of a

misdemeanor, and upon conviction thereof, be fined a sum not more

than Five Hundred Dollars ($500.00), or imprisonment in the county

jail for a period not more than six (6) months.

Added by Laws 2001, c. 208, § 5, emerg. eff. May 14, 2001. Amended

by Laws 2003, c. 410, § 2; Laws 2007, c. 195, § 8, emerg. eff. May

31, 2007; Laws 2024, c. 198, § 5, eff. Nov. 1, 2024.

§2-16-28.3. Oklahoma Controlled Burn Indemnity Fund.

A. There is hereby created within the Oklahoma Conservation

Commission, the “Oklahoma Controlled Burn Indemnity Fund”.

B. The Oklahoma Conservation Commission shall administer the

Oklahoma Controlled Burn Indemnity Fund. The Indemnity Fund shall

be established for the benefit of landowners who perform controlled

Oklahoma Statutes - Title 2. Agriculture

burns. The Indemnity Fund shall compensate landowners for losses

incurred from a fire that spreads beyond the control of the burner,

except for losses covered by insurance.

C. In order to participate in the Indemnity Fund, the landowner

shall:

1. Work with the local conservation district office and the

Natural Resources Conservation Service of the United States

Department of Agriculture to develop a controlled burn plan based on

the United States Department of Agriculture Natural Resources

Conservation Service guidelines; and

2. At the time of filing the completed plan, provide payment of

One Hundred Dollars ($100.00) to the Conservation Commission.

D. The Conservation Commission shall have authority to invest

the assessments. All proceeds of the investment shall be placed in

the Indemnity Fund. Fifty Thousand Dollars ($50,000.00) from the

interest income for each year on the total proceeds in the Indemnity

Fund shall be paid to the Conservation Commission annually for the

development of controlled burn plans and for administration of the

Indemnity Fund. The balance of the accrued interest each year shall

remain a part of the Indemnity Fund.

E. When a loss is incurred, the landowner shall present a claim

to the Conservation Commission. To verify the claim, the landowner

shall present any evidence required by the Conservation Commission

including, but not limited to, evidence that the landowner strictly

adhered to the plan provided for in subsection C of this section.

All landowner claim payments shall be made by the Conservation

Commission from the Indemnity Fund as soon as practicable and not

later than one (1) year following the date of claim. The price per

acre of land shall be established on the day of the loss and shall

be for the full market value on that day.

F. If there is an insufficient amount of funds in the Indemnity

Fund to cover all claims for a certain year, payments shall be made

on a pro rata basis up to one hundred percent (100%) of the total

loss of each landowner. If payment is not received in the amount of

one hundred percent (100%) of total loss for a certain year, then

additional amounts shall be paid as funds become available in

succeeding years until repayment of one hundred percent (100%) of

total loss is attained. If, at any time, a landowner receives

payment totaling more than one hundred percent (100%) of total loss,

the excess payment shall be returned to the Indemnity Fund within

thirty (30) days. Upon final payment of a claim to a landowner from

the Indemnity Fund, the landowner shall subrogate the interest to

the Conservation Commission in a cause of action against any and all

parties, to the amount of loss that the producer was reimbursed by

the Indemnity Fund.

G. The landowner shall, within sixty (60) days of the date of

loss, present the claim to the Conservation Commission. Landowners

Oklahoma Statutes - Title 2. Agriculture

may submit a written request to the Conservation Commission for a

sixty-day extension of the filing period, if the landowner can show

that the landowner was not provided notification and reasonable time

to file a claim. If the claim of loss is not presented within the

time and in the manner required, the claim shall be forever barred

and the landowner shall forfeit all rights to remuneration or

payment.

H. If state funds are appropriated to the Indemnity Fund, the

Conservation Commission shall establish the rules and procedures

necessary to ensure that the General Revenue Fund shall be

reimbursed from the assessments in an amount equal to the total

appropriation made to the Indemnity Fund. The reimbursement shall

be made in a timely manner, provided the intents and purposes of

this section to compensate landowners for losses incurred shall not

be adversely affected.

I. The monies deposited in the Indemnity Fund shall at no time

become part of the general budget of any state board, commission, or

agency, except the Conservation Commission.

J. The Executive Director of the Conservation Commission shall

investigate all potential civil action claims against persons for

recovery of any losses paid by the Indemnity Fund.

K. No provision of this section shall preclude any landowner

from conducting a lawful burn without participating in the Oklahoma

Controlled Burn Indemnity Fund.

Added by Laws 2007, c. 175, § 1, eff. Nov. 1, 2007.

§2-16-29. Repealed by Laws 2001, c. 208, § 6, emerg. eff. May 14,

2001.

NOTE: Prior to repeal this section was amended by Laws 2001, c.

113, § 1, and renumbered from § 743 of this title by Laws 2001, c.

113, § 56, emerg. eff. April 18, 2001, to read as follows:

If any fire, set as provided in Section 16-28 of this title,

should by accident and without any fault or neglect of the person

setting the fire, get beyond the person’s control, the person shall be

liable as provided in Section 16-25 of this title for all damages done

by the fire, but not otherwise. If the fire should by negligence,

carelessness, or by intention be permitted to spread beyond the bounds

of the land mentioned in Section 16-28 of this title, then the person

setting the fire shall be liable both civilly and criminally as

provided in Section 16-25 of this title.

§2-16-30. Civil liability.

Any person violating any of the provisions of the Oklahoma

Forestry Code shall be liable for all damages caused by any

violation, damages shall be recoverable in any court of competent

jurisdiction.

Added by Laws 1971, c. 349, § 209, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 24, emerg. eff. April 18, 2001.

Oklahoma Statutes - Title 2. Agriculture

Renumbered from § 1301-209 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-31. Rewards.

The Forestry Division of the State Department of Agriculture may

offer and pay rewards for information leading to the arrest and

conviction of any person violating any of the provisions of the

Oklahoma Forestry Code.

Added by Laws 1971, c. 349, § 210, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 25, emerg. eff. April 18, 2001.

Renumbered from § 1301-210 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-32. Liability for costs of suppressing fires.

Whoever willfully or carelessly shall cause an unlawful forest,

grass, crops, or woods fire shall, in addition to all other

penalties provided by law, be liable for payment of all reasonable

costs and expenses incurred in suppressing the fire. The costs and

expenses shall be payable to the Forestry Division or other

governmental units, who shall, in the case of cooperating persons,

disburse the funds in proportionate share based on standard

suppression costs. When the costs and expenses are not paid within

ninety (90) days after written notice of demand, it shall be the

duty of the district attorney having jurisdiction to take proper

legal proceedings for collection. The liability for costs of

suppression shall exist whether there is criminal prosecution or not

and the liability shall extend to the person or persons causing,

directing, or permitting the activity as well as to the actual

violator.

Added by Laws 1971, c. 349, § 212, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 26, emerg. eff. April 18, 2001.

Renumbered from § 1301-212 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-33. Penalty for mutilating or destroying state forestry or

fire controlsigns and posters.

Whoever intentionally breaks down, mutilates, removes, or

destroys any fire control or forestry sign or poster of the Division

of Forestry erected in the administration of its lawful duties and

authorities shall be guilty of a misdemeanor and shall be subject to

imprisonment not exceeding three (3) months, by fine not exceeding

Two Hundred Dollars ($200.00), or by both.

Added by Laws 1971, c. 349, § 213, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 27, emerg. eff. April 18, 2001.

Renumbered from § 1301-213 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-16-34. Illegal possession of incendiary device.

A. Any person possessing any incendiary device as defined by

subsection B of this section with the intent to use the device for

the purpose of burning or setting fire to any forest, grass, crops,

or woodlands that the person possessing that device is not the owner

of nor in possession of lawfully, as under a lease, shall be guilty

of a Class D1 felony offense punishable by a fine of not more than

One Thousand Dollars ($1,000.00), as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes, or by

both.

B. The term “incendiary device” as used in this section

includes, but is not limited to, any “slow match” which is any

device contrived to accomplish the delayed ignition of a match or

matches or other flammable material by the use of a cigarette, rope,

or candle to which the match or matches are attached, or a

magnifying glass focused to intensify heat on flammable material and

cause a fire to start at a subsequent time, or any chemicals,

chemically treated paper or material, or other combustible material

arranged or designed to make possible its use as a delayed firing

device.

Added by Laws 1971, c. 349, § 214, emerg. eff. June 24, 1971.

Amended by Laws 1997, c. 133, § 100, eff. July 1, 1999; Laws 1999,

1st Ex.Sess., c. 5, § 36, eff. July 1, 1999; Laws 2001, c. 113, §

28, emerg. eff. April 18, 2001. Renumbered from § 1301-214 of this

title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.

Amended by Laws 2025, c. 486, § 316, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 100 from July 1, 1998, to July 1, 1999.

§2-16-35. Compact authorized - Form and provisions.

The Governor, on behalf of this state, is authorized to execute

a compact, in substantially the following form, with any one or more

of the states of Arkansas, Louisiana, Mississippi, and Texas, and

the Legislature signifies in advance its approval and ratification

of the compact:

SOUTH CENTRAL INTERSTATE FOREST

FIRE PROTECTION COMPACT

ARTICLE I.

The purpose of this compact is to promote effective prevention

and control of forest fires in the South Central region of the

United States by the development of integrated forest fire plans, by

the maintenance of adequate forest fire fighting services by the

member states, by providing for mutual aid in fighting forest fires

among the compacting states of the region and with states which are

party to other Regional Forest Fire Protection compacts or

agreements, and for more adequate forest development.

ARTICLE II.

Oklahoma Statutes - Title 2. Agriculture

This compact shall become operative immediately as to those

states ratifying it whenever any two or more of the states of

Arkansas, Louisiana, Mississippi, Oklahoma and Texas which are

contiguous have ratified it and Congress has given consent thereto.

Any state not mentioned in this article which is contiguous with any

member state may become a party to this compact, subject to approval

by the Legislature of each of the member states.

ARTICLE III.

In each state, the state forester or officer holding the

equivalent position who is responsible for forest fire control shall

act as compact administrator for that state and shall consult with

like officials of the other member states and shall implement

cooperation between such states in forest fire prevention and

control.

The compact administrators of the member states shall organize

to coordinate the services of the member states and provide

administrative integration in carrying out the purposes of this

compact.

There shall be established an advisory committee of legislators,

forestry commission representatives, and forestry or forest products

industries representatives which shall meet, from time to time, with

the compact administrators. Each member state shall name one member

of the Senate and one member of the House of Representatives, and

the Governor of each member state shall appoint one representative

who shall be the chairman of the state forestry commission or

comparable official and one representative who shall be associated

with forestry or forest products industries to comprise the

membership of the advisory committee. Action shall be taken by a

majority of the compacting states, and each state shall be entitled

to one vote.

The compact administrators shall formulate and, in accordance

with need, from time to time, revise a regional forest fire plan for

the member states.

It shall be the duty of each member state to formulate and put

in effect a forest fire plan for that state and take such measures

as may be necessary to integrate such forest fire plan with the

regional forest fire plan formulated by the compact administrators.

ARTICLE IV.

Whenever the state forest fire control agency of a member state

requests aid from the state forest fire control agency of any other

member state in combating, controlling or preventing forest fires,

it shall be the duty of the state forest fire control agency of that

state to render all possible aid to the requesting agency which is

consonant with the maintenance of protection at home.

ARTICLE V.

Whenever the forces of any member state are rendering outside

aid pursuant to the request of another member state under this

Oklahoma Statutes - Title 2. Agriculture

compact, the employees of such state shall, under the direction of

the officers of the state to which they are rendering aid, have the

same powers (except the power of arrest), duties, rights, privileges

and immunities as comparable employees of the state to which they

are rendering aid.

No member state or its officers or employees rendering outside

aid pursuant to this compact shall be liable on account of any act

or omission on the part of such forces while so engaged, or on

account of the maintenance or use of any equipment or supplies in

connection therewith: Provided, that nothing herein shall be

construed as relieving any person from liability for his own

negligent act or omission, or as imposing liability for such

negligent act or omission upon any state.

All liability, except as otherwise provided herein, that may

arise either under the laws of the requesting state or under the

laws of the aiding state or under the laws of a third state on

account of or in connection with a request for aid, shall be assumed

and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact

shall be reimbursed by the member state receiving such aid for any

loss or damage to, or expense incurred in the operation of any

equipment answering a request for aid, and for the cost of all

materials, transportation, wages, salaries, and maintenance of

employees and equipment incurred in connection with such request;

provided, that nothing herein contained shall prevent any assisting

member state from assuming such loss, damage, expense or other cost

or from loaning such equipment or from donating such service to the

receiving member state without charge or cost.

Each member state shall provide for the payment of compensation

and death benefits to injured employees and the representatives of

deceased employees in case employees sustain injuries or are killed

while rendering outside aid pursuant to this compact, in the same

manner and on the same terms as if the injury or death were

sustained within such state.

For the purposes of this compact the term "employee" shall

include any volunteer or auxiliary legally included within the

forest fire fighting forces of the aiding state under the laws

thereof.

The compact administrators shall formulate procedures for claims

and reimbursement under the provisions of this article, in

accordance with the laws of the member states.

ARTICLE VI.

Ratification of this compact shall not be construed to affect

any existing statute so as to authorize or permit curtailment or

diminution of the forest fire fighting forces, equipment, services

or facilities of any member state.

Oklahoma Statutes - Title 2. Agriculture

Nothing in this compact shall be construed to limit or restrict

the powers of any state ratifying the same to provide for the

prevention, control and extinguishment of forest fires, or to

prohibit the enactment or enforcement of state laws, rules or

regulations intended to aid in such prevention, control and

extinguishment in such state.

Nothing in this compact shall be construed to affect any

existing or future cooperative relationship or arrangement between

the United States Forest Service and a member state or states.

ARTICLE VII.

The compact administrators may request the United States Forest

Service to act as the primary research and coordinating agency of

the South Central Interstate Forest Fire Protection Compact in

cooperation with the appropriate agencies in each state, and the

United States Forest Service may accept the initial responsibility

in preparing and presenting to the compact administrators its

recommendations with respect to the regional fire plan.

Representatives of the United States Forest Service may attend

meetings of the compact administrators.

ARTICLE VIII.

The provisions of Articles IV and V of this compact which relate

to mutual aid in combating, controlling or preventing forest fires

shall be operative as between any state party to this compact and

any other state which is party to a regional forest fire protection

compact in another region; provided, that the legislature of such

other state shall have given its assent to such mutual aid

provisions of this compact.

ARTICLE IX.

This compact shall continue in force and remain binding on each

state ratifying it until the legislature or the Governor of such

state takes action to withdraw therefrom. Such action shall not be

effective until six (6) months after notice thereof has been sent by

the chief executive of the state desiring to withdraw to the chief

executives of all states then parties to the compact.

Added by Laws 1953, p. 570, § 1. Renumbered from § 354.1 of Title

74 by Laws 1971, c. 349, § 402, emerg. eff. June 24, 1971. Amended

by Laws 2001, c. 113, § 29, emerg. eff. April 18, 2001. Renumbered

from § 1301-215 of this title by Laws 2001, c. 113, § 56, emerg.

eff. April 18, 2001.

§2-16-36. When compact operative - Exchange of official documents.

When the Governor executes the compact on behalf of this state

and causes a verified copy of the compact to be filed with the

Secretary of State, and when the compact has been ratified by one or

more of the states named in Section 16-35 of this title, then the

compact shall become operative and effective as between this state

and any other state or states. The Governor is authorized and

Oklahoma Statutes - Title 2. Agriculture

directed to take action necessary to complete the exchange of

official documents between this state and any other state ratifying

the compact.

Added by Laws 1953, p. 572, § 2. Renumbered from § 354.2 of Title

74 by Laws 1971, c. 349, § 402, emerg. eff. June 24, 1971. Amended

by Laws 2001, c. 113, § 30, emerg. eff. April 18, 2001. Renumbered

from § 1301-216 of this title by Laws 2001, c. 113, § 56, emerg.

eff. April 18, 2001.

§2-16-37. Governor as Compact Administrator - Delegation of duties.

The Governor is designated as the official Compact Administrator

of the State of Oklahoma under the South Central Interstate Forest

Fire Protection Compact and shall exercise and perform for the State

of Oklahoma all the powers and duties imposed by the compact upon

the Compact Administrator. The Governor shall have authority to

delegate the exercise of the powers and duties to the Director of

Forestry, Division of Forestry, State Board of Agriculture. The

Director of Forestry shall be Assistant Compact Administrator and

shall act as the official representative of the State of Oklahoma

and the Compact Administrator pursuant to the delegation to the

Assistant Compact Administrator of the powers and duties. In

addition, the Assistant Compact Administrator shall perform other

duties as the Governor may designate that are necessary to enable

the State of Oklahoma to cooperate in accomplishing the objectives

of the compact.

Added by Laws 1953, p. 572, § 3. Renumbered from § 354.3 of Title

74 by Laws 1971, c. 349, § 402, emerg. eff. June 24, 1971. Amended

by Laws 2001, c. 113, § 31, emerg. eff. April 18, 2001. Renumbered

from § 1301-217 of this title by Laws 2001, c. 113, § 56, emerg.

eff. April 18, 2001.

§2-16-38. Advisory Committee.

The Oklahoma members of the Advisory Committee referred to in

Article III of the South Central Interstate Forest Fire Protection

Compact shall be selected as follows: One member shall be named from

the membership of the Senate of the State of Oklahoma by the

President Pro Tempore; One member shall be named from the membership

of the House of Representatives of the State of Oklahoma by the

Speaker of the House; Two members shall be appointed by the

Governor, provided, that one of the two members appointed by the

Governor shall be the President of the State Board of Agriculture,

and the other member appointed by the Governor shall be a person

associated with forestry or forest products industries.

Added by Laws 1953, p. 573, § 4. Renumbered from § 354.4 of Title

74 by Laws 1971, c. 349, § 402, emerg. eff. June 24, 1971. Amended

by Laws 2001, c. 113, § 32, emerg. eff. April 18, 2001. Renumbered

Oklahoma Statutes - Title 2. Agriculture

from § 1301-218 of this title by Laws 2001, c. 113, § 56, emerg.

eff. April 18, 2001.

§2-16-39. Compensation for injury or death.

Any employee of the State of Oklahoma who is injured or killed

while rendering aid outside the State of Oklahoma pursuant to the

provisions of the South Central Interstate Forest Fire Protection

Compact shall be entitled to compensation and death benefits, if

any, in the same manner and on the same terms as if the injury or

death were sustained within the State of Oklahoma.

Laws 1953, p. 573, § 5. Renumbered from Title 74, § 354.5 by Laws

1971, c. 349, § 402, emerg. eff. June 24, 1971. Renumbered from §

1301-219 of this title by Laws 2001, c. 113, § 56, emerg. eff. April

18, 2001.

§2-16-40. Actions for damages - Pleading and proof of title to

realty unnecessary – Railroads’ liability for damages by fire.

In any action instituted in any court to recover damages under

the provisions of the Oklahoma Forestry Code, it shall not be

necessary for any person, injured by any fire to allege in pleadings

or prove on trial title to the real property over which the fire has

spread, but it shall be sufficient in any action to allege and prove

that the person injured was in the occupancy or possession of any

ranch, buildings, improvements, hay, grass, crops, fencing, timber,

marsh, or other property, claiming the right to and occupying with

cattle any cattle range; it being the purpose and intention of this

code to protect the possession of any person whether the person has

title to the land claimed or occupied or not. Any railroad company

operating any line in this state shall be liable for all damages

sustained by fire originating from operating its road.

R.L.1910, § 114. Amended by Laws 2001, c. 113, § 2, emerg. eff.

April 18, 2001. Renumbered from § 748 of this title by Laws 2001,

c. 113, § 56, emerg. eff. April 18, 2001.

§2-16-51. Board may acquire land for forestry purposes.

The State Board of Agriculture for its Forestry Division on

behalf of the state may acquire land suitable for nurseries, seed

orchards, state forests, school forests, tower,

recreation and other sites by gift, donation, or purchase and may

enter into agreements with the federal government or other agency

for acquiring by gift or purchase the lands that are, in the

judgment of the Board, suitable and desirable for the above

purposes.

Added by Laws 1971, c. 349, § 301, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 33, emerg. eff. April 18, 2001.

Renumbered from § 1301-301 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-16-52. Restrictions upon acquisition of lands - Lease by

Commissioners of Land Office - Terms and conditions.

A. The State Board of Agriculture shall enter into no agreement

for the acquisition, lease, or purchase of any land or for any other

purpose whatsoever which shall pledge the credit of, or obligate in

any manner whatsoever, the state to pay any sum of money or other

thing of value for any purpose, and the Board shall not in any

manner or for any purpose pledge the credit of or obligate the state

to pay any sum of money. The Board may receive, hold the custody

of, and exercise control of any lands, and set aside into a

separate, distinct, and inviolable fund the proceeds which may be

derived from the sales of the products of any lands, to use in any

manner, or the sale of the lands save the twenty-five percent (25%)

of the proceeds of the sale to be paid into the state school fund.

The Board may use and apply the funds for the acquisition, use,

custody, management, development, or improvement of any lands vested

in or subject to the control of the Board. After full payment has

been made for the purchase of a state forest, to the federal

government or other grantor, then fifteen percent (15%) of the gross

receipts from a state forest shall be paid to the county or counties

in which it is located in proportion to the acreage located in each

county for use by the county or counties for school purposes; except

that payment of gross receipts shall only apply to the state forest

lands and not other lands listed in Section 16-51 of this title.

B. The Commissioners of the Land Office are authorized and

directed to make and enter into a lease for a period of ten (10)

years, with privilege of renewing at the end of each ten-year

period, with the State Department of Agriculture, Forestry Division,

the following described land and premises:

Lots One (1) and Two (2) and the East Half (E 1/2) of the

Northwest Quarter (NW 1/4) and the West Half (W 1/2) of the

Northeast Quarter (NE 1/4) of Section Seven (7), Township Six (6)

South, Range Twenty-five (25) East of the Indian Meridian,

containing two hundred forty (240) acres, more or less, situated in

McCurtain County, State of Oklahoma.

The lease shall contain the following provisions in addition to

any which may be agreed upon by the Commissioners of the Land Office

and the State Department of Agriculture, Forestry Division:

1. The lessee shall maintain on the property the administrative

headquarters for the Southeast Area of the Forestry Division;

2. The lessee shall maintain, repair, and preserve all

improvements located on the described lands;

3. The lessee shall maintain and carry out a forestry plan for

the entire two hundred forty-acre tract and do the necessary

planting and other forestry work to restore the timber growth to its

maximum productive value;

Oklahoma Statutes - Title 2. Agriculture

4. The lessee shall take all necessary and proper measures to

protect the area from fire and theft;

5. The lessee shall formulate and carry out a plan for

harvesting of the timber so that maximum financial return may be

realized for the state, and that the maximum value shall be realized

for demonstration purposes;

6. Unless changed by law, the annual rental payable annually of

five percent (5%) per year of the appraised value of the lands

without improvement shall be paid out of funds appropriated to the

lessee into the common school fund of this state.

Added by Laws 1971, c. 349, § 302, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 34, emerg. eff. April 18, 2001.

Renumbered from § 1301-302 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-53. Use of lands acquired.

All lands acquired by the State Board of Agriculture on behalf

of the state shall be in the custody of and subject to the

jurisdiction, management, and control of the Board and, for the

purposes and the utilization and development of the land, the Board

may use the proceeds of the sale of any products; the proceeds of

the sale of any lands, save the twenty-five percent (25%) of the

proceeds which shall be paid into the state school fund; and other

funds appropriated for use by the Board and, in the opinion of the

Board, available for any uses and purposes.

Added by Laws 1971, c. 349, § 303, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 35, emerg. eff. April 18, 2001.

Renumbered from § 1301-303 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-54. Disposition of lands.

The State Board of Agriculture may sell, exchange, lease, or

dispose of any lands under its jurisdiction by the provisions of the

Oklahoma Forestry Code when in its judgment it is advantageous to

the state. All sales, exchanges, leases, or dispositions of lands

shall be at least upon a thirty-day public notice, to be given by

the Board, and shall be by sealed competitive bids, and awarded to

the highest bidder.

Added by Laws 1971, c. 349, § 304, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 36, emerg. eff. April 18, 2001.

Renumbered from § 1301-304 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-55. Urban forestry duties - Shade and environmental

improvement.

The State Board of Agriculture is empowered to cooperate with

the United States Secretary of Agriculture and with communities,

Oklahoma Statutes - Title 2. Agriculture

towns, cities, and individuals in the planning, care, and management

of trees and forests for shade, ornamental, and recreational

purposes, and to improve air quality, reduce noise, and conserve

soil, water, and ecological balance. Forest management to meet

human needs for forest products is also authorized.

Added by Laws 1971, c. 349, § 305, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 37, emerg. eff. April 18, 2001.

Renumbered from § 1301-305 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-56. Scientific forest management on state lands, wilderness

excepted.

The purpose of the provisions of the Oklahoma Forestry Code

relating to forest management is to encourage the practice of

scientific forest management on all lands owned by the State of

Oklahoma according to standards that shall manage, protect, utilize,

and perpetuate suitable trees for their many benefits. The

provisions of the Oklahoma Forestry Code shall not be construed to

apply to state-owned land in wilderness areas.

Added by Laws 1971, c. 349, § 306, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 38, emerg. eff. April 18, 2001.

Renumbered from § 1301-306 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-57. Advice by director of forestry - Forest management for

all state agencies.

The Director shall have authority to advise the several

agencies, departments, institutions, bureaus, offices, and all other

administrative units of the State of Oklahoma, having state-owned

lands under their control, concerning forestry management practices

and programs that shall most effectively carry out the purposes of

the Oklahoma Forestry Code. The Director shall issue, or cause to

be issued, the most scientific forestry management practice and

shall distribute this information, assisted financially by the

administrative unit of state government having control over the

lands.

Added by Laws 1971, c. 349, § 307, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 39, emerg. eff. April 18, 2001.

Renumbered from § 1301-307 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-58. State land management guidelines.

To effectuate the purposes of the Oklahoma Forestry Code, the

Director of Forestry, or persons designated by the Director, shall

have authority, and it shall be the Director’s duty, to prescribe

rules necessary to insure the conservation and protection of

Oklahoma Statutes - Title 2. Agriculture

suitable trees on lands owned by the State of Oklahoma. The rules

shall include, but shall not be limited to, the following:

1. Require that a good growing stock of suitable trees shall be

established and maintained on the land at all times to bring the

land to full productivity;

2. Provide that suitable trees be managed for the most

profitable products or other benefits; and

3. Require adequate fire protection at all times.

Added by Laws 1971, c. 349, § 308, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 40, emerg. eff. April 18, 2001.

Renumbered from § 1301-308 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-59. Removal of pine timber or products from state lands.

No timber or other timber products shall be removed from any

lands owned by the State of Oklahoma, except for public utilities

and improvements, and no officer, employee, or any other person

employed by the State of Oklahoma shall authorize the removal,

except upon written approval of the Director of Forestry. In

carrying out the duties of this section, the Director is authorized

to delegate authority to persons qualified to act in the Director’s

behalf.

Any person violating this section shall be guilty of a Class D3

felony offense and upon conviction shall be punished, for the first

offense, by a fine not exceeding One Thousand Dollars ($1,000.00),

or by imprisonment as provided for in subsections B through F of

Section 20P of Title 21 of the Oklahoma Statutes, or by both. For

any subsequent offense, the person shall be punished by a fine not

exceeding Five Thousand Dollars ($5,000.00), or by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes, or both.

Added by Laws 1971, c. 349, § 309, emerg. eff. June 24, 1971.

Amended by Laws 1997, c. 133, § 101, eff. July 1, 1999; Laws 1999,

1st Ex.Sess., c. 5, § 37, eff. July 1, 1999; Laws 2001, c. 113, §

41, emerg. eff. April 18, 2001. Renumbered from § 1301-309 of this

title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.

Amended by Laws 2025, c. 486, § 634, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 101 from July 1, 1998, to July 1, 1999.

§2-16-60. Wrongful injuries to timber - Criminal penalties.

A. 1. Any person who intentionally, willfully, maliciously, or

unlawfully enters upon the lands of another to cut down, injure,

remove, or destroy any timber valued at more than Two Hundred

Dollars ($200.00), without the permission of the owner or the

owner’s representative shall be guilty, upon conviction, of a Class

D3 felony offense, punishable by the imposition of a fine of not

Oklahoma Statutes - Title 2. Agriculture

more than Ten Thousand Dollars ($10,000.00), by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes, or both.

2. Any person who intentionally, willfully, maliciously, or

unlawfully enters upon the lands of another to cut down, injure,

remove, or destroy any timber valued at Two Hundred Dollars

($200.00) or less, without the permission of the owner or the

owner’s representative shall be guilty, upon conviction, of a

misdemeanor, punishable by the imposition of a fine of not more than

One Thousand Dollars ($1,000.00) or imprisonment in the county jail

for not more than thirty (30) days.

3. The necessary trimming and removal of timber to permit the

construction, repair, maintenance, cleanup, and operations of

pipelines and utility lines and appurtenances of public utilities,

public service corporations, and to aid registered land surveyors

and professional engineers in the performance of their professional

services, and municipalities, and pipeline companies, or lawful

operators and product purchasers of oil and gas shall not be deemed

a willful and intentional cutting down, injuring, removing, or

destroying of timber.

4. The necessary trimming and removal of timber for boundary

line maintenance, for the construction, maintenance, and repair of

streets, roads, and highways or for the control and regulation of

traffic by the state and its political subdivisions or registered

land surveyors and professional engineers shall not be deemed a

willful and intentional cutting down, injuring, removing, or

destroying of timber.

B. In addition to the punishment prescribed in subsection A of

this section, the person is liable in damages pursuant to Section 72

of Title 23 of the Oklahoma Statutes for the damage or injury done

to the timber, the damages to be recovered in a civil action by the

owner of the property or the public officer having charge of the

property.

Added by Laws 1971, c. 349, § 310, emerg. eff. June 24, 1971.

Amended by Laws 1982, c. 152, § 1, operative Oct. 1, 1982; Laws

1983, c. 323, § 1, eff. Nov. 1, 1983; Laws 1995, c. 238, § 3, eff.

Nov. 1, 1995; Laws 1997, c. 133, § 102, eff. July 1, 1999; Laws

1999, 1st Ex.Sess., c. 5, § 38, eff. July 1, 1999; Laws 2001, c.

113, § 42, emerg. eff. April 18, 2001. Renumbered from § 1301-310

of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18,

2001. Amended by Laws 2025, c. 486, § 635, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 102 from July 1, 1998, to July 1, 1999.

§2-16-61. Notice to adjoining property owners of harvesting

operations.

Oklahoma Statutes - Title 2. Agriculture

A. 1. Any timber owner involved in a logging or timber

harvesting operation shall clearly mark any established property

lines which are within one hundred (100) feet of the area to be cut.

2. If there is no established property line, the timber owner

authorizing the logging or timber harvesting operation shall send by

certified mail, return receipt requested, written notice of the

logging or timber harvesting operation to the owner of record in the

office of the county assessor or records of the county treasurer of

any real property adjoining the cutting area at least ten (10) days

prior to the commencement of the operation.

3. If the timber owner is unable to ascertain the address of

the legal residence of the owner of record as recorded in the office

of the county assessor or records of the county treasurer of any

real property adjoining the cutting area, notice of the logging or

timber harvesting operation shall be given by publication. The

notice shall be published once in a newspaper of general circulation

in the county in which the operation is to occur specifying the

owner of the property and the legal description. The notice shall

be published at least ten (10) days prior to commencement of the

operation.

B. If the timber owner fails to clearly mark any established

property lines or fails to mail or publish any notice to the

abutting real property owners as required by this section and, as a

result of that failure, timber is harvested or other damage occurs

on any abutting real property without the consent of the owner, the

timber owner shall be liable in damages pursuant to Section 72 of

Title 23 of the Oklahoma Statutes to the owner of the abutting real

property.

C. The provisions of this section shall not relieve the owner

of the real property on which the timber is located from liability

pursuant to Section 72 of Title 23 of the Oklahoma Statutes for

failing to clearly mark or mismarking any property lines required by

this section.

Added by Laws 1995, c. 238, § 4, eff. Nov. 1, 1995. Amended by Laws

2001, c. 113, § 43, emerg. eff. April 18, 2001. Renumbered from §

1301-310.1 of this title by Laws 2001, c. 113, § 56, emerg. eff.

April 18, 2001.

§2-16-62. Failure to notify adjoining property owners of harvesting

operations - Criminal penalties.

A. Except as provided by this section, a timber owner who fails

to ensure that the requirements of subsection A of Section 16-61 of

this title have been fulfilled and who negligently authorizes or

directs a logging or timber harvesting operation upon the lands of

another, and cuts down, injures, removes, or destroys any timber

without the permission of the owner is guilty, upon conviction, of a

misdemeanor, punishable by the imposition of a fine of not more than

Oklahoma Statutes - Title 2. Agriculture

One Thousand Dollars ($1,000.00), by imprisonment in the county jail

for not more than thirty (30) days, or by both.

B. Except as provided by this section any person who

negligently enters upon the lands of another and cuts down, injures,

removes, or destroys any timber without the permission of the owner

is guilty, upon conviction, of a misdemeanor, punishable by the

imposition of a fine of not more than One Thousand Dollars

($1,000.00), by imprisonment in the county jail for not more than

thirty (30) days, or by both.

Added by Laws 1995, c. 238, § 5, eff. Nov. 1, 1995. Amended by Laws

2001, c. 113, § 44, emerg. eff. April 18, 2001. Renumbered from §

1301-310.2 of this title by Laws 2001, c. 113, § 56, emerg. eff.

April 18, 2001.

§2-16-63. Fraudulent sales of timber – Failure to pay full price Criminal penalties.

A. It shall be unlawful for any person willingly, knowingly, or

fraudulently to represent, make, issue, deliver, use or submit, or

to participate in representing, making, issuing, delivering, using,

or submitting any fictitious, false or fraudulent offer, agreement,

contract, or other instrument concerning:

1. The sale of timber or the right to cut or harvest or remove

timber from a site or from real property not owned or leased by that

person; or

2. The sale of timber or the right to cut or harvest or remove

timber that is not owned by that person.

B. It shall be unlawful for a timber owner to, knowingly or

with intent to defraud, fail to pay in a timely manner the

applicable owners the full price of all the purchased timber.

1. A timber owner acts with intent to defraud if the timber

owner disperses, uses, or diverts money with the intent to deprive

an owner of the purchase money.

2. Unless otherwise agreed to in writing, a timber owner is

presumed to have acted with intent to defraud if the timber owner

does not pay all applicable owners for the purchase price of the

timber not later than forty-five (45) calendar days after the date

the timber owner collects money for the timber.

C. Any person convicted of violating the provisions of this

section shall be guilty of:

1. A Class D3 felony offense if the timber to be sold or right

to cut or harvest the timber pursuant to subsection A of this

section is valued at more than Two Hundred Dollars ($200.00). Upon

conviction the person shall be subject to the imposition of a fine

of not more than Ten Thousand Dollars ($10,000.00), or by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or to both; or

Oklahoma Statutes - Title 2. Agriculture

2. A misdemeanor if the timber to be sold or right to cut or

harvest the timber pursuant to subsection A of this section is

valued at Two Hundred Dollars ($200.00) or less. Upon conviction

the person shall be subject to the imposition of a fine of not more

than One Thousand Dollars ($1,000.00), or by imprisonment in the

county jail not to exceed one (1) year, or to both.

Added by Laws 1995, c. 238, § 6, eff. Nov. 1, 1995. Amended by Laws

1997, c. 133, § 103, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c.

5, § 39, eff. July 1, 1999; Laws 2001, c. 113, § 45, emerg. eff.

April 18, 2001. Renumbered from § 1301-310.3 of this title by Laws

2001, c. 113, § 56, emerg. eff. April 18, 2001. Amended by Laws

2002, c. 173, § 13, emerg. eff. May 6, 2002; Laws 2025, c. 486, §

636, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 103 from July 1, 1998, to July 1, 1999.

§2-16-64. Documentation to be maintained by harvesters.

A. Except as provided by subsection B of this section, any

owner or operator of a logging or timber harvesting operation shall

maintain at all times during the operation, for inspection purposes

by law enforcement personnel, a written bill of sale, timber deed or

timber contract, recording memorandum, or written consent of the

timber owner for the timber being harvested.

B. The provisions of subsection A of this section shall not

apply to any owner or operator of a logging or timber harvesting

operation if a timber deed, written bill of sale or timber contract

or written consent, recording or memorandum is recorded in the

records of the county clerk of the county in which the timber is

harvested or to be harvested.

C. Any deed, written bill of sale, contract, or written consent

for logging or timber harvesting operation pursuant to this section

shall include:

1. A description of the timber to be removed;

2. The date of execution and expiration of the contract or

consent, bill of sale, or deed;

3. The name and address of the timber owner and the timber

purchaser; and

4. The legal description of the real property where the timber

is harvested.

D. Any written bill of sale, timber deed or timber contract,

recording memorandum, or written consent of the timber owner

required by subsection A of this section shall be preserved by the

owner or operator of a logging or timber harvesting operation for at

least a period of three (3) years.

Added by Laws 1995, c. 238, § 7, eff. Nov. 1, 1995. Amended by Laws

1996, c. 26, § 1, emerg. eff. April 3, 1996; Laws 2001, c. 113, §

Oklahoma Statutes - Title 2. Agriculture

46, emerg. eff. April 18, 2001. Renumbered from § 1301-310.4 of

this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.

§2-16-65. Evidence of ownership to be required by timber

purchasers.

A. 1. Except as provided by this section, it shall be the duty

of any sawmill owner or operator or other person purchasing timber

for resale, from a timber owner or owner or operator of a logging or

timber harvesting operation to obtain from the timber owner or owner

or operator of a logging or timber harvesting operation a bill of

sale for the same or other evidence of ownership which shall be

preserved by the purchaser for a period of three (3) years and shall

be available for inspection by law enforcement personnel.

2. The bill of sale shall include:

a.

the name and address of the seller and purchaser,

b.

a legal description of the land from which the timber

was harvested,

c.

a description of timber delivered,

d.

the date delivered,

e.

the printed name of the person delivering the timber,

and

f.

the date and signature of the person delivering the

timber with language declaring ownership of the timber

or naming the person to whom the person delivering the

timber is an agent.

B. In lieu of the bill of sale required by subsection A of this

section, the purchaser may provide for proof of timber ownership

through a written purchase contract which provides language

declaring ownership of timber delivered for purchase to the

purchaser by the timber owner. The declaration shall be signed by

the timber owner or by a designee pursuant to a written

authorization signed by the timber owner. The written authorization

shall be retained by the designee.

Added by Laws 1995, c. 238, § 8, eff. Nov. 1, 1995. Amended by Laws

1996, c. 26, § 2, emerg. eff. April 3, 1996; Laws 2001, c. 113, §

47, emerg. eff. April 18, 2001. Renumbered from § 1301-310.5 of

this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.

§2-16-66. Use of false identification or declaration of ownership Criminal penalties.

Any person selling timber who uses false or altered

identification or a false declaration of ownership, pursuant to the

provisions of Section 16-65 of this title, upon conviction, shall be

guilty of:

1. A Class D3 felony offense if the timber to be sold by use of

a false or altered identification or false declaration of ownership

is valued at more than Two Hundred Dollars ($200.00). Upon

Oklahoma Statutes - Title 2. Agriculture

conviction, a person shall be subject to the imposition of a fine of

not more than Ten Thousand Dollars ($10,000.00), or by imprisonment

as provided for in subsections B through F of Section 20P of Title

21 of the Oklahoma Statutes, or both; or

2. A misdemeanor if the timber to be sold by use of a false or

altered identification or false declaration of ownership is valued

at Two Hundred Dollars ($200.00) or less. Upon conviction, a person

shall be subject to the imposition of a fine of not more than One

Thousand Dollars ($1,000.00), imprisonment in the county jail not to

exceed one (1) year, or both.

Added by Laws 1995, c. 238, § 9, eff. Nov. 1, 1995. Amended by Laws

1997, c. 133, § 104, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c.

5, § 40, eff. July 1, 1999; Laws 2001, c. 113, § 48, emerg. eff.

April 18, 2001. Renumbered from § 1301-310.6 of this title by Laws

2001, c. 113, § 56, emerg. eff. April 18, 2001. Amended by Laws

2025, c. 486, § 637, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 104 from July 1, 1998, to July 1, 1999.

§2-16-67. Forestry in schools - Rangers and teachers to cooperate.

A. It shall be the duty of all forest rangers to distribute in

all of the public schools and high schools of the county in which

they are serving all the books, periodicals, and other literature

that may, from time to time, be sent out to the rangers by the state

and federal forestry agencies dealing with forest conservation,

development, protection, and management.

B. It shall be the duty of the various rangers under the

direction of the Director, and the duty of the teachers of the

various schools, both public schools and high schools, to post at

some conspicuous place in the various classrooms of the school

buildings the appropriate bulletins and posters as may be sent out

from the forestry agencies for that purpose; and the teachers and

rangers may prepare lectures or talks to be made to the pupils of

the various schools on the subject of forest fires, their origin and

their destructive effect on the plant life and tree life of the

forests of the state, the development and scientific management of

the forests of the state, and may be prepared to give practical

instruction to their pupils as often as they may find it possible to

do so.

Added by Laws 1971, c. 349, § 311, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 49, emerg. eff. April 18, 2001.

Renumbered from § 1301-311 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-68. Arbor Week.

The last full week in March of each year shall be known

throughout Oklahoma as Arbor Week.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1971, c. 349, § 312, emerg. eff. June 24, 1971.

Amended by Laws 1982, c. 40, § 1, emerg. eff. March 26, 1982.

Renumbered from § 1301-312 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-69. State tree - Redbud.

The redbud tree shall be adopted and the same be made the

official tree of this state.

Added by Laws 1971, c. 349, § 313, emerg. eff. June 24, 1971.

Renumbered from § 1301-313 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-70. Management to be for public interest.

All state forests, all programs in management, nursery

production, reforestation, urban forestry, educational activities,

and other forestry endeavors of the Forestry Division shall be

managed and administered by the State Board of Agriculture in the

interest of the public. If the public interests are not already

safeguarded and clearly defined by law or by rules adopted by the

state agencies authorized by law to administer the lands, or in the

papers formally transferring the projects to the Board for

administration, then, and in that event, the Board may promulgate

rules defining the purpose of the project.

Added by Laws 1971, c. 349, § 314, emerg. eff. June 24, 1971.

Amended by Laws 2001, c. 113, § 50, emerg. eff. April 18, 2001.

Renumbered from § 1301-314 of this title by Laws 2001, c. 113, § 56,

emerg. eff. April 18, 2001.

§2-16-71. Renumbered as § 10.1 of Title 76 by Laws 2004, c. 368, §

68, eff. Nov. 1, 2004.

§2-16-71.1. Oklahoma Limitation of Liability for Farming and

Ranching Land Act – Purpose – Definitions – Applicability of act to

land used for purposes other than farming and ranching.

A. Sections 16-71.1 through 16-71.7 of this title shall be

known and may be cited as the "Oklahoma Limitation of Liability for

Farming and Ranching Land Act".

B. The purpose of the Oklahoma Limitation of Liability for

Farming and Ranching Land Act is to encourage owners of farming and

ranching lands to make such land available for recreational purposes

by limiting their liability to persons entering or using the farm

and ranch land and to third persons who may be damaged by the acts

or omissions of persons entering upon or using these lands.

C. As used in the Oklahoma Limitation of Liability for Farming

and Ranching Land Act:

1. "Land" means land which is used for farming, ranching

activities and recreational purposes, as defined in this section,

Oklahoma Statutes - Title 2. Agriculture

including, but not limited to, roads, water, watercourses, private

ways, buildings, structures, and machinery or equipment when

attached to realty which is used primarily for farming or ranching

activities;

2. "Owner" means the possessor of a fee interest, a tenant,

lessee, occupant or person in control of the premises but shall not

include a tenant, lessee, occupant or person in control of the

premises who is engaging in any recreational purpose described in

paragraph 3 of this subsection; and

3. "Recreational purpose" includes any of the following, or any

combination thereof: hunting, fishing, wildlife and ecological

viewing or photography, recreational farming and ranching

activities, swimming, boating, camping, picnicking, hiking, pleasure

driving, jogging, cycling, other similar events and activities,

nature study, water skiing, winter sports, jet skiing, viewing or

enjoying historical, archaeological, scenic, or scientific sites and

aviation, including fly-ins at private airports.

D. The Oklahoma Limitation of Liability for Farming and

Ranching Land Act shall not apply to any land that is used for

purposes other than farming and ranching. Such land shall be

governed by Section 10.1 of Title 76 of the Oklahoma Statutes.

Added by Laws 1965, c. 384, § 1, emerg. eff. June 30, 1965. Amended

by Laws 2004, c. 368, § 26, eff. Nov. 1, 2004. Renumbered from § 10

of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004. Amended

by Laws 2013, c. 236, § 1, eff. Nov. 1, 2013; Laws 2018, c. 42, § 1

and Laws 2018, c. 198, § 1, eff. Nov. 1, 2018.

NOTE: Laws 2018, c. 42, § 1 and Laws 2018, c. 198, § 1 made

identical amendments to this section.

§2-16-71.2. Entry upon farm or ranch lands for recreational

purposes - Duty of owner.

Except as specifically recognized by or provided in Section 1671.5 of this title, an owner who provides the public with land for

recreational purposes which is used primarily for farming or

ranching activities owes no duty of care to keep the land safe for

entry or use by others for recreational purposes, or to give any

warning of a dangerous or hazardous condition, use, structure, or

activity on such land to persons entering or using the land for such

purposes.

Added by Laws 1965, c. 384, § 2, emerg. eff. June 30, 1965. Amended

by Laws 2004, c. 368, § 27, eff. Nov. 1, 2004. Renumbered from § 11

of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004. Amended

by Laws 2018, c. 42, § 2 and Laws 2018, c. 198, § 2, eff. Nov. 1,

2018.

NOTE: Laws 2018, c. 42, § 2 and Laws 2018, c. 198, § 2 made

identical amendments to this section.

Oklahoma Statutes - Title 2. Agriculture

§2-16-71.3. Entry upon or use of land for recreational purposes Liability of owner – Applicability of section to state or other

governmental unit.

A. Except as specifically recognized by or provided in Section

16-71.5 of this title, an owner of land which is used primarily for

farming or ranching activities, who either directly or indirectly

invites or permits, under the circumstance described in subsection B

of Section 16-71.1 of this title, any person to enter or use such

land for recreational purposes, does not:

1. Extend any assurance that the premises are safe for any

purpose;

2. Incur any duty of care toward a person who enters or uses

the land; or

3. Assume responsibility or incur liability for any injury to

person or property caused by an act or omission of such persons.

B. This section applies whether the person entering, or using

the land is an invitee, licensee, or otherwise.

C. This section does not affect the liability of an insurer or

insurance plan in an action under the Insurance Code, or an action

for bad faith conduct, breach of fiduciary duty, or negligent

failure to settle a claim.

D. This section shall not apply to the state or other

governmental unit.

Added by Laws 1965, c. 384, § 3, emerg. eff. June 30, 1965. Amended

by Laws 1967, c. 368, § 1, emerg. eff. May 22, 1967; Laws 2004, c.

368, § 28, eff. Nov. 1, 2004. Renumbered from § 12 of Title 76 by

Laws 2004, c. 368, § 67, eff. Nov. 1, 2004. Amended by Laws 2018,

c. 42, § 3 and Laws 2018, c. 198, § 3, eff. Nov. 1, 2018.

NOTE: Laws 2018, c. 42, § 3 and Laws 2018, c. 198, § 3 made

identical amendments to this section.

§2-16-71.4. Applicability of Sections 16-71.2 and 16-71.3 to duties

and liability of owner.

Unless otherwise agreed in writing, the provisions of Sections

16-71.2 and 16-71.3 of this title shall be deemed applicable to the

duties and liability of an owner of land which is used primarily for

farming or ranching activities, is on or adjoins land entered upon

the National Register of Historic Places and for which an easement

has been granted to the Oklahoma Historical Society, or is leased to

the state or any subdivision thereof for recreational purposes.

Added by Laws 1965, c. 384, § 4, emerg. eff. June 30, 1965. Amended

by Laws 1994, c. 38, § 1, emerg. eff. April 11, 1994; Laws 2004, c.

368, § 29, eff. Nov. 1, 2004. Renumbered from § 13 of Title 76 by

Laws 2004, c. 368, § 67, eff. Nov. 1, 2004. Amended by Laws 2018,

c. 42, § 4 and Laws 2018, c. 198, § 4, eff. Nov. 1, 2018.

NOTE: Laws 2018, c. 42, § 4 and Laws 2018, c. 198, § 4 made

identical amendments to this section.

Oklahoma Statutes - Title 2. Agriculture

§2-16-71.5. Liability not limited by act.

Nothing in the Oklahoma Limitation of Liability for Farming and

Ranching Land Act limits in any way any liability which otherwise

exists for want of ordinary care or for deliberate, willful, or

malicious injury or failure to guard or warn against a dangerous or

hazardous condition, use, structure, or activity.

Added by Laws 1965, c. 384, § 5, emerg. eff. June 30, 1965. Amended

by Laws 2004, c. 368, § 30, eff. Nov. 1, 2004. Renumbered from § 14

of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004. Amended

by Laws 2018, c. 42, § 5 and Laws 2018, c. 198, § 5, eff. Nov. 1,

2018.

NOTE: Laws 2018, c. 42, § 5 and Laws 2018, c. 198, § 5 made

identical amendments to this section.

§2-16-71.6. Duty of care or ground of liability not created –

Persons entering or using lands not relieved of duty of care –

Release or waiver binding.

A. Nothing in the Oklahoma Limitation of Liability for Farming

and Ranching Land Act shall be construed to:

1. Create a duty of care or ground of liability for injury to

persons or property; or

2. Relieve any person entering or using the land of another for

recreational purposes from any obligation which such person may have

in the absence of the Oklahoma Limitation of Liability for Farming

and Ranching Land Act to exercise care in the use of such land and

in the activities thereon, or from the legal consequences of failure

to employ such care.

B. 1. No person who has executed a written release of

liability or a waiver to sue may maintain an action against or

recover damages from a land owner in contravention of the release or

waiver for any personal injury or injury to property. The terms of

the executed release or waiver shall be binding upon the person

signing the document. The provisions of this subsection shall apply

regardless of the amount charged per acre for a recreational

activity.

2. A release or waiver executed pursuant to this subsection

shall not limit the liability of a land owner for willful or wanton

acts of negligence or gross negligence.

Added by Laws 1965, c. 384, § 6, emerg. eff. June 30, 1965. Amended

by Laws 2004, c. 368, § 31, eff. Nov. 1, 2004. Renumbered from § 15

of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.

§2-16-71.7. Agricultural land - Trespass - Duty owed.

A. An owner, lessee, or other occupant of agricultural land:

1. Does not owe a duty of care to a trespasser on the land; and

Oklahoma Statutes - Title 2. Agriculture

2. Is not liable for any injury to a trespasser, except for

willful or wanton acts of negligence or gross negligence by the

owner, lessee, or other occupant of the land.

B. Agricultural land is defined as any real property that is

used in production of plants, fruits, wood, or farm or ranch animals

to be sold off the premises.

Added by Laws 1991, c. 231, § 14, eff. Sept. 1, 1991. Amended by

Laws 2004, c. 368, § 32, eff. Nov. 1, 2004. Renumbered from § 15.1

of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.

§2-16-72. Expansion of statewide fire protection program - Support

and operation of fire departments and fire districts.

The Department of Agriculture is directed to expand the present

statewide fire protection program and is authorized to acquire

federal excess property for the support and operation of fire

departments and fire districts.

Added by Laws 1982, c. 347, § 8, emerg. eff. June 2, 1982. Amended

by Laws 2001, c. 113, § 52, emerg. eff. April 18, 2001. Renumbered

from § 1301-316 of this title by Laws 2001, c. 113, § 56, emerg.

eff. April 18, 2001.

§2-16-73.

2023.

Repealed by Laws 2023, c. 372, § 4, emerg. eff. June 9,

§2-16-74. Federal excess property - Fire services.

The Oklahoma Department of Agriculture is the designated agency

for the receipt and distribution of federal excess property for

volunteer, paid, or combined departments that provide fire services.

Added by Laws 2001, c. 113, § 54, emerg. eff. April 18, 2001.

§2-16-81. Volunteer Firefighter Employer Contribution Payment

Revolving Fund.

There is created in the State Treasury a revolving fund for the

Oklahoma Department of Agriculture to be designated the "Volunteer

Firefighter Employer Contribution Payment Revolving Fund". The

revolving fund shall be subject to legislative appropriation and

shall consist of all monies transferred to the fund and any other

monies designated for deposit to this revolving fund pursuant to

law.

Added by Laws 1998, c. 393, § 1, eff. Sept. 1, 1998. Amended by

Laws 2001, c. 113, § 55, emerg. eff. April 18, 2001. Renumbered

from § 1301-501 of this title by Laws 2001, c. 113, § 56, emerg.

eff. April 18, 2001.

§2-16-82. Transfer of payments to Oklahoma Firefighters Pension and

Retirement System.

Oklahoma Statutes - Title 2. Agriculture

A. The Oklahoma Firefighters Pension and Retirement System

shall determine the number of persons who are eligible members of

the Oklahoma Firefighters Pension and Retirement System pursuant to

the provisions of subsection D of Section 351 of Title 19 of the

Oklahoma Statutes.

B. For each person who has become a member as described by

subsection A of this section, the Oklahoma Firefighters Pension and

Retirement System shall provide invoice documentation to the State

Department of Agriculture. Upon adequate documentation of

membership in the Oklahoma Firefighters Pension and Retirement

System pursuant to the provisions of subsection D of Section 351 of

Title 19 of the Oklahoma Statutes, the State Department of

Agriculture shall make a transfer payment from the Volunteer

Firefighter Employer Contribution Payment Revolving Fund to the

Oklahoma Firefighters Pension and Retirement System by May 31, 1999,

and May 31 of every year thereafter. The amount transferred shall

equal the sum of Sixty Dollars ($60.00) multiplied by the number of

members as certified by the System to the Department.

Added by Laws 1998, c. 393, § 3, eff. Sept. 1, 1998. Amended by

Laws 1999, c. 231, § 4, emerg. eff. May 26, 1999. Renumbered from §

1301-502 of this title by Laws 2001, c. 113, § 56, emerg. eff. April

18, 2001.

§2-16-83. Rural Fire Equipment Grant Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Department of Agriculture, Food, and Forestry to be

designated the "Rural Fire Equipment Grant Revolving Fund". The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received by the

Oklahoma Department of Agriculture, Food, and Forestry and

designated for deposit thereto. All monies accruing to the credit

of said fund are hereby appropriated and may be budgeted and

expended by the Oklahoma Department of Agriculture, Food, and

Forestry for the purpose of purchasing and repairing equipment used

by rural fire departments for firefighting efforts. The Oklahoma

Department of Agriculture, Food, and Forestry shall work with the

Rural Fire Coordinators to establish suitable criteria for

application and approval of grants awarded to rural fire departments

from said fund. Priority of grants awarded from said fund shall be

given to rural fire departments which suffered damaged equipment

from wildfire suppression efforts related to drought-related fires

and fire control. The activities associated with the duties of said

fund shall be known as the "Rural Fire Equipment Grant Program".

Expenditures from said fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 2006, c. 17 § 3, emerg. eff. April 4, 2006.

by Laws 2012, c. 304, § 13.

NOTE: Codified pursuant to State of Oklahoma's request.

Amended

§2-17-1. Title of act.

This act shall be known and may be cited as the “Cooperative

Marketing Association Act”.

Added by Laws 1937, p. 260, § 1. Amended by Laws 2001, c. 38, § 1,

eff. Nov. 1, 2001. Renumbered from § 361 of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-2. Declaration of legislative intent.

The purpose of the Cooperative Marketing Association Act is to

promote, foster, and encourage the intelligent handling, processing,

and orderly marketing of agricultural products and the organization

and incorporation of cooperative marketing associations of

agricultural producers. It is the declared policy of this state

that the Cooperative Marketing Association Act be liberally

construed.

Added by Laws 1937, p. 260, § 2. Amended by Laws 2001, c. 38, § 2,

eff. Nov. 1, 2001. Renumbered from § 361a of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-3. Definitions.

A. As used in the Cooperative Marketing Association Act:

1. “Agricultural products" includes horticultural,

viticultural, nut, dairy, livestock, poultry, bee, and any other

farm products;

2. “Member" means, in addition to those admitted to membership

in an association without capital stock, holders of common stock in

associations organized with capital stock;

3. “Association" means any corporation organized pursuant to

the Cooperative Marketing Association Act or any similar corporation

organized under any general or special act of this or any other

state as a cooperative association, for the mutual benefit of its

members, as agricultural producers, in which the return on the stock

or membership capital is limited to an amount not to exceed eight

percent (8%) per annum, and which during any fiscal year does not

deal with nonmembers' products to an amount greater in value than

members' products; and

4. “Person" includes individuals, partnerships, firms,

corporations, associations, trusts, estates, limited liability

companies and any other legal entities recognized to do business in

Oklahoma.

B. Associations organized pursuant to the Cooperative Marketing

Association Act shall be deemed nonprofit, inasmuch as they are not

Oklahoma Statutes - Title 2. Agriculture

organized to make profit for themselves, nor for their members, but

only for their members as producers or users of products purchased.

Added by Laws 1937, p. 261, § 3. Amended by Laws 2001, c. 38, § 3,

eff. Nov. 1, 2001. Renumbered from § 361b of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-4. Persons who may organize associations.

Five or more natural persons of full age, engaged in the

production of agricultural products either as tenants or landlords,

who are residents of this state or any other, or two or more

cooperative associations, organized under the laws of this state or

any other, may form a nonprofit cooperative association with or

without capital stock, pursuant to the provisions of the Cooperative

Marketing Association Act.

Added by Laws 1937, p. 261, § 4. Amended by Laws 2001, c. 38, § 4,

eff. Nov. 1, 2001. Renumbered from § 361c of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-5. Purposes and objects for which associations may be

organized.

An association may be organized pursuant to the Cooperative

Marketing Association Act to engage in any activity in connection

with:

1. The marketing or selling of agricultural products;

2. The harvesting, preserving, drying, processing, blending,

canning, packing, grading, storing, warehousing, handling, shipping,

or utilizing of agricultural products;

3. The manufacturing, marketing, selling or supplying of the

byproducts thereof;

4. The manufacturing, selling, or supplying of machinery,

equipment, feed, fertilizer, seeds, or buying and selling oil,

gasoline, or other supplies;

5. The financing of any of the enumerated activities specified

by this section;

6. The performing or furnishing business or educational

services on a cooperative basis for those engaged in agriculture as

bona fide producers of agricultural products; or

7. Any one or more of the activities specified in this section.

Added by Laws 1937, p. 261, § 5. Amended by Laws 2001, c. 38, § 5,

eff. Nov. 1, 2001. Renumbered from § 361d of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-6. General powers.

Each association incorporated pursuant to the Cooperative

Marketing Association Act shall have the power to:

1. Act as an agency for or subsidiary of or to assist

cooperative associations formed pursuant to the Cooperative

Oklahoma Statutes - Title 2. Agriculture

Marketing Association Act or similar acts in any of the activities

authorized in Section 17-5 of this title and to act as a holding

corporation of the properties of the associations;

2. Make all necessary and proper contracts and agreements with

any other association formed in this or any other state, or in

connection with any other association in this or any other state, or

unite in employing and using, or separately to employ and use the

same methods, means, and agencies which may be used by another

association for carrying on and conducting the respective businesses

of the associations;

3. Act as the agent or representative of any member or members

in any lawful activity;

4. Make loans or advances to members or producer patrons or to

the members of an association which is itself a member;

5. Accept any kind, form, or type of obligation or security,

therefore to purchase, endorse, discount, or sell any note, draft,

bill of exchange, debenture, bill of sale, mortgage, or other

obligations acquired by it, the proceeds of which have been advanced

or used in the first instance for any of the purposes provided for

in the Cooperative Marketing Association Act; discount for or

purchase from any association, organized under the laws of any state

with or without its endorsement, any note, draft, bill of exchange,

debenture, bill of sale, mortgage, or other obligation the proceeds

of which are advanced or used in the first instance for carrying on

any cooperative activity authorized pursuant to the Cooperative

Marketing Association Act and to dispose of same with or without

endorsement. An association organized pursuant to the Cooperative

Marketing Association Act and exercising any of the powers provided

in this paragraph shall not engage in the business of banking;

6. Establish and accumulate reserves including a permanent

surplus fund as an addition to capital; invest the reserves either

directly or by means of subsidiary or affiliated associations or

other corporations in real estate or other property for carrying out

the purpose of the association, provided no real property

investments shall be made except for the purpose of leasing or

acquiring title to real property necessary for use in the conduct of

the primary business of the association, or the reserves may be

deposited or invested in securities as the bylaws may provide;

7. Purchase or acquire, hold, own, and exercise all rights of

ownership in, and to sell, transfer, pledge or guarantee the payment

of dividends or interest on, or the retirement or redemption of,

shares of capital stock, bonds, or other obligations of any

corporation or association, engaged in any directly or indirectly

related activity, or in the production, warehousing, handling, or

marketing of any of the products handled by the association;

8. Buy, hold, and exercise all privileges of ownership over

real or personal property, as may be necessary or convenient for the

Oklahoma Statutes - Title 2. Agriculture

conduct and operation of any of the business of the association, or

incidental thereto;

9. Borrow money from any source without limitation as to amount

of corporate indebtedness or liability, with authority to give any

form of obligation or security therefor;

10. Establish and secure, own and develop patents, trademarks,

and copyrights;

11. Deal in products, handle machinery, equipment, or supplies,

or perform services for or on behalf of nonmembers to an amount not

greater in value during any fiscal year than are dealt in, handled,

or performed by it for, or on behalf of its members during the same

period;

12. Do each and everything necessary, suitable, or proper for

the accomplishment of any one of the purposes, or the attainment of

any one or more of the subjects enumerated and authorized by the

Cooperative Marketing Association Act, or conducive to or expedient

for the interest or benefit of the association, and to contract

accordingly; and

13. Exercise and possess all powers, rights, and privileges

necessary or incidental to the purposes for which the association is

organized, or the activities in which it is engaged; and any other

rights, powers, and privileges granted by the laws of this state to

ordinary business corporations, except as are inconsistent with the

express provisions of the Cooperative Marketing Association Act.

Added by Laws 1937, p. 261, § 6. Amended by Laws 2001, c. 38, § 6,

eff. Nov. 1, 2001. Renumbered from § 361e of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-7. Articles of Incorporation - Contents - Execution,

acknowledgment and filing - Evidence.

A. The incorporators of an association to be formed pursuant to

the Cooperative Marketing Association Act must prepare and file

Articles of Incorporation setting forth:

1. The name of the association which may or may not include the

word "cooperative";

2. Its purposes;

3. Its duration;

4. Its principal place of business in the state;

5. The name and post office address of each of the

incorporators;

6. The names and addresses of those who are to serve as

incorporating directors for the first term, or until the election

and qualifications of their successors;

7. If organized without capital stock, whether the property

rights and interests of each member are to be equal or unequal. If

unequal, the Articles of Incorporation shall include the general

rule applicable to all members by which the property rights and

Oklahoma Statutes - Title 2. Agriculture

interests respectively of each member shall be determined and

provision for the admission of new members who shall share in the

property of the association in accordance with the general rule; and

8. If organized with capital stock, the amount of the stock and

the number of shares into which the capital stock is to be divided;

whether all or part of the capital stock shall have par value, and

if so, the par value thereof. If there is to be more than one class

of stock created, the Articles of Incorporation shall include a

description of the different classes, the number of shares in each

class, the relative rights, interests, and preferences each class

shall represent, and the dividends, which may be cumulative, not

exceeding eight percent (8%) per annum, to which each share shall be

entitled.

B. The Articles of Incorporation may contain any provision

consistent with law with respect to management, regulation,

government, financing, indebtedness, membership, the establishment

of voting districts, and the election of delegates for

representative purposes, the issuance, retirement and transfer of

its stock, if formed with capital stock, or any provision relative

to the way or manner in which it shall operate with respect to its

members, officers, or directors, and any other provisions relating

to its affairs.

C. The Articles of Incorporation must be subscribed by the

incorporators and acknowledged by one of them before an officer

authorized by the law of this state to take and certify

acknowledgments of deeds and conveyances and shall be filed with the

Oklahoma Secretary of State. When filed, the Articles of

Incorporation, or certified copies of the Articles of Incorporation,

shall be received in all courts of this state as prima facie

evidence of the facts contained therein and of the due incorporation

of the association.

Added by Laws 1937, p. 262, § 7. Amended by Laws 2001, c. 38, § 7,

eff. Nov. 1, 2001. Renumbered from § 361f of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-8. Filing of Articles of Incorporation or amendments - Fees.

The Articles of Incorporation shall be filed in triplicate with

the Secretary of State. For filing the Articles of Incorporation,

an association shall pay to the Secretary of State a fee of Twentyfive Dollars ($25.00), and for filing an amendment to the Articles,

a fee of Fifteen Dollars ($15.00).

Added by Laws 1937, p. 263, § 8. Amended by Laws 1984, c. 229, § 4,

operative July 1, 1984; Laws 2001, c. 38, § 8, eff. Nov. 1, 2001.

Renumbered from § 361g of this title by Laws 2001, c. 38, § 26, eff.

Nov. 1, 2001.

§2-17-9.

Amendment of Articles of Incorporation - Filing.

Oklahoma Statutes - Title 2. Agriculture

A. The Articles of Incorporation may be amended at any regular

meeting or any special meeting called for that purpose. An

amendment must first be approved by two-thirds (2/3) of the

directors, and then adopted by a two-thirds (2/3) vote of all

members present at the meeting.

B. Amendments to the Articles of Incorporation when adopted

shall be filed in the same manner as provided for the filing of the

original Articles.

Added by Laws 1937, p. 263, § 9. Amended by Laws 2001, c. 38, § 9,

eff. Nov. 1, 2001. Renumbered from § 361h of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-10. Bylaws - Adoption - Amendment of bylaws - Subjects which

may be regulated.

A. Each association incorporated pursuant to the Cooperative

Marketing Association Act shall adopt bylaws consistent with the

Cooperative Marketing Association Act within thirty (30) days after

its incorporation. A majority of the members voting on the bylaws

is necessary to adopt the bylaws. Each shareholder or member shall

be entitled to one vote, and no more, irrespective of the number of

shares owned or patronage.

B. The bylaws shall provide for their amendment by the members

and the method by which amendments may be adopted. The bylaws may

include, but are not limited to:

1. The time, place, and manner of calling and conducting its

meetings, which meetings, and the meetings of its directors, may be

held either in or outside the state;

2. The number of members constituting a quorum;

3. The right of members to vote in person, by proxy, or by mail

at general or special meetings; and the conditions, manner, form,

and effects of these votes;

4. The number of directors constituting a quorum;

5. The number, qualifications, compensation, duties, and term

of office of directors and officers; the time of their election and

the mode and manner of giving notice thereof;

6. Penalties for violations of bylaws;

7. The amount of entrance, organization, and membership fees,

if any; the manner and method of collection of the fees, and the

purposes for which the fees may be used;

8. The amount which each member shall be required to pay

annually or from time to time, if at all, to carry on the business

of the association; the charge, if any, to be paid by each member

for services rendered by the association to such member and the time

of payment and the manner of collection; and marketing contract

between the association and its members which every member may be

required to sign; and

Oklahoma Statutes - Title 2. Agriculture

9. The number, qualification, and voting rights of members of

the association and the conditions precedent to membership; the

method, time, and manner of permitting members to withdraw or to

transfer their stock; the manner of assignment and transfer of the

interest of members; the mode, manner, and effect of the expulsion

of a member; the manner of determining the value of a member's

interest and provision for its purchase by the association upon the

death or withdrawal of a member or upon the expulsion of a member or

forfeiture of membership.

Added by Laws 1937, p. 264, § 10. Amended by Laws 2001, c. 38, §

10, eff. Nov. 1, 2001. Renumbered from § 361i of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-11. Membership in associations - Termination and transfer of

memberships - Liability for debts.

A. Under the terms and conditions prescribed in the bylaws

adopted by it, an association may admit as members, or issue common

stock to only cooperative associations and/or persons engaged in the

production of agricultural products to be handled by or through the

association, including the lessees and tenants of land used for the

production of agricultural products and any lessors and landlords

who receive as rent all or part of the crop raised on the leased

premises.

B. An association organized pursuant to the Cooperative

Marketing Association Act may become a member or stockholder of any

other cooperative association organized in this or any other state.

C. A member shall lose membership and voting rights if the

member ceases to belong to the class of persons eligible for

membership pursuant to this section, however, such member shall

remain subject to any liability already incurred by such member as a

member of the association. Upon the death of a member and the

deceased member’s estate ceasing to belong to the class of persons

eligible for membership pursuant to this section, the deceased

member’s estate shall be entitled to receive from the association,

within three (3) years after the latter of the member’s death or the

member ceasing to be a member, the value of the membership interest

in the association subject to the conclusive appraisal by the board

of directors. If the association approves the member's designation

of a transferee of the membership interest, the association shall be

under no obligation to pay the transferor the value of the interest.

D. Except for debts lawfully contracted between a member and

the association, no member shall be liable for the debts of the

association to any amount exceeding the sum remaining unpaid on the

subscription to membership of the member.

Added by Laws 1937, p. 264, § 11. Amended by Laws 2001, c. 38, §

11, eff. Nov. 1, 2001. Renumbered from § 361j of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-17-12. Certificates of membership or stock certificates Transfer - Preferred stock.

A. When a member of an association has paid the membership fee

or stock subscription in full, the association shall issue a

certificate of membership or a stock certificate to the member. The

association may establish a policy of maintaining physical

possession of the original certificates.

B. No association shall issue membership certificates or stock

until they have been fully paid for, but an association in its

bylaws may admit a member and allow the member to vote and hold

office as soon as twenty percent (20%) of the membership fee or

stock certificate has been paid.

C. Ownership of common stock, certificates of indebtedness, or

membership certificates may be transferred by a member only to other

associations or to persons engaged in the production of agricultural

products, and who are eligible to hold same. The transfer must be

approved by the board of directors before it is binding on the

association.

D. 1. An association may issue and sell preferred stock to

members or nonmembers. Preferred stock may be redeemable or

retirable by the association on terms and conditions as may be

provided by the bylaws and printed on the stock certificate.

Preferred stockholders shall not be entitled to vote.

2. Whenever an association organized pursuant to the

Cooperative Marketing Association Act with preferred stock shall

purchase the stock or any interest in any property of any person it

may discharge the obligation so incurred wholly or in part by

exchanging for the acquired interest shares of its preferred stock

to an amount which would equal the fair market value of the stock or

interest so purchased as determined by the board of directors.

Added by Laws 1937, p. 265, § 12. Amended by Laws 2001, c. 38, §

12, eff. Nov. 1, 2001. Renumbered from § 361k of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-13. Financial statements – Dividends and earnings – Interest

on membership capital or stock – Surplus or reserve fund –

Undistributed balances.

A. At the time of each dividend apportionment of earnings and

at least once in every year, the directors shall cause to be

prepared a financial statement showing:

1. The financial condition of the corporation at the end of the

period to which such dividend or apportionment relates, in a form as

shall fully exhibit the assets and liabilities of the corporation;

and

2. Its earnings, purchases and sales, expenses and outlays, for

the period covered by the dividend or apportionment, in the manner

Oklahoma Statutes - Title 2. Agriculture

that a good understanding of the condition of the corporation may be

obtained from the financial statement.

The directors shall cause the financial statement to be kept on file

with the secretary, or such other officer as the directors may

designate. The financial statement may be examined by any member of

the corporation at all reasonable times.

B. The directors, subject to the revision by the members or

stockholders, at any general or special meeting lawfully called

shall apportion the net earnings from time to time at least once in

each year.

C. An association shall limit the interest it pays on

membership capital or stock to an amount not greater than eight

percent (8%) per annum. The apportionment shall not be made until

not less than ten percent (10%) of any undistributed balance

accruing since the last apportionment, has been set aside in a

surplus or reserve fund unless such surplus or reserve funds equal

at least one hundred percent (100%) of the paid up membership fees

or capital stock.

D. 1. Undistributed balances from any source, in excess of

additions to reserves and surplus, shall be distributed on the basis

of patronage, that is according to the amount or value, as the

association may decide, of the products sold to or through, and/or

purchased from or through, the association by its patrons.

2. The distribution of the balances may be restricted to

members or be made at the same rate for members and nonmembers.

3. The bylaws may provide that any distribution to a nonmember,

eligible for membership may be credited to a nonmember until the

amount equals the value of a membership certificate or a share of

the association's common stock.

4. A distribution credited to the account of a nonmember shall

revert to the reserve fund to be used for educational purposes if,

after two (2) years, the amount is less than the value of a

membership certificate or a share of common stock, or in case the

person does not accept and exercise membership privileges.

Added by Laws 1937, p. 265, § 13. Amended by Laws 2001, c. 38, §

13, eff. Nov. 1, 2001. Renumbered from § 361 l of this title by

Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-14. Regular meetings - Special meetings - Notice.

A. 1. One or more regular meetings shall be held annually in

such places as the bylaws may stipulate.

2. The board of directors may call a special meeting at any

time.

3. If ten percent (10%) of the members file a petition stating

the specific business to be brought before the association and

demand a special meeting at any time, a meeting must be called by

the directors.

Oklahoma Statutes - Title 2. Agriculture

B. Notice of all meetings, together with a statement of the

purposes, shall be mailed to each member at least ten (10) days

prior to the meeting. If provided by the bylaws, all notices may be

given by publication in a newspaper, or other periodical of general

circulation among the members.

Added by Laws 1937, p. 266, § 14.

Amended by Laws 2001, c. 38, §

14, eff. Nov. 1, 2001. Renumbered from § 361m of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-15. Board of directors.

A. The association shall be managed by a board of not less than

five or more than twenty-one directors elected by the members of the

association. The directors shall be qualified as may be provided

for in the Articles of Incorporation or bylaws.

B. All of the directors shall be members of the association or

officers, directors, or members of member associations.

Added by Laws 1937, p. 266, § 15. Amended by Laws 2001, c. 38, §

15, eff. Nov. 1, 2001. Renumbered from § 361n of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-16. Officers.

A. The officers of each association established pursuant to the

Cooperative Marketing Association Act shall be a president, one or

more vice-presidents, a secretary and a treasurer and other officers

as may be authorized in the bylaws.

B. The president and at least one of the vice-presidents must

be directors of the association, unless the bylaws of the

association provide to the contrary.

C. The office of secretary and treasurer may be combined.

D. Officers shall be elected by the directors in the manner and

for terms as provided by the bylaws.

Added by Laws 1937, p. 266, § 16. Amended by Laws 1986, c. 36, § 1,

emerg. eff. March 24, 1986; Laws 2001, c. 38, § 16, eff. Nov. 1,

2001. Renumbered from § 361o of this title by Laws 2001, c. 38, §

26, eff. Nov. 1, 2001.

§2-17-17. Contracts as condition of membership - Title to products

- Withdrawal of members - Filing of contracts - Fees - Termination

certificate.

A. 1. Members may be required to execute contracts as a

condition of admission to the association, whereby the members agree

to:

a.

patronize the facilities created by the association,

b.

sell all or a specified part of their products to or

through, or

Oklahoma Statutes - Title 2. Agriculture

c.

buy all or a specified part of their supplies from or

through, the association or any facilities created by

it.

2. If the members in the association contract a sale to or

through the association the fact that for certain purposes the

relation between the association and its members may be one of

agency shall not prevent the passage from the member to the

association of absolute and exclusive title to the products which

are the subject matter of the contract. The title shall pass to the

association upon delivery of the product or at any other specified

time which may be expressly and distinctly agreed upon in the

contract, subject to previously existing liens.

3. In the case of contracts with members who are natural

persons, if the period of the contract exceeds three (3) years, the

contracts executed thereunder shall specify a reasonable period in

each year during which the member by giving to the association

reasonable notice as may be prescribed in the contract may withdraw

and be released from the obligations under the contract, subject to

liability already incurred by the member as a member of the

association.

4. In the absence of a provision for notice or withdrawal in

the contract a member who is a natural person may withdraw at any

time after three (3) years subject to liabilities already incurred.

B. 1. The association may cause the original of a contract or

an authenticated copy of the contract to be filed in the office of

the county clerk of the county in which the products described in

the contract, or any part of the contract, are or will at some

future time be situated. The contracts shall describe the property

or services affected, the manner in which they are affected, and the

time for which they are affected and shall state the names and

residences of the parties to the contract.

2. The fees for filing the contracts shall be twenty-five cents

($0.25) for each contract, except that when an association files

more than one contract in a county which are substantially the same

except for the signature of one of the parties the filing fee shall

be twenty-five cents ($0.25) for the first contract and five cents

($0.05) for each similar contract.

C. Whenever a contract terminates, the association shall on

demand give to the member a certificate to that effect. The

certificate may be filed with the county clerk. The county clerk

shall be entitled to the same filing fees pursuant to this

subsection as in the case of chattel mortgages.

Added by Laws 1937, p. 266, § 17. Amended by Laws 2001, c. 38, §

17, eff. Nov. 1, 2001. Renumbered from § 361p of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-18.

Election of existing associations to come under act.

Oklahoma Statutes - Title 2. Agriculture

A. By complying with the provisions of this section, any

association, organized pursuant to any previously existing statutes,

may elect, by vote of its members as provided in its Articles of

Incorporation and bylaws for the amendment of its Articles of

Incorporation and bylaws, to be brought under the provisions of the

Cooperative Marketing Association Act.

B. A statement, signed and sworn to by its directors to the

effect that the corporation or association has elected to adopt the

benefits and be bound by the provisions of the Cooperative Marketing

Association Act and has duly authorized all changes accordingly,

shall be filed as required for the filing of an amendment to the

Articles of Incorporation.

C. The same fee shall be paid for filing as for the filing

pursuant to this section of an amendment to the Articles of

Incorporation.

Added by Laws 1937, p. 267, § 18. Amended by Laws 2001, c. 38, §

18, eff. Nov. 1, 2001. Renumbered from § 361q of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-19. Inducing or attempting to induce breach of marketing

contract - Penalty.

A. Except as otherwise provided by this section, any person or

corporation:

1. Whose officers or employees knowingly induce, or attempt to

induce any member or stockholder of an association organized

pursuant to the Cooperative Marketing Association Act or organized

pursuant to similar statutes of other states and operating in this

state under due authority, to breach its marketing contract with the

association; or

2. Who maliciously and knowingly spread false reports about the

finances, management, or activity of an association, organized

pursuant to the Cooperative Marketing Association Act,

shall be deemed guilty of a misdemeanor and upon conviction thereof

shall be subject to a fine of not less than One Hundred Dollars

($100.00) and not more than One Thousand Dollars ($1,000.00) for

each such offense.

B. Any member may present anything relative to the affairs of

the association at any annual or special meeting of the members,

without being liable under this section.

Added by Laws 1937, p. 267, § 19. Amended by Laws 2001, c. 38, §

19, eff. Nov. 1, 2001. Renumbered from § 361r of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-20. Liability for inducing breach of marketing contracts Injunctions.

A. Any person who knowingly solicits or persuades any member of

any association organized or operating in this state under due

Oklahoma Statutes - Title 2. Agriculture

authority to breach the marketing contract of such member with the

association by accepting or receiving the member's products for sale

or for auction or for display for sale, or for processing or

handling, contrary to the terms of any agreement of which the person

or any active officer or manager of the corporation had knowledge or

notice, shall be liable, to the association aggrieved in a civil

action for any actual damages sustained by reason thereof.

B. The association may, upon proper application in a civil

action, obtain a temporary injunction against any violation of the

provisions of the Cooperative Marketing Association Act, which may

be made permanent upon proper proof.

Added by Laws 1937, p. 267, § 20. Amended by Laws 1955, p. 97, § 1;

Laws 1957, p. 10, § 1; Laws 2001, c. 38, § 20, eff. Nov. 1, 2001.

Renumbered from § 361s of this title by Laws 2001, c. 38, § 26, eff.

Nov. 1, 2001.

§2-17-21. Exception to laws prohibiting conspiracies, combinations

in restraint of trade or monopolies - Crop, marketing and

statistical information - Production and consumption advice.

A. Any association organized pursuant to the Cooperative

Marketing Association Act and complying with the terms thereof shall

be deemed not to:

1. Be a conspiracy nor a combination in restraint of trade nor

an illegal monopoly;

2. Be an attempt to lessen competition or to fix prices

arbitrarily; or

3. Create a combination or pool in violation of any law of this

state.

B. The contracts and agreements between the association and its

members and any agreements authorized in the Cooperative Marketing

Association Act shall be considered not to be:

1. Illegal;

2. In restraint of trade;

3. A part of a conspiracy or combination to accomplish an

improper or illegal purpose; or

4. Contrary to the provisions of any statute enacted against

pooling or combinations.

C. An association organized pursuant to the Cooperative

Marketing Association Act may acquire, exchange, interpret, and

disseminate to its members and others, past, present, and

prospective, crop, market, statistical, economic, and other similar

information either directly or through an agent created or selected

by it or by other associations acting in conjunction with it.

D. An association organized pursuant to the Cooperative

Marketing Association Act may advise its members in respect to the

adjustment of their current and prospective production consumption,

selling prices and existing or potential surpluses to the end that

Oklahoma Statutes - Title 2. Agriculture

every market may be served from the most convenient productive areas

under a program of orderly marketing that will assure supplies

without undue enhancement of prices or the accumulation of undue

surpluses.

Added by Laws 1937, p. 267, § 21. Amended by Laws 2001, c. 38, §

21, eff. Nov. 1, 2001. Renumbered from § 361t of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-22. Quo warranto proceedings.

The right of an association claiming to be organized and

incorporated and carrying on its business pursuant to the

Cooperative Marketing Association Act to do and to continue its

business, may be inquired into by quo warranto.

Added by Laws 1937, p. 268, § 22. Amended by Laws 2001, c. 38, §

22, eff. Nov. 1, 2001. Renumbered from § 361u of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-23. Licensing and taxation.

Each association formed pursuant to the provisions of the

Cooperative Marketing Association Act shall be subject to and comply

with the laws relating to the licensing and tax of other like

corporations or associations.

Added by Laws 1937, p. 268, § 23. Amended by Laws 2001, c. 38, §

23, eff. Nov. 1, 2001. Renumbered from § 361v of this title by Laws

2001, c. 38, § 26, eff. Nov. 1, 2001.

§2-17-24. Application of general business corporation laws.

The provisions of the Oklahoma General Corporation Act and all

powers and rights pursuant to the general business corporation laws

shall apply to the associations organized pursuant to the provisions

of the Cooperative Marketing Association Act, except where such

provisions are inconsistent with the express provisions of the

Cooperative Marketing Association Act. The provisions of this act

shall also apply to similar associations organized under the laws of

other jurisdictions and doing business or seeking to do business in

this state to the extent that this act applies to foreign

corporations doing business or seeking to do business in this state.

Added by Laws 1937, p. 268, § 24, emerg. eff. May 22, 1937.

Renumbered from § 361w of this title by Laws 2001, c. 38, § 26, eff.

Nov. 1, 2001. Amended by Laws 2001, c. 405, § 1, eff. Nov. 1, 2001;

Laws 2002, c. 22, § 2, emerg. eff. March 8, 2002.

NOTE: Laws 2001, c. 38, § 24 repealed by Laws 2002, c. 22, § 34,

emerg. eff. March 8, 2002.

§2-18-10. Oklahoma Sheep and Wool Commission - Administrative

expense limit.

Oklahoma Statutes - Title 2. Agriculture

The Oklahoma Sheep and Wool Commission shall not expend more

than thirty-five percent (35%) of the funds it receives for

administrative expenses.

Added by Laws 1987, c. 208, § 8, operative July 1, 1987. Amended by

Laws 1987, c. 236, § 50, emerg. eff. July 20, 1987; Laws 2001, c.

146, § 79, emerg. eff. April 30, 2001. Renumbered from § 1604 of

this title by Laws 2001, c. 146, § 254, emerg. eff. April 30, 2001.

Amended by Laws 2016, c. 269, § 1, eff. Nov. 1, 2016.

§2-18-30. Short title.

This act shall be known and may be cited as the "Oklahoma Beef

Improvement and Market Development Act".

Added by Laws 2004, c. 34, § 1, eff. Nov. 1, 2004.

§2-18-31. Legislative intent.

A. It is the intent of the Legislature to:

1. Create the Oklahoma Beef Council;

2. Promote the growth of the cattle industry in Oklahoma;

3. Assure an adequate and wholesome food supply;

4. Provide for the general economic welfare of producers and

consumers of beef; and

5. Provide the beef cattle industry with the authority to

establish a self-financed, self-governed program to develop,

maintain, and expand the state, national, and foreign markets for

beef and beef products produced, processed, or manufactured in this

state.

B. The promotion, marketing, research, and educational efforts

concerning beef and beef products, pursuant to the Oklahoma Beef

Improvement and Market Development Act, shall utilize existing

cattle industry infrastructure to the extent possible.

Added by Laws 2004, c. 34, § 2, eff. Nov. 1, 2004.

§2-18-32. Definitions.

As used in the Oklahoma Beef Improvement and Market Development

Act:

1. "Beef" and "beef products" mean the meat intended for human

consumption from any cattle, including, but not limited to, veal;

2. "Cattle" means all bovine animals, regardless of age;

3. "Council" means the Oklahoma Beef Council established under

the Oklahoma Beef Improvement and Market Development Act to

administer and govern the program;

4. "Market agent" means any person or entity who sells, offers

for sale, markets, distributes, trades, or processes cattle

purchased or acquired from a producer, or marketed on behalf of a

producer, and includes, but is not limited to, cattle feeders and

meatpacking firms and their agents that purchase or consign to

purchase cattle;

Oklahoma Statutes - Title 2. Agriculture

5. "Person" includes individuals, partnerships, firms,

corporations, associations, trusts, estates, limited liability

companies and any other legal entities recognized to do business in

Oklahoma; and

6. "Producer" means a person that owned or sold cattle in the

previous calendar year or presently owns cattle.

Added by Laws 2004, c. 34, § 3, eff. Nov. 1, 2004.

§2-18-33. Board of the Oklahoma Beef Council.

A. The Board of the Oklahoma Beef Council shall consist of nine

(9) members and shall be composed as follows:

1. The Governor shall appoint three members as follows:

a.

one member representing a general farm organization

which represents more than 150,000 members in the

state,

b.

one member representing the dairy producers in the

state, and

c.

one member of an Oklahoma association representing

livestock auction markets and livestock dealers in

which the member’s primary responsibility is the

collection and remittance of assessment funds;

2. The President Pro Tempore of the Senate shall appoint three

members as follows:

a.

one member from a women’s auxiliary group of a general

farm organization representing more than 150,000

members in the state,

b.

one member of a statewide women’s beef cattle

association, incorporated in Oklahoma, whose primary

purpose is beef product promotion and education, and

c.

one member representing a general farm organization

which represents more than 100,000 members in the

state;

3. The Speaker of the House of Representatives shall appoint

three members as follows:

a.

one member of an Oklahoma association representing

livestock auction markets and livestock dealers,

b.

one member of a statewide beef cattle producer-owned

association, incorporated in Oklahoma, comprised of

more than 5,000 Oklahoma-based producer members

organization representing cattle producers in the

state, and

c.

one member from an women’s auxiliary group of a

general farm organization representing more than

100,000 members in the state;

B. The initial appointments for each gubernatorial and

legislative member shall be for progressive terms of one (1) through

three (3) years; subsequent appointments shall be for three-year

Oklahoma Statutes - Title 2. Agriculture

terms. Members shall continue to serve until their successors are

appointed. Any vacancy shall be filled in the same manner as the

original appointments. No member shall serve more than two

consecutive terms.

Added by Laws 2004, c. 34, § 4, eff. Nov. 1, 2004.

§2-18-34. Oklahoma Beef Council.

A. There is hereby created, to continue until July 1, 2010, in

accordance with the provisions of the Oklahoma Sunset Law, the

Oklahoma Beef Council.

B. The Oklahoma Beef Council shall:

1. Promote the sale and use of beef and beef products, support

national beef promotion, research, education, and other consumer

marketing activities related to beef and cattle production, and

otherwise support consumer market development and promotion efforts

on a national and international scale;

2. Develop new uses and markets for beef and beef products;

3. Develop and improve methods of distributing beef and beef

products to the consumer;

4. Develop methods of improving the quality and safety of beef

and beef products for consumer benefit;

5. Inform and educate the public of the nutritive, safety, and

economic values of beef and beef products;

6. Function in a liaison capacity with the beef and other food

industries of the state and elsewhere in matters that would increase

efficiencies ultimately benefiting the consumer and the industry;

7. Receive and disburse funds for use in administering and

implementing the provisions and intent of the Oklahoma Beef

Improvement and Market Development Act;

8. Annually elect a chairperson from among its members who may

be reelected for not more than one one-year term;

9. Meet regularly, but in no case shall meet less than one time

per calendar quarter, at any other times as called by the Chair, or

upon request by three or more members of the Council;

10. Maintain a permanent record of all business proceedings;

11. Maintain a permanent and detailed record of all financial

dealings;

12. Prepare periodic reports and an annual report of all

activities for each fiscal year, for review by the beef cattle

industry of the state. The annual report shall be filed with the

Chair of the Senate Agriculture and Rural Development Committee or

successor committee, the Chair of the House Agriculture Committee or

successor committee, the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry, and the Governor;

13. Prepare periodic reports and an annual accounting for each

fiscal year of all receipts and expenditures for review of the beef

Oklahoma Statutes - Title 2. Agriculture

cattle industry of the state and provide for annual audits conducted

by a certified public accounting firm;

14. Adopt and promulgate rules pursuant to the Administrative

Procedures Act, with the assistance of the Oklahoma Department of

Agriculture, Food, and Forestry if requested by the Council, for

implementation of the Oklahoma Beef Improvement and Market

Development Act;

15. Maintain an office at a specific location in Oklahoma that

is accessible to beef producers and conducive to operating the

programs of the Council; and

16. Have such other powers and duties to implement the Oklahoma

Beef Improvement and Market Development Act.

C. The Council may:

1. Conduct or contract for scientific research with any

accredited university, college, or similar institution and enter

into other contracts or agreements that aid in carrying out the

purposes of the Oklahoma Beef Improvement and Market Development

Act, including, but not limited to, contracts for the purchase or

acquisition of facilities, advertising, or equipment;

2. Disseminate reliable information benefiting consumers and

the beef cattle industry on subjects including, but not limited to,

purchase, identification, care, storage, handling, cookery,

preparation, serving size or portion, and nutritional value of beef

and beef products;

3. Provide information to various governmental bodies, upon

request, on subjects of concern to the beef industry and act jointly

or in cooperation with the state or federal government, and agencies

thereof, in the development or administration of programs deemed by

the Council as consistent with the objectives of the Oklahoma Beef

Improvement and Market Development Act;

4. Cause any civil action to be filed to enforce the provisions

of the Oklahoma Beef Improvement and Market Development Act;

5. Appoint advisory groups composed of representatives from

organizations, institutions, governments, or business related to or

interested in the welfare of the beef industry and the consuming

public;

6. Employ an Executive Director and employees of the Council

and prescribe their duties and fix their compensation and terms of

employment;

7. Cooperate with any local, state, regional or nationwide

organization or agency engaged in work or activities consistent with

the objectives of the Oklahoma Beef Improvement and Market

Development Act; and

8. Cause any duly authorized agent or representative of the

Council to enter upon the premises of any market agent with proper

warrants and examine or require examination of only those books,

papers, and records associated in any way with payments of

Oklahoma Statutes - Title 2. Agriculture

assessments or enforcement of the Oklahoma Beef Improvement and

Market Development Act. It shall be incumbent upon the Council to

make appropriate arrangements with the persons being examined to

ensure that an orderly examination is made that does not impede on

the person's normal course of business.

D. Members of the Council shall not be individually liable for

acts of the Council when acting within the scope of the Council's

powers and in the manner prescribed by the laws of the state;

Added by Laws 2004, c. 34, § 5, eff. Nov. 1, 2004.

§2-18-35. Duties of members of the Oklahoma Beef Council.

The members of the Oklahoma Beef Council shall:

1. Be actively engaged in beef production during the year prior

to appointment and continuing throughout the term;

2. Have not been found in violation of the Oklahoma Beef

Improvement and Market Development Act pursuant to an administrative

hearing or court proceeding; and

3. Have not requested a refund within the preceding three (3)

years of being appointed.

Added by Laws 2004, c. 34, § 6, eff. Nov. 1, 2004.

§2-18-36. Assessment of fee – Exemption.

A. The Oklahoma Beef Council may levy on each producer selling

cattle within or from this state an assessment of up to One Dollar

($1.00) per head on cattle sold. The state assessment shall be

determined by the Council through the promulgation of rules

established pursuant to the Administrative Procedures Act. In no

event shall the combined federal and state beef assessment exceed

One Dollar ($1.00).

B. The fee shall be assessed and imposed as follows:

1. Upon the cattle producer at the time of a sale by the

producer. Except for a sale through a market agent, the assessment

shall be collected and remitted by the producers to the Council; or

2. Every market agent doing business in the State of Oklahoma

shall deduct from the gross receipts of the producer at the time of

sale the assessment on all cattle sold in the state for the

producer.

C. 1. The Council shall establish, by rule, the procedures for

the collection and remittance of the assessment.

2. The amount of the assessment collected shall be clearly

shown on the sales invoice or other document evidencing the

transaction.

3. The producer and marketing agent shall forward all

assessments collected by the producer or market agent, as

appropriate, to the Council by the fifteenth of the month following

the month of collection. The Council shall provide appropriate

forms for the remittance of the assessment.

Oklahoma Statutes - Title 2. Agriculture

D. The Council shall maintain within its financial records a

separate accounting of all monies received pursuant to the

provisions of this section.

E. All monies deducted under the provisions of this section

shall be considered as bona fide business expenses for the producer

as provided for under the tax laws of this state.

F. The Council may adopt reciprocal agreements with other beef

councils or similar organizations on monies collected by Oklahoma

market agents on cattle from other states and on Oklahoma cattle

sold at other states’ markets.

G. A person may be exempted from payment of the assessment if

that person:

1. Certifies that the person's only share in the proceeds of a

sale of cattle is a sales commission, handling fee, or other service

fee; or

2. Certifies that:

a.

the person acquired ownership of cattle only to

facilitate the transfer of ownership of the cattle

from the producer to a third party,

b.

the cattle were resold no later than ten (10) days

from the date the person acquired ownership, and

c.

the assessment, if applicable, was levied upon the

previous owner and collected and remitted, or will be

remitted pursuant to the provisions of the Oklahoma

Beef Improvement and Market Development Act.

Added by Laws 2004, c. 34, § 7, eff. Nov. 1, 2004.

§2-18-37. Enforcement actions – Injunctive relief.

A. The Council may institute any action necessary to enforce

compliance with any provision of the Oklahoma Beef Improvement and

Market Development Act and rules promulgated pursuant to the

Oklahoma Beef Improvement and Market Development Act. In addition

to any other remedy provided by law, the Council may petition for

injunctive relief.

B. 1. Any due and payable assessment required under the

Oklahoma Beef Improvement and Market Development Act constitutes a

personal debt of the person or marketing agent assessed.

2. In the event of failure of a person or marketing agent to

remit any properly due assessment or sum, the Council in order to

collect an assessment may bring an administrative action and may

bring a civil action in district court against that person. If an

action is brought in the district court, such action will be brought

in the district court of any county in which the sale is conducted.

3. In addition to collection of the assessment, the Council may

also collect a ten-percent-penalty assessment, the costs of

enforcing the collection of the assessment, and any court costs.

Oklahoma Statutes - Title 2. Agriculture

4. The civil action in district court shall be tried and

judgment rendered as in any other cause of action for debts due and

payable. Any administrative hearing shall be conducted pursuant to

the Administrative Procedures Act.

5. All assessments, penalty assessments, and enforcement costs

recovered are due and payable to the Council.

Added by Laws 2004, c. 34, § 8, eff. Nov. 1, 2004.

§2-18-38. Refund – Collection action.

A. Any producer who has paid the assessment under the

provisions of the Oklahoma Beef Improvement and Market Development

Act shall be entitled to a refund upon a valid request to the

Council.

B. The Council shall make available to all producers and

marketing agents forms for refund requests.

C. Refund claims shall be submitted by the producer within

forty-five (45) days of the payment of the assessment and shall

include a signature, date of sale, place of sale, number of cattle,

amount of assessment deducted, and proof of the payment of the

deducted assessment.

D. 1. Upon verification of a valid refund request, the Council

shall remit a refund to the producer within forty-five (45) days of

the valid request.

2. In the event the Council fails to remit the valid requested

refund as required by this subsection, the producer may bring a

civil action against the Council in the district court of the county

in which the office of the Council is located for collection of the

refund, a ten-percent-penalty assessment, and all court costs.

3. The civil action shall be tried and judgment rendered as in

any other cause of action for debts due and payable.

4. All assessments, penalty assessments, and enforcement costs

recovered are due and payable to the producer.

E. If the Council has reasonable doubt that a refund claim is

valid, it may withhold payment and take action as deemed necessary

to determine its validity.

F. All requests for refunds shall only be initiated by the

producer.

Added by Laws 2004, c. 34, § 9, eff. Nov. 1, 2004.

§2-18-39. Rules.

Within ninety (90) days of the effective date of this act, the

Oklahoma Beef Council shall promulgate the necessary rules for the

Council to carry out the intent and purposes of the Oklahoma Beef

Improvement and Market Development Act.

Added by Laws 2004, c. 34, § 10, eff. Nov. 1, 2004.

§2-18-40.

Exemption of Council from certain state laws.

Oklahoma Statutes - Title 2. Agriculture

The Oklahoma Beef Council shall not be subject to the:

1. Oklahoma Personnel Act; or

2. Competitive Bidding Act administered by the Office of

Management and Enterprise Services.

Added by Laws 2004, c. 34, § 11, eff. Nov. 1, 2004. Amended by Laws

2012, c. 304, § 14.

§2-18-41. Act effective upon cessation of federal statute.

The Oklahoma Beef Improvement and Market Development Act shall

become effective only upon the cessation or part thereof of the

federal Beef Promotion and Research Act of 1985, 7 U.S.C., Sections

2901 through 2911, upon certification by the Oklahoma Commissioner

of Agriculture.

Added by Laws 2004, c. 34, § 12, eff. Nov. 1, 2004.

§2-18-42. Oklahoma Beef Council Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Beef Council to be designated the "Oklahoma Beef

Council Revolving Fund". The Fund shall be a continuing fund, not

subject to fiscal year limitations and shall consist of all monies

received by the Oklahoma Beef Council from assessments received and

collected pursuant to the Oklahoma Beef Improvement and Market

Development Act, donations, grants, contributions and gifts from any

public or private source. The Council may expend funds as provided

for by law. Expenditures from said fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

Added by Laws 2004, c. 34, § 13, eff. Nov. 1, 2004. Amended by Laws

2012, c. 304, § 15.

§2-18-43.1.

Repealed by Laws 2013, c. 227, § 3, eff. Nov. 1, 2013.

§2-18-43.2.

Repealed by Laws 2013, c. 227, § 3, eff. Nov. 1, 2013.

§2-18-43.3.

Repealed by Laws 2013, c. 227, § 3, eff. Nov. 1, 2013.

§2-18-43.4.

Repealed by Laws 2013, c. 227, § 3, eff. Nov. 1, 2013.

§2-18-50. Oklahoma Peanut Act.

Sections 18-50 through 18-62 of this title shall be known and

may be cited as the "Oklahoma Peanut Act".

Added by Laws 1965, c. 349, § 1, emerg. eff. June 28, 1965. Amended

by Laws 2001, c. 146, § 37, emerg. eff. April 30, 2001. Renumbered

from § 1101 of this title by Laws 2001, c. 146, § 251, emerg. eff.

April 30, 2001. Amended by Laws 2014, c. 1, § 26, eff. July 1,

2014; Laws 2015, c. 195, § 1, eff. Nov. 1, 2015.

Oklahoma Statutes - Title 2. Agriculture

§2-18-51. Definitions.

For the purpose of the Oklahoma Peanut Act:

1. "Commission" means the Oklahoma Peanut Commission;

2. "Grower" means any natural person engaged in growing

peanuts;

3. "First purchaser" is any person, public or private

corporation, association or partnership buying or otherwise

acquiring after harvest the property in or to peanuts from a grower.

A mortgagee, pledgee, lienor or other person, public or private,

having a claim against the grower under a nonrecourse loan made

against such peanuts after harvest thereof shall be deemed a

purchaser. The term "first purchaser" shall not include a

harvesting or threshing lienee; and

4. "Sale" includes any pledge or mortgage of peanuts, after

harvest, to any person, public or private.

Added by Laws 1965, c. 349, § 2, emerg. eff. June 28, 1965. Amended

by Laws 2001, c. 146, § 38, emerg. eff. April 30, 2001. Renumbered

from § 1102 of this title by Laws 2001, c. 146, § 251, emerg. eff.

April 30, 2001. Amended by Laws 2015, c. 195, § 2, eff. Nov. 1,

2015.

§2-18-52.

Repealed by Laws 2015, c. 195, § 6, eff. Nov. 1, 2015.

§2-18-53.

Repealed by Laws 2015, c. 195, § 6, eff. Nov. 1, 2015.

§2-18-54.

Repealed by Laws 2015, c. 195, § 6, eff. Nov. 1, 2015.

§2-18-55.

Repealed by Laws 2015, c. 195, § 6, eff. Nov. 1, 2015.

§2-18-56.

Repealed by Laws 2015, c. 195, § 6, eff. Nov. 1, 2015.

§2-18-57. Assessments - Refunds - Liens.

A. There is hereby levied an assessment of Four Dollars ($4.00)

per net ton of peanuts on a farmer's stock basis marketed in

Oklahoma. Such assessment shall be levied and assessed to the

grower at the time of sale, and shall be shown as a deduction by the

first purchaser from the price paid in settlement to the grower;

provided that within sixty (60) days after any sale the grower may

upon submission of a written request therefor to the executive

director obtain a refund in the amount of the assessment deducted by

the first purchaser. The refund to the grower who has requested

such refund shall be made within sixty (60) days following the

request. Such request shall be accompanied by the producer's

marketing settlement forms which shall be evidence of the payment of

the assessment which need not be verified.

Oklahoma Statutes - Title 2. Agriculture

B. The availability of a refund and instructions describing the

process of obtaining a refund shall be posted in a conspicuous

public location at all places where the fees are required to be

collected.

C. The Oklahoma Peanut Commission shall keep complete records

of all refunds made under the provisions of this section. Records

of refunds may be destroyed two (2) years after the refund is made.

D. All funds expended in the administration of the Oklahoma

Peanut Act and for the payment of all claims whatsoever growing out

of the performance of any duties or activities pursuant to the

Oklahoma Peanut Act shall be paid from the proceeds derived from

subsection A of this section. In the case of a lienholder who is a

first purchaser, the assessment shall be deducted by the lienholder

from the proceeds of the claim secured by such lien at the time the

peanuts are pledged or mortgaged. The assessment shall constitute a

preferred lien and shall have priority over all other liens and

encumbrances upon such peanuts. The assessment shall be deducted

and paid as herein provided whether such peanuts are stored in this

or any other state.

Added by Laws 1965, c. 349, § 8, emerg. eff. June 28, 1965. Amended

by Laws 1978, c. 134, § 6, emerg. eff. April 4, 1978; Laws 1982, c.

55, § 2, operative July 1, 1982; Laws 2001, c. 146, § 44, emerg.

eff. April 30, 2001. Renumbered from § 1108 of this title by Laws

2001, c. 146, § 251, emerg. eff. April 30, 2001. Amended by Laws

2007, c. 195, § 9, emerg. eff. May 31, 2007; Laws 2015, c. 195, § 3,

eff. Nov. 1, 2015.

§2-18-58. Receipt for assessments - Peanut Commission Revolving

Fund.

A. The assessment imposed shall, before the twentieth day of

the calendar month following the date of settlement, be paid by the

purchaser to the executive director of the Oklahoma Peanut

Commission. The executive director shall give the purchaser a

receipt.

B. Any unexpended balance contained in the Oklahoma Peanut

Commission Revolving Fund as of November 1, 2015, shall no longer be

considered state funds or state property and may be transferred to

the successor organization.

Added by Laws 1965, c. 349, § 9, emerg. eff. June 28, 1965. Amended

by Laws 1969, c. 209, § 2, emerg. eff. April 18, 1969; Laws 1978, c.

134, § 7, emerg. eff. April 4, 1978; Laws 2001, c. 146, § 45, emerg.

eff. April 30, 2001. Renumbered from § 1109 of this title by Laws

2001, c. 146, § 251, emerg. eff. April 30, 2001. Amended by Laws

2015, c. 195, § 4, eff. Nov. 1, 2015.

§2-18-59.

Repealed by Laws 2015, c. 195, § 6, eff. Nov. 1, 2015.

Oklahoma Statutes - Title 2. Agriculture

§2-18-60. Foreclosure of lien.

If the assessment is not deducted and paid to the executive

secretary as provided in the Oklahoma Peanut Act, or within ten (10)

days thereafter, the lien may within one (1) year after the

expiration of said ten (10) days period be foreclosed by action in

any court having jurisdiction in the county in which such peanuts

were grown, or sold, or in which such peanuts may be found, or in

which such peanuts shall have been commingled with other peanuts.

Added by Laws 1965, c. 349, § 10, emerg. eff. June 28, 1965.

Amended by Laws 2001, c. 146, § 47, emerg. eff. April 30, 2001.

Renumbered from § 1110 of this title by Laws 2001, c. 146, § 251,

emerg. eff. April 30, 2001.

§2-18-61. Penalties.

Any person who violates any of the provisions of the Oklahoma

Peanut Act shall be deemed guilty of a misdemeanor, and upon

conviction thereof shall be punished by a fine of not less than

Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars

($500.00).

Added by Laws 1965, c. 349, § 12, emerg. eff. June 28, 1965.

Amended by Laws 2001, c. 146, § 48, emerg. eff. April 30, 2001.

Renumbered from § 1112 of this title by Laws 2001, c. 146, § 251,

emerg. eff. April 30, 2001.

§2-18-62. Referendum.

A. Before any change in assessment can be made, a referendum of

Oklahoma peanut growers shall be conducted to determine the

proportion of the peanut growers that favor continuation of the

program and the proportion of peanut growers that favor

discontinuing the program. Thereafter, such referendum shall be

conducted no more than once every three (3) years upon the receipt

by the Oklahoma Peanut Commission of petitions requesting a

referendum signed by at least ten percent (10%) of Oklahoma peanut

growers.

B. At any time a referendum is to be held, the Commission shall

write a definition of a producer eligible to vote, and shall cause a

notice to be given, by letter or publication in the official

publication of the Oklahoma Peanut Commission. The Commission shall

send ballots to those persons eligible to vote and shall set the

final date for ballots to be returned for tabulation. The

Commission shall provide for the printing of ballots and shall

furnish a double envelope system so that the identity of a voter

cannot be determined. The grower shall return the ballots by way of

a sealed envelope, pre-addressed to the President of the State Board

of Agriculture.

C. Tabulation of ballots shall be jointly by the President of

the State Board of Agriculture and chairman of the Oklahoma Peanut

Oklahoma Statutes - Title 2. Agriculture

Commission. Whenever the question of levying the assessments is

disapproved, by failure of sixty percent (60%) of growers voting in

the referendum to favor continuation of the assessments, the

proclamation declaring the result shall provide for the termination

of the assessments on April 30, following the date of the

referendum.

D. Thirty (30) days after termination of the assessment, all

remaining funds of the Commission shall be transferred to the

experiment stations of Oklahoma State University to be used for

continued research on peanuts.

Added by Laws 1965, c. 349, § 13, emerg. eff. June 28, 1965.

Amended by Laws 1978, c. 134, § 8, emerg. eff. April 4, 1978; Laws

2001, c. 146, § 49, emerg. eff. April 30, 2001. Renumbered from §

1113 of this title by Laws 2001, c. 146, § 251, emerg. eff. April

30, 2001. Amended by Laws 2015, c. 195, § 5, eff. Nov. 1, 2015.

§2-18-120.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-18-180. Short title.

Sections 59 through 75 of this act shall be known and may be

cited as the “Oklahoma Sheep and Wool Producers Act”.

Added by Laws 1973, c. 164, § 1, emerg. eff. May 16, 1973. Amended

by Laws 2001, c. 146, § 59, emerg. eff. April 30, 2001. Renumbered

from § 1501 of this title by Laws 2001, c. 146, § 253, emerg. eff.

April 30, 2001.

§2-18-181. Sheep and Wool Utilization, Research and Market

Development Commission.

There shall be re-created, to continue until July 1, 2017, in

accordance with the provisions of the Oklahoma Sunset Law, the Sheep

and Wool Utilization, Research and Market Development Commission for

the utilization, research and market development of sheep and wool

produced in Oklahoma.

Added by Laws 1973, c. 164, § 2, emerg. eff. May 16, 1973. Amended

by Laws 1982, c. 34, § 1, operative July 1, 1982; Laws 1988, c. 225,

§ 4; Laws 1994, c. 11, § 1; Laws 2000, c. 97, § 1; Laws 2001, c.

146, § 60, emerg. eff. April 30, 2001. Renumbered from § 1502 of

this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.

Amended by Laws 2006, c. 46, § 1; Laws 2007, c. 88, § 1; Laws 2013,

c. 293, § 1.

§2-18-182. Definitions.

As used in the Oklahoma Sheep and Wool Producers Act, unless the

context otherwise requires:

1. "Commission" shall mean the Sheep and Wool Utilization,

Research and Market Development Commission;

Oklahoma Statutes - Title 2. Agriculture

2. "Dealer" shall mean any person who buys or accepts sheep or

wool from a sheep producer for shipment or for delivery to or in

behalf of any person within or without the state. Such person may

or may not be, depending upon the circumstances, a final purchaser;

3. "Final purchaser " shall mean any person who buys or accepts

sheep, either within or without the state, or who buys or accepts

wool for processing, or intends to process such wool, either within

or without the state;

4. "Oklahoma sheep producer" shall mean anyone personally

engaged in producing sheep who markets sheep in Oklahoma either

within or without the state; and

5. "Person" shall mean any individual, partnership,

association, corporation or other business enterprise.

Added by Laws 1973, c. 164, § 3, emerg. eff. May 6, 1973. Amended

by Laws 1984, c. 93, § 1, emerg. eff. April 4, 1984; Laws 2001, c.

146, § 61, emerg. eff. April 30, 2001. Renumbered from § 1503 of

this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.

§2-18-183. Membership of Commission.

The Sheep and Wool Utilization, Research and Market Development

Commission shall consist of seven (7) elected members who are at

least twenty-five (25) years of age and residents of Oklahoma, and

have been actually engaged in producing sheep or wool in this state

for a period of at least three (3) years. The Commission shall be

composed as follows:

1. One member of the Commission shall be a resident of this

state and elected at large;

2. Two members of the Commission shall be residents of this

state and producers of the major purebred breeds of sheep in this

state and shall be elected at large; and

3. The remaining four elected members of the Commission shall

be residents of those areas of the state designated as Districts IIV, one member from each district:

a.

District I (Northwest), consisting of Alfalfa, Beaver,

Blaine, Cimarron, Garfield, Grant, Harper, Kay,

Kingfisher, Logan, Major, Noble, Payne, Roger Mills,

Texas, Woods, and Woodward Counties,

b.

District II (Southwest), consisting of Beckham, Caddo,

Canadian, Cleveland, Comanche, Cotton, Custer, Dewey,

Ellis, Grady, Greer, Harmon, Jackson, Jefferson,

Kiowa, Oklahoma, Stephens, Tillman, and Washita

Counties,

c.

District III (Southeast), consisting of Atoka, Bryan,

Carter, Choctaw, Coal, Garvin, Haskell, Hughes,

Johnston, Latimer, LeFlore, Love, McClain, McCurtain,

McIntosh, Marshall, Murray, Pittsburg, Pontotoc,

Pottawatomie, Pushmataha, and Seminole Counties, and

Oklahoma Statutes - Title 2. Agriculture

d.

District IV (Northeast), consisting of Adair,

Cherokee, Craig, Creek, Delaware, Lincoln, Mayes,

Muskogee, Nowata, Okfuskee, Okmulgee, Osage, Ottawa,

Pawnee, Rogers, Sequoyah, Tulsa, Wagoner, and

Washington Counties.

Added by Laws 1973, c. 164, § 4, emerg. eff. May 16, 1973. Amended

by Laws 1984, c. 93, § 2, emerg. eff. April 4, 1984; Laws 2001, c.

146, § 62, emerg. eff. April 30, 2001. Renumbered from § 1504 of

this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.

§2-18-184. Election of Commission members.

A. The Oklahoma Sheep and Wool Producers, Incorporated, shall

call the original election of members to the Sheep and Wool

Utilization, Research and Market Development Commission. All

subsequent elections shall be called by the Oklahoma Sheep and Wool

Utilization, Research and Market Development Commission. All

producers who have paid a fee during the current year, as provided

in the Sheep and Wool Producers Act, shall be eligible to vote in

the election of members of the Commission, if no part of the fee has

been returned to the producer by the Commission. All sheep and wool

producers in the state, as defined by the Sheep and Wool Producers

Act, shall be eligible to vote in the election of the initial

members of the Commission. The election of subsequent at large

Commission members shall be by mail as provided in subsection E of

this section.

B. Within thirty (30) days after the establishment of the

Oklahoma Sheep and Wool Utilization, Research and Market Development

Commission, the Oklahoma Sheep and Wool Producers, Incorporated,

shall call meetings of the sheep and wool producers in each of the

districts established in Section 18-183 of this title, for the

purpose of electing members of the Oklahoma Sheep and Wool

Utilization, Research and Market Development Commission. A producer

shall be entitled to vote for candidates for the Commission to

represent his or her respective district, the state at large and a

major purebred breed. It shall be the responsibility of the

producer to prove eligibility to vote.

C. Members of the Commission shall be elected as follows:

1. The members representing Districts I, IV and the state at

large for terms ending June 30, 1974;

2. The members representing Districts II and III for terms

ending June 30, 1975; and

3. The two members representing the major purebred breeds for

terms ending June 30, 1976.

As the terms of office of such members expire, their successors

shall be elected for terms of three (3) years as provided in this

section.

Oklahoma Statutes - Title 2. Agriculture

D. Each member shall hold office until the successor is elected

and has qualified. A member elected to fill a vacancy occurring

before the expiration of a term of a member separated from the

Commission for any cause shall be elected for the remainder of the

term of the member whose office has been so vacated.

E. 1. Ballots shall be published at the request of the

Commission in any market news service made available to Oklahoma

sheep and wool producers. Nominations for election to the

Commission for the three at large members shall be published in the

market news service in April of each year that a term of office for

a Commissioner expires or is vacated with a deadline for selecting

three of those nominated for the final runoff election. The names

of the three persons receiving the greatest number of votes shall be

published in the market news service which is published in May.

Ballots for voting for the Commission member shall be published in

the market news service in June with a July 1st deadline for mailing

the ballots.

2. The ballots shall be counted by the president of the State

Board of Agriculture or designee selected from the Oklahoma sheep

and wool producers industry and the chairman of the Commission or

designee selected from the Commission. The Commission shall

promulgate rules for determining the outcome of a tie vote in the

election.

3. Nominations for the District members of the Commission shall

be made only from sheep and wool producers in that District.

Nominations for the members of the Commission to be elected at large

shall be made from sheep and wool producers statewide.

Added by Laws 1973, c. 164, § 5, emerg. eff. May 16, 1973. Amended

by Laws 1984, c. 93, § 3, emerg. eff. April 4, 1984; Laws 2001, c.

146, § 63, emerg. eff. April 30, 2001. Renumbered from § 1505 of

this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.

§2-18-185. Removal of members.

A member of the Sheep and Wool Utilization, Research and Market

Development Commission shall be removable by a two-thirds (2/3) vote

of the other members of the Commission for cause. A member ceasing

to be a resident of the state, ceasing to live in the district from

which the member was elected, or ceasing to be actually engaged in

producing sheep or wool in the state shall be deemed sufficient

cause for removal from office.

Added by Laws 1973, c. 164, § 6, emerg. eff. May 16, 1973. Amended

by Laws 2001, c. 146, § 64, emerg. eff. April 30, 2001. Renumbered

from § 1506 of this title by Laws 2001, c. 146, § 253, emerg. eff.

April 30, 2001.

§2-18-186.

Officers - Meetings.

Oklahoma Statutes - Title 2. Agriculture

At the first meeting of the Sheep and Wool Utilization, Research

and Market Development Commission, the Commission shall elect a

chair, vice-chair, secretary and treasurer from among the

membership, and thereafter at the first meeting of each fiscal year.

The Commission shall meet at least once every three (3) months and

at such other times as called by the chair or by a majority of the

Commission.

Added by Laws 1973, c. 164, § 7, emerg. eff. May 16, 1973. Amended

by Laws 2001, c. 146, § 65, emerg. eff. April 30, 2001. Renumbered

from § 1507 of this title by Laws 2001, c. 146, § 253, emerg. eff.

April 30, 2001.

§2-18-187. Powers of Commission.

The Sheep and Wool Utilization, Research and Market Development

Commission shall have the power to:

1. Make such reasonable expenditures of funds as is necessary

to carry out the provisions of the Oklahoma Sheep and Wool Producers

Act;

2. Devise, adopt and conduct a program of education and

publicity;

3. Cooperate with local, state or national organizations,

whether public or private, in carrying out the purposes of the

Oklahoma Sheep and Wool Producers Act, and to enter into such

contracts as may be necessary. No Commission funds shall be used,

directly or indirectly, or as a result of contract or agreement with

other persons or organizations, in supporting or opposing political

candidates, political officeholders, and legislation, either state

or national;

4. Promulgate such rules as are necessary to promptly and

effectively administer the provisions of the Oklahoma Sheep and Wool

Producers Act;

5. Conduct, in addition to the things enumerated, any other

program for the utilization, research and market development of

sheep and wool produced in the State of Oklahoma;

6. Call and conduct such meetings and elections as may be

necessary in carrying out the provisions of the Oklahoma Sheep and

Wool Producers Act; and

7. Employ an executive secretary and such other personnel as

necessary, and to prescribe their duties and fix their compensation.

Added by Laws 1973, c. 164, § 8, emerg. eff. May 16, 1973. Amended

by Laws 2001, c. 146, § 66, emerg. eff. April 30, 2001. Renumbered

from § 1508 of this title by Laws 2001, c. 146, § 253, emerg. eff.

April 30, 2001.

§2-18-188. Publication of ballot and other information - Voting.

The Sheep and Wool Utilization, Research and Market Development

Commission shall cause the ballots and other information required

Oklahoma Statutes - Title 2. Agriculture

pursuant to the provisions of the Oklahoma Sheep and Wool Producers

Act to be published in a market news service available to Oklahoma

sheep and wool producers for those persons in the sheep and wool

industry. Voting shall be conducted pursuant to rules promulgated

by the Sheep and Wool Utilization, Research and Market Development

Commission.

Added by Laws 1984, c. 93, § 4, emerg. eff. April 4, 1984. Amended

by Laws 1995, c. 87, § 1, emerg. eff. April 12, 1995; Laws 2001, c.

146, § 67, emerg. eff. April 30, 2001. Renumbered from § 1508.1 of

this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.

§2-18-189. Assessments - Remittance.

A. There is hereby assessed a fee of twenty-five cents ($0.25)

per head on all sheep produced or sold in the State of Oklahoma and

a fee of two cents ($0.02) per pound on all wool produced or sold in

the State of Oklahoma. Such fees are assessed and imposed on the

producer at the time of the producer’s initial sale through an

auction or to a dealer.

B. If the dealer is the first purchaser, such dealer shall

remit the applicable fee or fees to the Commission. In the case of

wool gathered or held at a common point, cooperative or wool pool

for later sale, the applicable fee or fees shall be remitted to the

Sheep and Wool Utilization, Research and Market Development

Commission at the time of the final settlement with the producer or

producers thereof.

C. In any event, it is the duty of the first purchaser to remit

such fee or fees to the Commission. No sheep or wool shall be

subject to the applicable fee more than once.

Added by Laws 1973, c. 164, § 9, emerg. eff. May 16, 1973. Amended

by Laws 1980, c. 191, § 1; Laws 1984, c. 93, § 5, emerg. eff. April

4, 1984; Laws 2001, c. 146, § 68, emerg. eff. April 30, 2001.

Renumbered from § 1509 of this title by Laws 2001, c. 146, § 253,

emerg. eff. April 30, 2001; Laws 2004, c. 216, § 2.

§2-18-190. Referendum on continuation of assessments.

A. Producers may petition at any time for a referendum to

determine if the assessments levied by the Oklahoma Sheep and Wool

Producers Act are to continue. The President of the State Board of

Agriculture shall call and conduct a referendum if the petitions

bear signatures of ten percent (10%) of the sheep and wool

producers.

B. No more than one such referendum shall be conducted in any

one thirty-six-month period. The State Board of Agriculture shall

determine if the petition bears the required number of valid

signatures.

C. The President shall announce the referendum at least thirty

(30) days prior to the day of voting. At least thirty (30) days

Oklahoma Statutes - Title 2. Agriculture

before the referendum the President shall mail a notice of said

referendum to all known sheep and wool producers in the State of

Oklahoma who market sheep or wool. The notice shall specify the

dates, times and places for holding the referendum and shall include

a sample ballot with the following wording:

DO YOU FAVOR A CONTINUATION OF THE FIFTEEN CENT ($0.15)

ASSESSMENT PER HEAD ON SHEEP MARKETED IN OKLAHOMA AND THE ONE

CENT ($0.01) ASSESSMENT PER POUND ON WOOL MARKETED IN OKLAHOMA

FOR UTILIZATION, RESEARCH AND MARKET DEVELOPMENT?

YES _____

NO _____

D. Places within each county for conducting such referendum

shall be designated by the Cooperative Extension Service of Oklahoma

State University. Voting in each county shall be supervised by the

county extension director or person designated by the Cooperative

Extension Service if there is no county extension director in a

county at the time of the referendum.

E. The Sheep and Wool Utilization, Research and Market

Development Commission shall ensure sufficient ballots and supplies

necessary for the conduct of the voting and tabulation of returns.

F. Certified results of the referendum in each county shall be

transmitted within twenty-four (24) hours after voting ends to the

President of the State Board of Agriculture and the ballots

themselves shall be transmitted to the President within forty-eight

(48) hours.

G. Ballots shall be preserved by the President for a period of

at least three (3) months.

H. The results of the referendum shall be determined by the

President and certified to the Governor, who shall issue a

proclamation declaring the results.

I. The Commission shall bear expenses of advertising and

conducting the referendum.

J. Whenever the question of levying the assessments is

disapproved, by failure of sixty percent (60%) of the producers

voting in the referendum to favor continuation of the assessments,

the proclamation declaring the result shall provide for the

termination of the assessments on April 30 following the date of

such referendum.

K. Thirty (30) days after termination of the assessments, all

remaining funds of the Commission shall be transferred to the

Experiment Stations of Oklahoma State University to be used for

continued research on sheep and wool.

Added by Laws 1973, c. 164, § 10, emerg. eff. May 16, 1973. Amended

by Laws 1980, c. 191, § 2; Laws 1984, c. 93, § 6, emerg. eff. April

4, 1984; Laws 2001, c. 146, § 69, emerg. eff. April 30, 2001.

Renumbered from § 1510 of this title by Laws 2001, c. 146, § 253,

emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

§2-18-191. Reports and remittance of fees - Penalties.

A. A purchaser shall render and have on file a report with the

Sheep and Wool Utilization, Research and Market Development

Commission by the fifteenth day of each calendar quarter following

any calendar quarter in which such purchaser has purchased five

hundred (500) or more sheep for slaughter, or in which such

purchaser has purchased five thousand (5,000) pounds of wool for

processing. If less than five hundred (500) sheep or less than five

thousand (5,000) pounds of wool have been purchased in any calendar

quarter, the applicable fee may be reported and remitted with the

following quarter's return except that all fees collected must be

remitted at least once every six (6) months.

B. In case any person, business or entity, public or private,

subject to the fee, fails to make a report and remittance when and

as required, the Sheep and Wool Utilization, Research and Market

Development Commission shall determine the amount of such fee

according to its best information and judgment, which amount so

fixed shall be prima facie correct. A person having failed to make

the report shall, within ten (10) days after notice of the amount of

the fee fixed and computed by the Commission is mailed to the

person, pay such fee, together with a penalty of five percent (5%)

of the amount of the fee. The person may dispute the fee as fixed

by the Commission. The person may request the Commission to hold a

hearing to determine the amount of the fee and penalty to be

imposed. No payment shall be made until the Commission enters its

order determining the amount of the payment. If and when the

Commission determines the amount of the payment, such payment shall

be paid within ten (10) days of notice of the payment decision.

Added by Laws 1973, c. 164, § 11, emerg. eff. May 16, 1973. Amended

by Laws 2001, c. 146, § 70, emerg. eff. April 30, 2001. Renumbered

from § 1511 of this title by Laws 2001, c. 146, § 253, emerg. eff.

April 30, 2001.

§2-18-192. Reports by Commission.

A. The chair of the Sheep and Wool Utilization, Research and

Market Development Commission shall make an annual report to the

Governor, within thirty (30) days after January 1 of each year,

showing in detail all income and expenditures and any other facts

relevant to the Oklahoma Sheep and Wool Producers Act. The annual

report shall include a list of all officers and employees of the

Commission and shall indicate the official positions of such

officers and employees and their salaries. The report shall be

available to the public.

B. All records of the Commission shall be kept at least three

(3) years.

C. The Commission shall submit a report of its income,

expenditures and a brief survey of its work annually to the Chairs

Oklahoma Statutes - Title 2. Agriculture

of the Agriculture Committees of the House of Representatives and

Senate of the State Legislature.

Added by Laws 1973, c. 164, § 12, emerg. eff. May 16, 1973. Amended

by Laws 2001, c. 146, § 71, emerg. eff. April 30, 2001. Renumbered

from § 1512 of this title by Laws 2001, c. 146, § 253, emerg. eff.

April 30, 2001.

§2-18-193. Refunds - Application.

A. Any sheep or wool producer who is assessed the fee or fees

authorized by the Oklahoma Sheep and Wool Producers Act and objects

to the collection of such fee may, within sixty (60) days following

such collection, make application to the Sheep and Wool Utilization,

Research and Market Development Commission for a refund of such fee

or fees. Upon receipt of such application by the Commission such

refund shall be made within one hundred twenty (120) days.

Application forms for refund purposes shall be furnished by the

Commission and shall be made available at all places where the fees

provided in the Oklahoma Sheep and Wool Producers Act are required

to be collected.

B. The availability of a refund and instructions describing the

process of obtaining a refund shall be posted in a conspicuous

public location at all places where the fees are required to be

collected.

Added by Laws 1973, c. 164, § 13, emerg. eff. May 16, 1973. Amended

by Laws 1982, c. 34, § 2, operative July 1, 1982; Laws 2001, c. 146,

§ 72, emerg. eff. April 30, 2001. Renumbered from § 1513 of this

title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.

§2-18-194. Proposed budget of Sheep and Wool Utilization, Research

and Market Development Commission – Review – Itemization of income

and expenditures.

A. The Sheep and Wool Utilization, Research and Market

Development Commission shall file with the Director of the Market

Development Division of the Oklahoma Department of Agriculture,

Food, and Forestry a proposed budget and may expend funds only after

the division director has approved the budget.

B. If after thorough review the division director disapproves

the proposed budget, the proposed budget shall be returned to the

Commission not later than forty-five (45) days after the date on

which the proposed budget is submitted with a statement of reasons

for disapproval.

C. Within thirty (30) days following the end of each fiscal

year of the Commission, the Commission shall submit to the Director

of the Market Development Division of the Oklahoma Department of

Agriculture, Food, and Forestry a report itemizing all income and

expenditures and describing all activities of the Commission during

the previous fiscal year.

Oklahoma Statutes - Title 2. Agriculture

D. No general revenue funds shall be appropriated to carry out

the provisions of the Oklahoma Sheep and Wool Producers Act. Funds

collected by the Commission shall not be subject to state budget and

expenditure limitations. Such funds shall at no time become monies

of the state or become part of the general budget of the state.

Debts or obligations of the Commission shall not be construed to be

debts or obligations of this state.

Added by Laws 1973, c. 164, § 14, emerg. eff. May 16, 1973. Amended

by Laws 1979, c. 47, § 1, emerg. eff. April 9, 1979; Laws 2000, c.

173, § 1, emerg. eff. May 3, 2000; Laws 2001, c. 146, § 73, emerg.

eff. April 30, 2001. Renumbered from § 1514 of this title by Laws

2001, c. 146, § 253, emerg. eff. April 30, 2001. Amended by Laws

2010, c. 413, § 6, eff. July 1, 2010.

§2-18-195. Cooperation with other organizations.

The Sheep and Wool Utilization, Research and Market Development

Commission may cooperate with and enter into contracts with proper

local, state or national organizations, public or private, in

carrying out the purposes of the Oklahoma Sheep and Wool Producers

Act.

Added by Laws 1973, c. 164, § 15, emerg. eff. May 16, 1973. Amended

by Laws 2001, c. 146, § 74, emerg. eff. April 30, 2001. Renumbered

from § 1515 of this title by Laws 2001, c. 146, § 253, emerg. eff.

April 30, 2001.

§2-18-196. Actions by Attorney General - Penalties.

The Attorney General may bring action in the district court of

Oklahoma County to recover all fees and penalties due the Sheep and

Wool Utilization, Research and Market Development Commission for

failure of any person to comply with the provisions of the Oklahoma

Sheep and Wool Producers Act. Any person violating any of the

provisions of the Oklahoma Sheep and Wool Producers Act upon

conviction thereof shall be guilty of a misdemeanor.

Added by Laws 1973, c. 164, § 16, emerg. eff. May 16, 1973. Amended

by Laws 2001, c. 146, § 75, emerg. eff. April 30, 2001. Renumbered

from § 1516 of this title by Laws 2001, c. 146, § 253, emerg. eff.

April 30, 2001.

§2-18-240. Short title - Purpose.

A. This subarticle shall be known and may be cited as the

"Oklahoma Sorghum Resources Act".

B. The purpose of the Oklahoma Sorghum Resources Act shall be

to develop programs that will enhance sorghum production, sorghum

research, promoting market development and education, and improving

profitability of Oklahoma sorghum producers.

Added by Laws 1997, c. 151, § 1, emerg. eff. April 25, 1997.

Amended by Laws 2001, c. 146, § 134, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture

Renumbered from § 1850.1 of this title by Laws 2001, c. 146, § 266,

emerg. eff. April 30, 2001.

§2-18-241. Definitions.

As used in the Oklahoma Sorghum Resources Act:

1. "Commercial channels" means the sale of sorghum for any use,

when sold to any commercial buyer, dealer, processor, cooperative,

or to any person, public or private, who resells any sorghum or

product produced from sorghum;

2. "Commercial quantities" means and includes all bushels of

sorghum produced for market in any calendar year by any producer;

3. "Commission" means the Oklahoma Sorghum Commission;

4. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

5. "First purchaser" means any person buying or acquiring after

harvest the property in or to sorghum from a sorghum producer. A

mortgagee, pledgee, lienholder, or other person having a claim

against the sorghum producer under a nonrecourse loan made against

the sorghum after harvest shall be a purchaser. The term "first

purchaser" shall not include a harvesting or threshing lienee;

6. "President" means the President of the State Board of

Agriculture; and

7. "Sorghum producer" or "producer" means an individual engaged

in the production of sorghum, who markets sorghum in commercial

quantities in Oklahoma. Each individual determined to be an entity

pursuant to rules promulgated by the United States Department of

Agriculture Farm Service Agency shall be considered a sorghum

producer.

Added by Laws 1997, c. 151, § 2, emerg. eff. April 25, 1997.

Amended by Laws 2001, c. 146, § 135, emerg. eff. April 30, 2001.

Renumbered from § 1850.2 of this title by Laws 2001, c. 146, § 266,

emerg. eff. April 30, 2001. Amended by Laws 2017, c. 220, § 1, eff.

Nov. 1, 2017.

§2-18-242.

Repealed by Laws 2017, c. 220, § 5, eff. Nov. 1, 2017.

§2-18-243.

Repealed by Laws 2017, c. 220, § 6, eff. Nov. 1, 2017.

§2-18-244.

Repealed by Laws 2017, c. 220, § 7, eff. Nov. 1, 2017.

§2-18-245. Assessment of fees.

A. 1. There is hereby assessed a fee of one cent ($0.01) per

bushel upon all sorghum marketed by sorghum producers in this state

and sold or handled through commercial channels. The fee shall be

assessed and imposed upon the sorghum producer at the time of sale

or delivery and shall be collected and remitted by the first

purchaser to the Commission. Pursuant to the provisions of the

Oklahoma Statutes - Title 2. Agriculture

Oklahoma Sorghum Resources Act, no sorghum shall be subject to

assessment of a fee more than once.

2. No assessments for sorghum shall be collected in accordance

with this section while a national checkoff program for sorghum

established pursuant to 7 CFR 1221 remains in effect. The

collection of assessments in accordance with this section shall be

reinstated upon suspension or termination of the program for sorghum

established pursuant to 7 CFR 1221.

B. 1. The first purchaser shall collect the assessment by

deducting the appropriate amount from the purchase price of the

sorghum or from any funds advanced for that purpose.

2. The Commission, by registered or certified mail, shall

notify each first purchaser of the duty to collect the assessment,

the manner in which the assessment is to be collected, and the date

on or after which the first purchaser is to begin collecting the

assessment.

3. The amount of the assessment collected shall be clearly

shown on the sales invoice or other document evidencing the

transaction. The first purchaser shall furnish a copy of the

document to the sorghum producer.

4. The Commission shall establish through bylaws the procedures

for the collection and remittance of the assessment.

C. Any unexpended balance contained in the Oklahoma Sorghum

Resources Fund as of November 1, 2017, shall be transferred and

deposited to the credit of the General Revenue Fund of the State

Treasury.

Added by Laws 1997, c. 151, § 6, emerg. eff. April 25, 1997.

Amended by Laws 2001, c. 146, § 139, emerg. eff. April 30, 2001.

Renumbered from § 1850.6 of this title by Laws 2001, c. 146, § 266,

emerg. eff. April 30, 2001. Amended by Laws 2008, c. 57, § 1, eff.

July 1, 2008; Laws 2017, c. 220, § 2, eff. Nov. 1, 2017.

§2-18-246. Report and remittance of fees.

A. The first purchaser shall render and have on file a report

along with remittance of the fees collected pursuant to the Oklahoma

Sorghum Resources Act on the fifteenth of each calendar quarter.

The report shall include the total amount of fees assessed by the

first purchaser, the total amount of sorghum purchased and other

information as may be required by the Oklahoma Sorghum Commission.

B. If the first purchaser fails to make a report and remittance

as required by the Oklahoma Sorghum Resources Act, the Commission

shall determine the amount collected and owed by the first

purchaser, which shall be prima facie correct. Any first purchaser

having failed to make the report as required by the Oklahoma Sorghum

Resources Act shall, within ten (10) days after notice of the

computed collection amount established by the Commission is mailed

to the first purchaser, pay the computed collection amount, together

Oklahoma Statutes - Title 2. Agriculture

with a penalty of five percent (5%) of the computed collection

amount. The first purchaser may dispute the computed collection

amount established by the Commission and request the Commission to

hold a hearing to redetermine the amount of the computed collection

and the penalty to be imposed. No payment shall be made until the

Commission enters its order determining the amount of payment. The

payment of the determined collection amount and penalty shall be

paid within ten (10) days of notice of the decision.

C. At any time the Oklahoma Department of Agriculture, Food,

and Forestry may request an audit of the first purchaser to

determine whether the collection and proper disposition of the

collected assessment were made pursuant to the provisions of the

Oklahoma Sorghum Resources Act.

D. The first purchaser shall retain any records or reports

relating to the collection of the assessment for at least three (3)

years.

Added by Laws 1997, c. 151, § 7, emerg. eff. April 25, 1997.

Amended by Laws 2001, c. 146, § 140, emerg. eff. April 30, 2001.

Renumbered from § 1850.7 of this title by Laws 2001, c. 146, § 266,

emerg. eff. April 30, 2001. Amended by Laws 2017, c. 220, § 3, eff.

Nov. 1, 2017.

§2-18-247.

Repealed by Laws 2017, c. 220, § 8, eff. Nov. 1, 2017.

§2-18-248. Refund of fees.

A. Any sorghum producer subject to the assessment provided in

the Oklahoma Sorghum Resources Act may request a refund of the fees

so assessed, within sixty (60) days following the collection of the

fee. Any sorghum producer requesting a refund shall make

application to the Oklahoma Sorghum Commission for the refund of the

assessment. Along with the application, the sorghum producer shall

submit the evidence of payment of the fee and of the amount of

sorghum sold required by the Commission. The Commission may verify

the accuracy of the request for the refund.

B. Upon receipt of the application for a refund and evidence

required, the Commission shall refund the amount of the assessment

owed to the producer within thirty (30) days of the date the refund

request was received and the Commission received payment from the

first purchaser.

Added by Laws 1997, c. 151, § 9, emerg. eff. April 25, 1997.

Amended by Laws 2001, c. 146, § 142, emerg. eff. April 30, 2001.

Renumbered from § 1850.9 of this title by Laws 2001, c. 146, § 266,

emerg. eff. April 30, 2001.

§2-18-249.

Repealed by Laws 2017, c. 220, § 9, eff. Nov. 1, 2017.

§2-18-250.

Repealed by Laws 2017, c. 220, § 10, eff. Nov. 1, 2017.

Oklahoma Statutes - Title 2. Agriculture

§2-18-251. Referendum on assessments.

A. Sorghum producers may petition for a referendum to determine

if the assessment is to be continued, at any time. The President of

the State Board of Agriculture shall call and conduct a referendum

if the petitions bear signatures of ten percent (10%) of the sorghum

producers. No more than one referendum shall be conducted in any

one thirty-six-month period. The Oklahoma Department of

Agriculture, Food, and Forestry shall determine if the petition

bears the required number of valid signatures. The President shall

announce the referendum at least thirty (30) days prior to the day

of voting. At least thirty (30) days before the referendum, the

Department shall mail a notice of the referendum to all known

sorghum producers in the State of Oklahoma who market sorghum in

commercial quantities. The notice shall specify the dates, times,

and places for holding the referendum, and shall include a sample

ballot with the following wording:

DO YOU FAVOR A CONTINUATION OF THE ONE CENT ($0.01) PER BUSHEL

ASSESSMENT ON SORGHUM MARKETED IN OKLAHOMA FOR UTILIZATION,

RESEARCH, EDUCATION, PROMOTION, AND MARKET DEVELOPMENT?

YES ( )

NO ( )

B. Places within each county for conducting the referendum

shall be designated by the Agricultural Extension Division of

Oklahoma State University, and voting in each county shall be

supervised by the county agricultural extension agent, or person

designated by the Department. The Oklahoma Sorghum Commission shall

ensure sufficient ballots and supplies necessary for the conduct of

the voting and tabulation of returns. Certified results of the

referendum in each district shall be transmitted within twenty-four

(24) hours after voting ends to the President, and the ballots shall

be transmitted to the President within forty-eight (48) hours.

Ballots shall be preserved by the President for a period of at least

three (3) months.

C. 1. The results of the referendum shall be determined by the

President, and the results certified to the Governor who shall issue

a proclamation declaring the results.

2. The Commission shall bear expenses of advertising and

conducting the referendum.

D. Whenever the question of levying the assessments is

disapproved, by failure of sixty percent (60%) of the sorghum

producers voting in the referendum to favor continuation of the

assessments, the proclamation declaring the result shall provide for

the termination of the assessments on April 30, following the date

of the referendum.

Added by Laws 1997, c. 151, § 12, emerg. eff. April 25, 1997.

Amended by Laws 2001, c. 146, § 145, emerg. eff. April 30, 2001.

Renumbered from § 1850.12 of this title by Laws 2001, c. 146, § 266,

Oklahoma Statutes - Title 2. Agriculture

emerg. eff. April 30, 2001.

Nov. 1, 2017.

Amended by Laws 2017, c. 220, § 4, eff.

§2-18-270. Short title - Purpose.

A. This act shall be known and may be cited as the "Oklahoma

Oilseed Resources Act".

B. The purpose of the Oklahoma Oilseed Resources Act shall be

to develop programs that will enhance oilseed production, oilseed

research, promoting market development and education, and improving

profitability of Oklahoma oilseed producers.

Added by Laws 2008, c. 154, § 1, eff. Nov. 1, 2008.

§2-18-271. Definitions.

As used in the Oklahoma Oilseed Resources Act:

1. "Commercial channels" means the sale of oilseed for any use,

when sold to any commercial buyer, dealer, processor, cooperative,

or to any person, public or private, who resells any oilseed or

product produced from oilseed;

2. "Commercial quantities" means and includes all

hundredweights (CWT) of oilseed produced for market in any calendar

year by any producer;

3. "Commission" means the Oklahoma Oilseed Commission;

4. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

5. "First purchaser" means any person buying or acquiring after

harvest the property in or to oilseed from an oilseed producer. A

mortgagee, pledgee, lienholder, or other person having a claim

against the oilseed producer under a nonrecourse loan made against

the oilseed after harvest shall be a purchaser. The term "first

purchaser" shall not include a harvesting or threshing lienee;

6. "President" means the President of the State Board of

Agriculture;

7. "Oilseed" means any seed or crop grown primarily or mainly

for oil; and

8. "Oilseed producer" or "producer" means an individual engaged

in the production of oilseed, who markets oilseed in commercial

quantities in Oklahoma. Each individual determined to be an entity

pursuant to rules promulgated by the United States Department of

Agriculture Farm Service Agency shall be considered an oilseed

producer.

Added by Laws 2008, c. 154, § 2, eff. Nov. 1, 2008. Amended by Laws

2017, c. 117, § 1, eff. Nov. 1, 2017.

§2-18-272.

Repealed by Laws 2017, c. 117, § 6, eff. Nov. 1, 2017.

§2-18-273.

Repealed by Laws 2017, c. 117, § 6, eff. Nov. 1, 2017.

Oklahoma Statutes - Title 2. Agriculture

§2-18-274.

Repealed by Laws 2017, c. 117, § 6, eff. Nov. 1, 2017.

§2-18-275. Oilseed fee – Collection of assessment.

A. There is hereby assessed a fee to be determined by each

oilseed subcommittee for oilseed marketed by oilseed producers in

this state and sold or handled through commercial channels. The fee

shall be assessed and imposed upon the oilseed producer at the time

of sale or delivery and shall be collected and remitted by the first

purchaser to the Oklahoma Oilseed Commission. Pursuant to the

provisions of the Oklahoma Oilseed Resources Act, no oilseed shall

be subject to assessment of a fee more than once including a

national checkoff. If the assessment of a national checkoff fee

ceases to exist, an Oklahoma assessment shall then be implemented.

B. 1. The first purchaser shall collect the assessment by

deducting the appropriate amount from the purchase price of the

oilseed or from any funds advanced for that purpose.

2. The amount of the assessment collected shall be clearly

shown on the sales invoice or other document evidencing the

transaction. The first purchaser shall furnish a copy of the

document to the oilseed producer.

Added by Laws 2008, c. 154, § 6, eff. Nov. 1, 2008. Amended by Laws

2017, c. 117, § 2, eff. Nov. 1, 2017.

§2-18-276. Report and remittance of fees – Failure to report –

Audit – Retention of records and reports.

A. The first purchaser shall render and have on file a report

along with remittance of the fees collected pursuant to the Oklahoma

Oilseed Resources Act on the fifteenth of each calendar quarter.

The report shall include the total amount of fees assessed by the

first purchaser, the total amount of oilseed purchased and other

information as may be required by the Oklahoma Oilseed Commission.

B. If the first purchaser fails to make a report and remittance

as required by the Oklahoma Oilseed Resources Act, the Commission

shall determine the amount collected and owed by the first

purchaser, which shall be prima facie correct. Any first purchaser

having failed to make the report as required by the Oklahoma Oilseed

Resources Act shall, within ten (10) days after notice of the

computed collection amount established by the Commission is mailed

to the first purchaser, pay the computed collection amount, together

with a penalty of five percent (5%) of the computed collection

amount. The first purchaser may dispute the computed collection

amount established by the Commission and request the Commission to

hold a hearing to redetermine the amount of the computed collection

and the penalty to be imposed. No payment shall be made until the

Commission enters its order determining the amount of payment. The

payment of the determined collection amount and penalty shall be

paid within ten (10) days of notice of the decision.

Oklahoma Statutes - Title 2. Agriculture

C. At any time the Oklahoma Department of Agriculture, Food,

and Forestry may request an audit of the first purchaser to

determine whether the collection and proper disposition of the

collected assessment were made pursuant to the provisions of the

Oklahoma Oilseed Resources Act.

D. The first purchaser shall retain any records or reports

relating to the collection of the assessment for at least three (3)

years.

Added by Laws 2008, c. 154, § 7, eff. Nov. 1, 2008. Amended by Laws

2017, c. 117, § 3, eff. Nov. 1, 2017.

§2-18-277. Annual report to Secretary of Agriculture.

A. The chair of the Oklahoma Oilseed Commission shall make an

annual report to the Secretary of Agriculture, within forty-five

(45) days after June 30 of each year, showing in detail all income

and expenditures and any other facts relevant to the Oklahoma

Oilseed Resources Act. The annual report shall include a list of

all officers and any employees of the Commission and shall indicate

the official positions of officers and any employees and salaries

paid.

B. The report shall be available to the public. A copy shall

be sent upon request to any producer upon whom the assessment is

assessed.

C. All records of the Commission shall be kept at least three

(3) years.

Added by Laws 2008, c. 154, § 8, eff. Nov. 1, 2008.

§2-18-278. Refund of fees.

A. Any oilseed producer subject to the assessment provided in

the Oklahoma Oilseed Resources Act may request a refund of the fees

so assessed, within sixty (60) days following the collection of the

fee. Any oilseed producer requesting a refund shall make

application to the Oklahoma Oilseed Commission for the refund of the

assessment. Along with the application, the oilseed producer shall

submit the evidence of payment of the fee and of the amount of

oilseed sold required by the Commission. The Commission may verify

the accuracy of the request for the refund.

B. Upon receipt of the application for a refund and evidence

required, the Commission shall refund the amount of the assessment

owed to the producer within thirty (30) days of the date the refund

request was received and the Commission received payment from the

first purchaser.

Added by Laws 2008, c. 154, § 9, eff. Nov. 1, 2008.

§2-18-279. Oklahoma Oilseed Resources Fund.

There is created until November 1, 2017, the Oklahoma Oilseed

Resources Fund. The Oklahoma Oilseed Resources Fund shall be

Oklahoma Statutes - Title 2. Agriculture

administered by the Oklahoma Oilseed Commission for the benefit of

the oilseed producers in this state for the purposes specified by

the Oklahoma Oilseed Resources Act. The Oklahoma Oilseed Resources

Fund shall be established and maintained in a bank or other

depository as approved by the Commission and the President of the

State Board of Agriculture. Any unexpended balance contained in the

revolving fund designated for the Oklahoma Oilseed Commission on

November 1, 2017, shall be transferred and deposited to the credit

of the General Revenue Fund of the State Treasury.

Added by Laws 2008, c. 154, § 10, eff. Nov. 1, 2008. Amended by

Laws 2017, c. 117, § 4, eff. Nov. 1, 2017.

§2-18-280.

Repealed by Laws 2017, c. 117, § 6, eff. Nov. 1, 2017.

§2-18-281. Referendum to continue assessment.

A. Oilseed producers may petition for a referendum to determine

if the assessment is to be continued at any time. The President of

the State Board of Agriculture shall call and conduct a referendum

if the petitions bear signatures of ten percent (10%) of the oilseed

producers. No more than one referendum shall be conducted in any

one thirty-six-month period. The Oklahoma Department of

Agriculture, Food, and Forestry shall determine if the petition

bears the required number of valid signatures. The President shall

announce the referendum at least thirty (30) days prior to the day

of voting. At least thirty (30) days before the referendum, the

Department shall mail a notice of the referendum to all known

oilseed producers in the State of Oklahoma who market oilseed in

commercial quantities. The notice shall specify the dates, times,

and places for holding the referendum, and shall include a sample

ballot with the following wording:

DO YOU FAVOR A CONTINUATION OF THE THREE CENTS ($0.03) PER

HUNDREDWEIGHT (CWT) ASSESSMENT ON OILSEED MARKETED IN OKLAHOMA

FOR UTILIZATION, RESEARCH, EDUCATION, PROMOTION, AND MARKET

DEVELOPMENT?

YES ( )

NO ( )

B. Places within each county for conducting the referendum

shall be designated by the Agricultural Extension Division of

Oklahoma State University, and voting in each county shall be

supervised by the county agricultural extension agent, or person

designated by the Department. The Oklahoma Oilseed Commission shall

ensure sufficient ballots and supplies necessary for the conduct of

the voting and tabulation of returns. Certified results of the

referendum in each district shall be transmitted within twenty-four

(24) hours after voting ends to the President, and the ballots shall

be transmitted to the President within forty-eight (48) hours.

Ballots shall be preserved by the President for a period of at least

three (3) months.

Oklahoma Statutes - Title 2. Agriculture

C. 1. The results of the referendum shall be determined by the

President, and the results certified to the Governor who shall issue

a proclamation declaring the results.

2. The Commission shall bear expenses of advertising and

conducting the referendum.

D. Whenever the question of levying the assessments is

disapproved, by failure of sixty percent (60%) of the oilseed

producers voting in the referendum to favor continuation of the

assessments, the proclamation declaring the result shall provide for

the termination of the assessments on April 30, following the date

of the referendum.

Added by Laws 2008, c. 154, § 12, eff. Nov. 1, 2008. Amended by

Laws 2017, c. 117, § 5, eff. Nov. 1, 2017.

§2-18-300. Short title - Oklahoma Wheat Resources Act.

Sections 18-300 through 18-317 of this title shall be known and

may be cited as the "Oklahoma Wheat Resources Act".

Added by Laws 1965, c. 59, § 1, emerg. eff. April 7, 1965. Amended

by Laws 2001, c. 146, § 19, emerg. eff. April 30, 2001. Renumbered

from § 1021 of this title by Laws 2001, c. 146, § 250, emerg. eff.

April 30, 2001. Amended by Laws 2014, c. 1, § 27, eff. July 1,

2014; Laws 2016, c. 269, § 2, eff. Nov. 1, 2016.

§2-18-301.

Repealed by Laws 2016, c. 269, § 13, eff. Nov. 1, 2016.

§2—18-302. Definitions.

As used in the Oklahoma Wheat Resources Act, unless the context

otherwise requires:

1. "Commission" means the Oklahoma Wheat Commission;

2. "Wheat producer" means anyone personally engaged in growing

wheat, who markets wheat in commercial quantities in Oklahoma, and

includes both the owner and tenant;

3. "Commercial quantities" means and includes all bushels of

wheat produced for market in any calendar year by a producer;

4. "First purchaser" means any person, public or private

corporation, or partnership buying, accepting for shipment within

the state or otherwise acquiring the property in or to wheat from a

producer, and includes a mortgagee, pledgee, lienor, or other

person, public or private, having a claim against the producer, if

the actual or constructive possession of such wheat is taken as part

payment or in satisfaction of such mortgage, pledge, lien or claim;

and

5. "Commercial channels" means the sale of wheat for any use,

when sold to any commercial buyer, dealer, processor, cooperative,

or to any person, public or private, who resells any wheat or

product produced from wheat.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1965, c. 59, § 3, emerg. eff. April 7, 1965. Amended

by Laws 1981, c. 298, § 1, emerg. eff. June 29, 1981; Laws 2001, c.

146, § 21, emerg. eff. April 30, 2001. Renumbered from § 1023 of

this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001.

Amended by Laws 2016, c. 269, § 3, eff. Nov. 1, 2016.

§2-18-303.

Repealed by Laws 2016, c. 269, § 13, eff. Nov. 1, 2016.

§2-18-304.

Repealed by Laws 2016, c. 269, § 13, eff. Nov. 1, 2016.

§2-18-305.

Repealed by Laws 2016, c. 269, § 13, eff. Nov. 1, 2016.

§2-18-306.

Repealed by Laws 2016, c. 269, § 13, eff. Nov. 1, 2016.

§2-18-307. Public policy.

It is hereby declared to be the public policy of the State of

Oklahoma to protect and foster the health, prosperity, and general

welfare of its people by protecting and stabilizing the wheat

industry and the economy of the areas producing wheat.

Added by Laws 1965, c. 59, § 9, emerg. eff. April 7, 1965. Amended

by Laws 1981, c. 298, § 5, emerg. eff. June 29, 1981; Laws 1985, c.

178, § 2, operative July 1, 1985; Laws 2001, c. 146, § 26, emerg.

eff. April 30, 2001. Renumbered from § 1029 of this title by Laws

2001, c. 146, § 250, emerg. eff. April 30, 2001. Amended by Laws

2016, c. 269, § 4, eff. Nov. 1, 2016.

§2-18-308. Promotional fee - Assessment and allocation.

A. The Oklahoma Wheat Commission shall assess a fee upon all

wheat marketed by wheat producers in this state and sold through

commercial channels. The fee is assessed and imposed on the

producer at the time of sale or delivery, and shall be collected and

remitted by the first purchaser to the Oklahoma Wheat Commission.

Under the provisions of the Oklahoma Wheat Resources Act, no wheat

shall be subject to a fee more than once.

B. The Commission shall allocate twenty percent (20%) of the

fee levied and collected pursuant to subsection A of this section to

the Oklahoma Wheat Research Foundation for the purpose of conducting

wheat research, including, but not limited to, utilization and

educational projects, less the cost of collecting the fee, such cost

not to exceed fifty percent (50%) of the total of the office rental

and clerical costs, and the costs of supplies and postage and such

cost to be prorated on the basis of eighty percent (80%) to the

Commission and twenty percent (20%) to the Oklahoma Wheat Research

Foundation.

C. In order for the Oklahoma Wheat Research Foundation to

qualify for the allocation of twenty percent (20%) of collected

fees, the Commission shall appoint a member of the Oklahoma Wheat

Oklahoma Statutes - Title 2. Agriculture

Commission to the Oklahoma Wheat Research Foundation board of

directors.

D. Any unexpended balance contained in the revolving fund

designated for the Wheat Utilization, Research and Market

Development Commission as of November 1, 2016, shall be transferred

and deposited to the credit of the General Revenue Fund of the State

Treasury.

Added by Laws 1965, c. 59, § 10, emerg. eff. April 7, 1965. Amended

by Laws 1976, c. 91, § 1, emerg. eff. May 6, 1976; Laws 1978, c.

145, § 1, emerg. eff. April 5, 1978; Laws 1981, c. 298, § 6, emerg.

eff. June 29, 1981; Laws 1998, c. 16, § 1, eff. July 1, 1998; Laws

2001, c. 146, § 27, emerg. eff. April 30, 2001. Renumbered from §

1030 of this title by Laws 2001, c. 146, § 250, emerg. eff. April

30, 2001. Amended by Laws 2011, c. 87, § 1, eff. Jan. 1, 2012; Laws

2016, c. 269, § 5, eff. Nov. 1, 2016; Laws 2023, c. 195, § 1, eff.

Nov. 1, 2023.

§2-18-309. Referendum to determine continuation of fee.

A. Producers may petition for a referendum at any time after

five (5) years following the effective date of the Oklahoma Wheat

Resources Act to determine if the assessment is to be continued.

B. The President of the State Board of Agriculture shall call

and conduct a referendum if the petitions bear signatures of ten

percent (10%) of the wheat producers. No more than one such

referendum shall be conducted in any one thirty-six-month period.

The State Board of Agriculture shall determine if the petition bears

the required number of valid signatures. The President shall

announce the referendum at least thirty (30) days prior to the day

of voting. At least thirty (30) days before the referendum, the

President shall mail a notice of the referendum to all known wheat

producers in the State of Oklahoma who market wheat in commercial

quantities. The notice shall specify the dates, times, and places

for holding the referendum. The notice shall also include a sample

ballot with the following wording:

DO YOU FAVOR A CONTINUATION OF THE FEE ASSESSMENT ON WHEAT

MARKETED IN OKLAHOMA FOR UTILIZATION, RESEARCH AND MARKET

DEVELOPMENT?

YES ( )

NO ( )

C. Places within each county for conducting the referendum

shall be designated by the Agricultural Extension Division of

Oklahoma State University. Voting in each county shall be

supervised by the county agricultural extension agent, or a person

designated by the Extension Division in cases where there is no

county agent in a county at the time of the referendum.

D. The Oklahoma Wheat Commission shall ensure sufficient

ballots and supplies necessary for conducting the voting and the

tabulation of returns.

Oklahoma Statutes - Title 2. Agriculture

E. Certified results of the referendum in each county shall be

transmitted within twenty-four (24) hours after voting ends to the

President of the State Board of Agriculture. The ballots shall be

transmitted to the President within forty-eight (48) hours. Ballots

shall be preserved by the President for a period of at least three

(3) months.

F. The results of the referendum shall be determined by the

President and the results certified to the Governor, who shall issue

a proclamation declaring the results.

G. The Commission shall bear expenses of advertising and

conducting the referendum.

H. Whenever the question of levying the assessments is

disapproved, by failure of sixty percent (60%) of the producers

voting in the referendum to favor continuation of the assessments,

the proclamation declaring the result shall provide for the

termination of the assessments on April 30, following the date of

the referendum.

I. Thirty (30) days after termination of the assessment, all

remaining funds of the Commission shall be transferred to the

Experiment Stations of Oklahoma State University, to be used for

continued research on wheat.

Added by Laws 1965, c. 59, § 11, emerg. eff. April 7, 1965. Amended

by Laws 1981, c. 298, § 7, emerg. eff. June 29, 1981; Laws 1998, c.

16, § 2, eff. July 1, 1998; Laws 2001, c. 146, § 28, emerg. eff.

April 30, 2001. Renumbered from § 1031 of this title by Laws 2001,

c. 146, § 250, emerg. eff. April 30, 2001. Amended by Laws 2011, c.

87, § 2, eff. Jan. 1, 2012; Laws 2016, c. 269, § 6, eff. Nov. 1,

2016; Laws 2023, c. 195, § 2, eff. Nov. 1, 2023.

§2-18-310. Pledge or mortgage of wheat - Deduction of fee.

A. In the case of a pledge or mortgage of wheat as security for

a loan under the federal price support program, the promotional fee

levied pursuant to the provisions of the Oklahoma Wheat Resources

Act shall be deducted from the proceeds of such loans at the time

the loans are made, or shall be deducted thereafter by agencies of

the federal government. Any producer’s note and loan agreement or

producer’s note and supplemental loan agreement or delivery

instructions issued by the federal agency to the producer are hereby

approved as fulfilling the requirements for invoices, and such forms

shall be deemed to constitute proof of payment of the promotional

fee on the wheat listed thereon.

B. Supplemental or alternate forms which may be proposed by the

Commodity Credit Corporation and contained the necessary information

may be used without revision of the Oklahoma Wheat Resources Act.

C. The Commodity Credit Corporation's use of identification

numbers in lieu of the name of the producer from whom the fee was

collected is hereby approved, provided that authorized officials of

Oklahoma Statutes - Title 2. Agriculture

the State of Oklahoma will have access at all reasonable times to

records in the county agricultural stabilization and conservation

offices showing the names of producers to whom such identification

numbers have been assigned.

D. If pledged or mortgaged wheat, described in subsection A of

this section, remains in farm storage for the duration of the pledge

or mortgage, the promotional fee so paid at the time the loan was

made shall be deemed a complete satisfaction of the fee liability

unless upon subsequent actual delivery of the wheat from farm

storage in satisfaction of the pledge, or mortgage in the amount of

One Dollar ($1.00) or more, such underpayment being due solely for

the necessity of estimating the quantity of wheat so placed in farm

storage.

E. In connection with the collection of the wheat promotional

fee on Commodity Credit Corporation wheat loans disbursed and

purchase agreement settlement made, undercollections or

overcollections of the wheat promotional fee amounting to One Dollar

($1.00) or less as a result of errors, will not require collection

of the underpayment or refund of the overpayment by Commodity Credit

Corporation and their responsibility in such cases shall be waived.

Added by Laws 1965, c. 59, § 12, emerg. eff. April 7, 1965. Amended

by Laws 1981, c. 298, § 8, emerg. eff. June 29, 1981; Laws 2001, c.

146, § 29, emerg. eff. April 30, 2001. Renumbered from § 1032 of

this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001.

§2-18-311. Report and remittance.

A. The purchaser shall render and have on file a report with

the Oklahoma Wheat Utilization, Research and Market Development

Commission by the fifteenth day of each calendar quarter following

any calendar quarter in which such a purchaser has purchased ten

thousand (10,000) or more bushels of wheat. If less than ten

thousand (10,000) bushels have been purchased, in any calendar

quarter, the fee may be reported and remitted with the following

quarter's return, except that all fees collected must be remitted at

least once every six (6) months.

B. In case any person, business or entity, public or private,

subject to the fee, fails to make a report and remittance as

required, the Director of the Commission shall determine the amount

of the fee according to his or her best judgment and information.

The amount so fixed by the Director shall be prima facie correct.

The person having failed to make the report shall, within ten (10)

days after notice of the amount of the fee so fixed and computed by

the Director is mailed to such person, pay the fee, together with a

penalty of five percent (5%) on the amount of the fee. The person

may dispute the fee as fixed by the Director and request the

Commission to hold a hearing to determine the amount of the fee and

penalty to be imposed. No payment shall be made until the

Oklahoma Statutes - Title 2. Agriculture

Commission enters its order determining the amount of the payment.

When the Commission determines the amount of the payment, the

payment shall be paid within ten (10) days of notice of such

decision.

Added by Laws 1965, c. 59, § 13, emerg. eff. April 7, 1965. Amended

by Laws 2001, c. 146, § 30, emerg. eff. April 30, 2001. Renumbered

from § 1033 of this title by Laws 2001, c. 146, § 250, emerg. eff.

April 30, 2001.

§2-18-312. Annual reports.

The Oklahoma Wheat Research Foundation shall make an annual

report to the chair of the Commission, within fifteen (15) days

after June 30 of each year, showing disposition of all funds

allocated to it under the provisions of the Oklahoma Wheat Resources

Act.

Added by Laws 1965, c. 59, § 14, emerg. eff. April 7, 1965. Amended

by Laws 1976, c. 91, § 2, emerg. eff. May 6, 1976; Laws 1981, c.

298, § 9, emerg. eff. June 29, 1981; Laws 2001, c. 146, § 31, emerg.

eff. April 30, 2001. Renumbered from § 1034 of this title by Laws

2001, c. 146, § 250, emerg. eff. April 30, 2001. Amended by Laws

2016, c. 269, § 7, eff. Nov. 1, 2016.

§2-18-313. Refunds.

A. Any wheat producer subject to the assessment provided in the

Oklahoma Wheat Resources Act may request a refund of the fees so

assessed within sixty (60) days following the collection of the fee.

Any wheat producer requesting a refund shall make application to the

Oklahoma Wheat Commission for the refund of the assessment. Along

with the application, the wheat producer shall submit the evidence

of payment of the fee and of the amount of wheat sold required by

the Commission. The Commission may verify the accuracy of the

request for the refund.

B. Upon receipt of the application for a refund and evidence

required, the Commission shall refund the amount of the assessment

owed to the producer within thirty (30) days of the date the refund

request was received and the Commission received payment from the

first purchaser.

Added by Laws 1965, c. 59, § 15, emerg. eff. April 7, 1965. Amended

by Laws 1982, c. 30, § 2, operative July 1, 1982; Laws 2001, c. 146,

§ 32, emerg. eff. April 30, 2001. Renumbered from § 1035 of this

title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001.

Amended by Laws 2006, c. 68, § 1, eff. Nov. 1, 2006.

§2-18-314.

Repealed by Laws 2016, c. 269, § 13, eff. Nov. 1, 2016.

§2-18-315.

Repealed by Laws 2016, c. 269, § 13, eff. Nov. 1, 2016.

Oklahoma Statutes - Title 2. Agriculture

§2-18-316.

Repealed by Laws 2016, c. 269, § 13, eff. Nov. 1, 2016.

§2-18-317. Violations.

Any person violating any of the provisions of the Oklahoma Wheat

Resources Act shall be guilty of a misdemeanor.

Added by Laws 1965, c. 59, § 18, emerg. eff. April 7, 1965. Amended

by Laws 2001, c. 146, § 36, emerg. eff. April 30, 2001. Renumbered

from § 1038 of this title by Laws 2001, c. 146, § 250, emerg. eff.

April 30, 2001.

§2-18-401. Short title - Eastern Redcedar Management Act.

Sections 18-401 through 18-408 of this title shall be known and

may be cited as the "Eastern Redcedar Management Act".

Added by Laws 2010, c. 454, § 2, eff. July 1, 2010. Amended by Laws

2018, c. 13, § 1, eff. Nov. 1, 2018 and Laws 2018, c. 43, § 1, eff.

Nov. 1, 2018.

NOTE: Laws 2018, c. 13, § 1 and Laws 2018, c. 43, § 1 made

identical amendments to this section.

§2-18-402. Legislative intent.

It is the intent of the Legislature to:

1. Create the Eastern Redcedar Directory;

2. Provide for a directory for Eastern Redcedar trees in the

state, including but not limited to the location, ownership, level

of infestation and average size of the trees;

3. Promote the harvesting of Eastern Redcedars through

registration in the directory and a property owner and harvester

information exchange; and

4. Promote marketing, research and education efforts concerning

the Eastern Redcedar tree and Eastern Redcedar products.

Added by Laws 2010, c. 454, § 3, eff. July 1, 2010. Amended by Laws

2018, c. 13, § 2, eff. Nov. 1, 2018.

NOTE: Laws 2018, c. 43, § 2 repealed by Laws 2019, c. 25, § 1,

emerg. eff. April 4, 2019.

§2-18-403. Repealed by Laws 2018, c. 13, § 7, eff. Nov. 1, 2018 and

by Laws 2018, c. 43, § 7, eff. Nov. 1, 2018.

§2-18-404. Duties of the Oklahoma Department of Agriculture, Food,

and Forestry.

A. The Oklahoma Department of Agriculture, Food, and Forestry

shall consult with the Oklahoma Conservation Commission and the

United States Department of Agriculture Natural Resources

Conservation Service to establish procedures and standards and

oversee the following:

1. The administration of the Eastern Redcedar Directory for

Eastern Redcedar trees in the state. Private landowners in the

Oklahoma Statutes - Title 2. Agriculture

state may register the location of their property, the level of

infestation of Eastern Redcedar trees on the property, and average

size of the trees on the property. The Department shall develop and

implement a directory for landowners;

2. Promote the harvesting of Eastern Redcedar trees. Persons

or entities involved in the harvesting of Eastern Redcedar trees or

the manufacturing of products from Eastern Redcedar trees may

register with the Department. The Department shall develop and

implement a directory for harvesters and manufacturers;

3. Promote the development of new uses and markets for Eastern

Redcedar trees and Eastern Redcedar products;

4. Promote marketing, research and education efforts concerning

the Eastern Redcedar tree and Eastern Redcedar products;

5. Cooperate with any local, state, regional, or nationwide

organization or agency engaged in work or activities consistent with

the objectives of the Eastern Redcedar Management Act;

6. Assist communities located in any county in the state to

organize and establish community-owned Eastern Redcedar projects in

the community and to recruit and locate private for-profit Eastern

Redcedar businesses in the community including but not limited to

harvesting operations, biofuel plants, cedar oil manufacturing

facilities, or other cedar product manufacturing facilities. The

Department shall assist in securing financing, infrastructure and

other resources. The Department shall also provide direction and

assistance to the community-based projects and individually owned

businesses on steps to take in order to qualify for existing sales

tax credits and income tax credits;

7. Provide a process for the transfer of donated Eastern

Redcedar trees from landowners to harvesters and manufacturers

listed in the Department's directory; and

8. Take any other actions necessary to implement the Eastern

Redcedar Management Act.

B. The Department and all landowners and harvesters shall

comply with all applicable provisions of Article 16 of this title,

known as the Oklahoma Forestry Code, when managing and harvesting

Eastern Redcedar trees.

Added by Laws 2010, c. 454, § 5, eff. July 1, 2010. Amended by Laws

2018, c. 43, § 3, eff. Nov. 1, 2018.

NOTE: Laws 2018, c. 13, § 3 repealed by Laws 2019, c. 25, § 2,

emerg. eff. April 4, 2019.

§2-18-405. Repealed by Laws 2018, c. 13, § 8, eff. Nov. 1, 2018 and

by Laws 2018, c. 43, § 7, eff. Nov. 1, 2018.

§2-18-406. Harvesting of Eastern Redcedar trees.

Eastern Redcedar trees removed from lands owned by any state

agency or any person or entity with authority to remove the trees

Oklahoma Statutes - Title 2. Agriculture

from state-owned lands may be provided to harvesters listed in the

Oklahoma Department of Agriculture, Food, and Forestry's directory

in a manner consistent with Section 16-57 of this title.

Added by Laws 2010, c. 454, § 7, eff. July 1, 2010. Amended by Laws

2018, c. 13, § 4, eff. Nov. 1, 2018 and Laws 2018, c. 43, § 4, eff.

Nov. 1, 2018.

NOTE: Laws 2018, c. 13, § 4 and Laws 2018, c. 43, § 4 made

identical amendments to this section.

§2-18-407. Eastern Redcedar Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Eastern Redcedar Management Act to be designated the

"Eastern Redcedar Revolving Fund". The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

all monies received by the Oklahoma Department of Agriculture, Food,

and Forestry from the state income tax checkoff as provided for in

Section 18-408 of this title, the special license plate issued

pursuant to Section 1135.5 of Title 47 of the Oklahoma Statutes, any

state-appropriated funds, federal funds, donations, grants,

contributions, and gifts from any public or private source. All

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the Department for the purposes

set forth in the Eastern Redcedar Management Act. Expenditures from

said fund shall be made upon warrants issued by the State Treasurer

against claims filed as prescribed by law with the Director of the

Office of Management and Enterprise Services for approval and

payment.

Added by Laws 2010, c. 454, § 8, eff. July 1, 2010. Amended by Laws

2012, c. 304, § 19; Laws 2018, c. 13, § 5, eff. Nov. 1, 2018 and

Laws 2018, c. 43, § 5, eff. Nov. 1, 2018.

NOTE: Laws 2018, c. 13, § 5 and Laws 2018, c. 43, § 5 made

identical amendments to this section.

§2-18-408. Contributing to Eastern Redcedar Revolving Fund - State

income tax return.

A. Each individual taxpayer required to file a state income tax

return who desires to contribute to the Eastern Redcedar Revolving

Fund, as created in Section 18-407 of this title, may designate the

contribution on the appropriate income tax form. The contribution

may not increase or decrease the income or liability of the taxpayer

and may be made by reducing the income tax refund of a taxpayer by

the amount designated or by accepting additional payment from the

taxpayer by the amount designated, whichever is appropriate.

B. 1. The Oklahoma Tax Commission shall include on each state

individual income tax return form for tax years beginning after

December 31, 2010, an opportunity for the taxpayer to donate for the

benefit of the Eastern Redcedar Revolving Fund. The instructions

Oklahoma Statutes - Title 2. Agriculture

accompanying the income tax form shall be provided to the Oklahoma

Tax Commission by the Oklahoma Department of Agriculture, Food, and

Forestry and shall contain a description of the purpose for which

the Eastern Redcedar Revolving Fund was established and information

on the use of monies from the income tax contribution.

2. Taxpayers who are entitled to refunds shall have the refunds

reduced by the amount designated by the taxpayer. The Oklahoma Tax

Commission shall annually determine the total amount designated plus

the amount received in excess payments and shall report the total

amount to the Office of the State Treasurer. The State Treasurer

shall credit the total amount to the Eastern Redcedar Revolving Fund

created in Section 18-407 of this title at the earliest possible

time.

C. The incremental cost of administration of contributions

shall be paid out of the fund to the Oklahoma Tax Commission from

amounts received pursuant to this section before funds are expended

for the purposes of the fund.

Added by Laws 2010, c. 454, § 9, eff. July 1, 2010. Amended by Laws

2018, c. 13, § 6, eff. Nov. 1, 2018 and Laws 2018, c. 43, § 6, eff.

Nov. 1, 2018.

NOTE: Laws 2018, c. 13, § 6 and Laws 2018, c. 43, § 6 made

identical amendments to this section.

§2-19-1. State-federal cooperative agreement - Grading of fruits,

nuts, and vegetables.

A. The Oklahoma Department of Agriculture, Food, and Forestry

may enter into any cooperative agreement with the United States

Department of Agriculture to certify or establish an inspection

service for the purpose of grading fruits, nuts, and vegetables.

B. The terms and conditions of the cooperative agreement shall

be the governing authority for the inspection service. The

cooperative agreement shall include, but not be limited to, the

establishment or certification of an inspection service and the

grading of fruits, nuts, and vegetables.

C. To implement the terms of any state-federal cooperative

agreement regarding the establishment or certification of an

inspection service, the Department may employ personnel to oversee

and supervise the inspection service.

D. Personnel of the inspection service shall not be employees

of the state for any purpose and shall not be entitled to any state

benefits including, but not limited to accrual of leave, insurance,

longevity, retirement, unemployment, or workers compensation.

E. The legislature shall not appropriate funds for the

operation of an inspection service established or certified to

implement a cooperative agreement pursuant to this section. The

legislature may appropriate funds necessary for the Department to

employ personnel to supervise and oversee an inspection service.

Oklahoma Statutes - Title 2. Agriculture

F. Inspection service activities conducted under a cooperative

agreement pursuant to this section shall be self-financed. The

inspection service shall charge a fee to any person who receives

inspection services pursuant to the terms of a cooperative

agreement. The fees shall be commensurate to the costs of the

inspection service.

Added by Laws 2004, c. 155, § 1, emerg. eff. April 26, 2004.

§2-19-2. Airport - Import and export of livestock.

It is the intent of the Oklahoma Legislature that an airport in

the State of Oklahoma apply and receive approval from the United

States Department of Agriculture and the United States Customs and

Border Patrol to provide international and domestic livestock and

livestock products import and export functions. The cities of

Oklahoma City and Tulsa and their respective airports, the Oklahoma

Department of Agriculture, Food, and Forestry, the United States

Department of Agriculture and the United States Customs and Border

Patrol shall cooperate to achieve this intent. The Oklahoma

Department of Agriculture, Food, and Forestry shall provide a

progress report to the President Pro Tempore of the Senate, the

Speaker of the House of Representatives and the Governor no later

than December 1, 2012.

Added by Laws 2011, c. 253, § 1, eff. Nov. 1, 2011.

§2-20-1. Legislative intent.

It is the intent of the Legislature that the law contained in

the Oklahoma Swine Feeding Operations Act shall only apply to swine

and operations which house swine.

Added by Laws 1998, c. 404, § 1, eff. Aug. 1, 1998. Renumbered from

§ 9-200 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005.

Amended by Laws 2007, c. 31, § 1, eff. Nov. 1, 2007.

§2-20-2. Short title and purpose.

A. Sections 20-1 through 20-29 of this title shall be known and

may be cited as the "Oklahoma Swine Feeding Operations Act".

B. The purpose of the Oklahoma Swine Feeding Operations Act is

to provide for environmentally responsible construction and

expansion of swine feeding operations and to protect the safety,

welfare and quality of life of persons who live in the vicinity of a

swine feeding operation.

Added by Laws 1969, c. 116, § 1. Amended by Laws 1997, c. 331, § 1,

eff. Sept. 1, 1997. Renumbered from § 9-201 of this title by Laws

2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31,

§ 2, eff. Nov. 1, 2007.

§2-20-3.

Definitions.

Oklahoma Statutes - Title 2. Agriculture

A. Concentrated swine feeding operations are point sources

subject to the license program established pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act.

B. As used in the Oklahoma Swine Feeding Operations Act:

1. "Affected property owner" means a surface landowner within:

a.

one (1) mile of the designated perimeter of a swine

feeding operation which:

(1) does not meet the definition of a licensed

managed feeding operation, or

(2) is previously unlicensed or an expanding licensed

managed feeding operation with a capacity of two

thousand (2,000) or less swine animal units, or

b.

two (2) miles of the designated perimeter of a

licensed managed feeding operation or an expanding

operation with a capacity of more than two thousand

(2,000) swine animal units for which a license is

being sought;

2. "Swine feeding operation" means a lot or facility where the

following conditions are met:

a.

swine have been, are, or will be stabled or confined

and fed or maintained for a total of ninety (90)

consecutive days or more in any twelve-month period,

and

b.

crops, vegetation, forage growth or post-harvest

residues are not sustained in the normal growing

season over any portion of the lot or facility;

3. "Swine animal unit" means a unit of measurement for any

swine feeding operation calculated by adding the following numbers:

The number of swine weighing over twenty-five (25) kilograms,

approximately fifty-five (55) pounds, multiplied by four-tenths

(0.4), plus the number of weaned swine weighing under twenty-five

(25) kilograms multiplied by one-tenth (0.1);

4. "Swine waste" means swine excrement, swine carcasses, feed

wastes, process wastewaters or any other waste associated with the

confinement of swine from a swine feeding operation;

5. "Swine Waste Management Plan" or "Nutrient Management Plan"

means a written plan that includes a combination of conservation and

management practices designed to protect the natural resources of

the state prepared by an owner or operator of a swine feeding

operation as required by the Department pursuant to the provisions

of Section 20-10 of this title;

6. "Swine waste management system" means a combination of

structures and nonstructural practices serving a swine feeding

operation that provides for the collection, treatment, disposal,

distribution, storage and land application of swine waste;

7. "Artificially constructed" means constructed by humans;

Oklahoma Statutes - Title 2. Agriculture

8. "Best Management Practices" means schedules of activities,

prohibitions of practices, maintenance procedures and other

management practices to prevent or reduce the pollution of waters of

the state as established by the Oklahoma Department of Agriculture,

Food, and Forestry pursuant to Section 20-10 of this title;

9. "Board" means the State Board of Agriculture;

10. "Common ownership" includes but is not limited to any

corporation, partnership or individual where the same owner has

power or authority to manage, direct, restrict, regulate or oversee

the operation or has financial control of the facility;

11. "Concentrated swine feeding operation" means:

a.

a licensed managed feeding operation,

b.

a swine feeding operation which meets the following

criteria:

(1) more than the number of swine specified in any of

the following categories are confined:

(a) 750 swine each weighing over 25 kilograms or

approximately 55 pounds,

(b) 3,000 weaned swine each weighing under 25

kilograms, or

(c) 300 swine animal units, and

(2) either one of the following conditions are met:

(a) pollutants are discharged into waters of the

state through an artificially constructed

ditch, flushing system or other similar

artificially constructed device, or

(b) pollutants are discharged directly into

navigable waters which originate outside of

and pass over, across or through the

facility or otherwise come into direct

contact with the swine confined in the

operation.

Provided, however, that no swine feeding operation

pursuant to this subparagraph is a concentrated swine

feeding operation if the swine feeding operation

discharges only in the event of a twenty-five-year,

twenty-four-hour storm event,

c.

the Board determines that the operation is a

significant contributor of pollution to waters of the

state pursuant to Section 20-6 of this title, or

d.

any new swine feeding operation established after

November 1, 2011, with more than one hundred (100)

animal units;

12. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

13. "Designated perimeter" means the perimeter of any structure

or combination of structures utilized to control swine waste until

Oklahoma Statutes - Title 2. Agriculture

it can be disposed of in an authorized manner. Structures shall

include but not be limited to pits, burial sites, barns or roofcovered structures housing swine, composters, waste storage sites,

or retention structures or appurtenances or additions thereto;

14. "Expanding operation" means:

a.

a facility that either increases its swine animal unit

capacity to a number that causes the facility to

initially meet the definition of a licensed managed

feeding operation, or

b.

a licensed managed feeding operation that seeks to

increase its licensed capacity in excess of five

percent (5%) of the original facility's licensed

capacity;

15. "Facility" means any place, site, or location or part

thereof where swine are kept, handled, housed, or otherwise

maintained and processed and includes but is not limited to

buildings, lots, pens, and swine waste management systems;

16. "Interested party" means an affected property owner found

to meet the burden of proof pursuant to the provisions of Section

20-8 of this title;

17. "Land application" means the spreading on, or incorporation

of swine waste into the soil mantle primarily for beneficial

purposes;

18. "Licensed managed feeding operations" means a swine feeding

operation primarily using a liquid swine waste management system,

where swine are primarily housed in a roof-covered structure and

which has more than the number of swine specified in any of the

following categories confined:

a.

2,500 swine each weighing over 55 pounds,

b.

10,000 weaned swine each weighing under 55 pounds, or

c.

any combination of swine weighing over 55 pounds or

under 55 pounds which would equal one thousand (1,000)

swine animal units;

19. "Liquid swine waste management system" means any swine

waste management system which uses water as the primary carrier of

swine waste into a primary retention structure;

20. "Nutrient-limited watershed" means a watershed of a water

body which is designated as "nutrient-limited" in the most recent

Oklahoma Water Quality Standards;

21. "Nutrient-vulnerable groundwater" means groundwater which

is designated "nutrient-vulnerable" in the most recent Oklahoma

Water Quality Standards;

22. "Odor Abatement Plan" means schedules of activities,

prohibitions of practices, maintenance procedures and other

management practices to prevent or reduce odor as established by the

Department pursuant to Section 20-11 of the Oklahoma Swine Feeding

Operations Act;

Oklahoma Statutes - Title 2. Agriculture

23. "Occupied residence" means a habitable structure designed

and constructed for full-time occupancy in all weather conditions

and:

a.

is not readily mobile,

b.

is connected to a public or permanent source of

electricity and a permanent waste disposal system or

public waste disposal system, and

c.

is occupied as a residence;

24. "Pollution Prevention Plan" means a written plan to control

the discharge of pollutants which has been prepared in accordance

with industry-acceptable engineering and management practices by the

owner or operator of a swine feeding operation as required pursuant

to Section 20-9 of this title;

25. "Process wastewater" means any water utilized in the

facility that comes into contact with any manure, litter, bedding,

raw, intermediate, or final material or product used in or resulting

from the production of swine and any products directly or indirectly

used in the operation of a facility, such as spillage or overflow

from swine watering systems; washing, cleaning, or flushing pens,

barns, manure pits, direct contact, swimming, washing or spray

cooling of swine; and dust control and any precipitation which comes

into contact with swine or swine waste;

26. "Retention structures" means, but is not limited to, all

collection ditches, conduits and swales for the collection of runoff

water and process wastewater, and basins, ponds and lagoons or other

structures used to store swine wastes;

27. "Spill" means the release from a swine feeding operation of

any process wastewater or manure that does not reach waters of the

state;

28. "Waste facility" means any structure or combination of

structures utilized to control swine waste until it can be disposed

of in an authorized manner. The structures shall include but not be

limited to pits, burial sites, barns or roof-covered structures

housing swine, composters, waste storage sites, or retention

structures or appurtenances or additions thereto; and

29. "Waters of the state" means all streams, lakes, ponds,

marshes, watercourses, waterways, wells, springs, irrigation

systems, drainage systems, storm sewers and all other bodies or

accumulations of water, surface and underground, natural or

artificial, public or private, which are contained within, flow

through or border upon this state or any portion thereof, and shall

include under all circumstances the waters of the United States

which are contained within the boundaries of, flow through or border

upon this state or any portion thereof. Provided, waste treatment

systems, including treatment ponds and lagoons designed to meet

federal and state requirements other than cooling ponds as defined

Oklahoma Statutes - Title 2. Agriculture

in the Clean Water Act or rules promulgated pursuant thereto, are

not waters of the state.

Added by Laws 1969, c. 116, § 2. Amended by Laws 1973, c. 70, § 1,

emerg. eff. April 27, 1973; Laws 1981, c. 77, § 1, eff. Oct. 1,

1981; Laws 1997, c. 331, § 2, eff. Sept. 1, 1997; Laws 1998, c. 404,

§ 2, eff. Aug. 1, 1998. Renumbered from § 9-202 of this title by

Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2006,

c. 128, § 2, eff. Nov. 1, 2006; Laws 2007, c. 31, § 3, eff. Nov. 1,

2007; Laws 2013, c. 123, § 1, eff. Nov. 1, 2013; Laws 2017, c. 90, §

1, eff. Nov. 1, 2017.

§2-20-4. Rulemaking and employing authority.

The State Board of Agriculture is authorized to promulgate rules

for the administration, implementation, and enforcement of the

Oklahoma Swine Feeding Operations Act. For the performance of its

duties and responsibilities, the Board is authorized to employ such

personnel and agents as may be required within the funds available.

Added by Laws 1969, c. 116, § 3. Amended by Laws 1997, c. 331, § 3,

eff. Sept. 1, 1997. Renumbered from § 9-203 of this title by Laws

2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31,

§ 4, eff. Nov. 1, 2007.

§2-20-5.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-20-6. Licensure – Modification – Designation of operations.

A. 1. Any swine feeding operation meeting the criteria

defining a concentrated swine feeding operation shall be required to

obtain a license to operate pursuant to the Oklahoma Swine Feeding

Operations Act and rules promulgated pursuant thereto.

2. No swine feeding operation which voluntarily obtains a

license pursuant to the Oklahoma Swine Feeding Operations Act shall

be considered to be a concentrated swine feeding operation unless

the operation meets the definition of concentrated swine feeding

operation.

3. Any other swine feeding operation, regardless of the number

of swine, shall only be required to be licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act and rules

promulgated pursuant thereto if the State Board of Agriculture

determines the operation to be a significant contributor of

pollution to waters of the state.

B. 1. Two or more swine feeding operations under common

ownership are considered, for the purposes of licensure, to be a

single swine feeding operation if they adjoin each other or if they

use a common area or system for the disposal of wastes.

2. A licensed managed feeding operation shall be required to

seek a modification of its license for any increase in excess of

five percent (5%) of the original facility's licensed capacity.

Oklahoma Statutes - Title 2. Agriculture

C. An expanding operation shall be required to seek a

modification of its license prior to expansion.

D. 1. The Board may make a case-by-case designation of

concentrated swine feeding operations pursuant to this section. Any

swine feeding operation may be designated as a concentrated swine

feeding operation if it is determined to be a significant

contributor of pollution to the waters of the state. In making this

designation, the Board shall consider the following factors:

a.

the size of the swine feeding operation and the amount

of wastes reaching waters of the state,

b.

the location of the swine feeding operation relative

to waters of the state,

c.

the means of conveyance of swine waste and wastewater

into waters of the state,

d.

the method of disposal for swine waste and process

wastewater disposal,

e.

the slope, vegetation, rainfall and other factors

affecting the likelihood or frequency of discharge of

swine wastes and process wastewaters into waters of

the state, and

f.

other factors relative to the significance of the

pollution problem sought to be regulated.

2. In no case shall an application for a license be required

from a swine feeding operation pursuant to this subsection until

there has been an on-site inspection of the operation and a

determination by the Oklahoma Department of Agriculture, Food, and

Forestry that the operation is a concentrated swine feeding

operation. Should the Department determine that the operation is a

concentrated swine feeding operation, the Department shall notify

the operation of the determination and of an opportunity for the

owner or operator of the facility to request an administrative

hearing on the issue.

3. Process wastewater in the overflow may be discharged to

navigable waters whenever rainfall events, either chronic or

catastrophic, cause an overflow of process wastewater from a

retention structure properly designed, constructed and operated to

contain all process wastewaters plus the runoff from a twenty-fiveyear, twenty-four-hour rainfall event for the location of the point

source. There shall be no effluent limitations on discharges from a

waste facility constructed and properly maintained to contain the

twenty-five-year, twenty-four-hour storm event; provided, the proper

design, construction and operation of the retention structure shall

include but not be limited to one (1) foot of free board.

E. No new concentrated swine feeding operation or expansion of

a concentrated swine feeding operation requiring a license pursuant

to the Oklahoma Swine Feeding Operations Act shall be constructed or

placed in operation unless final design plans, specifications and a

Oklahoma Statutes - Title 2. Agriculture

Pollution Prevention Plan developed pursuant to Section 20-9 of this

title have been approved by the Department.

F. No new licensed managed feeding operation or expanding

operation shall be constructed until a building permit for such

facility or expansion has been issued by the Department. No new

licensed managed feeding operation or expanding operation shall be

placed in operation until a license for the facility or a

modification for an existing license has been issued by the

Department.

G. When requesting a modification of a license, a licensed

managed feeding operation shall comply with all notice and hearing

requirements as specified by this section and rules promulgated by

the State Board of Agriculture. In its request for a modification

of a license, a licensed managed feeding operation shall provide all

information specified in subsection G of Section 20-7 of this title.

H. Any hearings regarding modification of a license shall focus

on the modifications being proposed by the licensed managed feeding

operation.

I. A decision to deny modification of a license shall have no

impact on the original license.

Added by Laws 1997, c. 331, § 5, eff. Sept. 1, 1997. Amended by

Laws 1998, c. 404, § 5, eff. Aug. 1, 1998. Renumbered from § 9204.1 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005.

Amended by Laws 2007, c. 64, § 1, eff. Dec. 1, 2007; Laws 2008, c.

3, § 1, emerg. eff. Feb. 28, 2008; Laws 2011, c. 215, § 1, eff. Nov.

1, 2011; Laws 2017, c. 90, § 2, eff. Nov. 1, 2017.

NOTE: Laws 2007, c. 31, § 6 repealed by Laws 2008, c. 3, § 2,

emerg. eff. Feb. 28, 2008.

§2-20-7. Application for license.

A. The State Board of Agriculture shall cause to be prepared

and available, for any person desiring or required to apply for a

license to operate a new or previously unlicensed swine feeding

operation or expanding operation, the necessary forms and

applications.

B. The application for a license to operate a new or previously

unlicensed swine feeding operation or expanding operation shall

contain, as a minimum, the following information:

1. Name and address of the owner and operator of the facility;

2. Name and address of the swine feeding operation;

3. Capacity in swine animal units, and number and type of swine

housed or confined;

4. A diagram or map and legal description showing geographical

location of the facility on which the perimeters of the facility are

designated, location of waters of the state, including, but not

limited to, drainage from the facility, swine waste storage

Oklahoma Statutes - Title 2. Agriculture

facilities and land application sites owned or leased by the

applicant;

5. A copy of the Pollution Prevention Plan containing a Swine

Waste Management Plan, Best Management Practices, Odor Abatement

Plan or such other plan authorized by the Oklahoma Swine Feeding

Operations Act and approved by the Department;

6. A copy of the written waiver by an adjacent property owner

to the facility releasing specified setback requirements as provided

by Sections 20-19 and 20-21 of this title; and

7. Any other information deemed necessary by the Oklahoma

Department of Agriculture, Food, and Forestry to administer the

provisions of the Oklahoma Swine Feeding Operations Act and rules

promulgated pursuant thereto.

C. 1. An application for renewal of a license to operate a

swine feeding operation shall be considered to be properly filed

when the Department has received a completed renewal application and

payment of fees from the applicant.

2. If the application for renewal is denied, written

notification of the denial and an opportunity for an administrative

hearing on the denial shall be given to the applicant by the

Department. The notification shall set forth the reasons for the

denial, steps necessary to meet the requirements for issuance of the

renewal license and the opportunity for the applicant to request an

administrative hearing.

D. No new licensed managed feeding operation or expanding

operation shall be constructed until a building permit for such

facility or expansion has been issued by the Department. No new

licensed managed feeding operation shall be placed in operation

until a license for the facility or expansion has been issued by the

Department.

E. For transfer of a license to a new owner or operator, the

following conditions shall be met:

1. The new owner or operator shall submit to the Department a

transfer application, attaching any change of conditions resulting

from the transfer of ownership or operation;

2. After receipt of the information required, the Department

shall review the information, and within sixty (60) days, issue

approval or denial of the transfer. Transfer of a license shall be

denied only if:

a.

the new owner or operator cannot comply with the

requirements of transfer,

b.

the Department finds a material or substantial change

in conditions since the issuance of the original

license to operate the swine feeding operation,

c.

failure of the new owner or operator to meet any other

conditions or requirements for compliance established

by the Department pursuant to the Oklahoma Swine

Oklahoma Statutes - Title 2. Agriculture

Feeding Operations Act and rules promulgated pursuant

thereto, or

d.

the new owner or operator has failed to meet the

requirements of Section 20-25 of this title; and

3. If a transfer is denied, written notification of the denial

and an opportunity for an administrative hearing on the denial shall

be given to the applicant for a transfer license by the Department.

The notification shall set forth the reasons for the denial, steps

necessary to meet the requirements for a transfer license, and the

opportunity for the applicant to request an administrative hearing.

F. Any suspension or revocation or nonrenewal of a license

issued pursuant to the Oklahoma Swine Feeding Operations Act by the

Board shall be made in accordance with Section 20-25 of this title.

G. In addition to other information required for issuance of a

new or transfer license, an application for a new or transfer

license for a concentrated swine feeding operation shall contain the

following information:

1.

a.

A statement of ownership.

(1) If the applicant is a firm or partnership, the

name and address of each member thereof shall be

included in the application.

(2) If the applicant is a corporation, the name and

address of the corporation and the name and

address of each officer and registered agent of

the corporation shall be included in the

application.

(3) If the applicant is a partnership or other legal

entity, the name and address of each partner and

stockholder with an ownership interest of ten

percent (10%) or more shall be included in the

statement.

b.

The information contained in the statement of

ownership shall be public information and shall be

available upon request from the Board;

2. The name and address of the management, if the management is

not the applicant and is acting as agent for the applicant;

3.

a.

An environmental history from the past three (3) years

of any concentrated animal feeding operation or

concentrated swine feeding operation established and

operated by the applicant or any other operation with

common ownership in this state or any other state.

The environmental history shall include but not be

limited to all citations, administrative orders or

penalties, civil injunctions or other civil actions,

criminal actions, past, current and ongoing, taken by

any person, agency or court relating to noncompliance

with any environmental law, rule, agency order, or

Oklahoma Statutes - Title 2. Agriculture

court action relating to the operation of an animal

feeding operation or swine feeding operation.

b.

A copy of all records relating to the environmental

history required by this paragraph shall accompany the

application.

c.

Noncompliance with a final agency order or final order

or judgment of a court of record which has been set

aside by a court on appeal of the final order or

judgment shall not be considered a final order or

judgment for the purposes of this subsection;

4. Environmental awards or citations received or pollution

prevention or voluntary remediation efforts undertaken by the

applicant; and

5. Any other information or records required by the Department

for purposes of implementing the Oklahoma Swine Feeding Operations

Act or rules promulgated pursuant thereto.

H. 1. All employees of a proposed licensed managed feeding

operation whose duties include treatment, storage, or application of

swine waste shall provide proof of certification of satisfactory

completion of formal education or training in the areas of waste

management and odor control. Proof of certification of a minimum of

nine (9) hours of training and education shall be submitted either

with the license application or within six (6) months of the date of

the application for the license.

2. All employees of a licensed managed feeding operation whose

duties include treatment, storage or application of animal waste

shall provide proof of certification of satisfactory completion of

formal education or training in the areas of waste management and

odor control.

3. The Department shall require a minimum of three (3) hours of

annual refresher training for any employee of a licensed managed

feeding operation whose duties include treatment, storage, or

application of swine waste.

4. After completing eighteen (18) hours of training, an

employee shall be exempt from the annual training requirement, and

shall be required to complete three (3) hours of training every

three (3) years.

5. Appropriate curricula and course content shall be developed

by the licensed managed feeding operation and submitted to the

Department for approval.

6. Failure to obtain the prerequisite nine (9) hours of

training and any continuing education training as required in this

subsection shall be deemed a violation of the Oklahoma Swine Feeding

Operations Act.

I. 1. In addition to other penalties as may be imposed by law,

any person who knowingly makes any false statement, representation,

or certification in, omits material data from, or tampers with any

Oklahoma Statutes - Title 2. Agriculture

application for a license, or notice relating to the determination

of affected property owners, shall, upon conviction thereof, be

guilty of a misdemeanor and may be subject to a fine of not more

than Ten Thousand Dollars ($10,000.00) for each violation. In

addition, the Department shall deny licensure to the applicant or

may require submission of a new application.

2. The responsibility for ensuring that all affected property

owners are notified pursuant to the provisions of this section shall

be upon the applicant.

Added by Laws 1969, c. 116, § 5. Amended by Laws 1997, c. 331, § 6,

eff. Sept. 1, 1997; Laws 1998, c. 404, § 6, eff. Aug. 1, 1998.

Renumbered from § 9-205 of this title by Laws 2005, c. 292, § 25,

eff. July 1, 2005. Amended by Laws 2007, c. 31, § 7, eff. Nov. 1,

2007; Laws 2012, c. 35, § 1, eff. Nov. 1, 2012; Laws 2016, c. 228, §

4, eff. Nov. 1, 2016.

§2-20-8. Notice and hearing requirements.

A. 1. Any person applying for a license for a new or expanding

swine feeding operation shall comply with the notice and hearing

requirements as specified by this section and rules promulgated by

the State Board of Agriculture.

2. Notice requirements shall include notice to affected

property owners by certified mail, return receipt requested pursuant

to subsection C of this section and public notice pursuant to

subsection D of this section.

B. 1. After submission of a completed application as provided

by the Oklahoma Swine Feeding Operations Act and rules promulgated

pursuant thereto, the Oklahoma Department of Agriculture, Food, and

Forestry shall have sixty (60) working days to review the

application for a new or expanding operation for physical and

technical suitability.

2.

a.

After review of the application the Department may

request additional information from the applicant.

Upon receipt of the additional information the

Department shall then have an additional thirty (30)

working days to review the additional information.

b.

On or before the expiration of an additional thirtyworking-day period, the Department shall make a

determination as to whether the application is

complete and in compliance with all statutory

requirements and relevant rules of the Department or

request additional information pursuant to

subparagraph a of this paragraph.

C. 1. After the Department has determined that the application

is complete, the Department shall require the applicant to notify

all affected property owners that a completed application is on file

with the Department. Notice shall be sent by certified mail, return

Oklahoma Statutes - Title 2. Agriculture

receipt requested. The notice shall state that an application for a

new or expanding swine feeding operation has been submitted to the

Department and has been deemed to be complete, the location of the

facility, that a hearing may be requested within fifteen (15)

working days from the receipt of notice by the affected property

owner and that a copy of the completed application is available for

public review pursuant to paragraph 3 of subsection D of this

section.

2. The State Board of Agriculture shall not act on the

application until the expiration of the time period set forth in

paragraph 1 of subsection G of this section. If a hearing is

requested pursuant to paragraph 1 of subsection G of this section,

the Board shall not take action on the application until the hearing

process is complete.

3. Establishment of property usage is the date the swine

feeding operation application was made available for public review

versus date of initial construction or placement of occupied

residence and shall be given consideration when determining a

contested matter between an applicant and an affected property owner

on issues other than pollution of the waters of the state.

D. 1. In addition to the individual notice, the Department

shall require the applicant to give public notice of the opportunity

to comment on the granting of the license.

2. The public notice for a new or expanding operation shall be

published as a legal notice prior to the date the application is

available for public viewing, in at least one newspaper of general

circulation in the county where the proposed facility or expanding

operation is to be located.

3. The notice shall identify locations where the application

shall be available for viewing. The locations shall include the

office of the Department and a specific public location in the

county where the proposed facility or expanding operation is to be

located.

4. The application shall be available for public review during

normal business hours. The copies of the application posted for

public viewing shall be complete except for proprietary provisions

otherwise protected by law and shall remain posted during normal

business hours for at least twenty (20) working days after notice is

published.

5. The Department, as necessary, may hold public meetings at a

location convenient to the population center nearest the proposed

facility or expanding operation to address public comments on the

proposed facility or expanding operation.

E. Prior to the issuance of any license for a swine feeding

operation, or expanding operation, the Department shall require the

applicant to submit:

Oklahoma Statutes - Title 2. Agriculture

1. Documentation certifying notice has been issued to all

affected property owners. A map of all affected property owners and

the corresponding mailing list shall be submitted with each

application; and

2. Proof of publication notice of a new or expanding

application for a swine feeding operation license.

F. If no hearing is requested within the time periods set forth

in paragraph 1 of subsection G of this section, the application

shall be submitted to the State Board of Agriculture for

consideration and action.

G. 1. An affected property owner may request a hearing prior

to final approval of the application. All requests for a hearing

shall be filed with the Department within fifteen (15) working days

after the receipt of the notice by the affected property owner. In

requesting a hearing an affected property owner shall state in the

request:

a.

the name and address of the affected property owner

and proof of standing by showing a surface ownership

interest in the affected property, and

b.

specific allegations showing that the proposed

facility or expanding operation may have a direct,

substantial and immediate effect upon a legally

protected interest of the affected property owner.

The allegations shall address with specificity the

information contained within the application for

licensure. Furthermore, the allegations shall be

limited to demonstrating how the application is

deficient, how the deficiencies have a direct effect

on a legal interest of the affected property owner,

and how the applicant has failed to show that the

application should be granted. The allegations shall

also address the physical and technical suitability of

the proposed facility.

2. If any of the affected property owners request an

administrative hearing pursuant to paragraph 1 of this subsection

and all information listed in subparagraphs a and b of paragraph 1

of this subsection is found to be complete and adequate in the

request for hearing, a preliminary hearing shall be scheduled by the

Department at a reasonable time within sixty (60) calendar days.

Should the affected property owner fail to provide any of the

information required in the request for hearing, the affected

property owner shall have ten (10) working days during which any

deficiencies may be cured after receipt of notice from the

Department of the failure. All affected property owners shall be

considered parties to the preliminary hearing scheduled by the

Department.

Oklahoma Statutes - Title 2. Agriculture

H. 1. The preliminary hearing shall be held at the Oklahoma

Department of Agriculture, Food, and Forestry before an

administrative law judge.

2. There shall be a rebuttable presumption on the part of the

applicant that the application in question is complete and in

compliance with all applicable statutes and rules.

3. It shall be the burden of the affected property owner(s) to

present an offer of proof showing by a preponderance of the

evidence:

a.

that the facility has a direct, substantial, and

immediate effect upon a legally protected interest,

and

b.

that the direct, substantial, and immediate effect

upon a legally protected interest arises directly from

a deficiency in the application or from the physical

and technical suitability of the proposed facility.

4. The administrative law judge after all evidence is presented

by the affected property owner(s) shall afford the applicant an

opportunity to respond to and rebut the allegations presented and to

show how the affected property owner(s) failed to meet the standards

set forth in subparagraphs a and b of paragraph 3 of this

subsection.

5. Upon completion of the preliminary hearing, the

administrative law judge shall have twenty (20) working days in

which to issue an order granting or denying the affected property

owner(s) a full administrative hearing. If an affected property

owner is denied a full administrative hearing, the administrative

law judge shall issue a written recommended order containing

specific findings of fact and conclusions of law on which the

decision is based.

6. If the administrative law judge finds the affected property

owner(s) failed to meet the burden of proof set forth in paragraphs

2, 3, and 4 of this subsection the application shall be sent to the

State Board of Agriculture along with a copy of the recommended

order of the administrative law judge for consideration and action.

7. If the administrative law judge finds the affected property

owner(s) met the burden of proof set forth in paragraph 3 of this

subsection, then a full administrative hearing shall be scheduled in

accordance with the Administrative Procedures Act.

8. The administrative law judge may separately grant or deny a

full administrative hearing for each affected property owner when

more than one is party to the preliminary hearing.

I. 1. An affected property owner meeting the burden of proof

pursuant to subsection H of this section shall be entitled to a full

administrative hearing pursuant to the Administrative Procedures

Act. Only those affected property owners found meeting the burden

Oklahoma Statutes - Title 2. Agriculture

of proof pursuant to subsection H of this section are entitled to a

full administrative hearing.

2. The scheduling conference for the hearing shall be held by

the Department at a reasonable time within thirty (30) working days

after the administrative law judge has issued a written order. All

interested parties may be joined as parties to the hearing.

3. An affected property owner may at any time waive its right

to a hearing. If an affected property owner waives its right to a

hearing, a signed and notarized document shall be filed with the

administrative law judge stating the affected property owner waived

its right to a hearing, did so without force or coercion,

understands it is also waiving its right to any further hearings

provided for under this section or the Administrative Procedures

Act, and that the waiver shall be with prejudice. The waiver of

right to a hearing shall be admissible as evidence in any court of

the State of Oklahoma as evidence that the affected property owner

waived its rights to any additional hearings to which it may

otherwise have been entitled.

4. At the hearing the administrative law judge shall hear

testimony and accept evidence pertaining to the physical and

technical suitability of the proposed facility or expanding

operations and deficiencies contained in the original application

for the license. Based on these grounds it shall be the burden of

the interested party to show by clear and convincing evidence that

the proposed facility will have a direct, substantial, and immediate

effect upon a legally protected interest of the interested party.

Furthermore, there shall be a rebuttable presumption that the

application is complete and in compliance with the relevant statutes

and rules.

5. Any evidence presented at the administrative hearing shall

be directly related to allegations and evidence previously presented

by the affected property owner(s) during the preliminary hearing.

Evidence not meeting this criteria shall only be admitted by the

administrative law judge upon a finding that:

a.

the evidence was unavailable to the interested party

prior to the preliminary hearing, and

b.

the interested party exercised due diligence to

discover and present all relevant evidence at the

preliminary hearing, and

c.

reasonable efforts to discover the information would

not have led to its discovery prior to the preliminary

hearing, or

d.

the applicant willfully concealed evidence or

information that would likely have assisted the

interested party in presenting its case at the

preliminary hearing.

Oklahoma Statutes - Title 2. Agriculture

6. At the hearing, the interested party shall be afforded a

reasonable opportunity to present evidence and argument in support

of the allegations identified in the preliminary hearing and the

applicant shall be afforded a reasonable opportunity to present

evidence and argument to controvert those allegations.

7. The administrative hearing held pursuant to the provisions

of this subsection shall comply with the Administrative Procedures

Act and rules promulgated by the Board.

Added by Laws 1997, c. 331, § 7, eff. Sept. 1, 1997. Amended by

Laws 1998, c. 404, § 7, eff. Aug. 1, 1998. Renumbered from § 9205.1 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005.

Amended by Laws 2006, c. 129, § 2, eff. Nov. 1, 2006; Laws 2007, c.

31, § 8, eff. Nov. 1, 2007; Laws 2013, c. 123, § 2, eff. Nov. 1,

2013.

§2-20-9. Pollution Prevention Plan.

A. A Pollution Prevention Plan shall be developed by each

licensed managed feeding operation prior to the submission of an

application pursuant to the provisions of this section and rules

promulgated by the State Board of Agriculture pursuant thereto. The

Pollution Prevention Plan shall include, but not be limited to,

provisions for documentation of structural controls, documentation

of Best Management Practices, an approved plan for the disposal of

swine waste and recordkeeping provisions.

B. A swine feeding operation licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act, other than

a licensed managed feeding operation, shall develop a Pollution

Prevention Plan or may substitute equivalent measures contained in a

site-specific Swine Waste Management Plan prepared pursuant to

Section 20-10 of this title. Design and construction criteria

developed by the United States Department of Agriculture Natural

Resources Conservation Service may be substituted for the

documentation of design capacity and construction requirements.

C. 1. The Pollution Prevention Plan shall be signed by the

owner or as otherwise authorized by the Oklahoma Department of

Agriculture, Food, and Forestry and a copy shall be retained onsite.

2. The swine feeding operation shall amend the Pollution

Prevention Plan and obtain approval of the Department prior to any

change in design, construction, operation or maintenance, which has

significant effect on the potential for the discharge of pollutants

to the waters of the state.

D. If, after reviewing the Pollution Prevention Plan, the

Department determines that the Plan does not meet one or more of the

minimum requirements, the swine feeding operation shall make and

implement appropriate changes to the Plan as required by the

Oklahoma Statutes - Title 2. Agriculture

Department pursuant to the Oklahoma Swine Feeding Operations Act and

rules promulgated pursuant thereto.

E. The Pollution Prevention Plan shall provide and require

presite approval by Departmental personnel prior to construction.

During construction, the Department shall monitor the construction

process as deemed necessary by the Department in an attempt to

verify the construction of the facility is done according to plans

and acceptable engineering standards to reduce or eliminate the

potential of pollution.

F. In addition to other requirements specified by this section,

the Pollution Prevention Plan shall include but not be limited to:

1. A description of potential sources, activities and materials

which may reasonably be expected to or could potentially add

pollutants to runoff from the facility;

2. A map, indicating an outline of the drainage area of the

facility, and each existing structural control measure designed to

reduce pollutants in wastewater and precipitation runoff in all

surface waters of the state;

3. A spill contingency plan for potential pollutants;

4. All existing sampling data of groundwater, nitrate and

coliform bacteria levels, soil tests from land application sites and

swine waste nutrient sampling;

5. A description of management controls appropriate for the

facility. The management controls shall include, but not be limited

to:

a.

the location and a description of existing structural

and nonstructural controls,

b.

documentation of retention structure capacity and the

assumptions and calculations used in determining the

appropriate volume capacity, and

c.

a description of the design standards for the

retention facility embankments;

6. A description of the design standards for any retention

facilities;

7. Training requirements for employees;

8. Documentation relating to any hydrologic connection between

the contained wastewater and waters of the state which complies with

Section 20-12 of this title; and

9. Requirements that all irrigation systems into which any

swine waste will be injected shall be equipped as specified by

Section 20-13 of this title.

G. The Oklahoma Department of Agriculture, Food, and Forestry

shall develop a record retention schedule for the following records:

1. Water level in the retention structure;

2. Daily precipitation records from on-site rain gauge;

3. Incident reports such as spills and other discharges;

4. Inspection and maintenance reports;

Oklahoma Statutes - Title 2. Agriculture

5. Findings from annual inspections of the entire facility;

6. Log of preventive maintenance and employee training that was

completed;

7. Log of removal of swine waste sold or given to other persons

for disposal;

8. Other specific information deemed necessary by the

Department to implement the provisions of the Oklahoma Swine Feeding

Operations Act and rules promulgated pursuant thereto;

9. Copy of general permit issued by the federal Environmental

Protection Agency if applicable, a copy of the completed Pollution

Prevention Plan, and other specific records deemed necessary by the

Department to implement the provisions of the Oklahoma Swine Feeding

Operations Act and rules promulgated pursuant thereto; and

10. The notarized statement signed by the applicant accepting

full responsibility for properly closing all waste retention

structures pursuant to subsection I of this section.

H. Any analyses required by the provisions of the Oklahoma

Swine Feeding Operations Act or rules promulgated pursuant thereto

shall be performed by a qualified independent testing laboratory

certified by the Department of Environmental Quality and approved by

the Department.

I. The applicant shall sign a notarized statement accepting

full responsibility for properly closing all waste retention

structures if the facility ceases to function or is ordered to close

by action of the Department. When a license is transferred, the new

owner or lessee shall submit a signed notarized statement accepting

full responsibility for properly closing all waste retention

structures if the facility ceases to function or is ordered to close

by action of the Department.

Added by Laws 1997, c. 331, § 8, eff. Sept. 1, 1997. Amended by

Laws 1998, c. 404, § 8, eff. Aug. 1, 1998. Renumbered from § 9205.2 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005.

Amended by Laws 2007, c. 31, § 9, eff. Nov. 1, 2007; Laws 2012, c.

38, § 1, eff. Nov. 1, 2012.

§2-20-10. Best Management Practices – Swine Waste Management Plans.

A. 1. All licensed managed feeding operations shall utilize

Best Management Practices meeting the conditions and requirements

established by subsection B of this section and by rules promulgated

by the State Board of Agriculture pursuant to the Oklahoma Swine

Feeding Operations Act.

2. Swine feeding operations licensed pursuant to the provisions

of the Oklahoma Swine Feeding Operations Act other than licensed

managed feeding operations shall utilize Best Management Practices,

or may substitute for best management practice equivalent measures

contained in a site-specific Swine Waste Management Plan meeting the

conditions and requirements established by subsection C of this

Oklahoma Statutes - Title 2. Agriculture

section and by rules promulgated by the Board pursuant to the

Oklahoma Swine Feeding Operations Act.

B. The criteria for Best Management Practices shall be

promulgated by rule by the Board, based upon existing physical and

economic conditions, opportunities and constraints and shall

include, but not be limited to, the following:

1. There shall be no discharge of process wastewater to waters

of the state except in accordance with the provisions of the

Oklahoma Swine Feeding Operations Act;

2. Swine waste shall be isolated from outside surface drainage

by ditches, dikes, berms, terraces or other such structures except

for a twenty-five-year, twenty-four-hour rainfall event;

3. No waters of the state shall come into direct contact with

the swine confined on the swine feeding operation;

4. Swine waste handling, treatment, management and removal

shall:

a.

not create an environmental or a public health hazard,

b.

not result in the contamination of public or private

drinking water supplies,

c.

conform with Oklahoma Water Quality Standards,

d.

comply with the Odor Abatement Plan for licensed

managed feeding operations and shall not otherwise

create unnecessary and unreasonable odors. Odors are

unnecessary and unreasonable if odors may be reduced

by more efficient management practices at a reasonable

expense,

e.

not violate any state or federal laws relating to

endangered or threatened species of plant, fish or

wildlife, or to migratory birds,

f.

conform to the Pest Management Plans for licensed

managed feeding operations as required by rules

promulgated by the State Board of Agriculture,

g.

conform to such other handling, treatment and

management and removal requirements deemed necessary

by the Oklahoma Department of Agriculture, Food, and

Forestry to implement the Oklahoma Swine Feeding

Operations Act and rules promulgated pursuant thereto,

and

h.

ensure that watersheds and groundwater are adequately

protected;

5. If, for any reason, there is a discharge other than a spill

of less than one hundred (100) gallons, the licensee is required to

make immediate notification to the Department. The report of the

discharge shall include:

a.

a description and cause of the discharge, including a

description of the flow path to the receiving water

body,

Oklahoma Statutes - Title 2. Agriculture

b.

c.

an estimation of the flow rate and volume discharged,

the period of discharge, including exact dates and

times, and if not already corrected, the anticipated

time the discharge is expected to continue,

d.

steps taken to reduce, eliminate and prevent

recurrence of the discharge, and

e.

test results for fecal coliform bacteria, five-day

biochemical oxygen demand (BOD5), total suspended

solids (TSS), ammonia nitrogen, total Kjeldahl

nitrogen (TKN), any pesticides which the operator has

reason to believe could be in the discharge, or other

parameters as required by the Department which the

Department has reason to believe could be in the

discharge;

6. Notwithstanding the provisions of paragraph 5 of this

subsection, any spill that leaves the property owned or controlled

by the licensee shall be reported to the Department regardless of

total number of gallons spilled; and

7. The Department shall maintain records of all discharges and

shall separately maintain records of all spills.

C. The Swine Waste Management Plan shall include at a minimum:

1. Swine waste removal procedures;

2. Records of inspections of retention structures, including,

but not limited to, specific measurement of wastewater level;

3. All calculations in determining land application rates,

acreage and crops for the land application rate of both solid and

liquid swine wastes on land owned or controlled by the licensee;

4. Requirements including that:

a.

(1) land application of swine waste shall not exceed

the nitrogen uptake of the crop coverage or

planned crop planting with any land application

of wastewater or manure. Where local water

quality is threatened by phosphorous, in no case

shall the applicant or licensee exceed the

application rates in the most current Natural

Resources Conservation Service publication titled

Waste Utilization Standard, and

(2) timing and rate of applications shall be in

response to crop needs, expected precipitation

and soil conditions,

b.

land application practices shall be managed so as to

reduce or minimize:

(1) the discharge of process water or swine waste to

waters of the state,

(2) contamination of waters of the state, and

(3) odor,

Oklahoma Statutes - Title 2. Agriculture

c.

facilities including waste retention structures, waste

storage sites, ponds, pipes, ditches, pumps, and

diversion and irrigation equipment shall be maintained

to ensure the ability to fully comply with the terms

of the Oklahoma Swine Feeding Operations Act, and

d.

adequate equipment and land application area shall be

available for removal of waste and wastewater as

required to maintain the proper operating volume of

the retention structure; and

5. Other information deemed necessary by the Department to

administer the provisions of the Oklahoma Swine Feeding Operations

Act and rules promulgated pursuant thereto.

D. Records shall be maintained of all swine wastes applied on

land owned or controlled by the licensee, and sold or given to other

persons for disposal.

E. If the swine waste from a licensed managed feeding operation

is sold or given to other persons for land application or disposal,

the licensed managed feeding operation shall maintain a log of: date

of removal from the swine feeding operation; names of such other

persons; and amount, in wet tons, dry tons or cubic yards, of swine

waste removed from the swine feeding operation.

F. 1. If the swine waste is to be land applied by other

persons, a licensed managed feeding operation shall make available

to such other person the most current sample analysis of the swine

waste.

2. In addition, the licensed managed feeding operation shall

notify, in writing, any person to whom the swine waste is sold or

given of the land application disposal requirements for swine waste

as specified by the Oklahoma Swine Feeding Operations Act and rules

promulgated pursuant thereto.

3. Any person who obtains swine waste from a licensed managed

feeding operation for land application shall keep the following

records that shall be maintained for a period of three (3) years and

provided to the Department upon request:

a.

a copy of the sample analysis of the swine waste

provided by the licensed managed feeding operation,

b.

a copy of the written notification of requirements for

swine waste land application requirements provided by

the licensed managed feeding operation to the person

obtaining the swine waste,

c.

current soil test results,

d.

swine waste application records, rates, and date of

application, and

e.

any other record required by the Department.

4. Any person who obtains swine waste from a licensed managed

feeding operation for land application shall certify to the

Department that the person agrees to accept the swine waste, has

Oklahoma Statutes - Title 2. Agriculture

knowledge of the law and rules regarding land application of swine

waste, and agrees to follow the law and rules regarding the land

application of swine waste.

G. Soils in areas in which swine waste is applied shall be

analyzed, annually, for phosphates, nitrates and soil pH prior to

the first application of the swine waste in the calendar year. A

copy of the results of the analysis shall be submitted to the

Department upon request by the Department. Such analysis shall be

retained by the swine feeding operation as long as the facility is

in operation.

H. Every swine feeding operation licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act shall

develop a plan approved by the Department for the disposal of

carcasses associated with normal mortality.

1. Dead swine shall be disposed of in accordance with a carcass

disposal plan developed by the applicant or licensee and approved by

the Department.

2. The plan shall include provisions for the disposal of

carcasses associated with normal mortality, with emergency disposal

when a major disease outbreak or other emergency results in deaths

significantly higher than normal mortality rates and other

provisions which will provide for a decrease in the possibility of

the spread of disease and prevent the contamination of waters of the

state. The plan shall comply with rules promulgated by the

Department.

Added by Laws 1997, c. 331, § 9, eff. Sept. 1, 1997. Amended by

Laws 1998, c. 404, § 9, eff. Aug. 1, 1998. Renumbered from § 9205.3 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005.

Amended by Laws 2006, c. 128, § 3, eff. Nov. 1, 2006; Laws 2007, c.

31, § 10, eff. Nov. 1, 2007; Laws 2009, c. 57, § 1, eff. Nov. 1,

2009.

§2-20-11. Odor Abatement Plans.

A. An Odor Abatement Plan shall be developed by each licensed

managed feeding operation prior to the submission of an application

pursuant to the provisions of this section and rules promulgated by

the State Board of Agriculture pursuant thereto. The Odor Abatement

Plan shall include, but not be limited to, provisions for

documentation of structural controls, documentation of Best

Management Practices, odor abatement, and recordkeeping provisions.

B. 1. The Odor Abatement Plan shall include specific methods

of odor reduction which shall be tailored to each facility and

created to address each cause of odor listed in paragraph 2 of this

subsection.

2. The Odor Abatement Plan shall address methods for reducing

odors in relationship to swine maintenance, waste storage, land

application, and carcass disposal.

Oklahoma Statutes - Title 2. Agriculture

3. The applicant or licensee shall examine the Odor Abatement

Plan at least annually to evaluate the effectiveness of the plan,

modify for changed conditions at the facility and determine if

economically feasible technological advances are available and

appropriate for the facility.

C. If, after reviewing the Odor Abatement Plan, the Oklahoma

Department of Agriculture, Food, and Forestry determines that the

plan does not adequately meet one or more of the minimum

requirements, the licensed managed feeding operation shall make and

implement appropriate changes to the Plan which may include the

utilization of economically feasible technology designed to abate

odor as required by the Department pursuant to the Oklahoma Swine

Feeding Operations Act and rules promulgated pursuant thereto.

D. In determining the adequacy of an odor abatement plan, the

Department shall consider all relevant factors including but not

limited to:

1. Design of the facilities;

2. Odor control technology to be utilized;

3. Prevailing wind direction in relation to occupied

residences;

4. Size of operation;

5. Distance from facility to occupied residences; and

6. All information contained in the application.

Added by Laws 1998, c. 404, § 10, eff. Aug. 1, 1998. Renumbered

from § 9-205.3a of this title by Laws 2005, c. 292, § 25, eff. July

1, 2005. Amended by Laws 2007, c. 31, § 11, eff. Nov. 1, 2007.

§2-20-12. Prevention of hydrologic connection between wastewaters

and waters of state.

A. Any hydrologic connection between wastewater and waters of

the state outside that authorized by the provisions of the Oklahoma

Swine Feeding Operations Act shall constitute a discharge to waters

of the state.

B. Except as otherwise provided by Section 20-20 of the

Oklahoma Swine Feeding Operations Act, to prevent hydrologic

connections between a retention structure and waters of the state,

all swine feeding operations in this state primarily using a liquid

swine waste management system whether or not such waste facilities

are licensed pursuant to the Oklahoma Swine Feeding Operations Act

shall:

1. Utilize a natural or geomembrane liner or other liner

constructed of synthetic materials in any retention structure

containing liquid swine waste; and

2. Provide documentation that there is no hydrologic connection

between the waters of the state and the retention structure. This

documentation shall be certified by an environmental, agricultural,

or other approved professional engineer licensed pursuant to Section

Oklahoma Statutes - Title 2. Agriculture

475.12 of Title 59 of the Oklahoma Statutes or a United States

Department of Agriculture Natural Resources Conservation Service

engineer and shall include information on the hydraulic conductivity

and thickness of the natural materials underlying and forming the

walls of the containment structure up to the maximum operating

level.

C. Except as provided by Section 20-20 of the Oklahoma Swine

Feeding Operations Act and subsection E of this section, all

retention structures of licensed managed feeding operations shall

maintain a minimum separation of ten (10) feet between the bottom of

the retention structure and the maximum historical groundwater

elevation that is measured from the bottom of the retention

structure and the highest point of the seasonal groundwater table.

Documentation of a ten-foot separation shall be established by

submission of a soil log from a soil boring extending a minimum of

ten (10) feet below the bottom of all retention structures to

ascertain the presence of groundwater or bedrock and a statement

from a professional engineer certifying the existence of the tenfoot separation distance.

D. The State Board of Agriculture shall establish standards for

retention structures.

E. The Department of Agriculture, Food, and Forestry may allow

a separation of less than ten (10) feet but in no event less than

four (4) feet between the bottom of the retention structure and the

maximum historical groundwater elevation. In determining the

minimum separation to be required, the Department shall consider the

following factors:

1. Soil type at the retention structure;

2. Soil tests per American Standards Testing Methods (ASTM)

standards on all soils to be used as liner material;

3. Retention structure capacity;

4. Retention structure design;

5. Documentation of lack of hydrologic connection between the

waters of the state and the retention structure;

6. Depth of retention structure;

7. Type and characteristics of liner to be used; and

8. Any other relevant information.

F. 1. Licensed managed feeding operations shall install and

maintain in good working order a leak detection system or sufficient

monitoring wells both upgradient and downgradient around the

perimeter of each retention structure prior to using the retention

structure for storage of liquid waste pursuant to rules promulgated

by the State Board of Agriculture.

2.

a. Samples of water shall be collected by the Oklahoma

Department of Agriculture, Food, and Forestry and

submitted for testing at least annually. The analysis

of the water samples shall be performed by a qualified

Oklahoma Statutes - Title 2. Agriculture

environmental laboratory approved by the Oklahoma

Department of Environmental Quality or by the relevant

certification agency for the state in which the

laboratory is located and approved by the Oklahoma

Department of Agriculture, Food, and Forestry; and the

cost shall be the responsibility of the owner of the

licensed managed feeding operation.

b.

The frequency of sampling set forth in subparagraph a

of this paragraph may be reduced to once every three

(3) years for those monitoring wells which have been

sampled for at least three (3) consecutive years and

have always been found to be dry. However, if any

subsequent sampling event indicates the monitoring

well is no longer dry, that monitoring well shall be

sampled pursuant to subparagraph a of this paragraph.

3. Documentation, sampling data, and any other records required

by this section shall be maintained on site for the life of the

facility.

4. Analysis from the sampling taken prior to the operation of

the facility may be considered the baseline data and shall be

retained on site for the life of the facility. If no sampling or

other baseline data is available prior to the operation of the

facility, the samples taken during the first year may be considered

the baseline data and shall be retained on site for the life of the

facility. Baseline data for the facility shall be determined based

on the best information available.

5. The Oklahoma Water Resources Board shall promulgate rules

providing for plugging of monitoring wells as appropriate.

G. Site-specific conditions shall be considered in the design

and construction of liners. Liners for retention structures shall

be designed and constructed in accordance with the provisions of

this section and generally accepted engineering practices

established by rules of the Board or as required by the federal

Environmental Protection Agency. Liners for lagoons owned or

operated by a swine feeding operation with less than one thousand

(1,000) swine animal units may be designed and constructed pursuant

to Technical Note 716 of the United States Department of Agriculture

Natural Resources Conservation Service or its current equivalent so

long as the facility is designed by the United States Department of

Agriculture Natural Resources Conservation Service.

H. 1. When a liner is installed to prevent hydrologic

connection, the licensee or the owner shall maintain the liner to

inhibit infiltration of wastewaters. Documentation of liner

maintenance shall be maintained at the facility.

2. An environmental, agricultural, or other approved

professional engineer licensed pursuant to Section 475.12 of Title

59 of the Oklahoma Statutes shall conduct a site evaluation every

Oklahoma Statutes - Title 2. Agriculture

five (5) years on the retention structure of every concentrated

swine feeding operation with such a structure and annually on every

licensed managed feeding operation to ensure liner integrity. If

the owner or operator suspects that a retention structure is

leaking, the owner or operator shall report suspected leakage to the

Department.

3. The Department shall establish a compliance schedule for

retrofitting liners of waste retention structures for licensed

managed feeding operations constructed prior to August 1, 1998, that

are located in nutrient-limited watersheds or nutrient-vulnerable

groundwaters as designated by the Oklahoma Water Resources Board and

do not have liners meeting the specifications established in this

section.

I. All substances entering the retention structures shall be

composed entirely of wastewaters from the proper operation and

maintenance of a swine feeding operation and the runoff from the

swine feeding operation area. The disposal of any materials, other

than substances associated with proper operation and maintenance of

the facility into the containment structures, including but not

limited to human waste, is prohibited.

J. All new retention structures of licensed managed feeding

operations shall be designed for odor abatement, groundwater

protection, and nutrient conservation.

K. Documentation, sampling data, and any other records required

by this section shall be maintained on site for as long as the

facility is in operation. Samples collected during the first year

of the retention structure may be considered the baseline data and

shall be retained on site as long as the facility is in operation.

Baseline data for the facility shall be determined based on the best

information available.

Added by Laws 1997, c. 331, § 10, eff. Sept. 1, 1997. Amended by

Laws 1998, c. 404, § 11, eff. Aug. 1, 1998. Renumbered from § 9205.4 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005.

Amended by Laws 2006, c. 148, § 1, emerg. eff. May 12, 2006; Laws

2007, c. 31, § 12, eff. Nov. 1, 2007.

§2-20-13. Irrigation systems.

A. All irrigation systems into which any swine waste will be

injected shall be equipped with one or both of the following

systems:

1. An antipollution system, approved by the State Board of

Agriculture, capable of preventing the backflow of swine waste into

the groundwater. The system shall include a safety check valve with

a removable inspection port, anti-syphon vent, and low-pressure

escape drain. An interlock device shall be installed on pumps that

pump the swine waste so that if a fresh water irrigation pump shuts

Oklahoma Statutes - Title 2. Agriculture

down, the pump that pumps the swine waste will also immediately shut

down, preventing the chance of leakage past the check valve; or

2. A system which provides for a complete and total

disconnection between the flow of fresh water and the flow of swine

waste. The system shall be capable of a manual disconnection

between fresh water and the swine waste.

B. The Oklahoma Department of Agriculture, Food, and Forestry

shall make annual on-site inspections examining the operative status

of the check valves and interlock devices.

C. The operator of the irrigation system shall be responsible

to ensure:

1. That the valves and interlock devices remain operative

between annual inspections by the Department; or

2. Complete disconnection from fresh water when introducing

swine waste into the system.

Added by Laws 1997, c. 331, § 11, eff. Sept. 1, 1997. Renumbered

from § 9-205.5 of this title by Laws 2005, c. 292, § 25, eff. July

1, 2005. Amended by Laws 2007, c. 31, § 13, eff. Nov. 1, 2007.

§2-20-14. Investigations and inspections.

A. The State Board of Agriculture or its authorized agents are

empowered to enter upon the premises of any swine feeding operation

for the purpose of investigating complaints as to the operation or

to determine whether there are any violations of the Oklahoma Swine

Feeding Operations Act. The Department shall make at least one

unannounced inspection per year of every swine feeding operation

licensed pursuant to the Oklahoma Swine Feeding Operations Act.

B. 1. The Board shall promulgate standard precautions for the

prevention of the transmission of communicable diseases to humans

and animals to be used by employees of the Oklahoma Department of

Agriculture, Food and Forestry when inspecting swine feeding

operations pursuant to their official duties specified by the

Oklahoma Swine Feeding Operations Act and rules promulgated pursuant

thereto.

2. Except for emergency situations or when enforcement of the

provisions of the Oklahoma Swine Feeding Operations Act requires the

use of the standard precautions as promulgated by the Board pursuant

to paragraph 1 of this subsection, Department employees shall

observe the health standards and sanitary requirements of the

facility.

C. The Board shall maintain necessary records and undertake

such studies, investigations, and surveys for the proper

administration of the Oklahoma Swine Feeding Operations Act.

Added by Laws 1969, c. 116, § 6. Amended by Laws 1997, c. 331, §

12, eff. Sept. 1, 1997. Renumbered from § 9-206 of this title by

Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007,

c. 31, § 14, eff. Nov. 1, 2007.

Oklahoma Statutes - Title 2. Agriculture

§2-20-15. License required for operation - Jurisdiction of

Department of Environmental Quality.

A. 1. It shall be unlawful for any person to operate a

concentrated swine feeding operation, without first obtaining a

license from the State Board of Agriculture.

2. The owner or operator of a swine feeding operation not

classified as a concentrated swine feeding operation may apply for a

license if the owner or operator elects to come under the provision

of the Oklahoma Swine Feeding Operations Act and the rules of the

State Board of Agriculture.

3. The owner or operator of a swine feeding operation primarily

using a liquid swine waste management system not classified as a

licensed managed feeding operation may apply for a license if the

owner or operator voluntarily elects to come under the provisions of

the Oklahoma Swine Feeding Operations Act relating to licensed

managed feeding operations and the rules of the State Board of

Agriculture.

B. 1. The Department of Environmental Quality shall have

environmental jurisdiction over:

a.

commercial manufacturers of fertilizers, grain and

feed products, and chemicals, and over manufacturing

of food and kindred products, tobacco, paper, lumber,

wood, textile mill and other agricultural products,

b.

slaughterhouses, but not including feedlots at these

facilities, and

c.

aquaculture and fish hatcheries, including, but not

limited to, discharges of pollutants and storm water

to waters of the state, surface impoundments and land

application of wastes and sludge, and other pollution

originating at these facilities.

2. Facilities storing grain, feed, seed, fertilizer, and

agricultural chemicals that are required by federal National

Pollutant Discharge Elimination System regulations to obtain a

permit for storm water discharges shall only be subject to the

jurisdiction of the Department of Environmental Quality with respect

to storm water discharges.

Added by Laws 1969, c. 116, § 8. Amended by Laws 1973, c. 70, § 2,

emerg. eff. April 27, 1973; Laws 1981, c. 77, § 2; Laws 1993, c.

145, § 251, eff. July 1, 1993; Laws 1993, c. 324, § 47, eff. July 1,

1993; Laws 1994, c. 140, § 29, eff. Sept. 1, 1994; Laws 1997, c.

331, § 13, eff. Sept. 1, 1997; Laws 1998, c. 404, § 12, eff. Aug. 1,

1998; Laws 1999, c. 413, § 14, eff. Nov. 1, 1999; Laws 2005, c. 292,

§ 22, eff. July 1, 2005. Renumbered from § 9-208 of this title by

Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007,

c. 31, § 15, eff. Nov. 1, 2007.

Oklahoma Statutes - Title 2. Agriculture

§2-20-16. Expiration and renewal of licenses - Fees.

A. Licenses shall expire on June 30 of each year and may be

renewed upon payment of the license and swine animal unit fees set

forth in this section and continued compliance with the provisions

of the Oklahoma Swine Feeding Operations Act and the rules of the

Board.

B. The fees for a swine feeding operations license and annual

renewal thereof shall be:

1. Fifteen Dollars ($15.00) for facilities with a capacity of

less than two hundred fifty (250) swine animal units;

2. Thirty-seven Dollars and fifty cents ($37.50) for facilities

with a capacity of two hundred fifty (250) to five hundred (500)

swine animal units;

3. Seventy-five Dollars ($75.00) for facilities with a capacity

of five hundred one (501) to three thousand (3,000) swine animal

units;

4. One Hundred Fifty Dollars ($150.00) for facilities with a

capacity of three thousand one (3,001) to ten thousand (10,000)

swine animal units; or

5. Two Hundred Twenty-five Dollars ($225.00) for facilities

with a capacity of more than ten thousand (10,000) swine animal

units.

C. 1. All licensed managed feeding operations shall pay an

additional license fee for original licenses in an amount equal to

eighty cents ($0.80) per licensed swine animal unit capacity. Onehalf (1/2) of the amount shall be due and payable with the

application.

2. The other one-half (1/2) of the amount shall be due thirty

(30) days from the date the application is approved. In the event

the application is not approved, any amount of the fee in excess of

the costs of processing the application shall be refunded to the

applicant.

3. All licensed managed feeding operations shall pay an

additional license fee for renewal licenses in an amount established

by rules.

D. The Department shall review costs related to the

administration, regulation, and enforcement of licensed managed

feeding operations. Based on the review, rules shall be promulgated

pursuant to the Administrative Procedures Act establishing a renewal

fee for licensed managed feeding operations. The fee shall be based

on the costs incurred by the Department in salaries, travel claims,

and other necessary expenses incurred in fulfilling its regulatory

and administrative obligations with regard to licensed managed

feeding operations. Under no circumstances shall the fee exceed

eighty cents ($0.80) per swine animal unit.

Oklahoma Statutes - Title 2. Agriculture

E. All fees received for licensure of swine feeding operations

shall be deposited in the State Department of Agriculture Revolving

Fund.

Added by Laws 1969, c. 116, § 9. Amended by Laws 1973, c. 70, § 3,

emerg. eff. April 27, 1973; Laws 1997, c. 331, § 14, eff. Sept. 1,

1997; Laws 1998, c. 404, § 13, emerg. eff. June 10, 1998.

Renumbered from § 9-209 of this title by Laws 2005, c. 292, § 25,

eff. July 1, 2005. Amended by Laws 2007, c. 31, § 16, eff. Nov. 1,

2007.

§2-20-17. Evidence of financial ability.

A. Any person who is licensed to operate a swine feeding

operation with a liquid swine waste management system within this

state shall furnish to the Oklahoma Department of Agriculture, Food,

and Forestry evidence of financial ability to comply with the

requirements for closure of retention structures and other waste

facilities as established pursuant to the provisions of this section

and rules promulgated by the State Board of Agriculture.

B. 1. To establish evidence of financial ability the

Department shall require:

a.

Category A surety which shall include a financial

statement listing assets and liabilities and including

a general release that the information may be verified

with banks and other financial institutions. The

financial statement shall be confidential and shall

not be opened to public inspection. The statement

shall prove a net worth of not less than:

(1) Ten Thousand Dollars ($10,000.00) for any swine

feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act having a

capacity of more than three hundred (300) swine

animal units but having one thousand (1,000)

swine animal units or less,

(2) Twenty-five Thousand Dollars ($25,000.00) for any

swine feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act having a

capacity of more than one thousand (1,000) swine

animal units but less than two thousand (2,000)

swine animal units, or

(3) Fifty Thousand Dollars ($50,000.00) for any swine

feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act having a

capacity of more than two thousand (2,000) swine

animal units, or

b.

Category B surety which shall include an irrevocable

commercial letter of credit, cash, a cashier's check,

a Certificate of Deposit, Bank Joint Custody Receipt,

Oklahoma Statutes - Title 2. Agriculture

other negotiable instrument or a blanket surety bond.

Except as provided in paragraph 2 of this subsection,

amount of such letter of credit, cash, check,

certificate, bond, receipt or other negotiable

instrument shall be in the amount of Twenty-five

Thousand Dollars ($25,000.00). The Department is

authorized to determine the amount of Category B

surety based upon the past performance of the owner or

operator regarding compliance with the laws of this

state, and any rules promulgated pursuant thereto.

Any instrument shall constitute an unconditional

promise to pay and be in a form negotiable by the

Department.

2. The Department upon certification by any swine feeding

operation subject to Category B surety that its liability statewide

is less than the twenty-five-thousand-dollar standard specified in

this section may allow the owner or operator to provide Category B

type surety in an amount less than the required Twenty-five Thousand

Dollars ($25,000.00), but at least sufficient to cover the estimated

cost of all closure and removal operations currently the

responsibility of that owner or operator.

C. 1. Any swine feeding operation licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act which does

not have any outstanding contempt citations or fines may post

Category A surety.

2. Any swine feeding operation licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act which does

have outstanding fines or contempt citations shall be required to

post Category B surety. Swine feeding operations which have posted

Category B surety and have operated under this type surety and have

no outstanding fines at the end of three (3) years may post Category

A surety.

D. For good cause shown concerning pollution by the swine

feeding operations posting either Category A or B surety, the

Department, after notice and hearing, may require the filing of

additional Category B surety in an amount greater than Twenty-five

Thousand Dollars ($25,000.00) but not to exceed Five Dollars ($5.00)

times the number of swine animal units for the facility being

licensed.

E. 1. If the Department, after notice and an opportunity for

hearing, determines that the swine feeding operation licensed

pursuant to the provisions of the Oklahoma Swine Feeding Operations

Act has neglected, failed, or refused to close any surface

impoundment, or remove or cause to be removed any equipment, or has

abandoned the facility, then the swine feeding operation shall be

deemed to have forfeited the letter of credit or negotiable

instrument required by this section or shall pay to this state, for

Oklahoma Statutes - Title 2. Agriculture

deposit in the State Treasury, a sum equal to the cost of closure of

any surface impoundment or removal of equipment.

2. The Department may cause the remedial work to be done,

issuing a warrant in payment of the cost thereof drawn against the

monies accruing in the State Treasury from the forfeiture or

payment.

3. The Department shall also recover any costs arising from

litigation to enforce this provision. Provided, before a swine

feeding operation is required to forfeit or pay any monies to the

state pursuant to this section, the Department shall notify the

swine feeding operation at the last-known address of the

determination of neglect, failure or refusal to close any surface

impoundment or remove equipment and the swine feeding operation

shall have ten (10) days from the date of notification within which

to commence remedial operations. Failure to commence remedial

operations shall result in forfeiture or payment as provided in this

subsection.

F. If title to a swine feeding operation is transferred, the

transferee shall furnish the evidence of financial ability to close

surface impoundments required by the provisions of this section,

prior to the transfer.

Added by Laws 1997, c. 331, § 15, eff. Sept. 1, 1997. Renumbered

from § 9-209.1 of this title by Laws 2005, c. 292, § 25, eff. July

1, 2005. Amended by Laws 2007, c. 31, § 17, eff. Nov. 1, 2007.

§2-20-18. Duties of owners and operators – Nuisance.

A. In addition to any other requirement of the Oklahoma Swine

Feeding Operations Act, swine feeding operations owners and

operators who are granted a swine feeding operations license shall:

1. Provide adequate veterinarian services for detection,

control, and elimination of livestock diseases;

2. Have available for use at all necessary times mechanical

means of scraping, cleaning, and grading feed yards premises; and

3. Provide weather resistant aprons adjacent to all permanently

affixed feed bunks, water tanks, and feeding devices.

B. 1. Any swine feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act, operated in compliance with

those standards, and in compliance with the rules promulgated by the

State Board of Agriculture, shall be deemed to be prima facie

evidence that a nuisance does not exist; provided, no swine feeding

operation shall be located or operated in violation of any zoning

regulations.

2. Any swine feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act, operated in compliance with

those standards, and in compliance with rules promulgated by the

Board, that is located on land more than three (3) miles outside the

incorporated limits of any municipality and which is not located

Oklahoma Statutes - Title 2. Agriculture

within one (1) mile of ten or more occupied residences shall not be

deemed a nuisance unless it is shown by a preponderance of the

evidence that the operation endangers the health or safety of

others.

Added by Laws 1969, c. 116, § 10. Amended by Laws 1993, c. 315, §

1, eff. Sept. 1, 1993; Laws 1997, c. 331, § 16, eff. Sept. 1, 1997.

Renumbered from § 9-210 of this title by Laws 2005, c. 292, § 25,

eff. July 1, 2005. Amended by Laws 2007, c. 31, § 18, eff. Nov. 1,

2007.

§2-20-19. Setback requirements.

A. Except as authorized by this subsection, no liquid swine

waste shall be land applied within five hundred (500) feet of the

nearest corner of an occupied residence not owned or leased by the

owner of the swine feeding operation.

B. Except as otherwise provided by Section 20-20 of this title,

no concentrated swine feeding operation shall be established within

one (1) mile of ten or more residences that are occupied residences

at the time of the establishment of the concentrated swine feeding

operation.

C. The proscription contained in subsections A and B of this

section shall not apply if the applicable property owner executes a

written waiver with the owner or operator of the swine feeding

operation, under the terms and conditions that the parties

negotiate. The written waiver becomes effective upon recording of

the waiver in the offices of the recorder of deeds in the county

where the property is located. The filed waiver shall preclude

enforcement of the setback requirements contained in subsections A

and B of this section. A change in ownership of the applicable

property or change in the ownership of the property on which the

swine feeding operation is located shall not affect the validity of

the waiver.

D. No liquid swine waste shall be land applied within three

hundred (300) feet of an existing public or private drinking water

well.

E. Except as provided by Section 20-20 of this title, no

concentrated swine feeding operation shall be established if

located:

1. Within three (3) miles of a state park or resort;

2. On land within three (3) miles of the incorporated limits of

any municipality, unless the municipality's governing body executes

a written waiver of the setback for the particular swine feeding

operation. A change in ownership of the property on which the

animal feeding operation is located shall not affect the validity of

the waiver; or

Oklahoma Statutes - Title 2. Agriculture

3. Within three (3) miles of the high water mark of a surface

public water supply if the concentrated swine feeding operation is

located within the drainage basin for the public water supply.

F. All distances between occupied residences and swine feeding

operations shall be measured from the closest corner of the walls of

the occupied residence to the closest point of the nearest waste

facility, as determined by the Department. The property boundary

line of the real property is not used unless it coincides with the

closest point of the waste facility or occupied residence.

Added by Laws 1997, c. 331, § 17, eff. Sept. 1, 1997. Amended by

Laws 1998, c. 404, § 14, emerg. eff. June 10, 1998. Renumbered from

§ 9-210.1 of this title by Laws 2005, c. 292, § 25, eff. July 1,

2005. Amended by Laws 2007, c. 31, § 19, eff. Nov. 1, 2007; Laws

2017, c. 90, § 3, eff. Nov. 1, 2017.

§2-20-20. Exemptions applicable to certain operations.

A. The provisions of Section 20-19 of this title relating to

setback requirements and the provisions of subsections B and C of

Section 20-12 of this title relating to utilization of liners in

retention structures or documentation of no hydrologic connection

and to a minimum separation of ten (10) feet between the bottom of

the retention structure and the maximum groundwater elevation shall

not apply to any concentrated swine feeding operation that is

licensed by or submitted a substantially completed application on or

before September 1, 1997.

B. Any expanding operations shall be in accordance with the

Oklahoma Swine Feeding Operations Act and rules promulgated pursuant

thereto.

Added by Laws 1997, c. 331, § 18, eff. Sept. 1, 1997. Amended by

Laws 1998, c. 404, § 15, eff. Aug. 1, 1998. Renumbered from § 9210.2 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005.

Amended by Laws 2007, c. 31, § 20, eff. Nov. 1, 2007.

§2-20-21. Liquid swine waste management systems - Location.

Except as otherwise provided by Section 20-19 of this title and

subsection I of this section, swine feeding operations using liquid

swine waste management systems and housing swine in roof-covered

structures shall not be located within the following applicable

distances from an occupied residence:

1. More than 4000 swine animal units..............2 miles;

2. 2001 to 4000 swine animal units................1 1/4 miles;

3. 1001 to 2000 swine animal units................3/4 mile;

4. 601 to 1000 swine animal units.................1/2 mile;

5. 300 to 600 swine animal units..................1/4 mile; and

6. Less than 300 swine animal units...............no setback.

B. Except as otherwise provided by Section 20-19 of this title

and subsection I of this section, new swine feeding operations

Oklahoma Statutes - Title 2. Agriculture

established on or after November 1, 2011, using liquid swine waste

management systems and housing swine in roof-covered structures

shall not be located within three (3) miles from the outside

boundary of any area or facility with an average annual registered

attendance of not less than two thousand (2,000) people and owned or

operated as a camp or recreational site by a nonprofit organization

established prior to application of the swine feeding operation.

C. Except as otherwise provided by Section 20-19 of this title

and subsection I of this section, new swine feeding operations

established on or after November 1, 2011, using liquid swine waste

management systems and housing swine in roof-covered structures

shall not be located within one (1) mile from the outside boundary

of any area or facility with an average annual registered attendance

of less than two thousand (2,000) people and owned or operated as a

camp or recreational site by a nonprofit organization established

prior to application of the swine feeding operation.

D. Except as otherwise provided by this section, no licensed

managed feeding operation which applies for a new or expanding

concentrated swine feeding operation license shall be located within

three (3) miles of the outside boundary of any area or facility

owned or operated as a camp or recreational site by a nonprofit

organization established prior to application of the concentrated

swine feeding operation.

E. 1. In determining whether any such area or facility is a

camp or recreational site, the State Board of Agriculture shall

consider:

a.

whether a reasonable person, after considering the

totality of the circumstances, would determine that

the area or facility is predominately used for camping

or recreational purposes,

b.

the type of permanent structures or fixtures of a

recreational nature located on the land,

c.

the frequency with which the site is used for

recreational purposes,

d.

the types of activities which are conducted or engaged

in on the site, and

e.

any other factors the Board deems directly relevant to

the question of whether a site is recreational in

nature.

2. The setbacks contained in subsections B, C and D shall apply

only if the property was owned or leased by such organization prior

to the construction or establishment of the swine feeding operation.

F. The setback requirements contained in subsections A, B, C or

D of this section shall not apply to any property owner who executes

a written waiver with the owner or operator of the swine feeding

operation, under such terms and conditions as are agreed to by the

parties. The written waiver shall be effective upon recording of

Oklahoma Statutes - Title 2. Agriculture

the waiver in the office of the county clerk in the county in which

the property is located. The filed waiver shall preclude

enforcement of the setback requirements of subsection A, B, C or D

of this section with regard to property described in the waiver and

owned by the person executing the waiver. A change in ownership of

the applicable property or change in ownership of the property on

which the swine feeding operation is located shall not affect the

validity of the waiver.

G. No licensed managed feeding operation established after June

10, 1998, which applies for a new or expanding license shall be

located:

1. Within three (3) miles of any designated scenic river area

as specified by the Scenic Rivers Act;

2. Within three (3) miles of the outside boundary of any

historic property or museum owned by this state;

3. Within three (3) miles of a public drinking water well;

4. Within one (1) mile of a water body specified as outstanding

resource waters that has recreational or ecological significance as

outlined by the most current Oklahoma Water Quality Standards

promulgated by the Department of Environmental Quality; or

5. Within three (3) miles of a national park designated by the

United States Department of the Interior National Park Service.

H. All distances between occupied residences and swine feeding

operations shall be measured from the closest corner of the walls of

the occupied residence to the closest point of the nearest waste

facility, as determined by the Oklahoma Department of Agriculture,

Food, and Forestry. The property boundary line of the real property

is not used unless it coincides with the closest point of the waste

facility or occupied residence.

I. The provisions of this section shall not apply to any swine

feeding operation which has been licensed by or which had submitted

an application to the Department on or prior to March 9, 1998. In

addition, the provisions of this section shall not apply to any

swine feeding operation with a capacity of 2,000 swine animal units

or less which was established prior to June 1, 1998.

Added by Laws 1998, c. 404, § 16, emerg. eff. June 10, 1998.

Renumbered from § 9-210.3 of this title by Laws 2005, c. 292, § 25,

eff. July 1, 2005. Amended by Laws 2007, c. 31, § 21, eff. Nov. 1,

2007; Laws 2011, c. 215, § 2, eff. Nov. 1, 2011; Laws 2022, c. 185,

§ 2, eff. Nov. 1, 2022.

§2-20-22. Prohibition of new or expanded feeding operations within

certain distance upstream of Pensacola Project boundary.

The Oklahoma Department of Agriculture, Food, and Forestry shall

not accept or approve any pending applications requesting permits

for construction or expansion of any concentrated swine feeding

operation to be located within one (1) mile upstream of the

Oklahoma Statutes - Title 2. Agriculture

Pensacola Project boundary as described in the records of the Grand

River Dam Authority and the Federal Emergency Management Agency.

Any operation authorized or permitted prior to April 17, 2002, shall

not be affected by the provisions of this section.

Added by Laws 2005, c. 292, § 23, eff. July 1, 2005. Amended by

Laws 2007, c. 31, § 22, eff. Nov. 1, 2007.

§2-20-23. Exceeding swine animal unit capacity – Criteria - Notice.

A. A concentrated swine feeding operation may exceed its swine

animal unit capacity if:

1. A diseased or potentially diseased swine exists at the

operation; or

2. A diseased or potentially diseased swine is in the next

destination for the production line for the operation; and

3. The owner of the concentrated swine feeding operation has

reasonable cause to believe a swine has or may have any disease

causing:

a.

a public health emergency,

b.

a substantial and imminent economic hardship to the

owner, or

c.

a substantial and imminent threat to the swine

population of the state; or

4. The State Board of Agriculture issues an order establishing

temporary restrictions, a quarantine, or a quarantine zone

restricting the movement of persons, livestock, machinery, and

personal property out of a concentrated swine feeding operation.

B. In no case shall a swine animal unit capacity be exceeded

for more than five (5) days following a confirmatory test indicating

that either the swine is diseased or is not diseased. A

confirmatory test shall be performed within twenty (20) days of

discovery that a diseased or potentially diseased swine exists at

the operation.

C. The owner of a concentrated swine feeding operation shall

provide written notification to the Oklahoma Department of

Agriculture, Food, and Forestry upon discovery of a diseased or

potentially diseased swine pursuant to subsection A of this section

that may result in the swine animal unit capacity being exceeded.

D. The notice shall:

1. Identify the concentrated swine feeding operation that may

exceed its swine animal unit capacity; and

2. Include an estimate of the number of swine exceeding the

swine animal unit capacity at the concentrated swine feeding

operation.

Added by Laws 2004, c. 31, § 2, emerg. eff. March 30, 2004.

Renumbered from § 20-49 of this title by Laws 2005, c. 292, § 25,

eff. July 1, 2005. Amended by Laws 2007, c. 31, § 23, eff. Nov. 1,

2007.

Oklahoma Statutes - Title 2. Agriculture

§2-20-24.

Repealed by Laws 2005, c. 292, § 26, eff. July 1, 2005.

§2-20-25. Suspension, revocation, or nonrenewal of license.

A. 1. The State Board of Agriculture shall have the power to

suspend, revoke or not renew the license of any swine feeding

operation after a hearing, and after an administrative determination

that the swine feeding operation has violated or has failed to

comply with any of the provisions of the Oklahoma Swine Feeding

Operations Act, or any rule promulgated pursuant thereto.

2. The Board shall have the power and duty to reinstate any

such suspended or revoked licenses, or renew the licenses, upon a

satisfactory and acceptable showing and assurance that the swine

feeding operation conducted swine feeding operations in conformity

with, and in compliance with, the provisions of the Oklahoma Swine

Feeding Operations Act and rules promulgated pursuant thereto, and

that conformity and compliance will be continuous.

B. In order to protect the public health and safety and the

environment of this state, the Board, pursuant to the Oklahoma Swine

Feeding Operations Act, may deny issuance of a license or transfer

of a license to establish and operate a swine feeding operation to

any person or other legal entity which:

1. Is not in substantial compliance with a final agency order

or any final order or judgment of a court of record secured by any

state or federal agency relating to swine feeding operations; or

2. Has evidenced a reckless disregard for the protection of the

public and the environment as demonstrated by a history of

noncompliance with environmental laws and rules resulting in

endangerment of human health or the environment.

C. Any action taken in regard to the denial, suspension or

revocation of a license shall be in conformity with the rules of the

Board governing Administrative Procedures and the Administrative

Procedures Act.

Added by Laws 1969, c. 116, § 11. Amended by Laws 1997, c. 331, §

19, eff. Sept. 1, 1997; Laws 1998, c. 404, § 17, eff. Aug. 1, 1998.

Renumbered from § 9-211 of this title by Laws 2005, c. 292, § 25,

eff. July 1, 2005. Amended by Laws 2007, c. 31, § 24, eff. Nov. 1,

2007; Laws 2024, c. 52, § 1, eff. Nov. 1, 2024.

§2-20-26. Penalties.

A. Any person violating the provisions of the Oklahoma Swine

Feeding Operations Act or any rule of the State Board of Agriculture

promulgated pursuant thereto shall, upon conviction, be deemed

guilty of a misdemeanor and upon conviction thereof may be punished

by a fine not exceeding Two Hundred Dollars ($200.00).

B. Any owner or operator who fails to take such action as may

be reasonable and necessary to avoid pollution of any stream, lake,

Oklahoma Statutes - Title 2. Agriculture

river or creek, except as otherwise provided by law, or who violates

any rule of the Board adopted to prevent water pollution from swine

feeding operations pursuant to this act shall, upon conviction, be

deemed guilty of a misdemeanor, and upon conviction thereof may be

punished by a fine of Five Hundred Dollars ($500.00) to Ten Thousand

Dollars ($10,000.00) for each violation, by imprisonment in the

county jail for not more than six (6) months for each violation, or

by the assessment of a civil penalty up to Ten Thousand Dollars

($10,000.00) for each violation or by any of such fine,

imprisonment, and civil penalty.

C. 1. In addition to the criminal and civil penalties

specified by this section, the Oklahoma Department of Agriculture,

Food, and Forestry may:

a.

assess an administrative penalty of not more than Ten

Thousand Dollars ($10,000.00) per day of

noncompliance, or

b.

bring an action for injunctive relief granted by a

district court.

2. A district court may grant injunctive relief to prevent a

violation of, or to compel compliance with, any of the provisions of

the Oklahoma Swine Feeding Operations Act or any rule promulgated

thereunder or order, license or permit issued pursuant to the

Oklahoma Swine Feeding Operations Act.

3. Nothing in this section shall preclude the Department from

seeking penalties in district court in the maximum amount allowed by

law. The assessment of penalties in an administrative enforcement

proceeding shall not prevent the subsequent assessment by a court of

the maximum civil or criminal penalties for violations of the

Oklahoma Swine Feeding Operations Act.

D. Any person assessed an administrative or civil penalty may

be required to pay, in addition to such penalty amount and interest

thereon, attorneys fees and costs associated with the collection of

such penalties.

E. The Attorney General or the district attorney of the

appropriate district court of Oklahoma may bring an action in a

court of competent jurisdiction for the prosecution of a violation

by any person of a provision of the Oklahoma Swine Feeding

Operations Act or any rule promulgated thereunder, or order, license

or permit issued pursuant thereto.

F. 1. Any action for injunctive relief to redress or restrain

a violation by any person of the Oklahoma Swine Feeding Operations

Act or for any rule promulgated thereunder, or order, license, or

permit issued pursuant thereto or recovery of any administrative or

civil penalty assessed pursuant to the Oklahoma Swine Feeding

Operations Act may be brought by:

a.

the district attorney of the appropriate district

court of the State of Oklahoma,

Oklahoma Statutes - Title 2. Agriculture

b.

the Attorney General on behalf of the State of

Oklahoma, or

c.

the Department on behalf of the State of Oklahoma.

2. The court shall have jurisdiction to determine said action,

and to grant the necessary or appropriate relief, including but not

limited to mandatory or prohibitive injunctive relief, interim

equitable relief, and punitive damages.

3. It shall be the duty of the Attorney General and district

attorney if requested by the Commissioner of Agriculture to bring

such actions.

G. Except as otherwise provided by law, administrative and

civil penalties shall be paid into the State Department of

Agriculture Revolving Fund.

H. In determining the amount of a civil penalty or

administrative penalty, the court or the Department, as the case may

be, shall consider such factors as the nature, circumstances and

gravity of the violation or violations, the economic benefit, if

any, resulting to the defendant from the violation, the history of

such violations, any good-faith efforts to comply with the

applicable requirements, the economic impact of the penalty on the

defendant, the defendant's degree of culpability, and such other

matters as justice may require.

I. For the purposes of this section, each day upon which a

violation is committed or is permitted to continue shall be deemed a

separate offense.

J. In addition to other penalties as may be imposed by law, any

person who knowingly makes any false statement, representation or

certification in any water pollution form, notice or report, or who

knowingly renders inaccurate any monitoring device or method

required to be maintained by any water pollution rules promulgated

by the Board, shall, upon conviction, be guilty of a misdemeanor and

may be subject to a fine of not more than Five Thousand Dollars

($5,000.00) for each violation.

Added by Laws 1969, c. 116, § 12. Amended by Laws 1981, c. 277, §

1, emerg. eff. June 26, 1981; Laws 1993, c. 99, § 1, emerg. eff.

April 20, 1993; Laws 1997, c. 331, § 20, eff. Sept. 1, 1997; Laws

1998, c. 404, § 18, eff. Aug. 1, 1998. Renumbered from § 9-212 of

this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended

by Laws 2007, c. 31, § 25, eff. Nov. 1, 2007.

§2-20-27. Renumbered as § 20-63 of this title by Laws 2007, c. 31,

§ 51, eff. Nov. 1, 2007.

§2-20-28. Codification.

The Oklahoma Swine Feeding Operations Act shall be enacted as a

part of the Agricultural Code and shall be codified accordingly.

Oklahoma Statutes - Title 2. Agriculture

Added by Laws 1969, c. 116, § 14. Amended by Laws 1997, c. 331, §

21, eff. Sept. 1, 1997. Renumbered from § 9-214 of this title by

Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007,

c. 31, § 27, eff. Nov. 1, 2007.

§2-20-29. Repealer.

All laws or parts of laws in conflict herewith are repealed.

Added by Laws 1969, c. 116, § 15. Renumbered from § 9-215 of this

title by Laws 2005, c. 292, § 25, eff. July 1, 2005.

§2-20-40. Short title - Purpose.

A. Sections 28 through 50 of this act shall be known and may be

cited as the "Oklahoma Concentrated Animal Feeding Operations Act”.

B. The purpose of the Oklahoma Concentrated Animal Feeding

Operations Act is to provide for environmentally responsible

construction and expansion of animal feeding operations and to

protect the safety, welfare and quality of life of persons who live

in the vicinity of an animal feeding operation.

Added by Laws 2007, c. 31, § 28, eff. Nov. 1, 2007.

§2-20-41. Definitions.

A. Concentrated animal feeding operations are point sources

subject to the license program established pursuant to the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act.

B. As used in the Oklahoma Concentrated Animal Feeding

Operations Act:

1. "Affected property owner" means a surface landowner within

one (1) mile of the designated perimeter of an animal feeding

operation;

2. "Animal feeding operation" means a lot or facility where the

following conditions are met:

a.

animals have been, are, or will be stabled or confined

and fed or maintained for a total of ninety (90)

consecutive days or more in any twelve-month period,

and

b.

crops, vegetation, forage growth or post-harvest

residues are not sustained in the normal growing

season over any portion of the lot or facility.

The term "animal feeding operation" shall not include a racetrack

licensed by the Oklahoma Horse Racing Commission to hold pari-mutuel

race meetings pursuant to the Oklahoma Horse Racing Act if the

facility discharges to a publicly owned treatment works, or an

aquatic animal production facility;

3. "Animal unit" means a unit of measurement for any animal

feeding operation calculated by adding the following numbers: The

number of slaughter and feeder cattle multiplied by one (1), plus

Oklahoma Statutes - Title 2. Agriculture

the number of mature dairy cattle multiplied by one and four-tenths

(1.4), plus the number of sheep multiplied by one-tenth (0.1), plus

the number of horses multiplied by two (2);

4. "Animal waste" means animal excrement, animal carcasses,

feed wastes, process wastewaters or any other waste associated with

the confinement of animals from an animal feeding operation;

5. "Animal Waste Management Plan" or "Nutrient Management Plan"

means a written plan that includes a combination of conservation and

management practices designed to protect the natural resources of

the state prepared by an owner or operator of an animal feeding

operation as required by the Department pursuant to the provisions

of Section 20-48 of this title;

6. "Animal waste management system" means a combination of

structures and nonstructural practices serving an animal feeding

operation that provides for the collection, treatment, disposal,

distribution, storage and land application of animal waste;

7. "Artificially constructed" means constructed by humans;

8. "Best Management Practices" means schedules of activities,

prohibitions of practices, maintenance procedures, and other

management practices to prevent or reduce the pollution of waters of

the state as established by the Oklahoma Department of Agriculture,

Food, and Forestry pursuant to Section 20-48 of this title;

9. "Board" means the State Board of Agriculture;

10. "Common ownership" includes but is not limited to any

corporation, partnership or individual where the same owner has

power or authority to manage, direct, restrict, regulate or oversee

the operation or has financial control of the facility;

11. "Concentrated animal feeding operation" means:

a.

an animal feeding operation which meets the following

criteria:

(1) more than the number of animals specified in any

of the following categories are confined:

(a) 1,000 slaughter and feeder cattle,

(b) 700 mature dairy cattle, whether milk or dry

cows,

(c) 500 horses,

(d) 10,000 sheep or lambs,

(e) 55,000 turkeys,

(f) 100,000 laying hens or broilers, if the

facility has continuous overflow watering,

(g) 30,000 laying hens or broilers, if the

facility has a liquid manure system,

(h) 5,000 ducks, or

(i) 1,000 animal units, and

(2) pollutants are discharged into waters of the

state.

Oklahoma Statutes - Title 2. Agriculture

Provided, no animal feeding operation pursuant to this

subparagraph shall be construed to be a concentrated

animal feeding operation if the animal feeding

operation discharges only in the event of a twentyfive-year, twenty-four-hour storm event, or

b.

an animal feeding operation which meets the following

criteria:

(1) more than the number of animals specified in any

of the following categories are confined:

(a) 300 slaughter or feeder cattle,

(b) 200 mature dairy cattle, whether milk or dry

cows,

(c) 150 horses,

(d) 3,000 sheep or lambs,

(e) 16,500 turkeys,

(f) 30,000 laying hens or broilers, if the

facility has continuous overflow watering,

(g) 9,000 laying hens or broilers, if the

facility has a liquid manure system,

(h) 1,500 ducks, or

(i) 300 animal units, and

(2) either one of the following conditions are met:

(a) pollutants are discharged into waters of the

state through an artificially constructed

ditch, flushing system or other similar

artificially constructed device, or

(b) pollutants are discharged directly into

navigable waters which originate outside of

and pass over, across or through the

facility or otherwise come into direct

contact with the animals confined in the

operation.

Provided, however, that no animal feeding operation

pursuant to this subparagraph is a concentrated animal

feeding operation if the animal feeding operation

discharges only in the event of a twenty-five-year,

twenty-four-hour storm event, or

c.

the Board determines that the operation is a

significant contributor of pollution to waters of the

state pursuant to Section 20-44 of this title;

12. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

13. "Designated perimeter" means the perimeter of any structure

or combination of structures utilized to control animal waste until

it can be disposed of in an authorized manner. The structures shall

include but not be limited to pits, burial sites, barns or roof-

Oklahoma Statutes - Title 2. Agriculture

covered structures housing animals, composters, waste storage sites,

or retention structures or appurtenances or additions thereto;

14. "Facility" means any place, site or location or part

thereof where animals are kept, handled, housed, or otherwise

maintained and processed and includes but is not limited to

buildings, lots, pens, and animal waste management systems;

15. "Interested party" means an affected property owner found

to meet the burden of proof pursuant to the provisions of Section

20-46 of this title;

16. "Land application" means the spreading on, or incorporation

of, animal waste into the soil mantle primarily for beneficial

purposes;

17. "Liquid animal waste management system" means any animal

waste management system which uses water as the primary carrier of

the waste into a primary retention structure;

18. "Nutrient-limited watershed" means a watershed of a water

body which is designated as "nutrient-limited" in the most recent

Oklahoma Water Quality Standards;

19. "Nutrient-vulnerable groundwater" means groundwater which

is designated "nutrient-vulnerable" in the most recent Oklahoma

Water Quality Standards;

20. "Occupied residence" means a habitable structure designed

and constructed for full-time occupancy in all weather conditions

which:

a.

is not readily mobile,

b.

is connected to a public or permanent source of

electricity and a permanent waste disposal system or

public waste disposal system, and

c.

is occupied as a residence;

21. "Pollution Prevention Plan" means a written plan to control

the discharge of pollutants which has been prepared in accordance

with industry-acceptable engineering and management practices by the

owner or operator of an animal feeding operation as required

pursuant to Section 20-47 of this title;

22. "Process wastewater" means any water utilized in the

facility that comes into contact with any manure, litter, bedding,

raw, intermediate, or final material or product used in or resulting

from the production of animals and any products directly or

indirectly used in the operation of a facility, such as spillage or

overflow from animal watering systems; washing, cleaning, or

flushing pens, barns, manure pits, direct contact, swimming, washing

or spray cooling of animals; and dust control and any precipitation

which comes into contact with animals or animal waste;

23. "Retention structures" includes but is not limited to all

collection ditches, conduits and swales for the collection of runoff

water and process wastewater, and basins, ponds and lagoons or other

structures used to store animal wastes;

Oklahoma Statutes - Title 2. Agriculture

24. "Waste facility" means any structure or combination of

structures utilized to control animal waste until it can be disposed

of in an authorized manner. The structures shall include but not be

limited to pits, burial sites, barns or roof-covered structures

housing animals, composters, waste storage sites, or retention

structures or appurtenances or additions thereto; and

25. "Waters of the state" means all streams, lakes, ponds,

marshes, watercourses, waterways, wells, springs, irrigation

systems, drainage systems, storm sewers and all other bodies or

accumulations of water, surface and underground, natural or

artificial, public or private, which are contained within, flow

through or border upon this state or any portion thereof, and shall

include under all circumstances the waters of the United States

which are contained within the boundaries of, flow through or border

upon this state or any portion thereof. Provided, waste treatment

systems, including treatment ponds and lagoons, designed to meet

federal and state requirements other than cooling ponds as defined

in the Clean Water Act or rules promulgated pursuant thereto are not

waters of the state.

Added by Laws 2007, c. 31, § 29, eff. Nov. 1, 2007. Amended by Laws

2015, c. 126, § 1, eff. Nov. 1, 2015.

§2-20-42. Rulemaking and employing authority.

The State Board of Agriculture is authorized to promulgate rules

for the administration, implementation, and enforcement of the

Oklahoma Concentrated Animal Feeding Operations Act. For the

performance of its duties and responsibilities, the Board is

authorized to employ such personnel and agents as may be required

with the funds available.

Added by Laws 2007, c. 31, § 30, eff. Nov. 1, 2007.

§2-20-43.

Repealed by Laws 2013, c. 118, § 25, eff. Nov. 1, 2013.

§2-20-44. Mandatory and voluntary licensure - Designation of

operations.

A. 1. Any animal feeding operation meeting the criteria

defining a concentrated animal feeding operation shall be required

to obtain a license to operate pursuant to the Oklahoma Concentrated

Animal Feeding Operations Act and rules promulgated pursuant

thereto.

2. No animal feeding operation which voluntarily obtains a

license pursuant to the Oklahoma Concentrated Animal Feeding

Operations Act shall be considered to be a concentrated animal

feeding operation unless the operation meets the definition of

concentrated animal feeding operation.

3. Any animal feeding operation other than a concentrated

animal feeding operation, regardless of the number of animals, shall

Oklahoma Statutes - Title 2. Agriculture

only be required to be licensed pursuant to the provisions of the

Oklahoma Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto if the State Board of Agriculture

determines the operation to be a significant contributor of

pollution to waters of the state pursuant to subsection C of this

section.

B. Two or more animal feeding operations under common ownership

are considered, for the purposes of licensure, to be a single animal

feeding operation if they adjoin each other or if they use a common

area or system for the disposal of wastes.

C. 1. The State Board of Agriculture may make a case-by-case

designation of concentrated animal feeding operations pursuant to

this section. Any animal feeding operation may be designated as a

concentrated animal feeding operation if it is determined to be a

significant contributor of pollution to the waters of the state. In

making this designation, the Board shall consider the following

factors:

a.

the size of the animal feeding operation and the

amount of wastes reaching waters of the state,

b.

the location of the animal feeding operation relative

to waters of the state,

c.

the means of conveyance of animal waste and wastewater

into waters of the state,

d.

the method of disposal for animal waste and process

wastewater disposal,

e.

the slope, vegetation, rainfall and other factors

affecting the likelihood or frequency of discharge of

animal wastes and process wastewaters into waters of

the state, and

f.

other such factors relative to the significance of the

pollution problem sought to be regulated.

2. In no case shall an application for a license be required

from an animal feeding operation pursuant to this subsection until

there has been an on-site inspection of the operation and a

determination by the Oklahoma Department of Agriculture, Food, and

Forestry that the operation is a concentrated animal feeding

operation. Should the Department determine that the operation is a

concentrated animal feeding operation, the Department shall notify

the operation of the determination and of an opportunity for the

owner or operator of the facility to request an administrative

hearing on the issue.

3. Process wastewater in the overflow may be discharged to

navigable waters whenever rainfall events, either chronic or

catastrophic, cause an overflow of process wastewater from a

retention structure properly designed, constructed and operated to

contain all process wastewaters plus the runoff from a twenty-fiveyear, twenty-four-hour rainfall event for the location of the point

Oklahoma Statutes - Title 2. Agriculture

source. There shall be no effluent limitations on discharges from a

waste facility constructed, and properly maintained to contain the

twenty-five-year, twenty-four-hour storm event; provided the proper

design, construction, and operation of the retention structure shall

include, but not be limited to, one (1) foot of free board.

D. No new concentrated animal feeding operation or expansion of

a concentrated animal feeding operation requiring a license pursuant

to the Oklahoma Concentrated Animal Feeding Operations Act shall be

constructed or placed in operation unless final design plans,

specifications and a Pollution Prevention Plan developed pursuant to

Section 35 of this act have been approved by the Department.

Added by Laws 2007, c. 31, § 32, eff. Nov. 1, 2007.

§2-20-45. Application for license.

A. The State Board of Agriculture shall cause to be prepared

and available, for any person desiring or required to apply for a

license to operate a new or previously unlicensed animal feeding

operation, the necessary forms and applications.

B. The application for a license to operate a new or previously

unlicensed animal feeding operation shall contain, as a minimum, the

following information:

1. Name and address of the owner and operator of the facility;

2. Name and address of the animal feeding operation;

3. Capacity in animal units, and number and type of animals

housed or confined;

4. A diagram or map and legal description showing geographical

location of the facility on which the perimeters of the facility are

designated, location of waters of the state, including, but not

limited to, drainage from the facility, animal waste storage

facilities and land application sites owned or leased by the

applicant;

5. A copy of the Pollution Prevention Plan containing an Animal

Waste Management Plan, Best Management Practices, or such other plan

authorized by the Oklahoma Concentrated Animal Feeding Operations

Act and approved by the Department;

6. A copy of the written waiver by an adjacent property owner

to the facility releasing specified setback requirements as provided

by Section 44 of the Oklahoma Concentrated Animal Feeding Operations

Act; and

7. Any other information deemed necessary by the Oklahoma

Department of Agriculture, Food, and Forestry to administer the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act and rules promulgated pursuant thereto.

C. 1. An application for renewal of a license to operate an

animal feeding operation shall be considered to be properly filed

when the Department has received a completed renewal application and

payment of fees from the applicant.

Oklahoma Statutes - Title 2. Agriculture

2. If the application for renewal is denied, written

notification of the denial and an opportunity for an administrative

hearing on the denial shall be given to the applicant by the

Department. The notification shall set forth the reasons for the

denial, steps necessary to meet the requirements for issuance of the

renewal license and the opportunity for the applicant to request an

administrative hearing.

D. For transfer of a license to a new owner or operator, the

following conditions shall be met:

1. The new owner or operator shall submit to the Department a

transfer application, attaching any change of conditions resulting

from the transfer of ownership or operation;

2. After receipt of the information required, the Department

shall review the information, and within sixty (60) days, issue

approval or denial of the transfer. Transfer of a license shall be

denied only if:

a.

the new owner or operator cannot comply with the

requirements of transfer,

b.

the Department finds a material or substantial change

in conditions since the issuance of the original

license to operate the animal feeding operation,

c.

failure of the new owner or operator to meet any other

conditions or requirements for compliance established

by the Department pursuant to the Oklahoma

Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto, or

d.

the new owner or operator has failed to meet the

requirements of Section 48 of the Oklahoma

Concentrated Animal Feeding Operations Act; and

3. If a transfer is denied, written notification of the denial

and an opportunity for an administrative hearing on the denial shall

be given to the applicant for a transfer license by the Department.

The notification shall set forth the reasons for the denial, steps

necessary to meet the requirements for a transfer license, and the

opportunity for the applicant to request an administrative hearing.

E. Any suspension or revocation or nonrenewal of a license

issued pursuant to the Oklahoma Concentrated Animal Feeding

Operations Act by the Board shall be made in accordance with Section

48 of this act.

F. In addition to other information required for issuance of a

new or transfer license, an application for a new or transfer

license for a concentrated animal feeding operation shall contain

the following information:

1.

a.

A statement of ownership.

(1) If the applicant is a firm or partnership, the

name and address of each member thereof shall be

included in the application.

Oklahoma Statutes - Title 2. Agriculture

(2)

If the applicant is a corporation, the name and

address of the corporation and the name and

address of each officer and registered agent of

the corporation shall be included in the

application.

(3) If the applicant is a partnership or other legal

entity, the name and address of each partner and

stockholder with an ownership interest of ten

percent (10%) or more shall be included in the

statement.

b.

The information contained in the statement of

ownership shall be public information and shall be

available upon request from the Board;

2. The name and address of the management, if the management is

not the applicant and is acting as agent for the applicant;

3.

a.

An environmental history from the past three (3) years

of any concentrated animal or swine feeding operation

established and operated by the applicant or any other

operation with common ownership in this state or any

other state. The environmental history shall include

but not be limited to all citations, administrative

orders or penalties, civil injunctions or other civil

actions, criminal actions, past, current and ongoing,

taken by any person, agency or court relating to

noncompliance with any environmental law, rule, agency

order, or court action relating to the operation of an

animal or swine feeding operation.

b.

A copy of all records relating to the environmental

history required by this paragraph shall accompany the

application.

c.

Noncompliance with a final agency order or final order

or judgment of a court of record which has been set

aside by a court on appeal of the final order or

judgment shall not be considered a final order or

judgment for the purposes of this subsection;

4. Environmental awards or citations received or pollution

prevention or voluntary remediation efforts undertaken by the

applicant; and

5. Any other information or records required by the Department

for purposes of implementing the Oklahoma Concentrated Animal

Feeding Operations Act or rules promulgated pursuant thereto.

G. 1. In addition to other penalties as may be imposed by law,

any person who knowingly makes any false statement, representation,

or certification in, omits material data from, or tampers with any

application for a license, or notice relating to the determination

of affected property owners, shall, upon conviction thereof, be

guilty of a misdemeanor and may be subject to a fine of not more

Oklahoma Statutes - Title 2. Agriculture

than Ten Thousand Dollars ($10,000.00) for each such violation. In

addition, the Department shall deny licensure to the applicant or

may require submission of a new application.

2. The responsibility for ensuring that all affected property

owners are notified pursuant to the provisions of this section shall

be upon the applicant.

Added by Laws 2007, c. 31, § 33, eff. Nov. 1, 2007. Amended by Laws

2016, c. 228, § 5, eff. Nov. 1, 2016.

§2-20-46. Notice and hearing requirements.

A. 1. Any person applying for a license for a new animal

feeding operation shall comply with the notice and hearing

requirements as specified by this section and rules promulgated by

the State Board of Agriculture.

2. Notice requirements shall include notice to affected

property owners by certified mail, return receipt requested pursuant

to subsection C of this section and public notice pursuant to

subsection D of this section.

B. 1. After submission of a completed application as provided

by the Oklahoma Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto, the Oklahoma Department of

Agriculture, Food, and Forestry shall have sixty (60) working days

to review the application for a new operation for physical and

technical suitability.

2.

a.

After review of the application, the Department may

request additional information from the applicant.

Upon receipt of the additional information, the

Department shall have an additional thirty (30)

working days to review the additional information.

b.

On or before the expiration of the additional thirty

(30) working days, the Department shall make a

determination as to whether the application is

complete and in compliance with all statutory

requirements and relevant rules of the Department or

request additional information pursuant to

subparagraph a of this paragraph.

C. 1. After the Department has determined that the application

is complete, the Department shall require the applicant to notify

all affected property owners that a completed application is on file

with the Department. Notice shall be sent by certified mail, return

receipt requested. The notice shall state that an application for a

new animal feeding operation has been submitted to the Department

and has been deemed to be complete, the location of the facility,

that a hearing may be requested within fifteen (15) working days

from the receipt of notice by the affected property owner and that a

copy of the completed application is available for public review

pursuant to paragraph 3 of subsection D of this section.

Oklahoma Statutes - Title 2. Agriculture

2. The State Board of Agriculture shall not act on the

application until the expiration of the time period set forth in

paragraph 1 of subsection G of this section. If a hearing is

requested pursuant to paragraph 1 of subsection G of this section,

the Board shall not take action on the application until the hearing

process is complete.

3. Establishment of property usage is the date the animal

feeding operation application was made available for public review

versus date of initial construction or placement of occupied

residence and shall be given consideration when determining a

contested matter between an applicant and an affected property owner

on issues other than pollution of the waters of the state.

D. 1. In addition to the individual notice, the Department

shall require the applicant to give public notice of the opportunity

to comment on the granting of the license.

2. The public notice for a new operation shall be published as

a legal notice prior to the date the application is available for

public viewing, in at least one newspaper of general circulation in

the county where the proposed facility is to be located.

3. The notice shall identify locations where the application

shall be available for viewing. The locations shall include the

office of the Department and a specific public location in the

county where the proposed facility is to be located.

4. The application shall be available for public review during

normal business hours. The copies of the application posted for

public viewing shall be complete except for proprietary provisions

otherwise protected by law and shall remain posted during normal

business hours for at least twenty (20) working days after notice is

published.

5. The Department, as necessary, may hold public meetings at a

location convenient to the population center nearest the proposed

facility to address public comments on the proposed facility.

E. Prior to the issuance of any license for an animal feeding

operation, the Department shall require the applicant to submit:

1. Documentation certifying notice has been issued to all

affected property owners. A map of all affected property owners and

the corresponding mailing list shall be submitted with each

application; and

2. Proof of publication notice of a new application for an

animal feeding operation license.

F. If no hearing is requested within the time periods set forth

in paragraph 1 of subsection G of this section, the application

shall be submitted to the State Board of Agriculture for

consideration and action.

G. 1. An affected property owner may request a hearing prior

to final approval of the application. All requests for a hearing

shall be filed with the Department within fifteen (15) working days

Oklahoma Statutes - Title 2. Agriculture

after the receipt of the notice by the affected property owner. In

requesting a hearing an affected property owner shall state in the

request:

a.

the name and address of the affected property owner

and proof of standing by showing a surface ownership

interest in the affected property, and

b.

specific allegations showing that the proposed

facility or expanding operation may have a direct,

substantial and immediate effect upon a legally

protected interest of the affected property owner.

The allegations shall address with specificity the

information contained within the application for

licensure. Furthermore, the allegations shall be

limited to demonstrating how the application is

deficient, how the deficiencies have a direct effect

on a legal interest of the affected property owner,

and how the application has failed to show that the

application should be granted. The allegations shall

also address the physical and technical suitability of

the proposed facility.

2. If any of the affected property owners request an

administrative hearing pursuant to paragraph 1 of this subsection

and all information listed in subparagraphs a and b of paragraph 1

of this subsection is found to be complete and adequate in the

request for a hearing, the Department shall schedule a preliminary

hearing at a reasonable time within sixty (60) calendar days.

Should the affected property owner fail to provide any of the

information required in the request for a hearing, the affected

property owner shall have ten (10) working days during which any

deficiencies may be cured after receipt of notice from the

Department of the failure. All affected property owners shall be

considered parties to the preliminary hearing scheduled by the

Department.

H. 1. The preliminary hearing shall be held at the Oklahoma

Department of Agriculture, Food, and Forestry before an

administrative law judge.

2. There shall be a rebuttable presumption on the part of the

applicant that the application in question is complete and in

compliance with all applicable statutes and rules.

3. It shall be the burden of the affected property owner(s) to

present an offer of proof showing by a preponderance of the

evidence:

a.

that the facility has a direct, substantial and

immediate effect upon a legally protected interest,

and

b.

that the direct, substantial and immediate effect upon

a legally protected interest arises directly from a

Oklahoma Statutes - Title 2. Agriculture

deficiency in the application or from the physical and

technical suitability of the proposed facility.

4. The administrative law judge, after all evidence is

presented by any affected property owner that requested a hearing,

shall afford the applicant an opportunity to respond to and rebut

the allegations presented and to show how the affected property

owner failed to meet the standards set forth in subparagraphs a and

b of paragraph 3 of this subsection.

5. Upon completion of the preliminary hearing, the

administrative law judge shall have twenty (20) working days in

which to issue an order granting or denying any affected property

owner a full administrative hearing. If an affected property owner

is denied a full administrative hearing, the administrative law

judge shall issue a written recommended order containing specific

findings of fact and conclusions of law on which the decision is

based.

6. If the administrative law judge finds an affected property

owner that requested a hearing failed to meet the burden of proof

set forth in paragraphs 2, 3, and 4 of this subsection, the

application shall be sent to the State Board of Agriculture along

with a copy of the recommended order of the administrative law judge

for consideration and action.

7. If the administrative law judge finds an affected property

owner met the burden of proof set forth in paragraph 3 of this

subsection, then a full administrative hearing shall be scheduled in

accordance with the Administrative Procedures Act.

8. The administrative law judge may separately grant or deny a

full administrative hearing for each affected property owner when

more than one is party to the preliminary hearing.

I. 1. An affected property owner meeting the burden of proof

pursuant to subsection H of this section shall be entitled to a full

administrative hearing pursuant to the Administrative Procedures

Act. Only those affected property owners found meeting the burden

of proof pursuant to subsection H of this section are entitled to a

full administrative hearing.

2. The scheduling conference for the hearing shall be held by

the Department at a reasonable time within thirty (30) working days

after the administrative law judge has issued a written order. All

interested parties may be joined as parties to the hearing.

3. An affected property owner may at any time waive his or her

rights to a hearing. If an affected property owner waives his or

her rights to a hearing, a signed and notarized document shall be

filed with the administrative law judge stating the affected

property owner waived his or her rights to a hearing, did so without

force or coercion, understands he or she is also waiving his or her

rights to any further hearing provided for under this section or the

Administrative Procedures Act and that the waiver shall be with

Oklahoma Statutes - Title 2. Agriculture

prejudice. The waiver of right to a hearing shall be admissible as

evidence in any court of the State of Oklahoma as evidence the

affected property owner waived his or her rights to any additional

hearings to which he or she may otherwise have been entitled.

4. At the administrative hearing, the administrative law judge

shall hear testimony and accept evidence pertaining to the physical

and technical suitability of the proposed facility and deficiencies

contained in the original application for the license. Based on

these grounds, it shall be the burden of the interested party to

show by clear and convincing evidence that the proposed facility

will have a direct, substantial and immediate effect upon a legally

protected interest of the interested party. Furthermore, there

shall be a rebuttable presumption that the application is complete

and in compliance with the relevant statutes and rules.

5. Any evidence presented at the administrative hearing shall

be directly related to allegations and evidence previously presented

by any affected property owner during the preliminary hearing.

Evidence not meeting this criteria shall only be admitted by the

administrative law judge upon a finding that:

a.

the evidence was unavailable to the interested party

prior to the preliminary hearing,

b.

the interested party exercised due diligence to

discover and present all relevant evidence at the

preliminary hearing,

c.

reasonable efforts to discover the information would

not have led to its discovery prior to the preliminary

hearing, or

d.

the applicant willfully concealed evidence or

information that would likely have assisted the

interested party in presenting its case at the

preliminary hearing.

6. At the administrative hearing, the interested party shall be

afforded a reasonable opportunity to present evidence and argument

in support of the allegations identified in the preliminary hearing,

and the applicant shall be afforded a reasonable opportunity to

present evidence and arguments to controvert those allegations.

7. The administrative hearing held pursuant to the provisions

of this subsection shall comply with the Administrative Procedures

Act and rules promulgated by the Board.

Added by Laws 2007, c. 31, § 34, eff. Nov. 1, 2007. Amended by Laws

2015, c. 126, § 2, eff. Nov. 1, 2015.

§2-20-47. Pollution Prevention Plan.

A. An animal feeding operation licensed pursuant to the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act shall develop a Pollution Prevention Plan or may substitute

equivalent measures contained in a site-specific Animal Waste

Oklahoma Statutes - Title 2. Agriculture

Management Plan prepared pursuant to Section 36 of this act. Design

and construction criteria developed by the United States Department

of Agriculture Natural Resources Conservation Service, may be

substituted for the documentation of design capacity and

construction requirements.

B. 1. The Pollution Prevention Plan shall be signed by the

owner or as otherwise authorized by the Oklahoma Department of

Agriculture, Food, and Forestry and a copy shall be retained on

site.

2. The animal feeding operation shall amend the Pollution

Prevention Plan and obtain approval of the Department prior to any

change in design, construction, operation or maintenance which has

significant effect on the potential for the discharge of pollutants

to the waters of the state.

C. If, after reviewing the Pollution Prevention Plan, the

Department determines that the Plan does not meet one or more of the

minimum requirements, the animal feeding operation shall make and

implement appropriate changes to the Plan as required by the

Department pursuant to the Oklahoma Concentrated Animal Feeding

Operations Act and rules promulgated pursuant thereto.

D. The Pollution Prevention Plan shall provide and require

presite approval by Departmental personnel prior to construction.

During construction, the Department shall monitor the construction

process as deemed necessary by the Department in an attempt to

verify the construction of the facility is done according to plans

and acceptable engineering standards to reduce or eliminate the

potential of pollution.

E. In addition to other requirements specified by this section,

the Pollution Prevention Plan shall include but not be limited to:

1. A description of potential sources, activities and materials

which may reasonably be expected to or could potentially add

pollutants to runoff from the facility;

2. A map, indicating an outline of the drainage area of the

facility, and each existing structural control measure designed to

reduce pollutants in wastewater and precipitation runoff in all

surface waters of the state;

3. A spill contingency plan for potential pollutants;

4. All existing sampling data of groundwater, nitrate and

coliform bacteria levels, soil tests from land application sites and

animal waste nutrient sampling;

5. A description of management controls appropriate for the

facility. The management controls shall include, but not be limited

to:

a.

the location and a description of existing structural

and nonstructural controls,

Oklahoma Statutes - Title 2. Agriculture

b.

documentation of retention structure capacity and the

assumptions and calculations used in determining the

appropriate volume capacity, and

c.

a description of the design standards for the

retention facility embankments;

6. A description of the design standards for any retention

facilities;

7. Training requirements for employees;

8. Documentation relating to any hydrologic connection between

the contained wastewater and waters of the state which complies with

Section 37 of this act; and

9. Requirements that all irrigation systems into which any

animal waste will be injected shall be equipped as specified by

Section 38 of this act.

F. The following records shall be maintained at the site as

long as the facility is in operation:

1. Water level in the retention structure;

2. Daily precipitation records from on-site rain gauge;

3. Incident reports such as spills and other discharges;

4. Inspection and maintenance reports;

5. Findings from annual inspections of the entire facility;

6. Log of preventive maintenance and employee training that was

completed;

7. Log of removal of animal waste sold or given to other

persons for disposal;

8. Other specific information deemed necessary by the

Department to implement the provisions of the Oklahoma Concentrated

Animal Feeding Operations Act and rules promulgated pursuant

thereto;

9. Copy of general permit issued by the United States

Environmental Protection Agency if applicable, a copy of the

completed Pollution Prevention Plan, and other specific records

deemed necessary by the Department to implement the provisions of

the Oklahoma Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto; and

10. The notarized statement signed by the applicant accepting

full responsibility for properly closing all waste retention

structures pursuant to subsection H of this section.

G. Any analyses required by the provisions of the Oklahoma

Concentrated Animal Feeding Operations Act or rules promulgated

pursuant thereto shall be performed by a qualified independent

testing laboratory certified by the Oklahoma Department of

Environmental Quality and approved by the Department.

H. The applicant shall sign a notarized statement accepting

full responsibility for properly closing all waste retention

structures if the facility ceases to function or is ordered to close

by action of the Department. When a license is transferred, the new

Oklahoma Statutes - Title 2. Agriculture

owner or lessee shall submit a signed notarized statement accepting

full responsibility for properly closing all waste retention

structures if the facility ceases to function or is ordered to close

by action of the Department.

Added by Laws 2007, c. 31, § 35, eff. Nov. 1, 2007.

§2-20-48. Best Management Practices - Animal Waste Management

Plans.

A. Animal feeding operations licensed pursuant to the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act shall utilize Best Management Practices, or may substitute for

best management practice equivalent measures contained in a sitespecific Animal Waste Management Plan meeting the conditions and

requirements established by subsection C of this section and by

rules promulgated by the Board pursuant to the Oklahoma Concentrated

Animal Feeding Operations Act.

B. The criteria for Best Management Practices shall be

promulgated by rule by the Board, based upon existing physical and

economic conditions, opportunities and constraints and shall

include, but not be limited to, the following:

1. There shall be no discharge of process wastewater to waters

of the state except in accordance with the provisions of the

Oklahoma Concentrated Animal Feeding Operations Act;

2. Animal waste shall be isolated from outside surface drainage

by ditches, dikes, berms, terraces or other such structures except

for a twenty-five-year, twenty-four-hour rainfall event;

3. No waters of the state shall come into direct contact with

the animals confined on the animal feeding operation;

4. Animal waste handling, treatment, management and removal

shall:

a.

not create an environmental or a public health hazard,

b.

not result in the contamination of public or private

drinking water supplies,

c.

conform with Oklahoma Water Quality Standards,

d.

not violate any state or federal laws relating to

endangered or threatened species of plant, fish or

wildlife or to migratory birds,

e.

conform to such other handling, treatment and

management and removal requirements deemed necessary

by the Oklahoma Department of Agriculture, Food, and

Forestry to implement the Oklahoma Concentrated Animal

Feeding Operations Act and rules promulgated pursuant

thereto, and

f.

ensure that watersheds and groundwater are adequately

protected;

5. If, for any reason, there is a discharge other than a spill

of less than one hundred (100) gallons, the licensee is required to

Oklahoma Statutes - Title 2. Agriculture

make immediate notification to the Department. The report of the

discharge shall include:

a.

a description and cause of the discharge, including a

description of the flow path to the receiving water

body,

b.

an estimation of the flow rate and volume discharged,

c.

the period of discharge, including exact dates and

times, and if not already corrected, the anticipated

time the discharge is expected to continue,

d.

steps taken to reduce, eliminate and prevent

recurrence of the discharge, and

e.

test results for fecal coliform bacteria, five-day

biochemical oxygen demand (BOD5), total suspended

solids (TSS), ammonia nitrogen, total Kjeldahl

nitrogen (TKN), any pesticides which the operator has

reason to believe could be in the discharge, or other

parameters as required by the Department which the

Department has reason to believe could be in the

discharge;

6. Notwithstanding the provisions of paragraph 5 of this

subsection, any spill that leaves the property owned or controlled

by the licensee shall be reported to the Department regardless of

total number of gallons spilled; and

7. The Department shall maintain records of all discharges and

shall separately maintain records of all spills.

C. The Animal Waste Management Plan shall include at a minimum:

1. Animal waste removal procedures;

2. Records of inspections of retention structures, including,

but not limited to, specific measurement of wastewater level;

3. All calculations in determining land application rates,

acreage and crops for the land application rate of both solid and

liquid animal wastes on land owned or controlled by the licensee;

4. Requirements including that:

a.

(1) land application of animal waste shall not exceed

the nitrogen uptake of the crop coverage or

planned crop planting with any land application

of wastewater or manure. Where local water

quality is threatened by phosphorous, in no case

shall the applicant or licensee exceed the

application rates in the most current Natural

Resources Conservation Service publication titled

Waste Utilization Standard, and

(2) timing and rate of applications shall be in

response to crop needs, expected precipitation

and soil conditions,

b.

land application practices shall be managed so as to

reduce or minimize:

Oklahoma Statutes - Title 2. Agriculture

(1)

the discharge of process water or animal waste to

waters of the state,

(2) contamination of waters of the state, and

(3) odor,

c.

facilities including waste retention structures, waste

storage sites, ponds, pipes, ditches, pumps, and

diversion and irrigation equipment shall be maintained

to ensure ability to fully comply with the terms of

the Oklahoma Concentrated Animal Feeding Operations

Act, and

d.

adequate equipment and land application area shall be

available for removal of such waste and wastewater as

required to maintain the proper operating volume of

the retention structure; and

5. Such other information deemed necessary by the Department to

administer the provisions of the Oklahoma Concentrated Animal

Feeding Operations Act and rules promulgated pursuant thereto.

D. Records shall be maintained of all animal wastes applied on

land owned or controlled by the licensee, and sold or given to other

persons for disposal.

E. Soils in areas in which animal waste is applied shall be

analyzed, annually, for phosphates, nitrates and soil pH prior to

the first application of the animal waste in the calendar year. A

copy of the results of the analysis shall be submitted to the

Department upon request by the Department. Such analysis shall be

retained by the animal feeding operation as long as the facility is

in operation.

F. Every animal feeding operation licensed pursuant to the

provisions of Oklahoma Concentrated Animal Feeding Operations Act

shall develop a plan approved by the Department for the disposal of

carcasses associated with normal mortality.

1. Dead animals shall be disposed of in accordance with a

carcass disposal plan developed by the applicant or licensee and

approved by the Department.

2. The plan shall include provisions for the disposal of

carcasses associated with normal mortality, with emergency disposal

when a major disease outbreak or other emergency results in deaths

significantly higher than normal mortality rates and other

provisions which will provide for a decrease in the possibility of

the spread of disease and prevent the contamination of waters of the

state. The plan shall comply with rules promulgated by the

Department.

Added by Laws 2007, c. 31, § 36, eff. Nov. 1, 2007.

§2-20-49. Renumbered as § 20-23 of this title by Laws 2005, c. 292,

§ 25, eff. July 1, 2005.

Oklahoma Statutes - Title 2. Agriculture

§2-20-50. Prevention of hydrologic connection between wastewaters

and waters of state.

A. Any hydrologic connection between wastewater and waters of

the state outside that authorized by the provisions of the Oklahoma

Concentrated Animal Feeding Operations Act shall constitute a

discharge to waters of the state.

B. Site-specific conditions shall be considered in the design

and construction of liners. Liners for retention structures shall

be designed and constructed in accordance with the provisions of

this section and generally accepted engineering practices

established by rules of the Board or as required by the federal

Environmental Protection Agency. Liners for lagoons owned or

operated by an animal feeding operation with less than one thousand

(1,000) animal units may be designed and constructed pursuant to

Technical Note 716 of the United States Department of Agriculture

Natural Resources Conservation Service or its current equivalent so

long as the facility is designed by the United States Department of

Agriculture Natural Resources Conservation Service.

C. 1. When a liner is installed to prevent hydrologic

connection, the licensee or the owner shall maintain the liner to

inhibit infiltration of wastewaters. Documentation of liner

maintenance shall be maintained at the facility.

2. An environmental, agricultural, or other approved

professional engineer licensed pursuant to Section 475.12 of Title

59 of the Oklahoma Statutes shall conduct a site evaluation every

five (5) years on the retention structure of every concentrated

animal feeding operation with such a structure to ensure liner

integrity. If the owner or operator suspects that a retention

structure is leaking, the owner or operator shall report suspected

leakage to the Department.

D. All substances entering the retention structures shall be

composed entirely of wastewaters from the proper operation and

maintenance of an animal feeding operation and the runoff from the

animal feeding operation area. The disposal of any materials, other

than substances associated with proper operation and maintenance of

the facility into the containment structures, including but not

limited to human waste, is prohibited.

E. Documentation, sampling data, and any other records required

by this section shall be maintained on site for as long as the

facility is in operation. Samples collected during the first year

of the retention structure may be considered the baseline data and

shall be retained on site as long as the facility is in operation.

Baseline data for the facility shall be determined based on the best

information available.

Added by Laws 2007, c. 31, § 37, eff. Nov. 1, 2007.

§2-20-51.

Irrigation systems.

Oklahoma Statutes - Title 2. Agriculture

A. All irrigation systems into which any animal waste will be

injected shall be equipped with one or both of the following

systems:

1. An antipollution system, approved by the State Board of

Agriculture, capable of preventing the backflow of animal waste into

the groundwater. The system shall include a safety check valve with

a removable inspection port, anti-syphon vent, and low-pressure

escape drain. An interlock device shall be installed on pumps that

pump the animal waste so that if a fresh water irrigation pump shuts

down, the pump that pumps the animal waste will also immediately

shut down, preventing the chance of leakage past the check valve; or

2. A system which provides for a complete and total

disconnection between the flow of fresh water and the flow of animal

waste. The system shall be capable of a manual disconnection

between fresh water and the animal waste.

B. The Oklahoma Department of Agriculture, Food, and Forestry

shall make annual on-site inspections examining the operative status

of the check valves and interlock devices.

C. The operator of the irrigation system shall be responsible

to ensure:

1. That the valves and interlock devices remain operative

between annual inspections by the Oklahoma Department of

Agriculture, Food, and Forestry; or

2. Complete disconnection from fresh water when introducing

animal waste into the system.

Added by Laws 2007, c. 31, § 38, eff. Nov. 1, 2007.

§2-20-52. Investigations and inspections.

A. The State Board of Agriculture or its authorized agents are

empowered to enter upon the premises of any animal feeding operation

for the purpose of investigating complaints as to the operation or

to determine whether there are any violations of the Oklahoma

Concentrated Animal Feeding Operations Act. The Department shall

make at least one unannounced inspection per year of every animal

feeding operation licensed pursuant to the Oklahoma Concentrated

Animal Feeding Operations Act.

B. 1. The Board shall promulgate standard precautions for the

prevention of the transmission of communicable diseases to humans

and animals to be used by employees of the Department of

Agriculture, Food, and Forestry when inspecting animal feeding

operations pursuant to their official duties specified by the

Oklahoma Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto.

2. Except for emergency situations or when enforcement of the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act requires the use of the standard precautions as promulgated by

the Board pursuant to paragraph 1 of this subsection, Department

Oklahoma Statutes - Title 2. Agriculture

employees shall observe the health standards and sanitary

requirements of the facility.

C. The Board shall maintain necessary records and undertake

such studies, investigations and surveys for the proper

administration of the Oklahoma Concentrated Animal Feeding

Operations Act.

Added by Laws 2007, c. 31, § 39, eff. Nov. 1, 2007.

§2-20-53. License required for operation - Jurisdiction of

Department of Environmental Quality.

A. 1. It shall be unlawful for any person to operate a

concentrated animal feeding operation without first obtaining a

license from the State Board of Agriculture.

2. The owner or operator of an animal feeding operation not

classified as a concentrated animal feeding operation may apply for

a license if the owner or operator elects to come under the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act and the rules of the State Board of Agriculture.

B. 1. The Department of Environmental Quality shall have

environmental jurisdiction over:

a.

commercial manufacturers of fertilizers, grain and

feed products, and chemicals, and over manufacturing

of food and kindred products, tobacco, paper, lumber,

wood, textile mill and other agricultural products,

b.

slaughterhouses, but not including feedlots at these

facilities, and

c.

aquaculture and fish hatcheries, including, but not

limited to, discharges of pollutants and storm water

to waters of the state, surface impoundments and land

application of wastes and sludge, and other pollution

originating at these facilities.

2. Facilities storing grain, feed, seed, fertilizer, and

agricultural chemicals that are required by federal National

Pollutant Discharge Elimination System regulations to obtain a

permit for storm water discharges shall only be subject to the

jurisdiction of the Department of Environmental Quality with respect

to storm water discharges.

Added by Laws 2007, c. 31, § 40, eff. Nov. 1, 2007.

§2-20-54. Expiration and renewal of licenses – Fees.

A. Licenses shall expire on June 30 of each year and may be

renewed upon payment of the license fee set forth in this section

and continued compliance with the provisions of the Oklahoma

Concentrated Animal Feeding Operations Act and the rules of the

Board.

B. The fees for an animal feeding operations license and annual

renewal shall be:

Oklahoma Statutes - Title 2. Agriculture

1. Fifteen Dollars ($15.00) for facilities with a capacity of

less than two hundred fifty (250) animal units;

2. Thirty-seven Dollars and fifty cents ($37.50) for facilities

with a capacity of two hundred fifty (250) to five hundred (500)

animal units;

3. Seventy-five Dollars ($75.00) for facilities with a capacity

of five hundred one (501) to three thousand (3,000) animal units;

4. One Hundred Fifty Dollars ($150.00) for facilities with a

capacity of three thousand one (3,001) to ten thousand (10,000)

animal units; or

5. Two Hundred Twenty-five Dollars ($225.00) for facilities

with a capacity of more than ten thousand (10,000) animal units.

C. All fees received by the Board for licensure of animal

feeding operations pursuant to this section shall be deposited in

the State Department of Agriculture Revolving Fund.

Added by Laws 2007, c. 31, § 41, eff. Nov. 1, 2007.

§2-20-55. Evidence of financial ability.

A. Any person who is licensed to operate an animal feeding

operation with a liquid animal waste management system within this

state shall furnish to the Oklahoma Department of Agriculture, Food,

and Forestry evidence of financial ability to comply with the

requirements for closure of retention structures and other waste

facilities as established pursuant to the provisions of this section

and rules promulgated by the State Board of Agriculture.

B. 1. To establish evidence of financial ability the

Department shall require:

a.

Category A surety which shall include a financial

statement listing assets and liabilities and including

a general release that the information may be verified

with banks and other financial institutions. The

financial statement shall be confidential and shall

not be opened to public inspection. The statement

shall prove a net worth of not less than:

(1) Ten Thousand Dollars ($10,000.00) for any animal

feeding operation licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations

Act having a capacity of more than three hundred

(300) animal units but having one thousand

(1,000) animal units or less,

(2) Twenty-five Thousand Dollars ($25,000.00) for any

animal feeding operation licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations

Act having a capacity of more than one thousand

(1,000) animal units but less than two thousand

(2,000) animal units, or

Oklahoma Statutes - Title 2. Agriculture

(3)

Fifty Thousand Dollars ($50,000.00) for any

animal feeding operation licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations

Act having a capacity of more than two thousand

(2,000) animal units, or

b.

Category B surety which shall include an irrevocable

commercial letter of credit, cash, a cashier's check,

a Certificate of Deposit, Bank Joint Custody Receipt,

other negotiable instrument or a blanket surety bond.

Except as provided in paragraph 2 of this subsection,

amount of such letter of credit, cash, check,

certificate, bond, receipt or other negotiable

instrument shall be in the amount of Twenty-five

Thousand Dollars ($25,000.00). The Department is

authorized to determine the amount of Category B

surety based upon the past performance of the owner or

operator regarding compliance with the laws of this

state, and any rules promulgated pursuant thereto.

Any instrument shall constitute an unconditional

promise to pay and be in a form negotiable by the

Department.

2. The Department upon certification by any animal feeding

operation subject to Category B surety that its liability statewide

is less than the twenty-five-thousand-dollar standard specified in

this section may allow the owner or operator to provide Category B

type surety in an amount less than the required Twenty-five Thousand

Dollars ($25,000.00), but at least sufficient to cover the estimated

cost of all closure and removal operations currently the

responsibility of that owner or operator.

C. 1. Any animal feeding operation licensed pursuant to the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act which does not have any outstanding contempt citations or fines

may post Category A surety.

2. Any animal feeding operation licensed pursuant to the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act which does have outstanding fines or contempt citations shall be

required to post Category B surety. Animal feeding operations which

have posted Category B surety and have operated under this type

surety and have no outstanding fines at the end of three (3) years

may post Category A surety.

D. For good cause shown concerning pollution by the animal

feeding operations posting either Category A or B surety, the

Department, after notice and hearing, may require the filing of

additional Category B surety in an amount greater than Twenty-five

Thousand Dollars ($25,000.00) but not to exceed Five Dollars ($5.00)

times the number of animal units for the facility being licensed.

Oklahoma Statutes - Title 2. Agriculture

E. 1. If the Department, after notice and an opportunity for

hearing, determines that the animal feeding operation licensed

pursuant to the provisions of the Oklahoma Concentrated Animal

Feeding Operations Act has neglected, failed, or refused to close

any surface impoundment, or remove or cause to be removed any

equipment, or has abandoned the facility, then the animal feeding

operation shall be deemed to have forfeited the letter of credit or

negotiable instrument required by this section or shall pay to this

state, for deposit in the State Treasury, a sum equal to the cost of

closure of any surface impoundment or removal of equipment.

2. The Department may cause the remedial work to be done,

issuing a warrant in payment of the cost thereof drawn against the

monies accruing in the State Treasury from the forfeiture or

payment.

3. The Department shall also recover any costs arising from

litigation to enforce this provision. Provided, before an animal

feeding operation is required to forfeit or pay any monies to the

state pursuant to this section, the Department shall notify the

animal feeding operation at the last-known address of the

determination of neglect, failure or refusal to close any surface

impoundment or remove equipment and the animal feeding operation

shall have ten (10) days from the date of notification within which

to commence remedial operations. Failure to commence remedial

operations shall result in forfeiture or payment as provided in this

subsection.

F. If title to an animal feeding operation is transferred, the

transferee shall furnish the evidence of financial ability to close

surface impoundments required by the provisions of this section

prior to the transfer.

Added by Laws 2007, c. 31, § 42, eff. Nov. 1, 2007.

§2-20-56. Duties of owners and operators – Nuisance.

A. In addition to any other requirement of the Oklahoma

Concentrated Animal Feeding Operations Act, animal feeding

operations owners and operators who are granted an animal feeding

operations license shall:

1. Provide adequate veterinarian services for detection,

control, and elimination of livestock diseases;

2. Have available for use at all necessary times mechanical

means of scraping, cleaning, and grading feed yards premises; and

3. Provide weather resistant aprons adjacent to all permanently

affixed feed bunks, water tanks, and feeding devices.

B. 1. Any animal feeding operation licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations Act, operated in

compliance with those standards, and in compliance with the rules

promulgated by the Board, shall be deemed to be prima facie evidence

that a nuisance does not exist; provided, no animal feeding

Oklahoma Statutes - Title 2. Agriculture

operation shall be located or operated in violation of any zoning

regulations.

2. Any animal feeding operation licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations Act, operated in

compliance with those standards, and in compliance with rules

promulgated by the Board, that is located on land more than three

(3) miles outside the incorporated limits of any municipality and

which is not located within one (1) mile of ten or more occupied

residences shall not be deemed a nuisance unless it is shown by a

preponderance of the evidence that the operation endangers the

health or safety of others.

Added by Laws 2007, c. 31, § 43, eff. Nov. 1, 2007.

§2-20-57. Setback requirements.

A. Except as authorized by this subsection, no liquid animal

waste shall be land applied within five hundred (500) feet of the

nearest corner of an occupied residence not owned or leased by the

owner of the animal feeding operation.

B. Except as provided by Section 20-58 of this title, no

concentrated animal feeding operation shall be established after

September 1, 1997, which is within one (1) mile of ten or more

residences that are occupied residences at the time of the

establishment of the concentrated animal feeding operation.

C. The proscription contained in subsections A and B of this

section shall not apply if the applicable property owner executes a

written waiver with the owner or operator of the animal feeding

operation, under the terms and conditions that the parties

negotiate. The written waiver becomes effective upon recording of

the waiver in the offices of the recorder of deeds in the county

where the property is located. The filed waiver shall preclude

enforcement of the setback requirements contained in subsections A

and B of this section. A change in ownership of the applicable

property or change in the ownership of the property on which the

animal feeding operation is located shall not affect the validity of

the waiver.

D. No liquid animal waste shall be land applied within three

hundred (300) feet of an existing public or private drinking water

well.

E. Except as provided by Section 20-58 of this title, no

concentrated animal feeding operation shall be established after

September 1, 1997, which is located:

1. Within three (3) miles of a state park or resort;

2. On land within three (3) miles of the incorporated limits of

any municipality, unless the municipality's governing body executes

a written waiver of the setback for the particular animal feeding

operation. A change in ownership of the property on which the

Oklahoma Statutes - Title 2. Agriculture

animal feeding operation is located shall not affect the validity of

the waiver;

3. Within three (3) miles of the high water mark of a surface

public water supply if the concentrated animal feeding operation is

located within the drainage basin for the public water supply.

F. All distances between occupied residences and animal feeding

operations shall be measured from the closest corner of the walls of

the occupied residence to the closest point of the nearest waste

facility, as determined by the Oklahoma Department of Agriculture,

Food, and Forestry. The property boundary line of the real property

is not used unless it coincides with the closest point of the waste

facility or occupied residence.

Added by Laws 2007, c. 31, § 44, eff. Nov. 1, 2007. Amended by Laws

2017, c. 215, § 1, eff. Nov. 1, 2017.

§2-20-58. Setback requirements - Certain feeding operations exempt.

Animal feeding operations, other than a concentrated animal

feeding operation, not licensed pursuant to the provisions of the

Oklahoma Feed Yards Act in operation on the effective date of this

act shall not be subject to any setback requirements not in effect

on the date of past construction.

Added by Laws 2007, c. 31, § 45, eff. Nov. 1, 2007.

§2-20-59. Prohibition of construction of feeding operations within

certain distance upstream of Pensacola Project boundary.

The Oklahoma Department of Agriculture, Food, and Forestry shall

not accept or approve any pending applications requesting permits

for construction of any concentrated animal feeding operation to be

located within one (1) mile upstream of the Pensacola Project

boundary as described in the records of the Grand River Dam

Authority and the Federal Emergency Management Agency. Any

operation authorized or permitted prior to April 17, 2002, shall not

be affected by the provisions of this section.

Added by Laws 2007, c. 31, § 46, eff. Nov. 1, 2007.

§2-20-60. Exceeding animal unit capacity – Criteria – Notice.

A. A concentrated animal feeding operation may exceed its

animal unit capacity if:

1. A diseased or potentially diseased animal exists at the

operation; or

2. A diseased or potentially diseased animal is in the next

destination for the production line for the operation; and

3. The owner of the concentrated animal feeding operation has

reasonable cause to believe an animal has or may have any disease

causing:

a.

a public health emergency,

Oklahoma Statutes - Title 2. Agriculture

b.

a substantial and imminent economic hardship to the

owner, or

c.

a substantial and imminent threat to the animal

population of the state, or

4. The State Board of Agriculture issues an order establishing

temporary restrictions, a quarantine, or a quarantine zone

restricting the movement of persons, livestock, machinery, and

personal property out of a concentrated animal feeding operation.

B. In no case shall an animal unit capacity be exceeded for

more than five (5) days following a confirmatory test indicating

that either the animal is diseased or is not diseased. A

confirmatory test shall be performed within twenty (20) days of

discovery that a diseased or potentially diseased animal exists at

the operation.

C. The owner of a concentrated animal feeding operation shall

provide written notification to the Oklahoma Department of

Agriculture, Food, and Forestry upon discovery of a diseased or

potentially diseased animal pursuant to subsection A of this section

that may result in the animal unit capacity being exceeded.

D. The notice shall:

1. Identify the concentrated animal feeding operation that may

exceed its animal unit capacity; and

2. Include an estimate of the number of animals exceeding the

animal unit capacity at the concentrated animal feeding operation.

Added by Laws 2007, c. 31, § 47, eff. Nov. 1, 2007.

§2-20-61. Suspension, revocation, or nonrenewal of license.

A. 1. The State Board of Agriculture shall have the power to

suspend, revoke or not renew the license of any animal feeding

operation after a hearing, and after an administrative determination

that the animal feeding operation has violated or has failed to

comply with any of the provisions of the Oklahoma Concentrated

Animal Feeding Operations Act, or any rule promulgated pursuant

thereto.

2. The Board shall have the power and duty to reinstate any

such suspended or revoked licenses, or renew the licenses, upon a

satisfactory and acceptable showing and assurance that the animal

feeding operation conducted animal feeding operations in conformity

with, and in compliance with, the provisions of the Oklahoma

Concentrated Animal Feeding Operations Act and rules promulgated

pursuant thereto, and that such conformity and compliance will be

continuous.

B. In order to protect the public health and safety and the

environment of this state, the Board, pursuant to the Oklahoma

Concentrated Animal Feeding Operations Act, may deny issuance of a

license or transfer of a license to establish and operate an animal

feeding operation to any person or other legal entity which:

Oklahoma Statutes - Title 2. Agriculture

1. Is not in substantial compliance with a final agency order

or any final order or judgment of a court of record secured by any

state or federal agency relating to animal feeding operations; or

2. Has evidenced a reckless disregard for the protection of the

public and the environment as demonstrated by a history of

noncompliance with environmental laws and rules resulting in

endangerment of human health or the environment.

C. Any action taken in regard to the denial, suspension or

revocation of a license shall be in conformity with the rules of the

Board governing Administrative Procedures and the Administrative

Procedures Act.

Added by Laws 2007, c. 31, § 48, eff. Nov. 1, 2007. Amended by Laws

2024, c. 52, § 2, eff. Nov. 1, 2024.

§2-20-62. Penalties.

A. Any person violating the provisions of the Oklahoma

Concentrated Animal Feeding Operations Act or any rule of the Board

promulgated pursuant thereto shall, upon conviction, be deemed

guilty of a misdemeanor and upon conviction thereof may be punished

by a fine not exceeding Two Hundred Dollars ($200.00).

B. Any owner or operator who fails to take such action as may

be reasonable and necessary to avoid pollution of any stream, lake,

river or creek, except as otherwise provided by law, or who violates

any rule of the Board adopted to prevent water pollution from animal

feeding operations pursuant to this act shall, upon conviction, be

deemed guilty of a misdemeanor, and upon conviction thereof may be

punished by a fine of Five Hundred Dollars ($500.00) to Ten Thousand

Dollars ($10,000.00) for each violation, by imprisonment in the

county jail for not more than six (6) months for each violation, or

by the assessment of a civil penalty up to Ten Thousand Dollars

($10,000.00) for each violation or by any of such fine,

imprisonment, and civil penalty.

C. 1. In addition to the criminal and civil penalties

specified by this section, the Oklahoma Department of Agriculture,

Food, and Forestry may:

a.

assess an administrative penalty of not more than Ten

Thousand Dollars ($10,000.00) per day of

noncompliance, or

b.

bring an action for injunctive relief granted by a

district court.

2. A district court may grant injunctive relief to prevent a

violation of, or to compel compliance with, any of the provisions of

the Oklahoma Concentrated Animal Feeding Operations Act or any rule

promulgated thereunder or order, license or permit issued pursuant

to the Oklahoma Concentrated Animal Feeding Operations Act.

3. Nothing in this section shall preclude the Department from

seeking penalties in district court in the maximum amount allowed by

Oklahoma Statutes - Title 2. Agriculture

law. The assessment of penalties in an administrative enforcement

proceeding shall not prevent the subsequent assessment by a court of

the maximum civil or criminal penalties for violations of the

Oklahoma Concentrated Animal Feeding Operations Act.

D. Any person assessed an administrative or civil penalty may

be required to pay, in addition to such penalty amount and interest

thereon, attorney fees and costs associated with the collection of

such penalties.

E. The Attorney General or the district attorney of the

appropriate district court of Oklahoma may bring an action in a

court of competent jurisdiction for the prosecution of a violation

by any person of a provision of the Oklahoma Concentrated Animal

Feeding Operations Act or any rule promulgated thereunder, or order,

license or permit issued pursuant thereto.

F. 1. Any action for injunctive relief to redress or restrain

a violation by any person of the Oklahoma Concentrated Animal

Feeding Operations Act or for any rule promulgated thereunder, or

order, license, or permit issued pursuant thereto or recovery of any

administrative or civil penalty assessed pursuant to the Oklahoma

Concentrated Animal Feeding Operations Act may be brought by:

a.

the district attorney of the appropriate district

court of the State of Oklahoma,

b.

the Attorney General on behalf of the State of

Oklahoma, or

c.

the Department on behalf of the State of Oklahoma.

2. The court shall have jurisdiction to determine said action,

and to grant the necessary or appropriate relief, including but not

limited to mandatory or prohibitive injunctive relief, interim

equitable relief, and punitive damages.

3. It shall be the duty of the Attorney General and district

attorney, if requested by the Commissioner of Agriculture, to bring

such actions.

G. Except as otherwise provided by law, administrative and

civil penalties shall be paid into the Department of Agriculture

Revolving Fund.

H. In determining the amount of a civil penalty or

administrative penalty, the court or the Department, as the case may

be, shall consider such factors as the nature, circumstances and

gravity of the violation or violations, the economic benefit, if

any, resulting to the defendant from the violation, the history of

such violations, any good-faith efforts to comply with the

applicable requirements, the economic impact of the penalty on the

defendant, the defendant's degree of culpability, and such other

matters as justice may require.

I. For the purposes of this section, each day upon which a

violation is committed or is permitted to continue shall be deemed a

separate offense.

Oklahoma Statutes - Title 2. Agriculture

J. In addition to other penalties as may be imposed by law, any

person who knowingly makes any false statement, representation or

certification in any water pollution form, notice or report, or who

knowingly renders inaccurate any monitoring device or method

required to be maintained by any water pollution rules promulgated

by the Board shall, upon conviction, be guilty of a misdemeanor and

may be subject to a fine of not more than Five Thousand Dollars

($5,000.00) for each violation.

Added by Laws 2007, c. 31, § 49, eff. Nov. 1, 2007.

§2-20-63. Poultry-laying operations.

A. Due to the inherently unique nature of poultry-laying

operations, and the increased propensity for vector propagation at

such facilities, poultry-laying operations licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations Act, shall be

conducted only in a manner as prescribed by the State Department of

Agriculture by rule promulgated pursuant to this section and the

Oklahoma Concentrated Animal Feeding Operations Act.

B. If three valid complaints are received by the Department

against a poultry-laying operation, licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations Act, within a period

of sixty (60) days, the Oklahoma Department of Agriculture, Food,

and Forestry, upon inspection and verification of the complaint,

shall declare that an emergency exists.

C. Whenever the Department finds that an emergency exists

requiring immediate action to protect the public health or welfare

or the environment pursuant to this subsection, the Department may

without notice or hearing issue an order, effective upon issuance,

reciting the existence of such an emergency and requiring that such

action be taken as deemed necessary to meet the emergency. Any

person to whom such an order is directed shall comply therewith

immediately but may request an administrative enforcement hearing

thereon within fifteen (15) days after the order is served. The

hearing shall be held by the Department within ten (10) days after

receipt of the request. On the basis of the hearing record, the

Department shall sustain or modify such order.

D. If, at the hearing, it is determined that the operator is in

violation of the provisions of this section and rules promulgated

pursuant thereto, in addition to other administrative penalties

authorized by law, the Department may order that the operator be

prohibited from land applying waste for one hundred sixty (160) days

after determination that the facility is in violation.

E. Any party aggrieved by a final order may petition the

Department for rehearing, reopening or reconsideration within ten

(10) days from the date of the entry of the final order. Any party

aggrieved by a final order, including the Attorney General on behalf

Oklahoma Statutes - Title 2. Agriculture

of the state, may, pursuant to the Administrative Procedures Act,

petition for a judicial review thereof.

F. The provisions of this section may be enforced pursuant to

the provisions of Section 49 of this act.

Added by Laws 1998, c. 404, § 19, emerg. eff. June 10, 1998.

Amended by Laws 1999, c. 231, § 2, emerg. eff. May 26, 1999.

Renumbered from § 9-212.1 of this title by Laws 2005, c. 292, § 25,

eff. July 1, 2005. Amended by Laws 2007, c. 31, § 26, eff. Nov. 1,

2007. Renumbered from § 20-27 of this title by Laws 2007, c. 31, §

51, eff. Nov. 1, 2007.

§2-20-64. Codification.

The Oklahoma Concentrated Animal Feeding Operations Act shall be

enacted as a part of the Agricultural Code and shall be codified

accordingly.

Added by Laws 2007, c. 31, § 50, eff. Nov. 1, 2007.

Source: official Oklahoma text · Last verified 2026-08-27

Frequently Asked Questions About Oklahoma § 2-4020

What does Oklahoma Statutes § 2-4020 cover?

Section 2-4020 ("Approval required by Contingency Review Board for proposed lease and operations") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 2-4020?

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Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 2-4020 apply to my situation?

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Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.