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
agreements. ............................................................................................................................................. 790
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.
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Sources & Verification
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