Okla. Stat. tit. 2, § 2-7-25 — OK Code / Title 2 / Section 2-7-25
Liability of milk processor
Status: in_force

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.
Okla. Stat. tit. 2, § 2-17-12 — OK Code / Title 2 / Section 2-17-12
Certificates of membership or stock certificates -
Status: in_force

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.
Okla. Stat. tit. 2, § 2-20-51 — OK Code / Title 2 / Section 2-20-51
Irrigation systems
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 733

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.
Okla. Stat. tit. 2, § 2-3-50.21 — OK Code / Title 2 / Section 2-3-50.21
Boll Weevil Eradication Organization - Relationship with Merit System of Personnel
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 3with 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 Page 112

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.
Okla. Stat. tit. 2, § 2-4010 — OK Code / Title 2 / Section 2-4010
Certified copy of bond issuance proceedings to be provided
Status: in_force

to Attorney General.

Before any bond shall be issued and delivered by the Oklahoma

State University Veterinary Medicine Authority, a certified copy of

the proceedings for the issuance thereof, together with any other

information which the Attorney General of the State of Oklahoma may

require as the Bond Commissioner of the State of Oklahoma, shall be

submitted to the Attorney General. If the Attorney General shall

find that such bonds have been issued in accordance with law, the

Attorney General shall approve such bonds and execute a certificate

to that effect. The Attorney General shall file such certificates

in the Office of the State Auditor and Inspector, and the

certificates shall be recorded in a record kept for that purpose.

All bonds approved by the Attorney General, and issued in accordance

with the approved proceedings, shall be valid and binding

obligations of the Authority and shall be incontestable for any

course from and after the date of such approval.
Okla. Stat. tit. 2, § 2-20-8 — OK Code / Title 2 / Section 2-20-8
Notice and hearing requirements
Status: in_force

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 thirty-

working-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 Page 684

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 Page 685

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 Page 686

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 Page 687

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 Page 688

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.
Okla. Stat. tit. 2, § 2-6-1 — OK Code / Title 2 / Section 2-6-1
State Veterinarian
Status: in_force

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.
Okla. Stat. tit. 2, § 2-5-502 — OK Code / Title 2 / Section 2-5-502
Legislative findings
Status: in_force

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 Page 238

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.
Okla. Stat. tit. 2, § 2-15-127 — OK Code / Title 2 / Section 2-15-127
Gifts of money or property
Status: in_force

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.
Okla. Stat. tit. 2, § 2-18-308 — OK Code / Title 2 / Section 2-18-308
Promotional fee - Assessment and allocation
Status: in_force

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 Page 664

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.
Okla. Stat. tit. 2, § 2-15-23 — OK Code / Title 2 / Section 2-15-23
Executive board - Members - Powers - Limitation on
Status: in_force

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.
Okla. Stat. tit. 2, § 2-4020 — OK Code / Title 2 / Section 2-4020
Approval required by Contingency Review Board for proposed
Status: in_force

lease and operations agreements.

A. Contingent upon the creation of the Oklahoma State

University Veterinary Medical Trust as provided in Section 20 of

this act, the Trust, prior to acceptance, shall submit to the

Contingency Review Board for review the proposed agreement regarding

the lease and operations of any animal hospital or hospitals owned

by the Oklahoma State University Veterinary Medicine Authority to

any entity authorized to transact business in the state and an

independent statement as to the fairness of said proposed agreement

for the State of Oklahoma. The Contingency Review Board shall upon

receipt of the proposed agreement meet within fifteen (15) business

days to review the proposed agreement; and unless the Contingency

Review Board disapproves the proposed agreement, the agreement may

be executed but no lease of the animal hospital or hospitals shall

become effective until after Supreme Court approval pursuant to

subsection B of this section.

B. 1. If a proposed agreement is not disapproved by the

Contingency Review Board pursuant to subsection A of this section,

the Oklahoma State University Veterinary Medicine Authority and

Oklahoma State University Veterinary Medical Trust, within thirty

(30) calendar days after the time for Contingency Review Board

action has expired, may file a petition with the Supreme Court of

Oklahoma for a declaratory judgment determining the validity of the

proposed agreement. The review of the Court shall be based upon the

exercise of any of the powers, rights, privileges, and functions

conferred upon the Authority or the Oklahoma State University

Veterinary Medical Trust, as applicable, under the Oklahoma State

University Veterinary Medicine Authority Act and Oklahoma Statutes.

Oklahoma Statutes - Title 2. Agriculture Page 790

Exclusive original jurisdiction is conferred upon the Supreme Court

to hear and determine such petitions. The Supreme Court shall give

such petitions precedence over other business of the Court except

habeas corpus proceedings.

2. Notice of the hearing of such a petition shall be given by a

notice published in a newspaper of general circulation in this state

that on a day specified the Supreme Court will hear the petition to

approve the proposed agreement and enter a declaratory judgment.

The notice shall be published one time not less than ten (10) days

prior to the date specified for the hearing. The notice shall

inform property owners, taxpayers, citizens and all persons having

or claiming any right, title, or interest in the proposed agreement

or properties or funds to be affected by the implementation of the

proposed agreement, or affected in any way thereby, that they may

file protests against the approval of the proposed agreement, and be

present at the hearing to contest the legality of the proposed

agreement. The hearing may be adjourned from time to time at the

discretion of the Court.

3. If the Court is satisfied that the proposed agreement is in

accordance with the Oklahoma State University Veterinary Medicine

Authority Act and Oklahoma Statutes, the Court shall enter a

declaratory judgment approving and declaring the proposed agreement

to be valid and conclusive as to the Authority, the Trust, and all

other parties to the proposed agreement; and, upon petition of the

Authority, shall issue an order permanently enjoining all persons

described in the notice required by this subsection from thereafter

instituting any action or proceeding contesting the validity of the

proposed agreement. A declaratory judgment rendered pursuant to

this subsection shall have force and effect of a final judgment or

decree and shall be incontestable in any court in this state.

4. As used in the Oklahoma State University Veterinary Medicine

Authority Act, "proposed agreement" means one or more contracts

regarding the lease and operations of any animal hospital orOklahoma Statutes - Title 2. Agriculture Page 40idity of the

proposed agreement. A declaratory judgment rendered pursuant to

this subsection shall have force and effect of a final judgment or

decree and shall be incontestable in any court in this state.

4. As used in the Oklahoma State University Veterinary Medicine

Authority Act, "proposed agreement" means one or more contracts

regarding the lease and operations of any animal hospital or

hospitals owned by the Oklahoma State University Veterinary Medicine

Authority and all other agreements contemplated by or referred to in

the contract regarding such lease and operations.
Okla. Stat. tit. 2, § 2-6-280.3 — OK Code / Title 2 / Section 2-6-280.3
Definitions
Status: in_force

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 Page 305

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 Page 306

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 Page 307

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, 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 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,

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 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,

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, 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 ingredient; except that spices, flavorings,

Oklahoma Statutes - Title 2. Agriculture Page 308

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 Page 309

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.
Okla. Stat. tit. 2, § 2-3-50.30 — OK Code / Title 2 / Section 2-3-50.30
Review and evaluation of boll weevil eradication
Status: in_force

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.
Okla. Stat. tit. 2, § 2-20-9 — OK Code / Title 2 / Section 2-20-9
Pollution Prevention Plan
Status: in_force

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 on-

site.

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 Page 689

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 Page 690

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.
Okla. Stat. tit. 2, § 2-3-113 — OK Code / Title 2 / Section 2-3-113
Voluntary registration program – Location of new apiaries
Status: in_force

– 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.
Okla. Stat. tit. 2, § 2-8-85.10 — OK Code / Title 2 / Section 2-8-85.10
Promulgation of rules
Status: in_force

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.
Okla. Stat. tit. 2, § 2-1458 — OK Code / Title 2 / Section 2-1458
Renumbered as § 8-80.9 of this title by Laws 2001, c. 146,
Status: in_force

§ 252, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-3010 — OK Code / Title 2 / Section 2-3010
Renumbered as § 5-100 of this title by Laws 2001, c. 146,
Status: in_force

§ 263, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-9-164 — OK Code / Title 2 / Section 2-9-164
Accounts, records and memoranda
Status: in_force

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.
Okla. Stat. tit. 2, § 2-16-58 — OK Code / Title 2 / Section 2-16-58
State land management guidelines
Status: in_force

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 Page 606

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.
Okla. Stat. tit. 2, § 2-20-59 — OK Code / Title 2 / Section 2-20-59
Prohibition of construction of feeding operations within certain distance upstream of
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 29certain 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.
Okla. Stat. tit. 2, § 2-2-30 — OK Code / Title 2 / Section 2-2-30
Provision of mediation services - Plan to increase public
Status: in_force

awareness of Agriculture Mediation Program.

Oklahoma Statutes - Title 2. Agriculture Page 64

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 Page 65

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.
Okla. Stat. tit. 2, § 2-9-212 — OK Code / Title 2 / Section 2-9-212
Renumbered as § 20-26 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.

Oklahoma Statutes - Title 2. Agriculture Page 456
Okla. Stat. tit. 2, § 2-6-311 — OK Code / Title 2 / Section 2-6-311
License - Construction of act - Restricted aquatic
Status: in_force

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 Page 342

section for any restricted aquatic species designated by rules

promulgated by the Oklahoma Wildlife Conservation Commission.
Okla. Stat. tit. 2, § 2-14-62 — OK Code / Title 2 / Section 2-14-62
Definitions
Status: in_force

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 Page 528

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”.
Okla. Stat. tit. 2, § 2-8-80.2 — OK Code / Title 2 / Section 2-8-80.2
Definitions
Status: in_force

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 Page 416

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 by-

product 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.
Okla. Stat. tit. 2, § 2-6-304 — OK Code / Title 2 / Section 2-6-304
Penalties
Status: in_force

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.
Okla. Stat. tit. 2, § 2-120 — OK Code / Title 2 / Section 2-120
Renumbered as § 15-95 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 750
Okla. Stat. tit. 2, § 2-15-92 — OK Code / Title 2 / Section 2-15-92
Tax levy for additional improvements - Power to levy and
Status: in_force

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 Page 561

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.Oklahoma Statutes - Title 2. Agriculture Page 23
Okla. Stat. tit. 2, § 2-4002 — OK Code / Title 2 / Section 2-4002
Definitions
Status: in_force

As used in the Oklahoma State University Veterinary Medicine

Authority Act:

1. "Academic affiliation agreement" means an agreement between

the Oklahoma State University College of Veterinary Medicine and an

entity providing facilities, equipment, and support for the

veterinary medicine education programs of the Oklahoma State

University College of Veterinary Medicine;

2. "Animal patient" means a large or small animal patient

receiving care from an Oklahoma State University Veterinary Medicine

trainee, intern, resident, or full-time or part-time veterinary

medicine trainer;

3. "Animal teaching hospital" means a hospital designated for

the training and preparation of veterinarians or a component of a

veterinary training program, affiliated with the Oklahoma State

University College of Veterinary Medicine;

4. "Declaration of necessity" means an official action of the

Oklahoma State University Veterinary Medicine Authority to fulfill

the terms of an academic affiliation, statutory provisions or other

agreement or to provide facilities, financing or any other general

Oklahoma Statutes - Title 2. Agriculture Page 775

support to enhance the stability, quality or otherwise furtherance

of the veterinary medicine education programs of the Oklahoma State

University College of Veterinary Medicine or to provide for the

safety of the public related to animal disease and testing; and

5. "Veterinary medicine programs" means educational programs

meeting the guidelines of the American Veterinary Medical

Association (AVMA) Council on Education (COE) offered through or as

an extension of Oklahoma State University or the Oklahoma State

University College of Veterinary Medicine in cooperation with an

animal teaching hospital, animal diagnostic testing center or

clinic, or other animal health care provider.
Okla. Stat. tit. 2, § 2-8-35 — OK Code / Title 2 / Section 2-8-35
Nonliability of state agencies
Status: in_force

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.
Okla. Stat. tit. 2, § 2-9-20 — OK Code / Title 2 / Section 2-9-20
Short title
Status: in_force

This subarticle shall be known and may be cited as the “Public

Warehouse and Commodity Indemnity Act”.
Okla. Stat. tit. 2, § 2-6-290.13 — OK Code / Title 2 / Section 2-6-290.13
Penalties - Limitations on application - Minor
Status: in_force

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 Page 338

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.
Okla. Stat. tit. 2, § 2-5-63.6 — OK Code / Title 2 / Section 2-5-63.6
Ballots
Status: in_force

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.
Okla. Stat. tit. 2, § 2-33 — OK Code / Title 2 / Section 2-33
Renumbered as § 15-3 of this title by Laws 2001, c. 146, §
Status: in_force

267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-290.11 — OK Code / Title 2 / Section 2-6-290.11
Violations - Complaints - Notice - Hearings - Orders -
Status: in_force

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 Page 336

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.
Okla. Stat. tit. 2, § 2-3-122 — OK Code / Title 2 / Section 2-3-122
Hearing - Emergency order
Status: in_force

A. Whenever the Oklahoma Department of Agriculture, Food, and

Forestry determines there are reasonable grounds to believe that

Oklahoma Statutes - Title 2. Agriculture Page 146

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.
Okla. Stat. tit. 2, § 2-6-276 — OK Code / Title 2 / Section 2-6-276
Codification
Status: in_force

This act shall become a part of the Oklahoma Agricultural Code

and be codified accordingly.
Okla. Stat. tit. 2, § 2-9-132.1 — OK Code / Title 2 / Section 2-9-132.1
Bonds - Issuers - Certification as solvent
Status: in_force

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.
Okla. Stat. tit. 2, § 2-9-210.2 — OK Code / Title 2 / Section 2-9-210.2
Renumbered as § 20-20 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-17-4 — OK Code / Title 2 / Section 2-17-4
Persons who may organize associations
Status: in_force

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.
Okla. Stat. tit. 2, § 2-1507 — OK Code / Title 2 / Section 2-1507
Renumbered as § 18-186 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-77.3 — OK Code / Title 2 / Section 2-8-77.3
Definitions
Status: in_force

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 Page 408

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 Page 409

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.
Okla. Stat. tit. 2, § 2-14-64 — OK Code / Title 2 / Section 2-14-64
Board - Powers and Duties
Status: in_force

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.
Okla. Stat. tit. 2, § 2-15-31 — OK Code / Title 2 / Section 2-15-31
Deposit of funds - Accounts - Disbursements - Annual
Status: in_force

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.
Okla. Stat. tit. 2, § 2-5-62.9 — OK Code / Title 2 / Section 2-5-62.9
Renumbered as § 14-69 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24,
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 8243, § 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-10-9.7 — OK Code / Title 2 / Section 2-10-9.7
Utilization of Best Management Practices - Nutrient
Status: in_force

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 Page 464

2. The calculations and assumptions used for determining land-

application 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 Page 465

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 Page 466

(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-nutrient-

limited 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 nutrient-

limited 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 land-

applied at the facility;

Oklahoma Statutes - Title 2. Agriculture Page 467

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 nutrient-

limited 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.
Okla. Stat. tit. 2, § 2-8-91 — OK Code / Title 2 / Section 2-8-91
Definitions
Status: in_force

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.
Okla. Stat. tit. 2, § 2-104d — OK Code / Title 2 / Section 2-104d
Renumbered as § 15-69 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1301-216 — OK Code / Title 2 / Section 2-1301-216
Renumbered as Section 16-36 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-1033 — OK Code / Title 2 / Section 2-1033
Renumbered as § 18-311 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-101 — OK Code / Title 2 / Section 2-6-101
Certification of brucellosis-free herds and counties
Status: in_force

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.
Okla. Stat. tit. 2, § 2-114 — OK Code / Title 2 / Section 2-114
Renumbered as § 15-89 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-18-404 — OK Code / Title 2 / Section 2-18-404
Duties of the Oklahoma Department of Agriculture, Food,
Status: in_force

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 Page 669

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.
Okla. Stat. tit. 2, § 2-6-125 — OK Code / Title 2 / Section 2-6-125
Moving of livestock in or out of quarantine area -
Status: in_force

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.
Okla. Stat. tit. 2, § 2-4009 — OK Code / Title 2 / Section 2-4009
Issuance of revenue bonds
Status: in_force

A. Subject to the provisions of paragraph 11 of subsection A of

Section 6 of this act, the Oklahoma State University Veterinary

Medicine Authority may provide by resolution, from time to time, for

the issuance of revenue bonds for its lawful purposes, in such

amount or amounts as are necessary, incidental or convenient to the

exercise of powers, rights, privileges and functions conferred upon

it by the Oklahoma State University Veterinary Medicine Authority

Act or other law. The principal of and interest on any indebtedness

shall be payable solely from the revenues of the Authority and such

other funds as may be provided by law for such payment. The

Authority may provide for credit enhancement as additional security

or liquidity for its bonds and enter into such agreements as may be

necessary or appropriate to provide for the repayment of any funds

advanced by the provider of any such credit enhancement including

the payment of any fees and expenses incurred in connection

therewith. The bonds of each issue shall bear interest at fixed or

variable rates and shall bear an average interest rate not to exceed

eleven percent (11%) per annum, shall mature at such time or times

not exceeding thirty (30) years from their date or dates of issue,

as may be determined by the Authority, and may be made redeemable

before maturity at the option of the Authority, at such time or

times and at such price or prices and pursuant to such terms and

conditions as may be fixed by the Authority prior to the issuance of

the bonds. The Authority shall determine the form of the bonds and

the manner of execution thereof, and shall fix the denominations of

the bonds and the place or places of payment of principal and

interest, which may be at any bank and trust company within or

without this state. If any officer whose signature or facsimile of

whose signature appears on any bonds shall cease to be said officer

before the delivery of the bonds, the signature or the facsimile

shall nevertheless be valid and sufficient for all purposes, the

same as if the person had remained in office until such delivery.

All bonds issued pursuant to the provisions of the Oklahoma State

University Veterinary Medicine Authority Act shall have all the

qualities and incidences of negotiable instruments subject to the

laws of this state. The Authority may sell the bonds in such

Oklahoma Statutes - Title 2. Agriculture Page 782

amounts and in such manner, either at public or private sale, and

for such price, as it may determine to be in the best interests of

the state. If the bonds are not sold by competitive bid, the sale

must be approved by the State Bond Advisor.

B. All fees and expenses of bond sales must be approved by the

State Bond Advisor and the Bond Oversight Commission. Prior to the

preparation of definitive bonds, the Authority, subject to like

restrictions, may issue interim receipts or temporary bonds, with or

without coupons, exchangeable for definitive bonds which have been

executed and are available for delivery. The Authority may also

provide for the replacement of any bonds which have become mutilated

or which have been destroyed or lost. Except as otherwise provided

by Section 14 of this act, bonds may be issued pursuant to the

provisions of the Oklahoma State University Veterinary Medicine

Authority Act without obtaining the consent of any department,

division, commission, board, bureau, or agency of this state, and

without any other proceedings or the occurrence of any other

conditions or things than those proceedings, conditions, or things

that are specifically required by the Oklahoma State University

Veterinary Medicine Authority.

C. The Authority may, by resolution, provide for the issuance

of refunding bonds then outstanding, including the payment of any

redemption premium, any interest accrued to the date of redemption

of such bonds, and for incurring additional indebtedness for its

lawful purposes. The issuance of such bonds shall be governed by

the provisions of the Oklahoma State University Veterinary Medicine

Authority Act.
Okla. Stat. tit. 2, § 2-1301-105 — OK Code / Title 2 / Section 2-1301-105
Renumbered as Section 16-5 of this title by Laws 2001,
Status: in_force

c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-10-9.5 — OK Code / Title 2 / Section 2-10-9.5
Necessary forms and applications - Registration
Status: in_force

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 Page 461

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 orstatements, etc. - Penalty - Notice upon changing integrators - Waste management educationalultry 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 Page 462

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.
Okla. Stat. tit. 2, § 2-10-9.25 — OK Code / Title 2 / Section 2-10-9.25
Severability
Status: in_force

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 Page 480

shall not affect or impair any of the remaining parts or provisions

of this act.
Okla. Stat. tit. 2, § 2-9-205.5 — OK Code / Title 2 / Section 2-9-205.5
Renumbered as § 20-13 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-2A-10 — OK Code / Title 2 / Section 2-2A-10
Application for permit - Compliance with local
Status: in_force

ordinances, rules or requirements.

Oklahoma Statutes - Title 2. Agriculture Page 82

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.
Okla. Stat. tit. 2, § 2-79 — OK Code / Title 2 / Section 2-79
Renumbered as § 15-29 of this title by Laws 2001, c. 146, §
Status: in_force

268, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1510 — OK Code / Title 2 / Section 2-1510
Renumbered as § 18-190 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-104 — OK Code / Title 2 / Section 2-5-104
Definitions
Status: in_force

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 Page 226

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.
Okla. Stat. tit. 2, § 2-8-80.6 — OK Code / Title 2 / Section 2-8-80.6
Vendor's license for spreading - Application - Fee
Status: in_force

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 Page 419

license fee of Twenty-five Dollars ($25.00). Each license shall

expire December 31 of each year.
Okla. Stat. tit. 2, § 2-18-281 — OK Code / Title 2 / Section 2-18-281
Referendum to continue assessment
Status: in_force

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 Page 662

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.
Okla. Stat. tit. 2, § 2-1301-311 — OK Code / Title 2 / Section 2-1301-311
Renumbered as Section 16-67 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.Oklahoma Statutes - Title 2. Agriculture Page 36
Okla. Stat. tit. 2, § 2-11-38 — OK Code / Title 2 / Section 2-11-38
Inspection of premises - Rules
Status: in_force

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.
Okla. Stat. tit. 2, § 2-361w — OK Code / Title 2 / Section 2-361w
Renumbered as § 17-24 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-15-120 — OK Code / Title 2 / Section 2-15-120
Fees and charges
Status: in_force

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 Page 568

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.
Okla. Stat. tit. 2, § 2-42 — OK Code / Title 2 / Section 2-42
Renumbered as § 15-12 of this title by Laws 2001, c. 146, §
Status: in_force

267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-20-7 — OK Code / Title 2 / Section 2-20-7
Application for license
Status: in_force

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 Page 680

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 Page 681

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 Page 682

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 Page 683

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.
Okla. Stat. tit. 2, § 2-2-12 — OK Code / Title 2 / Section 2-2-12
Unpaid checks - Uncollectable debts
Status: in_force

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.
Okla. Stat. tit. 2, § 2-15-146 — OK Code / Title 2 / Section 2-15-146
Director - Legal counsel
Status: in_force

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 Page 575

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.
Okla. Stat. tit. 2, § 2-15-93 — OK Code / Title 2 / Section 2-15-93
Lands upon which buildings for county free fairs may be
Status: in_force

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.
Okla. Stat. tit. 2, § 2-2-4e — OK Code / Title 2 / Section 2-2-4e
Confidentiality of electronic mail addresses
Status: in_force

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.
Okla. Stat. tit. 2, § 2-6-291 — OK Code / Title 2 / Section 2-6-291
Exotic livestock disease control - Official agency
Status: in_force

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.
Okla. Stat. tit. 2, § 2-20-6 — OK Code / Title 2 / Section 2-20-6
Licensure – Modification – Designation of operations
Status: in_force

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 Page 678

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-five-

year, 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 Page 679

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.
Okla. Stat. tit. 2, § 2-104c — OK Code / Title 2 / Section 2-104c
Renumbered as § 15-68 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-20-41 — OK Code / Title 2 / Section 2-20-41
Definitions
Status: in_force

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 Page 714

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 Page 715

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 twenty-

five-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 Page 716

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 Page 717

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.
Okla. Stat. tit. 2, § 2-11-35 — OK Code / Title 2 / Section 2-11-35
Short title
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 497

This article shall be known and may be cited as the "Oklahoma

Agriculture Biotechnology Act".
Okla. Stat. tit. 2, § 2-5-9 — OK Code / Title 2 / Section 2-5-9
"Made in Oklahoma" and "Grown in Oklahoma" program -
Status: in_force

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.
Okla. Stat. tit. 2, § 2-6-205 — OK Code / Title 2 / Section 2-6-205
District courts - Jurisdiction
Status: in_force

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.
Okla. Stat. tit. 2, § 2-1713 — OK Code / Title 2 / Section 2-1713
Renumbered as § 8-85.12 of this title by Laws 2001, c
Status: in_force

146, § 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-20-62 — OK Code / Title 2 / Section 2-20-62
Penalties
Status: in_force

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 Page 742

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 Page 743

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.
Okla. Stat. tit. 2, § 2-5-103 — OK Code / Title 2 / Section 2-5-103
Short title
Status: in_force

This article shall be known and may be cited as the “Oklahoma

Farm Animal, Crop, and Research Facilities Protection Act”.
Okla. Stat. tit. 2, § 2-5-3A.6 — OK Code / Title 2 / Section 2-5-3A.6
Promulgation of rules
Status: in_force

The Oklahoma Department of Agriculture, Food, and Forestry may

promulgate rules as necessary to carry out the provisions of this

act.
Okla. Stat. tit. 2, § 2-11-10 — OK Code / Title 2 / Section 2-11-10
Tampering or attempting to tamper with anhydrous ammonia pipeline, equipment,
Status: in_force

container or storage device – Penalties - Theft or attempted theft of anhydrous ammonia - Civil

Oklahoma Statutes - Title 2. Agriculture Page 20pipeline, 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 Page 494

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.
Okla. Stat. tit. 2, § 20-10 — OK Code / Title 2 / Section 20-10
Best Management Practices – Swine Waste Management Plans
Status: in_force

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 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,

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 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,

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 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.
Okla. Stat. tit. 2, § 2-16-57 — OK Code / Title 2 / Section 2-16-57
Advice by director of forestry - Forest management for
Status: in_force

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.
Okla. Stat. tit. 2, § 2-18-36 — OK Code / Title 2 / Section 2-18-36
Assessment of fee – Exemption
Status: in_force

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 Page 638

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.
Okla. Stat. tit. 2, § 2-361s — OK Code / Title 2 / Section 2-361s
Renumbered as § 17-20 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-6-254 — OK Code / Title 2 / Section 2-6-254
Definitions
Status: in_force

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 Page 285

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 Page 286

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 Page 287

(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) 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;

(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 Page 288

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 Page 289

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.
Okla. Stat. tit. 2, § 2-14-7 — OK Code / Title 2 / Section 2-14-7
Legislative intent
Status: in_force

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.
Okla. Stat. tit. 2, § 2-2-11b — OK Code / Title 2 / Section 2-2-11b
Renumbered as § 5-10 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-20-14 — OK Code / Title 2 / Section 2-20-14
Investigations and inspections
Status: in_force

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.
Okla. Stat. tit. 2, § 2-9-202 — OK Code / Title 2 / Section 2-9-202
Renumbered as § 20-3 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-15-57 — OK Code / Title 2 / Section 2-15-57
Board of directors - Rules - Expenditures
Status: in_force

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.