Okla. Stat. tit. 2, § 2-20-60 — OK Code / Title 2 / Section 2-20-60
Exceeding animal unit capacity – Criteria – Notice
Status: in_force

A. A concentrated animal feeding operation may exceed its

animal unit capacity if:

1. A diseased or potentially diseased animal exists at the

operation; or

2. A diseased or potentially diseased animal is in the next

destination for the production line for the operation; and

3. The owner of the concentrated animal feeding operation has

reasonable cause to believe an animal has or may have any disease

causing:

a. a public health emergency,

Oklahoma Statutes - Title 2. Agriculture Page 740

b. a substantial and imminent economic hardship to the

owner, or

c. a substantial and imminent threat to the animal

population of the state, or

4. The State Board of Agriculture issues an order establishing

temporary restrictions, a quarantine, or a quarantine zone

restricting the movement of persons, livestock, machinery, and

personal property out of a concentrated animal feeding operation.

B. In no case shall an animal unit capacity be exceeded for

more than five (5) days following a confirmatory test indicating

that either the animal is diseased or is not diseased. A

confirmatory test shall be performed within twenty (20) days of

discovery that a diseased or potentially diseased animal exists at

the operation.

C. The owner of a concentrated animal feeding operation shall

provide written notification to the Oklahoma Department of

Agriculture, Food, and Forestry upon discovery of a diseased or

potentially diseased animal pursuant to subsection A of this section

that may result in the animal unit capacity being exceeded.

D. The notice shall:

1. Identify the concentrated animal feeding operation that may

exceed its animal unit capacity; and

2. Include an estimate of the number of animals exceeding the

animal unit capacity at the concentrated animal feeding operation.
Okla. Stat. tit. 2, § 2-14-39 — OK Code / Title 2 / Section 2-14-39
Liquid measure
Status: in_force

Except as provided by the State Board of Agriculture,

commodities in liquid form shall be sold by liquid measure or by

weight. Commodities not in liquid form shall be sold only by

weight, measure, or count, so long as the method of sale provides

accurate quantity information.
Okla. Stat. tit. 2, § 2-6-183 — OK Code / Title 2 / Section 2-6-183
Inspection of animals to be slaughtered - Setting apart
Status: in_force

of animals - Methods of slaughter - Examination and inspection of

method of slaughter.

A. For the purpose of preventing the use in intrastate

commerce, as hereinafter provided, of meat and meat food products

which are adulterated, the Board shall cause to be made, by

inspectors appointed for that purpose, an examination and inspection

of all cattle, bison, sheep, swine, goats, horses, mules and other

equines before they shall be allowed to enter into any slaughtering,

packing, meat-canning, rendering or similar establishment in this

state in which slaughtering and preparation of meat and meat food

products of such animals are conducted for intrastate commerce; and

all cattle, bison, sheep, swine, goats, horses, mules and other

equines found on such inspection to show symptoms of disease shall

be set apart and slaughtered separately from all other cattle,

bison, sheep, swine, goats, horses, mules or other equines, and when

so slaughtered, the carcasses of said cattle, bison, sheep, swine,

goats, horses, mules or other equines shall be subject to a careful

examination and inspection, all as provided by the rules and

regulations to be prescribed by the Board as herein provided for.

B. For the purpose of preventing the inhumane slaughter of

livestock, the Board shall cause to be made, by inspectors appointed

for that purpose, an examination and inspection of the method by

which cattle, bison, sheep, swine, goats, horses, mules and other

equines are slaughtered and handled in connection with slaughter in

the slaughtering establishments inspected by law. The Board may

refuse to provide inspection to a new slaughtering establishment or

may cause inspection to be temporarily suspended at a slaughtering

establishment if the Board finds that any cattle, bison, sheep,

swine, goats, horses, mules or other equines have been slaughtered

or handled in connection with slaughter at such establishment by any

method not in accordance with this section until the establishment

furnishes assurances satisfactory to the Board that all slaughtering

and handling in connection with slaughter of livestock shall be in

accordance with such method.

C. Either of the following two methods of slaughtering

livestock and handling livestock in connection with slaughter are

hereby found to be humane:

1. In the case of cattle, bison, sheep, swine, goats, horses,

mules or other equines, the animals are rendered insensible to pain

by a single blow or gunshot or an electrical, chemical or other

Oklahoma Statutes - Title 2. Agriculture Page 265

means that is rapid and effective, before being shackled, hoisted,

thrown, cast or cut; or

2. By slaughtering in accordance with the ritual requirements

of the Jewish faith or any other religious faith that prescribes a

method of slaughter whereby the animal suffers loss of consciousness

by anemia of the brain caused by the simultaneous and instantaneous

severance of the carotid arteries with a sharp instrument and

handling in connection with such slaughtering.
Okla. Stat. tit. 2, § 2-104m — OK Code / Title 2 / Section 2-104m
Renumbered as § 15-78 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.Oklahoma Statutes - Title 2. Agriculture Page 30
Okla. Stat. tit. 2, § 2-4013 — OK Code / Title 2 / Section 2-4013
Bonds as securities — Investment — Collateral security
Status: in_force

Bonds issued pursuant to provisions of the Oklahoma State

University Veterinary Medicine Authority Act are hereby made

securities in which all public officers and public boards, agencies

and instrumentalities of the state and its political subdivisions,

all banks, trust companies, trust and loan associations, investment

companies, and others carrying on a banking business, and all

insurance companies and insurance associations, and others carrying

on an insurance business, may legally and properly invest. Such

bonds are also approved as collateral security for the deposit of

any public funds and for the investment of trust funds.
Okla. Stat. tit. 2, § 2-18-271 — OK Code / Title 2 / Section 2-18-271
Definitions
Status: in_force

As used in the Oklahoma Oilseed Resources Act:

1. "Commercial channels" means the sale of oilseed for any use,

when sold to any commercial buyer, dealer, processor, cooperative,

or to any person, public or private, who resells any oilseed or

product produced from oilseed;

2. "Commercial quantities" means and includes all

hundredweights (CWT) of oilseed produced for market in any calendar

year by any producer;

3. "Commission" means the Oklahoma Oilseed Commission;

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

Food, and Forestry;

5. "First purchaser" means any person buying or acquiring after

harvest the property in or to oilseed from an oilseed producer. A

mortgagee, pledgee, lienholder, or other person having a claim

against the oilseed producer under a nonrecourse loan made against

the oilseed after harvest shall be a purchaser. The term "first

purchaser" shall not include a harvesting or threshing lienee;

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

Agriculture;

7. "Oilseed" means any seed or crop grown primarily or mainly

for oil; and

8. "Oilseed producer" or "producer" means an individual engaged

in the production of oilseed, who markets oilseed in commercial

quantities in Oklahoma. Each individual determined to be an entity

pursuant to rules promulgated by the United States Department of

Agriculture Farm Service Agency shall be considered an oilseed

producer.
Okla. Stat. tit. 2, § 2-1753.2 — OK Code / Title 2 / Section 2-1753.2
Renumbered as § 9-146 of this title by Laws 2001, c
Status: in_force

146, § 256, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-16-21 — OK Code / Title 2 / Section 2-16-21
Organization of protection areas
Status: in_force

The Division shall organize forest protection areas to prevent,

detect, and suppress wildfires most effectively, and may employ

forest rangers to have charge of its activities in each area; may

subdivide each area into patrol areas; may construct lookout towers,

Oklahoma Statutes - Title 2. Agriculture Page 585

roads, bridges, control lines, office facilities, and communication

facilities; may purchase tools for firefighting as well as other

necessary supplies and equipment; and may carry on all activities

necessary to protect the area effectively from fires.
Okla. Stat. tit. 2, § 2-5-23 — OK Code / Title 2 / Section 2-5-23
Renumbered as § 10-75 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-9-210.3 — OK Code / Title 2 / Section 2-9-210.3
Renumbered as § 20-21 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-6-204 — OK Code / Title 2 / Section 2-6-204
Seizure and condemnation
Status: in_force

(a) Any carcass, part of a carcass, meat or meat food product of

cattle, bison, sheep, swine, goats, horses, mules or other equines,

or any dead, dying, disabled, or diseased cattle, bison, sheep,

swine, goat, or equine, that is being transported in intrastate

commerce, or is held for sale in this state after such

transportation, and that (1) is or has been prepared, sold,

transported, or otherwise distributed or offered or received for

distribution in violation of this act, or (2) is capable of use as

human food and is adulterated or misbranded, or (3) in any other way

is in violation of this act, shall be liable to be proceeded against

and seized and condemned, at any time, on an information filed in

any proper court as provided in Section 6-205 of this title within

the jurisdiction of which the article or animal is found. If the

article or animal is condemned it shall, after entry of the decree,

be disposed of by destruction or sale as the court may direct and

the proceeds, if sold, less the court costs and fees, and storage

and other proper expenses, shall be paid into the treasury of this

state, but the article or animal shall not be sold contrary to the

provisions of this act, or the Federal Meat Inspection Act or the

Federal Food, Drug, and Cosmetic Act, provided, that upon the

execution and delivery of a good and sufficient bond conditioned

that the article or animal shall not be sold or otherwise disposed

of contrary to the provisions of this act, or the laws of the United

States, the court may direct that such article or animal be

delivered to the owner thereof subject to such supervision by

authorized representatives of the Board as is necessary to ensure

compliance with the applicable laws. When a decree of condemnation

is entered against the article or animal and it is released under

bond, or destroyed, court costs and fees, and storage and other

proper expenses shall be awarded against the person, if any,

intervening as claimant of the article or animal. The proceedings

shall be at the suit of and in the name of this state.

(b) The provisions of this section shall in no way derogate from

authority for condemnation or seizure conferred by other provisions

of this act, or other laws.
Okla. Stat. tit. 2, § 2-9-35 — OK Code / Title 2 / Section 2-9-35
Unlawful acts - Commodity storage and receipts -
Status: in_force

Penalties.

Any warehouseman, manager, or other employee of a public

warehouse, who issues or aids in issuing a warehouse receipt for any

commodities, without knowing that the commodities have actually been

placed in a public warehouse, who delivers any commodities from a

public warehouse without the surrender and cancellation of the

warehouse receipt, or who fails to mark the depositor's receipt

“Cancelled” on the delivery of the commodities, shall, upon

conviction, be guilty of a Class D1 felony offense. The fine for a

violation of this section shall not be more than Ten Thousand

Dollars ($10,000.00), or by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or by both such fine and imprisonment.
Okla. Stat. tit. 2, § 2-6-404 — OK Code / Title 2 / Section 2-6-404
Court action against persons not abiding by disease
Status: in_force

control measures – Hearing – Violation.

A. If the State Board of Agriculture determines that a person

has not or is not reasonably likely to abide by the disease control

measures established by the Board, the Board may request a court

hearing to determine if the emergency temporary restrictions should

continue. The court shall schedule the hearing as expeditiously as

possible. When the Board requests a court hearing under this

section, restrictions pursuant to Section 17 of this act shall

continue to apply to the person until the court has held the

temporary emergency restrictions hearing and issues an order either

continuing the emergency disease control measures established by the

Board or removing the emergency disease control measures.

B. If the Board requests a court hearing pursuant to this

section, notice of the hearing must be served upon any person

restricted at least twenty-four (24) hours before the hearing.

C. The notice must contain the following information:

1. The time, date, and place of the hearing;

2. The grounds and underlying facts upon which continued

restrictions are sought;

3. The person's right to appear by electronic means at the

hearing and the right to have a representative appear in person at

the hearing;

4. The person's right to present and cross-examine witnesses;

and

Oklahoma Statutes - Title 2. Agriculture Page 349

5. The person's right to counsel, including the right, if the

person is indigent, to representation by counsel designated by the

court or county of venue.

D. 1. The court may order the continued restriction on the

movement of the person if it finds, by a preponderance of the

evidence, that travel outside of the quarantine zone by the person

would pose an imminent threat of transporting a dangerous,

infectious, or communicable disease outside of the boundaries of the

quarantine zone.

2. If the person agrees to sign and comply with the

acknowledgment form referred to in Section 17 of this act, the

temporary restrictions shall not continue longer than thirty (30)

days.

3. If the person refuses to sign and comply with the

acknowledgment form, the temporary restrictions shall continue for a

longer time as specified by the court. Refusal by the person to

sign and comply with the acknowledgment form constitutes a knowing

violation of the Animal Disease Outbreak Temporary Emergency Act.
Okla. Stat. tit. 2, § 2-3-311 — OK Code / Title 2 / Section 2-3-311
Castor bean transportation - Ricin
Status: in_force

A. It shall be unlawful to transport castor beans in quantities

of more than fifty (50) pounds containing the toxin ricin within

this state.

B. Any person violating the provisions of this section shall,

upon conviction, be deemed guilty of a misdemeanor and may be

punished by a fine not exceeding Five Hundred Dollars ($500.00).

C. Provisions of this section shall be enforced by the Oklahoma

Department of Agriculture, Food, and Forestry.
Okla. Stat. tit. 2, § 2-6-290.9 — OK Code / Title 2 / Section 2-6-290.9
Unlawful acts
Status: in_force

A. On and after September 1, 1991, no person shall:

1. Slaughter any exotic livestock or process any exotic

livestock products which are capable of use as human food at any

establishment processing any such articles solely for intrastate

commerce, except in compliance with the requirements of the Exotic

Livestock and Exotic Livestock Products Inspection Act; and

2. Sell, transport, offer for sale or transportation, or

receive for transportation from an official establishment, any

slaughtered exotic livestock from which the blood, feet, head, or

Oklahoma Statutes - Title 2. Agriculture Page 333

viscera have not been removed in accordance with regulations

promulgated by the Board, except as may be authorized by regulations

of the Board.

B. No person shall:

1. Sell, transport, offer for sale or transportation, or

receive for transportation:

a. any exotic livestock products which are capable of use

as human food and are adulterated or misbranded at the

time of such sale, transportation, offer for sale or

transportation, or receipt for transportation, or

b. any exotic livestock products required to be inspected

pursuant to the Exotic Livestock and Exotic Livestock

Products Inspection Act unless they have been so

inspected and passed;

2. Perform any act which is intended to cause or has the effect

of causing such exotic livestock or exotic livestock products to be

adulterated or misbranded;

3. Use to his own advantage, or reveal other than to the

authorized representatives of the state government or any other

government in their official capacity, or as ordered by a court in

any judicial proceedings, any information acquired under the

authority of the Exotic Livestock and Exotic Livestock Products

Inspection Act concerning any matter which is entitled to protection

as a trade secret.

C. No brand manufacturer, printer, or other person shall cast,

print, lithograph, or otherwise make any device containing any

official mark or simulation thereof, or any label bearing any such

mark or simulation, or any form of official certificate or

simulation thereof, except as authorized by the Board.

D. No person shall:

1. Forge any official device, mark, or certificate;

2. Without authorization from the Board use any official

device, mark, or certificate, or simulation thereof, or alter,

detach, deface, or destroy any official device, mark, or certificate

including "Oklahoma Rejected" or "Oklahoma Retained" tags;

3. Contrary to the regulations prescribed by the Board, fail to

use, or to detach, deface, or destroy any official device, mark, or

certificate;

4. Knowingly possess, without promptly notifying the Board or

its representative, any official device or any counterfeit,

simulated, forged, or improperly altered official certificate or any

device or label or any carcass of any exotic livestock, or part or

product thereof, bearing any counterfeit, simulated, forged, or

improperly altered official mark;

5. Knowingly make any false statement in any shipper's

certificate or other nonofficial or official certificate provided

for in the regulations prescribed by the Board; or

Oklahoma Statutes - Title 2. Agriculture Page 334

6. Knowingly represent that any article has been inspected and

passed, or exempted, pursuant to the Exotic Livestock and Exotic

Livestock Products Inspection Act when, in fact, it has not been so

inspected and passed, or exempted.
Okla. Stat. tit. 2, § 2-12-1 — OK Code / Title 2 / Section 2-12-1
Written agreement with U.S. Department of Agriculture
Status: in_force

Wildlife Services – Wildlife damage management.

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

shall enter into a written agreement on behalf of the State of

Oklahoma with the United States Department of Agriculture Wildlife

Services. The agreement shall be for the purpose of cooperating

with Wildlife Services in conducting wildlife damage management for

beavers, coyotes, bobcats, feral swine, and other wildlife or

invasive species causing destruction to livestock, poultry, crops,

range land, forests, and other resources, including human health and

safety.

B. Wildlife damage management of predatory animals and other

species causing damage shall include but not be limited to hunting,

trapping, or other practical methods for the control of damage to

resources. Operations shall be directly supervised by the United

States Department of Agriculture Wildlife Services in association

with the Department. The Department is authorized to enter into

cooperative agreements with counties, associations, corporations,

and individuals for hunting and trapping operations and control of

wildlife damage.

C. In cooperation with Wildlife Services, the Department is

authorized to purchase animal damage management supplies, including

but not limited to bait, for cooperating governmental agencies,

counties, associations, corporations, and individuals for the

control of damage caused by predatory animals and other species.

The Department shall make these supplies and baits available to

cooperators at approximate cost. The receipts from the sale of

supplies and baits shall be credited to the State Department of

Agriculture Revolving Fund.

D. Furs, skins, specimens or other parts or byproducts of

commercial value collected by Wildlife Services agents shall be sold

upon sealed bids after advertisement of the sales, as prescribed by

the Department. The proceeds of all sales shall be credited to the

State Department of Agriculture Revolving Fund. Any specimen may be

presented, free of charge, to any state institution subject to the

jurisdiction and control of the State of Oklahoma. No bounty shall

be collected from any source for predatory animals and wildlife

taken by Wildlife Services agents operating pursuant to a

cooperative agreement.
Okla. Stat. tit. 2, § 2-5-3A.3 — OK Code / Title 2 / Section 2-5-3A.3
Requirements for registered farmers market
Status: in_force

A. A manager or an advisory board member may register a farmers

market with the Oklahoma Department of Agriculture, Food, and

Forestry if the farmers market meets the eligibility requirements

identified in the Oklahoma Farmers Market and Farmers Hub Act.

B. A manager or an advisory board member of a registered

farmers market shall ensure the following are met for the farmers

market:

1. A complete registration application is submitted to the

Oklahoma Department of Agriculture, Food, and Forestry containing

the following information:

a. location of the farmers market,

b. name and contact information of the manager or

advisory board members for the farmers market,

Oklahoma Statutes - Title 2. Agriculture Page 174

c. letters of intent to sell at the farmers market from a

minimum of four independent vendors of raw food

products,

d. proposed annual calendar including months, days and

hours of operation,

e. defined geographic region of eligible vendors,

f. written acknowledgement of the Oklahoma State

Department of Health rules found at Title 310,

Chapters 257 and 260 of the Oklahoma Administrative

Code,

g. a list of types of benefits accepted as payment

including, but not limited to, Supplemental Nutrition

Assistance Program (SNAP), Women and Infant Children

(WIC) and tribal aid programs,

h. intended methods for promotion of the farmers market

including websites, social media and other

advertising,

i. a copy of the farmers market guidelines or bylaws, if

applicable, and

j. any other information required by rules promulgated

pursuant to the Oklahoma Farmers Market and Farmers

Hub Act;

2. Open for business at least one (1) day a week and at least

four (4) months of the year;

3. Open to the general public for purchase of products;

4. Sales are only direct to purchasers from the farm food

producer or value-added processor;

5. The grower, producer or employees of the grower or producer

are knowledgeable of the products offered for sale and are present

to answer questions to the purchaser;

6. Compliance with all local, state and federal laws regarding

retail sales including, but not limited to, tax compliance and all

licensing from state and federal entities; and

7. Any other conditions provided in rules promulgated pursuant

to the Oklahoma Farmers Market and Farmers Hub Act.
Okla. Stat. tit. 2, § 2-6-511 — OK Code / Title 2 / Section 2-6-511
Wrongfully injure - Farmed carvidae facility - Remove
Status: in_force

from premises.

A. No person shall wrongfully injure any cervidae upon the

premises of a farmed cervidae facility that is licensed pursuant to

Section 6-504 of Title 2 of the Oklahoma Statutes or wrongfully

remove any cervidae from the premises of a farmed cervidae facility

that is licensed pursuant to Section 6-504 of Title 2 of the

Oklahoma Statutes.

B. Any violation of the provision of subsection A of this

section shall be deemed a misdemeanor and, upon conviction thereof,

shall be punishable by a fine not less than Five Thousand Dollars

($5,000.00) or by imprisonment in the county jail for a period not

exceeding one (1) year, or by both such fine and imprisonment. In

addition, any person violating the provisions of subsection A of

this section shall be liable for damages of not less than three

times nor more than ten times such a sum as would compensate for the

actual detriment.
Okla. Stat. tit. 2, § 2-7-419 — OK Code / Title 2 / Section 2-7-419
Quarantine of dairy products - Condemnation actions -
Status: in_force

Costs - Correction of violation - Bond.

A. Whenever the Commissioner of Agriculture finds any dairy

product, in whole or in part, that fails to meet the requirements of

the Oklahoma Milk and Milk Products Act, or that a product is

handled in violation of law or rules of the State Board of

Agriculture, a tag or other appropriate marking shall be affixed

which shall give notice that the dairy product is, or is suspected

of, being manufactured, produced, handled, sold, or offered for sale

in violation of law or rules of the Board, and is quarantined, and

warning all persons not to remove or dispose of the dairy product

until permission for removal or disposal is given by the

Commissioner. It shall be unlawful for any person to remove or

dispose of the dairy product quarantined without permission.

B. If the Commissioner finds that dairy product quarantined

pursuant to subsection A of this section does not meet the

requirements of law, or the rules, the Commissioner may institute an

action in the district court in whose jurisdiction the dairy product

is quarantined, for the condemnation and destruction of the dairy

Oklahoma Statutes - Title 2. Agriculture Page 384

product. If the Commissioner finds that the dairy product

quarantined does meet the requirements of law and the rules, the

Commissioner shall remove the quarantine. In any court proceeding

regarding a quarantine, the State Department of Agriculture or the

Commissioner, shall not be held liable if the court finds probable

cause for the quarantine.

C. If the court finds that a quarantined dairy product, in

whole or in part, is in violation of the law, the dairy product

shall be destroyed at the expense of the owner or defender, under

the supervision of the Commissioner. All court costs, fees, cost of

storage, and other proper expenses shall be paid by the owner or

defender of the dairy product. The court may order that the dairy

product be delivered to the owner or defendant for appropriate

labeling or processing under the supervision of the Commissioner if

the violation can be corrected by proper processing of the dairy

product, all costs, fees, and expenses have been paid, and a

sufficient bond is executed and conditioned for appropriate labeling

or processing as the court may require. The expense of supervision

shall be paid to the Commissioner by the person obtaining release of

the dairy product under bond.
Okla. Stat. tit. 2, § 2-1106 — OK Code / Title 2 / Section 2-1106
Renumbered as § 18-55 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-10-9.3 — OK Code / Title 2 / Section 2-10-9.3
Registration
Status: in_force

A. 1. It shall be unlawful for any person to construct or

operate a new poultry feeding operation without having first

registered with the State Board of Agriculture.

2. The owner or operator of a poultry operation not classified

as a poultry feeding operation may register if such owner or

operator elects to come under the provisions of the Oklahoma

Registered Poultry Feeding Operations Act and the rules of the

Board.

B. Any poultry feeding operation that has a valid license

pursuant to the Oklahoma Concentrated Animal Feeding Operations Act

shall not be required to register pursuant to the Oklahoma

Registered Poultry Feeding Operations Act.
Okla. Stat. tit. 2, § 2-6-608 — OK Code / Title 2 / Section 2-6-608
Importation - USDA permit - Slaughter following positive
Status: in_force

test results.

A. No person shall import live feral swine into this state

unless the live feral swine are going directly to a slaughter

Oklahoma Statutes - Title 2. Agriculture Page 367

facility in a sealed trailer and accompanied by a USDA vs 1-27

permit for the movement of restricted animals.

B. All feral swine in this state that test positive for

brucellosis or pseudorabies shall be immediately sent directly to

slaughter or slaughtered on the premises pursuant to an order issued

by the State Veterinarian.
Okla. Stat. tit. 2, § 2-1108 — OK Code / Title 2 / Section 2-1108
Renumbered as § 18-57 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-29 — OK Code / Title 2 / Section 2-15-29
Premium catalogs - Printing - Payment of expense
Status: in_force

Premium catalogs shall be printed in sufficient numbers for

distribution throughout the area comprising the free fair district.

Oklahoma Statutes - Title 2. Agriculture Page 543

The expense of printing the premium catalogs shall be borne by

advertisers in the catalog.
Okla. Stat. tit. 2, § 2-18-34 — OK Code / Title 2 / Section 2-18-34
Oklahoma Beef Council
Status: in_force

A. There is hereby created, to continue until July 1, 2010, in

accordance with the provisions of the Oklahoma Sunset Law, the

Oklahoma Beef Council.

B. The Oklahoma Beef Council shall:

1. Promote the sale and use of beef and beef products, support

national beef promotion, research, education, and other consumer

marketing activities related to beef and cattle production, and

otherwise support consumer market development and promotion efforts

on a national and international scale;

2. Develop new uses and markets for beef and beef products;

3. Develop and improve methods of distributing beef and beef

products to the consumer;

4. Develop methods of improving the quality and safety of beef

and beef products for consumer benefit;

5. Inform and educate the public of the nutritive, safety, and

economic values of beef and beef products;

6. Function in a liaison capacity with the beef and other food

industries of the state and elsewhere in matters that would increase

efficiencies ultimately benefiting the consumer and the industry;

7. Receive and disburse funds for use in administering and

implementing the provisions and intent of the Oklahoma Beef

Improvement and Market Development Act;

8. Annually elect a chairperson from among its members who may

be reelected for not more than one one-year term;

9. Meet regularly, but in no case shall meet less than one time

per calendar quarter, at any other times as called by the Chair, or

upon request by three or more members of the Council;

10. Maintain a permanent record of all business proceedings;

11. Maintain a permanent and detailed record of all financial

dealings;

12. Prepare periodic reports and an annual report of all

activities for each fiscal year, for review by the beef cattle

industry of the state. The annual report shall be filed with the

Chair of the Senate Agriculture and Rural Development Committee or

successor committee, the Chair of the House Agriculture Committee or

successor committee, the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry, and the Governor;

13. Prepare periodic reports and an annual accounting for each

fiscal year of all receipts and expenditures for review of the beef

Oklahoma Statutes - Title 2. Agriculture Page 636

cattle industry of the state and provide for annual audits conducted

by a certified public accounting firm;

14. Adopt and promulgate rules pursuant to the Administrative

Procedures Act, with the assistance of the Oklahoma Department of

Agriculture, Food, and Forestry if requested by the Council, for

implementation of the Oklahoma Beef Improvement and Market

Development Act;

15. Maintain an office at a specific location in Oklahoma that

is accessible to beef producers and conducive to operating the

programs of the Council; and

16. Have such other powers and duties to implement the Oklahoma

Beef Improvement and Market Development Act.

C. The Council may:

1. Conduct or contract for scientific research with any

accredited university, college, or similar institution and enter

into other contracts or agreements that aid in carrying out the

purposes of the Oklahoma Beef Improvement and Market Development

Act, including, but not limited to, contracts for the purchase or

acquisition of facilities, advertising, or equipment;

2. Disseminate reliable information benefiting consumers and

the beef cattle industry on subjects including, but not limited to,

purchase, identification, care, storage, handling, cookery,

preparation, serving size or portion, and nutritional value of beef

and beef products;

3. Provide information to various governmental bodies, upon

request, on subjects of concern to the beef industry and act jointly

or in cooperation with the state or federal government, and agencies

thereof, in the development or administration of programs deemed by

the Council as consistent with the objectives of the Oklahoma Beef

Improvement and Market Development Act;

4. Cause any civil action to be filed to enforce the provisions

of the Oklahoma Beef Improvement and Market Development Act;

5. Appoint advisory groups composed of representatives from

organizations, institutions, governments, or business related to or

interested in the welfare of the beef industry and the consuming

public;

6. Employ an Executive Director and employees of the Council

and prescribe their duties and fix their compensation and terms of

employment;

7. Cooperate with any local, state, regional or nationwide

organization or agency engaged in work or activities consistent with

the objectives of the Oklahoma Beef Improvement and Market

Development Act; and

8. Cause any duly authorized agent or representative of the

Council to enter upon the premises of any market agent with proper

warrants and examine or require examination of only those books,

papers, and records associated in any way with payments of

Oklahoma Statutes - Title 2. Agriculture Page 637

assessments or enforcement of the Oklahoma Beef Improvement and

Market Development Act. It shall be incumbent upon the Council to

make appropriate arrangements with the persons being examined to

ensure that an orderly examination is made that does not impede on

the person's normal course of business.

D. Members of the Council shall not be individually liable for

acts of the Council when acting within the scope of the Council's

powers and in the manner prescribed by the laws of the state;
Okla. Stat. tit. 2, § 2-8-41.5 — OK Code / Title 2 / Section 2-8-41.5
Feed labels
Status: in_force

A commercial feed shall be labeled as follows:

1. A commercial feed, except a customer-formula feed, shall be

accompanied by a label bearing the following information:

a. net contents statement (weight or volume),

b. the product name and the brand name, if any, under

which the commercial feed is distributed,

c. the guaranteed analysis stated in such terms as the

State Board of Agriculture by rules determines is

required to advise the user of the composition of the

feed or to support claims made in the labeling. In

all cases the substances or elements must be

determinable by laboratory methods such as the methods

published by the Association of Official Analytical

Chemists International,

d. the official, common, or usual name of each ingredient

used in the manufacture of the commercial feed. The

Board by rule may permit the use of a collective term

for a group of ingredients which perform a similar

function, or they may exempt commercial feeds, or any

group, from this requirement of an ingredient

statement if they find that the statement is not

required in the interest of consumers,

e. the name and principal mailing address of the

manufacturer or the person responsible for

distributing the commercial feed,

f. adequate directions for use for all commercial feeds

containing drugs and for other feeds as the Board may

require for their safe and effective use, and

g. precautionary statements the Board determines are

necessary for the safe and effective use of the

commercial feed;

2. Label format shall comply with applicable state and/or

federal packaging and labeling regulations; and

Oklahoma Statutes - Title 2. Agriculture Page 399

3. A customer-formula feed shall be accompanied by a label,

invoice, delivery slip, or other shipping document, bearing the

following information:

a. name and address of the manufacturer,

b. name and address of the purchaser,

c. date of delivery,

d. the product name and brand name, if any, the net

weight of each commercial feed used in the mixture,

and the net weight of each ingredient used,

e. adequate directions for use for all customer-formula

feeds containing drugs and for other feeds the Board

may require for their safe and effective use,

f. the direction for use and precautionary statements as

required by the Board, and

g. if a drug-containing product is used:

(1) the purpose of the medication (claim statement),

and

(2) the established name of each active drug

ingredient and the level of each drug used in the

final mixture expressed in accordance with rules

promulgated by the Board.
Okla. Stat. tit. 2, § 2-121 — OK Code / Title 2 / Section 2-121
Renumbered as § 15-96 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-11-98 — OK Code / Title 2 / Section 2-11-98
License application
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 511

A. An applicant for a license to engage in business as a scrap

metal dealer shall provide all of the following information on the

license application:

1. If the applicant is an individual, the full name and place

of residence of the applicant;

2. If the applicant is a firm, corporation or other legal

entity, the full name, place of residence, and the position of the

individual filing the application on behalf of the entity;

3. The business address of the location where the scrap metal

dealer conducts business or will conduct business as a scrap metal

dealer;

4. Legal proof of ownership, lease agreement or contract for

the business location;

5. Proof of a dedicated telephone line for the business

location;

6. Proof of a general liability insurance policy for the

business location;

7. Proof of a current discharge permit issued pursuant to the

provisions of the Oklahoma Pollutant Discharge Elimination System

Act; and

8. Whether the person has been previously convicted of, or pled

guilty or nolo contendere to, any felony crime that substantially

relates to scrap metal dealing and poses a reasonable threat to

public safety.

B. The Department may conduct any reasonable inquiry or

investigation relative to the determination of the fitness of the

applicant to be licensed or continue to be licensed including, but

not limited to, requiring a national criminal history record check

as provided in Section 150.9 of Title 74 of the Oklahoma Statutes.

C. The Department shall charge an application fee in the amount

of One Hundred Dollars ($100.00) for processing an initial

application for a scrap metal dealer license. The Department shall

also charge an investigative fee of One Hundred Dollars ($100.00) to

be used for the purpose of conducting an investigation of the

applicant. All fees shall be nonrefundable.

D. In addition to the application, each applicant shall submit

a full set of fingerprints and a photograph with each application

for an original license. The fingerprints shall be used for a

national criminal history record check as provided for in subsection

B of this section. The applicant shall be required to pay for

fingerprints, photographs and the national criminal history records

check required for licensure and renewals.

E. If the results of the investigation of the applicant show no

prohibition to granting a license, the Department shall issue the

scrap metal dealer license. The scrap metal dealer license shall be

valid for a period of one (1) year unless otherwise voluntarily

surrendered, suspended or revoked by the Department.

Oklahoma Statutes - Title 2. Agriculture Page 512

F. A scrap metal dealer license issued pursuant to the

provisions of this act is valid for the conduct of business as a

scrap metal dealer only at the location specified in the

application. A separate scrap metal dealer license shall be

required for each location specified in the application form and

each license shall designate the location to which it applies. The

business of the scrap metal dealer shall not be conducted in any

place other than that designated by the license. The scrap metal

dealer license shall not be transferable.

G. The Department shall deny the license when the applicant

fails to properly complete the application form or if it is

determined that the applicant is not eligible to receive a scrap

metal dealer license.

H. A scrap metal dealer license may be renewed any time within

sixty (60) days prior to the expiration date of the license. To

renew a scrap metal dealer license, the licensee must first obtain a

renewal form from the Department. The licensee must complete the

renewal form and submit a renewal fee in the amount of One Hundred

Dollars ($100.00) to the Department. Upon receipt of the renewal

application and fee, the Department shall conduct a national

criminal history record check and investigate any other records or

information deemed by the Department to be relevant to the renewal

of the scrap metal dealer license. If the licensee appears not to

have any prohibition to renewing the scrap metal dealer license, the

Department shall issue the renewed license for a period of one (1)

year.

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

shall promulgate rules, procedures and forms governing the

application and renewal procedures for scrap metal dealer licenses.

J. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.
Okla. Stat. tit. 2, § 2-10-9.18 — OK Code / Title 2 / Section 2-10-9.18
Report regarding all poultry waste land-applied
Status: in_force

A. Every certified poultry waste applicator shall file by

September 1 of each year an annual report with the Oklahoma

Department of Agriculture, Food, and Forestry regarding all poultry

waste land-applied by such applicator for the period from July 1 of

the previous year through June 30 of that year. The report shall

contain the following information:

1. The legal description and county where the poultry waste was

produced;

2. The legal description and county where the poultry waste was

land-applied;

3. Date of each application;

4. Total and per-acre amount of each application;

5. Name, address, and telephone number of the person for whom

poultry waste was applied;

6. The most recent soil test results obtained; and

7. Such other information as may be required by the State Board

of Agriculture.

B. The Department shall make available forms to be used in

making such report.

C. Applicators who seek to obtain a renewal certificate shall

submit the report with their application for renewal. No renewal

certificate may be issued without submission of this report.
Okla. Stat. tit. 2, § 2-788.4 — OK Code / Title 2 / Section 2-788.4
Renumbered as § 8-34 of this title by Laws 2001, c. 146,
Status: in_force

§ 248, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-203 — OK Code / Title 2 / Section 2-6-203
Detention of animals or products
Status: in_force

Whenever any carcass, part of a carcass, meat or meat food

product of cattle, bison, sheep, swine, goats, horses, mules, or

other equines, or any product exempted from the definition of a meat

food product, or any dead, dying, disabled, or diseased cattle,

bison, sheep, swine, goat, or equine is found by any authorized

representative of the Board upon any premises where it is held for

purposes of or during or after distribution in intrastate commerce,

and there is reason to believe that any such article is adulterated

or misbranded and is capable of use as human food, or that it has

not been inspected, in violation of the provisions of Sections 6-181

et seq. of this title or of the Federal Meat Inspection Act or the

Federal Food, Drug, and Cosmetic Act, or that such article or animal

has been or is intended to be distributed in violation of any such

provisions, it may be detained by such representative for a period

not to exceed twenty (20) days, pending action under Section 6-204

of this title or notification of any federal authorities having

jurisdiction over such article or animal, and shall not be moved by

any person, firm, or corporation from the place at which it is

located when so detained, until released by such representative. All

official marks may be required by such representative to be removed

from such article or animal before it is released unless it appears

to the satisfaction of the Board that the article or animal is

eligible to retain such marks.

Oklahoma Statutes - Title 2. Agriculture Page 278
Okla. Stat. tit. 2, § 2-3-402 — OK Code / Title 2 / Section 2-3-402
Definitions
Status: in_force

As used in the Oklahoma Industrial Hemp Program:

1. “Department” means the Oklahoma Department of Agriculture,

Food, and Forestry;

2. “Fiber” means the stalk of the industrial hemp plant and

does not include the flower or seeds of the plant;

3. “Flower” means the part of the industrial hemp plant that

contains the majority of the industrial hemp plant’s

tetrahydrocannabinol and other cannabinoids;

4. “Grain” means all of the parts of an industrial hemp plant

except the stalk or the flower of the industrial hemp plant;

5. “Handling” means possessing or storing industrial hemp for

any period of time on premises owned, operated or controlled by a

person licensed to cultivate or process industrial hemp and also

includes possessing or storing industrial hemp in a vehicle for any

period of time other than during its actual transport from the

premises of a licensed person to cultivate or process industrial

hemp to the premises of another licensed person;

6. “Industrial hemp” means the plant Cannabis sativa L. and any

part of the plant, including the seeds thereof, and all derivatives,

extracts, cannabinoids, isomers, acids, salts and salts of isomers,

whether growing or not, with a total delta-9 tetrahydrocannabinol

Oklahoma Statutes - Title 2. Agriculture Page 154

concentration of not more than three-tenths of one percent (0.3%) on

a dry-weight basis;

7. “Key participant” means a person who has a direct or

indirect financial interest in the entity producing hemp, such as an

owner or partner in a partnership. A key participant includes an

individual who is part of a corporate entity or a tribal-owned

corporation. A key participant also includes an executive-level

individual such as a chief executive officer, chief operating

officer, or chief financial officer. Such term shall not include

such management personnel as a farm, field, or shift manager or a

member of the leadership of a tribal government who is acting in his

or her capacity as a tribal leader except when such member exercises

executive managerial control over hemp production;

8. “Licensee” means a person who holds a valid Industrial Hemp

License to grow industrial hemp under the Oklahoma Industrial Hemp

Program. A licensee shall have the ability to remediate

noncompliant industrial hemp with a total delta-9

tetrahydrocannabinol concentration of not more than one percent

(1.0%) on a dry-weight basis for retesting as set forth by the

Department as long as the noncompliant industrial hemp has a total

delta-9 tetrahydrocannabinol concentration of not more than three-

tenths of one percent (0.3%) on a dry-weight basis after retesting,

and the option to remediate the industrial hemp through the

reasonable destruction of the flower or shredding of the entire lot

into a homogeneous biomass results in the remediation of any part of

the industrial hemp plant that is above three-tenths of one percent

(0.3%) on a dry-weight basis. All noncompliant hemp must be tracked

and documented. The State Board of Agriculture shall have

jurisdiction over such remediation, which includes, but is not

limited to, destruction through composting, burning, or other

regulated disposal methods if the industrial hemp is not remediated

into a final product before processing below three-tenths of one

percent (0.3%) on a dry-weight basis;

9. “License” means authorization by the Department for any

person to grow and cultivate industrial hemp on a registered land

area as part of the Oklahoma Industrial Hemp Program; and

10. “Processing” means converting industrial hemp into a

marketable form, including the production of all derivatives,

extracts, cannabinoids, isomers, acids, salts, and salts of isomers.
Okla. Stat. tit. 2, § 2-10-9.12 — OK Code / Title 2 / Section 2-10-9.12
Promulgation of rules
Status: in_force

A. The State Board of Agriculture shall promulgate rules for

the administration, implementation, and enforcement of the Oklahoma

Registered Poultry Feeding Operations Act.

Oklahoma Statutes - Title 2. Agriculture Page 474

B. For the performance of its duties and responsibilities, the

Board is authorized to employ such personnel and agents as may be

required within the funds available.
Okla. Stat. tit. 2, § 2-1506 — OK Code / Title 2 / Section 2-1506
Renumbered as § 18-185 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-290.5 — OK Code / Title 2 / Section 2-6-290.5
Application of act - Registration with Board - Dead,
Status: in_force

dying, disabled or diseased animals - Prerequisites for sale.

A. The Exotic Livestock and Exotic Livestock Products

Inspection Act shall apply to:

1. Any person that engages in the business of slaughtering any

exotic livestock or processing, freezing, packaging, or labeling any

carcasses, or parts or products of carcasses, of any exotic

livestock for use as human food or animal food. The provisions of

this paragraph shall not apply to:

a. the slaughtering of exotic livestock owned and raised

by a person who prepares and transports the carcasses

of exotic livestock or parts of exotic livestock

exclusively for his own use or for use by members of

his household or his nonpaying guests or employees, or

b. except as otherwise provided by this section, any

person who slaughters exotic livestock or processes or

otherwise handles exotic livestock products which have

Oklahoma Statutes - Title 2. Agriculture Page 330

been or are to be processed as required by recognized

religious dietary laws.

(1) Any person desiring such exemption shall make

application to the Oklahoma State Department of

Agriculture. The application shall be in such

form and contain such information as is required

by the Board.

(2) The Board may impose such conditions as to

sanitary standards, practices, and procedures in

granting such exemption as it deems necessary to

effectuate the purposes of the Exotic Livestock

and Exotic Livestock Products Inspection Act.

Any person who processes exotic livestock or

exotic livestock products under exemption from

certain requirements as provided in this division

shall be subject to all of the other applicable

provisions of the Exotic Livestock and Exotic

Livestock Products Inspection Act and the

regulations promulgated pursuant thereto.

(3) Processing plants shall meet the sanitary

requirements set forth in the Exotic Livestock

and Exotic Livestock Products Inspection Act and

shall be required to qualify for inspection and

operate as official establishments;

2. Any person who engages in the business of buying or selling,

as exotic livestock products brokers, wholesalers, or otherwise, or

transporting or storing any carcasses, or parts or products of

carcasses, of any exotic livestock; or

3. Any person who engages in business as a renderer, or engages

in the business of buying, selling, or transporting any dead, dying,

disabled, or diseased exotic livestock or parts of the carcasses of

any exotic livestock that died otherwise than by slaughter.

B. 1. Any person who is engaged in business specified in this

subsection shall be registered with the Board:

a. as a meat broker, renderer, or animal food

manufacturer, or engage in business in such commerce

as a wholesaler of any carcasses, or parts or products

of the carcasses, of any exotic livestock whether

intended for human food or other purposes; or

b. as a public warehouseman storing any such articles in

or for such commerce, or engage in the business of

buying, selling, or transporting in such commerce any

dead, dying, disabled, or diseased animals of the

specified kinds, or parts of the carcasses of any such

animals that died otherwise than by slaughter.

2. The application for registration shall contain the name of

such person, address of each place of business at which and all

Oklahoma Statutes - Title 2. Agriculture Page 331

trade names under which such person conducts such business and such

other information deemed necessary by the Board.

C. Any person, firm, or corporation who is engaged in the

business of buying, selling, or transporting dead, dying, disabled,

or diseased animals, or any parts of the carcasses of any animals

that died otherwise than by slaughter, shall buy, sell, transport,

offer for sale or transportation, or receive for transportation, in

such commerce, any dead, dying, disabled, or diseased exotic

livestock or parts of the carcasses of any such animals that died

otherwise than by slaughter, shall comply with such regulations as

the Board prescribes to assure that such animals, or the unwholesome

parts or products thereof, will be prevented from being used for

human food purposes.

D. On and after September 1, 1991, no exotic livestock products

intended for human food shall be allowed to be sold in this state

without:

1. First being inspected and approved by:

a. the United States Department of Agriculture,

b. the Oklahoma State Department of Agriculture, or

c. a program from another state approved by the Board; or

2. Having been legally imported into this state pursuant to

existing laws of the Federal Food, Drug and Cosmetic Act.
Okla. Stat. tit. 2, § 2-117 — OK Code / Title 2 / Section 2-117
Renumbered as § 15-92 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1515 — OK Code / Title 2 / Section 2-1515
Renumbered as § 18-195 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-11-2 — OK Code / Title 2 / Section 2-11-2
Ungraded agricultural products - Misleading practices -
Status: in_force

Penalty.

It shall be unlawful and deemed a Class D3 felony offense to

sell, offer for sale, or advertise any agricultural product using

any word, figure, number, or term which pertains to grade, quality,

condition, quantity, or size, including No. 1, Fancy, Choice,

Select, A, Large, Size A, or any other word, figure, number, or term

which in any manner implies or suggests that the product involved

has been officially graded unless the product has actually been

officially graded, sized, or measured under state or federal

regulations or sized or measured in accordance with the requirements

of the State Board of Agriculture or federal regulations. Any

person who violates the provisions of this section shall, upon

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

Oklahoma Statutes - Title 2. Agriculture Page 493

punished as provided for in subsections B through F of Section 20P

of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 2, § 2-118 — OK Code / Title 2 / Section 2-118
Renumbered as § 15-93 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-605 — OK Code / Title 2 / Section 2-5-605
Licensing program — Hunters Against Hunger
Status: in_force

The Oklahoma Department of Agriculture, Food, and Forestry shall

create a licensing program for meat processing plants that helps

support Oklahoma Department of Wildlife Conservation's "Hunters

Against Hunger" program, by allowing the processors to process wild

game. This license shall be for meat processors already licensed

and/or inspected by the Oklahoma Department of Agriculture, Food,

and Forestry for processing meat besides wild game. Facilities that

Oklahoma Statutes - Title 2. Agriculture Page 242

receive the special licenses can participate in Oklahoma Department

of Wildlife Conservation's "Hunters Against Hunger" program and

donate the processed wild game meat for payment by the Oklahoma

Department of Wildlife Conservation according to its rules. The

Oklahoma Department of Agriculture, Forestry, and Food shall create

the special license through the administrative rules process. This

license shall not be required of meat processors who only process

wild game and are already eligible to participate in the "Hunters

Against Hunger" program.
Okla. Stat. tit. 2, § 2-15-88 — OK Code / Title 2 / Section 2-15-88
Vote for bond issue - Issuance and sale of bonds - Sale
Status: in_force

price - Deposit and disbursement of proceeds.

A. If the three-fifths of the voters voting at the election

vote in favor of the issuance of the bonds, the board of county

commissioners shall proceed at once to issue the bonds and sell the

bonds in the manner now provided by law for the sale of municipal

and county bonds.

B. The bonds shall not be sold for less than par and accrued

interest.

C. The proceeds of the bonds shall be deposited in the county

treasury to be paid out by the treasurer upon warrants authorized to

be issued by the board of county commissioners.
Okla. Stat. tit. 2, § 2-17-24 — OK Code / Title 2 / Section 2-17-24
Application of general business corporation laws
Status: in_force

The provisions of the Oklahoma General Corporation Act and all

powers and rights pursuant to the general business corporation laws

shall apply to the associations organized pursuant to the provisions

of the Cooperative Marketing Association Act, except where such

provisions are inconsistent with the express provisions of the

Cooperative Marketing Association Act. The provisions of this act

shall also apply to similar associations organized under the laws of

other jurisdictions and doing business or seeking to do business in

this state to the extent that this act applies to foreign

corporations doing business or seeking to do business in this state.
Okla. Stat. tit. 2, § 2-15-72 — OK Code / Title 2 / Section 2-15-72
Budget and itemized estimate of needs
Status: in_force

The board of directors of a fair shall submit to the county

commissioners and the excise board a budget and an itemized estimate

of the needs of the fair. The levy shall be made for the purpose of

taking care of the budget.
Okla. Stat. tit. 2, § 2-18-30 — OK Code / Title 2 / Section 2-18-30
Short title
Status: in_force

This act shall be known and may be cited as the "Oklahoma Beef

Improvement and Market Development Act".
Okla. Stat. tit. 2, § 2-6-124 — OK Code / Title 2 / Section 2-6-124
Livestock infected or exposed - Order of quarantine –
Status: in_force

Notice – Waiving of quarantine.

A. Whenever it is determined by the State Board of Agriculture

or the State Veterinarian that livestock in any area of the State of

Oklahoma is, has been, or is likely to be infected with an

infectious or contagious disease, or has been exposed due to

importation of livestock from another state or from another area in

the State of Oklahoma, or for any other reason, the President of the

Board, an authorized agent, or the State Veterinarian shall issue an

order of quarantine showing the area and the conditions of the

quarantine. Notice of the quarantine order shall be given by one of

the following methods:

1. In person by an authorized agent of the Board; or

2. By certified mail; or

3. By publication in a legal newspaper of general circulation

in one or more counties in which the areas are situated; or

4. By a sign or signs posted in or around the quarantined area.

B. It shall be illegal to remove any sign or notice posted to a

quarantine area or premise and removal shall be only by the State

Veterinarian or an authorized agent.

C. The issuance of a quarantine may be waived if the Board or

the State Veterinarian enters into a formal cooperative agreement

with the affected party that will control and eradicate the disease

condition.
Okla. Stat. tit. 2, § 2-8-36.3 — OK Code / Title 2 / Section 2-8-36.3
Penalty
Status: in_force

Any person violating any of the provisions of this subarticle

shall be guilty of a misdemeanor and, upon conviction, shall be

fined not more than One Thousand Dollars ($1,000.00).
Okla. Stat. tit. 2, § 2-1301-305 — OK Code / Title 2 / Section 2-1301-305
Renumbered as Section 16-55 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-1511 — OK Code / Title 2 / Section 2-1511
Renumbered as § 18-191 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-113 — OK Code / Title 2 / Section 2-15-113
Election of board of directors - Appointment of
Status: in_force

directors.

A. Within thirty (30) days of the establishment of a fair

association, the board of county commissioners shall, by resolution,

call for an election of the fair association board of directors.

Notice of the elections shall be given in a newspaper published in

the county at least ten (10) days before election. Notice of the

filing period for the elections shall be given in a newspaper

published in the county at least ten (10) days before the filing

period for the election. The board of county commissioners, by

resolution, shall set forth the following conditions concerning the

election:

1. The filing period shall consist of five (5) consecutive

business days;

2. Only registered voters of the county are eligible to file as

a candidate;

3. Any person so filing must reside in the commissioner's

district or city they seek to represent;

4. Prospective candidates must file with the county clerk;

Oklahoma Statutes - Title 2. Agriculture Page 564

5. The board of county commissioners shall prescribe a form to

be used by prospective candidates filing for the position of

director of the fair board association; and

6. The date of the election for the fair association board of

directors shall be no later than three (3) weeks from the date of

the final day of the filing period.

B. If a district or city does not have a candidate or

candidates for the position, the representative or representatives

shall be appointed as follows:

1. The board of county commissioners shall appoint the

representatives from the rural areas of the county;

2. The mayor of the city shall appoint the representatives from

the city; and

3. In the event there is not a candidate for election to the

fair association board of directors the appointment will be

announced no later than two (2) weeks from the closing of the filing

period.

C. The site of the elections shall be determined by the board

of county commissioners. Elections shall be held at a convenient

place in each district or city, on the same day and at the same

time. The county commissioner representing the district or an

official designee of the commissioner shall preside at the election.

D. The election shall be by secret ballot.

E. Only registered voters of the county shall be allowed to

vote.

F. The results of the election shall be tabulated at the site

of the election and announced prior to the adjournment of the

election meeting.

G. When a tie vote occurs in the election of a fair association

board of directors, the commissioner or commissioner's designee

shall select the candidate by lot, pursuant to the procedures set

forth in Section 8-105 of Title 26 of the Oklahoma Statutes.

H. Initial terms of the directors:

1. The director from commissioner's district one shall be

elected for a term of one (1) year;

2. The director from commissioner's district two shall be

elected for a term of two (2) years; and

3. The director from commissioner's district three shall be

elected for a term of three (3) years.

The term of each director elected subsequent to the initial term

shall be for a period of three (3) years.

I. If there is a city in the county with a population of more

than twenty thousand (20,000) according to the latest federal

census, the board of county commissioners shall in the following

manner cause to be elected two directors to represent the city on

the fair association board of directors:

Oklahoma Statutes - Title 2. Agriculture Page 565

1. The county clerk or an official designee of the clerk shall

preside at election in the city;

2. The candidate receiving the highest number of the ballots

cast shall be elected for a three-year term;

3. The candidate receiving the second highest number of votes

shall be elected for a two-year term; and

4. If, by the close of the filing period, a district or city is

without a candidate for the position of fair board director, the

board of county commissioners shall appoint a person to serve on the

fair association board of directors to represent the respective

district and the mayor of the city shall make the appointments for

the two city representatives.
Okla. Stat. tit. 2, § 2-16-72 — OK Code / Title 2 / Section 2-16-72
Expansion of statewide fire protection program - Support
Status: in_force

and operation of fire departments and fire districts.

The Department of Agriculture is directed to expand the present

statewide fire protection program and is authorized to acquire

federal excess property for the support and operation of fire

departments and fire districts.
Okla. Stat. tit. 2, § 2-7-403 — OK Code / Title 2 / Section 2-7-403
Definitions
Status: in_force

As used in the Oklahoma Milk and Milk Products Act:

1. "Bulk milk hauler/sampler" means any person collecting

official samples who may transport raw milk from a farm or raw milk

products to or from a milk plant, receiving station, or transfer

station and has in his or her possession a permit from any state to

sample these products;

2. "Dairy farm" means any premises owned or operated by a "milk

producer" where one or more cows or goats are kept, and from which a

part or all of the milk or milk products is sold or offered for

sale;

3. "Goat milk" means the lacteal secretion, practically free

from colostrum, obtained by the complete milking of one or more

healthy goats;

4. "Grade A milk and milk products" means milk and milk

products at any stage from production through pasteurization and

packaging, that are of the minimum quality and are produced, hauled,

processed and distributed under conditions which meet the

requirements of the Oklahoma Milk and Milk Products Act;

5. "Inhibitor" means any chemical or antibiotic substance which

inhibits or retards the growth of bacteria in milk;

6. "Milk" means the lacteal secretion, practically free from

colostrum, obtained by the complete milking of one or more healthy

cows, which contains not less than eight and one-fourth percent (8

1/4%) milk solids-not-fat and not less than three and one-fourth

percent (3 1/4%) milk fat. The term "milk" shall include goat milk,

fluid market milk, and milk products for the purpose of distribution

to the consumer, and may contain optional ingredients defined by the

Oklahoma Statutes - Title 2. Agriculture Page 373

State Board of Agriculture and shall include ungraded and Grade A

milk;

7. "Milk contact surface" means any pipe, tank, equipment, or

facility which contacts or may contact milk during the producing,

transporting, processing, or distributing of milk and milk products;

8. "Milk distribution center" means any premises, owned or

operated by a "milk distributor", which distributes and sells or

offers to sell milk and milk products but does not include an

establishment which sells or offers to sell Grade A milk and milk

products at retail;

9. "Milk facility" means the producing, processing,

transporting, or distributing premises and facilities which operate

under an appropriate and valid permit issued by the Commissioner, in

compliance with the Oklahoma Milk and Milk Products Act and the

rules of the Board;

10. "Milk fat" or "butter fat" means the fat of milk;

11. "Milk plant" means any premises owned or operated by a

"milk processor" where milk or milk products are collected,

manufactured, processed, pasteurized, bottled, stored, or prepared

for distribution for commercial purposes including, but not limited

to, a receiving or transfer station;

12. "Milk products" means those products produced or obtained

from milk or any component or product of milk and defined by the

Board, including Grade A milk products, ungraded raw milk and

ungraded milk products;

13. "Milk tank truck cleaning facility" means any premises or

establishment, separate from a milk plant, receiving station, or

transfer station, where a milk tank truck is cleaned and sanitized;

14. "Milk tank truck driver" means any person transporting raw

or pasteurized milk products between a milk plant, receiving

station, or transfer station;

15. "Milk transportation company" means any person responsible

for a milk tank truck;

16. "Pasteurized milk" means Grade A raw milk which has been

pasteurized and stored in accordance with the chemical,

bacteriological, and temperature standards required by the Board;

17. "Receiving station" means any premises where raw milk is

received, collected, handled, stored, or cooled and prepared for

further transporting;

18. "Retail food store" means any establishment which offers

for retail sale packaged or bulk food goods for human consumption;

19. "Transfer station" means any establishment or premises

where milk or milk products are transferred directly from one milk

tank truck to another; and

20. "Ungraded milk products" and "manufacture grade milk

products" include, but are not limited to, butter, cheese, dry milk,

Oklahoma Statutes - Title 2. Agriculture Page 374

condensed milk, filled or evaporated milk, frozen dairy dessert and

mello-drink products.
Okla. Stat. tit. 2, § 2-131.15 — OK Code / Title 2 / Section 2-131.15
Renumbered as § 15-125 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-252 — OK Code / Title 2 / Section 2-6-252
Purpose
Status: in_force

Poultry and poultry products are an important source of the

nation's total supply of food. It is essential in the public

interest that the health and welfare of consumers be protected by

assuring that slaughtered poultry and poultry products distributed

to them are wholesome, not adulterated, and properly marked,

labeled, and packaged. Unwholesome, adulterated, or misbranded

poultry or poultry products are injurious to the public welfare,

destroy markets for wholesome, not adulterated, and properly labeled

and packaged poultry and poultry products, and result in sundry

losses to poultry producers and processors of poultry and poultry

products, as well as injury to consumers. The unwholesome,

adulterated, mislabeled, or deceptively packaged articles can be

sold at lower prices and compete unfairly with the wholesome, not

adulterated, and properly labeled and packaged articles, to the

detriment of consumers and the public generally. It is hereby found

that regulation by the Board and cooperation by this state and the

United States as contemplated by this act are appropriate to protect

the health and welfare of consumers and otherwise effectuate the

purposes of this act.
Okla. Stat. tit. 2, § 2-16-9 — OK Code / Title 2 / Section 2-16-9
Payroll deductions for residence maintenance expenses
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 583

The State Board of Agriculture is authorized to make payroll

deductions for maintenance from Forestry Division employees living

in residences located on land owned or leased by the Board. Within

the next month following payroll deductions, the Board shall deposit

these funds in the State Department of Agriculture Revolving Fund

created by Section 2-10 of Title 2 of the Oklahoma Statutes. The

expenditure of these funds for maintenance shall be limited to

repairs, upkeep, and other expenses associated with the residences

owned or leased by the Board.
Okla. Stat. tit. 2, § 2-3-100.1 — OK Code / Title 2 / Section 2-3-100.1
Definitions
Status: in_force

For purposes of the Oklahoma Apiary Act:

1. “Abandoned apiary” means any apiary not regularly attended

in accordance with good beekeeping practices;

2. “Africanized honeybee” or “Apis mellifers scutellata” means

a hybridized bee of African descent that at any stage of development

is considered a pest to bees, humans, and animals;

Oklahoma Statutes - Title 2. Agriculture Page 140

3. "Apiary" means a place where one or more colonies or nuclei

of bees are kept;

4. "Apiary equipment" means any apparatus, tools, clothing,

machines, or other devices used in the handling and manipulation of

bees, honey, wax, pollen, propolis, and hives and includes, but is

not limited to, any containers of honey or wax that may be used in

any apiary, any vehicle used in transporting bees and products, or

apiary supplies;

5. "Bee" means any one of the honey-producing genera of Apis

including any queen, worker, or drone, or any of their four life

stages. The term bee includes, but is not limited to, any species

of bees used for commercial pollinating purposes;

6. "Beekeeper" means a person who owns, possesses, controls, or

manages one or more colonies of bees for any purpose;

7. “Bee disease” means an abnormal condition of the eggs,

larvae, pupae, or adult stages of bees that impairs normal

functioning;

8. “Certificate of inspection” means a document issued based on

an inspection by the Oklahoma Department of Agriculture, Food, and

Forestry or other state or province stating that the apiary, bees,

and apiary equipment appear free of bee diseases and pests;

9. "Colony" means an aggregate of worker bees, drones, queen,

and developing young bees and the hive and its components including

comb, honey, propolis, and pollen;

10. “Feral colony” means any colony that is not managed

according to good beekeeping practices;

11. "Hive" means any domicile for keeping bees;

12. "Honey house" means any room in any building where honey is

extracted, stored in raw form, processed, or packaged;

13. "Migratory beekeeper" means a beekeeper who moves or

transports colonies of bees into the state to a more favorable

location for the purpose of wintering colonies, increasing the

strength of colonies, increasing the number of colonies, providing

pollination services, or for honey production;

14. “Nucleus” means any division or portion of a colony that

contains comb and bees;

15. "Pest" means any living organism which is responsible,

directly or indirectly, for any condition that is or may be harmful

or detrimental to bees in any of their four life stages, or

interferes with their management including, but not limited to,

diseases, parasites, and Africanized honeybees;

16. "Pollination" means the use of bees for the transfer of

pollen in crops;

17. "Premise" means any place where bees, colonies, hive,

apiary equipment, or honey may be located including, but not limited

to, apiaries; and

Oklahoma Statutes - Title 2. Agriculture Page 141

18. "Quarantine" means, but is not limited to, any order, hold,

detainment, affected area, infected premise or area, movement

restrictions of any kind, or notice issued by any state or federal

entity specifying boundaries or conditions placed on any apiary,

apiary equipment, bees, hives, or honey at its location after

discovering the presence of a bee disease or pest.
Okla. Stat. tit. 2, § 2-3-82H — OK Code / Title 2 / Section 2-3-82H
Pesticide sales permits and pesticide registrations —
Status: in_force

Duration — Renewal.

A. All permits for pesticide sales shall be issued for a period

of one (1) year and the permits shall be renewed annually and shall

expire on a date determined by the Board. A permit may be renewed

for the ensuing year, without penalty, if a properly completed

application is filed with the Board not later than the fifteenth day

of the month first following the date of expiration. If the

application is not received by that date, a penalty of twice the

amount of the renewal fee shall be charged for renewal of the

permit.

B. All pesticide registrations shall be issued for a period of

one (1) year. The registration shall be renewed annually and shall

Oklahoma Statutes - Title 2. Agriculture Page 125

expire on a date to be determined by the Board. Pesticide

registrations may be renewed for the ensuing year, without penalty,

if a properly completed application is filed with the Board not

later than the fifteenth day of the month first following the date

of expiration. If the application is not received by that date, a

penalty of twice the amount of the renewal fee shall be charged for

renewal of the pesticide registration.
Okla. Stat. tit. 2, § 2-5-60.5 — OK Code / Title 2 / Section 2-5-60.5
Program web site
Status: in_force

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

shall establish a Farm to School Program web site for the State of

Oklahoma. A direct link to the Farm to School Program web site

shall be maintained on the home pages of the State of Oklahoma, the

State Department of Education, and the Oklahoma Department of

Agriculture, Food, and Forestry.

B. The purpose of the Farm to School Program web site shall be

to assist schools and farmers in the coordination of fresh food

procurement.
Okla. Stat. tit. 2, § 2-8-77.2 — OK Code / Title 2 / Section 2-8-77.2
Official agency
Status: in_force

The Oklahoma Fertilizer Act shall be administered by the State

Board of Agriculture.
Okla. Stat. tit. 2, § 2-10-23 — OK Code / Title 2 / Section 2-10-23
County poultry show - Funds
Status: in_force

The board of county commissioners of each county in the state

may include in its annual estimate of needs a sum of not less than

Two Hundred Fifty Dollars ($250.00) for a county poultry show, which

may be placed in a separate fund to be known as the "county poultry

show fund". The county excise board shall make a sufficient

appropriation and levy for such purpose. The county poultry show

fund shall be used in holding an annual county poultry show. The

show shall be held by the county branch of the Oklahoma State

Poultry Federation. All expenditures from the fund shall be

approved by the board of county commissioners.

Oklahoma Statutes - Title 2. Agriculture Page 483
Okla. Stat. tit. 2, § 2-80 — OK Code / Title 2 / Section 2-80
Renumbered as § 15-30 of this title by Laws 2001, c. 146, §
Status: in_force

268, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-9-132 — OK Code / Title 2 / Section 2-9-132
License - Bond - Certificate of deposit or money market
Status: in_force

account - Nonrenewal or cancellation of bond – Violations -

Penalties.

A. Except as provided by subsection C of this section, no

person shall operate, conduct, or maintain a livestock auction

market unless the person holds a livestock auction market license

issued by the State Board of Agriculture and has:

1. Executed a corporate surety bond pursuant to the provisions

of this section. The bond shall be conditioned upon the prompt and

faithful accounting for all livestock received, handled, or sold,

and the remittance of the proceeds from any sale, purchase, or

exchange of any livestock to the consignor;

2. Opened a certificate of deposit account or a money market

savings account. For a certificate of deposit account or a money

market savings account to be eligible pursuant to the provisions of

this section:

a. the account shall be opened at a federally insured

financial depository,

b. an officer of the financial depository shall

specifically acknowledge and guarantee the deposit of

the funds required by subsection B of this section

until otherwise released pursuant to this subsection,

c. the person operating, conducting, or maintaining a

livestock auction market may only withdraw funds

deposited in a certificate of deposit account or a

money market savings account sixty (60) days after

the person has permanently ceased operations of the

livestock auction market unless the person presents to

the financial institution a written authorization for

release of funds by the Oklahoma Department of

Agriculture, Food, and Forestry; or

3. Provided other financial instruments allowable for livestock

markets by the Federal Packers and Stockyards Act of 1921, as

amended.

B. 1. The corporate surety bond or account required by

subsection A of this section for any person operating, conducting,

or maintaining a livestock auction market shall be in accordance

with the provisions of the Federal Packers and Stockyards Act of

1921, as amended, but shall not be less than Twenty-five Thousand

Dollars ($25,000.00) for any person conducting less than twenty-five

sales in any license year, or no single sale exceeds gross sales of

Twenty-five Thousand Dollars ($25,000.00).

Oklahoma Statutes - Title 2. Agriculture Page 447

2. For all other sales, the corporate surety bond or account

required by subsection A of this section for any person operating,

conducting, or maintaining a livestock auction market that does not

meet the criteria in paragraph 1 of this subsection shall be in

accordance with the provisions of the Federal Packers and Stockyards

Act of 1921, as amended, but shall not be less than Fifty Thousand

Dollars ($50,000.00) unless the Department approves a lesser amount

pursuant to rules promulgated by the State Board of Agriculture.

C. The corporate surety bond or account required by subsection

A of this section shall not be required of any person who has

executed and maintained a corporate surety bond or account pursuant

to the provisions of subsection B of this section to secure the

performance of obligations under the provisions of the Federal

Packers and Stockyards Act of 1921, as amended.

D. The Commissioner of Agriculture is authorized to be

designated as trustee for any corporate surety bond, certificate of

deposit account, money market savings account, or any other

financial instruments allowable for livestock markets by the Federal

Packers and Stockyards Act of 1921, as amended.

E. 1. Any corporate surety company issuing a bond to any

person as specified by subsection A or C of this section for

operating, conducting, or maintaining a livestock auction market

shall notify the Board in writing not less than thirty (30) days

prior to the cancellation or nonrenewal of the bond.

2. The Board shall provide for the publication of notice to the

public of the nonrenewal or cancellation of the bond for a livestock

auction market upon any notification that the bond of the livestock

auction market has been nonrenewed or canceled and no new bond has

been obtained.

3. No person shall knowingly operate, conduct, or maintain a

livestock auction market without having a bond as specified by this

section. Any person convicted of violating the provisions of this

paragraph shall be guilty of a Class D3 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

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

F. All records relating to the prompt and faithful accounting

for all livestock received, handled, or sold and the remittance of

the proceeds from any sale, purchase, or exchange of any livestock

to the consignor shall be in accordance with the provisions of the

Federal Packers and Stockyards Act of 1921, as amended. The Board

shall audit such records at least once a year. Any violation of the

standards of the Federal Packers and Stockyards Act may result in

the suspension of the livestock auction market license.

G. Except as provided by this section, any person found to be

in violation of the provisions of this section, upon conviction,

shall be guilty of a misdemeanor.

Oklahoma Statutes - Title 2. Agriculture Page 448
Okla. Stat. tit. 2, § 2-2-11c — OK Code / Title 2 / Section 2-2-11c
Renumbered as § 5-11 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-3012 — OK Code / Title 2 / Section 2-3012
Renumbered as § 5-102 of this title by Laws 2001, c. 146,
Status: in_force

§ 263, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-60.36 — OK Code / Title 2 / Section 2-5-60.36
Transfer of funds, equipment, and property to successor
Status: in_force

organization.

All funds, equipment, and all other property shall transfer from

the statutory commodity board to the successor organization

immediately upon approval of the successor organization by the

Commissioner. All funds, equipment, and other property so

transferred shall no longer be considered state funds or state

property and may be transferred or disposed by the successor

organization without regard to state surplus property laws.
Okla. Stat. tit. 2, § 2-104i — OK Code / Title 2 / Section 2-104i
Renumbered as § 15-75 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-20-56 — OK Code / Title 2 / Section 2-20-56
Duties of owners and operators – Nuisance
Status: in_force

A. In addition to any other requirement of the Oklahoma

Concentrated Animal Feeding Operations Act, animal feeding

operations owners and operators who are granted an animal feeding

operations license shall:

1. Provide adequate veterinarian services for detection,

control, and elimination of livestock diseases;

2. Have available for use at all necessary times mechanical

means of scraping, cleaning, and grading feed yards premises; and

3. Provide weather resistant aprons adjacent to all permanently

affixed feed bunks, water tanks, and feeding devices.

B. 1. Any animal feeding operation licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations Act, operated in

compliance with those standards, and in compliance with the rules

promulgated by the Board, shall be deemed to be prima facie evidence

that a nuisance does not exist; provided, no animal feeding

Oklahoma Statutes - Title 2. Agriculture Page 738

operation shall be located or operated in violation of any zoning

regulations.

2. Any animal feeding operation licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations Act, operated in

compliance with those standards, and in compliance with rules

promulgated by the Board, that is located on land more than three

(3) miles outside the incorporated limits of any municipality and

which is not located within one (1) mile of ten or more occupied

residences shall not be deemed a nuisance unless it is shown by a

preponderance of the evidence that the operation endangers the

health or safety of others.
Okla. Stat. tit. 2, § 2-17-16 — OK Code / Title 2 / Section 2-17-16
Officers
Status: in_force

A. The officers of each association established pursuant to the

Cooperative Marketing Association Act shall be a president, one or

more vice-presidents, a secretary and a treasurer and other officers

as may be authorized in the bylaws.

B. The president and at least one of the vice-presidents must

be directors of the association, unless the bylaws of the

association provide to the contrary.

C. The office of secretary and treasurer may be combined.

D. Officers shall be elected by the directors in the manner and

for terms as provided by the bylaws.
Okla. Stat. tit. 2, § 2-10-78 — OK Code / Title 2 / Section 2-10-78
Sale of eggs produced on farm directly to consumer not
Status: in_force

prohibited.

A. Oklahoma producers of eggs selling ungraded eggs from their

own flock production are exempt from this subarticle. Nothing in

this subarticle shall prohibit the sale of eggs produced on the farm

and sold direct to the consumer. Eggs sold under this section shall

be produced by hens maintained on the farm from which the eggs are

sold.

B. A producer may sell graded eggs if in compliance with this

subarticle.

Oklahoma Statutes - Title 2. Agriculture Page 489
Okla. Stat. tit. 2, § 2-752 — OK Code / Title 2 / Section 2-752
Renumbered as § 7-22 of this title by Laws 2001, c. 146, §
Status: in_force

247, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-361 — OK Code / Title 2 / Section 2-361
Renumbered as § 17-1 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-6-280.10 — OK Code / Title 2 / Section 2-6-280.10
Prohibitions relating to processing, transportation
Status: in_force

and sale of rabbits.

A. On and after September 1, 1989, no person shall:

1. slaughter any rabbit or process any rabbit products which

are capable of use as human food at any establishment processing any

such articles solely for intrastate commerce, except in compliance

with the requirements of the Oklahoma Rabbit and Rabbit Products

Inspection Act; and

2. sell, transport, offer for sale or transportation, or

receive for transportation, in intrastate commerce or from an

official establishment, any slaughtered rabbit from which the blood,

feet, head, or viscera have not been removed in accordance with

regulations promulgated by the Board, except as may be authorized by

regulations of the Board.

B. No person shall:

1. sell, transport, offer for sale or transportation, or

receive for transportation, in intrastate commerce:

a. any rabbit products which are capable of use as human

food and are adulterated or misbranded at the time of

such sale, transportation, offer for sale or

transportation, or receipt for transportation, or

b. any rabbit products required to be inspected pursuant

to the Oklahoma Rabbit and Rabbit Products Inspection

Act unless they have been so inspected and passed;

Oklahoma Statutes - Title 2. Agriculture Page 315

2. perform any act which is intended to cause or has the effect

of causing such rabbit or rabbit products to be adulterated or

misbranded;

3. use to his own advantage, or reveal other than to the

authorized representatives of the state government or any other

government in their official capacity, or as ordered by a court in

any judicial proceedings, any information acquired under the

authority of the Oklahoma Rabbit and Rabbit Products Inspection Act

concerning any matter which is entitled to protection as a trade

secret.

C. No brand manufacturer, printer, or other person shall cast,

print, lithograph, or otherwise make any device containing any

official mark or simulation thereof, or any label bearing any such

mark or simulation, or any form of official certificate or

simulation thereof, except as authorized by the Board.

D. No person shall:

1. forge any official device, mark, or certificate;

2. without authorization from the Board use any official

device, mark, or certificate, or simulation thereof, or alter,

detach, deface, or destroy any official device, mark, or certificate

including "Oklahoma Rejected" or "Oklahoma Retained" tags;

3. contrary to the regulations prescribed by the Board, fail to

use, or to detach, deface, or destroy any official device, mark, or

certificate;

4. knowingly possess, without promptly notifying the Board or

its representative, any official device or any counterfeit,

simulated, forged, or improperly altered official certificate or any

device or label or any carcass of any rabbit, or part or product

thereof, bearing any counterfeit, simulated, forged, or improperly

altered official mark;

5. knowingly make any false statement in any shipper's

certificate or other nonofficial or official certificate provided

for in the regulations prescribed by the Board; or

6. knowingly represent that any article has been inspected and

passed, or exempted, pursuant to the Oklahoma Rabbit and Rabbit

Products Inspection Act when, in fact, it has, respectively, not

been so inspected and passed, or exempted.
Okla. Stat. tit. 2, § 2-5-4.3 — OK Code / Title 2 / Section 2-5-4.3
Conditions for exemption from licensing and other
Status: in_force

requirements.

A. The production and sale of homemade food products that meet

the following conditions shall be exempt from all licensing and

other requirements of the State Department of Health and the

Oklahoma Department of Agriculture, Food, and Forestry:

1. Non-time- or -temperature-controlled-for-safety homemade

food products shall be sold:

a. by the producer directly to the consumer, either in

person or by remote means, including, but not limited

to, the Internet or telephone, or

b. by a producer's designated agent or a third-party

vendor, such as a retail or grocery store, farm, farm

stand, farmers market, membership-based buying club,

craft fair or flea market, to the consumer; provided,

the third-party vendor displays a placard where

homemade food products are displayed for sale with the

following disclosure: "This product was produced in a

private residence that is exempt from government

licensing and inspection. This product may contain

allergens.";

2. Non-time- or -temperature-controlled-for-safety homemade

food products shall be delivered:

a. by the producer or producer's designated agent

directly to the consumer or third-party vendor, or

b. by a third-party vendor or a third-party carrier, such

as a parcel delivery service, to the consumer or a

third-party vendor;

3. Time- or temperature-controlled-for-safety homemade food

products shall be sold by the producer directly to the consumer,

either in person or by remote means, including, but not limited to,

the Internet or telephone;

4. Time- or temperature-controlled-for-safety homemade food

products shall be delivered by the producer directly to the

consumer;

Oklahoma Statutes - Title 2. Agriculture Page 178

5. Before a producer produces and sells time- or temperature-

controlled-for-safety homemade food products, the producer shall

complete and pass food safety training from a list of providers,

including the ServSafe Food Handler Training, approved by the

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

safety training shall be available to complete online and shall not

exceed eight (8) hours in length. The Oklahoma Department of

Agriculture, Food, and Forestry shall make the list of approved

training available on its website by November 1, 2021;

6. The following information shall be provided to the consumer

in the format required by subsection B of this section:

a. the name and phone number of the producer,

b. the physical address where the product was produced,

c. a description of the homemade food product,

d. the ingredients of the homemade food product in

descending order of proportion,

e. a statement indicating the presence of any of the

eight most common allergens, including milk, eggs,

peanuts, tree nuts, soy and wheat, and

f. legible print stating, "This product was produced in a

private residence that is exempt from government

licensing and inspection.";

7. If the homemade food product is packaged and distributed in

interstate commerce, it shall also be sold and labeled in accordance

with federal law; and

8. Homemade food products shall not contain seafood or meat,

meat by-products or meat food products as defined by Section 301.2

of Title 9 of the Code of Federal Regulations or poultry, poultry

products or poultry food products as defined for purposes of the

federal Poultry Products Inspection Act.

B. The information required by paragraph 6 of subsection A of

this section shall be provided in a legible format of at least 10-

point font, in the following manner:

1. On a label affixed to the package if the homemade food

product is packaged;

2. On a label affixed to a container, if the homemade food

product is offered for sale from a bulk container directly to the

consumer;

3. On a placard displayed at the point of sale, and on a card

or other item that is made available to the consumer and is readily

carriable if the homemade food product is not packaged; and

4. Displayed on the webpage from which the homemade food

product is offered for sale if it is sold on the Internet; provided,

that each item sold over the Internet shall be properly labeled or

shall have a label included in the shipping container.

C. A homemade food product producer may obtain a registration

number upon the payment of an annual fee of Fifteen Dollars ($15.00)

Oklahoma Statutes - Title 2. Agriculture Page 179

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

is good for one (1) year from the date of its issue. The assigned

registration number may be used on product labels instead of the

producer's name, phone number, and the physical address of the

location where the homemade food product was produced.
Okla. Stat. tit. 2, § 2-9-209 — OK Code / Title 2 / Section 2-9-209
Renumbered as § 20-16 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-11-40 — OK Code / Title 2 / Section 2-11-40
Permit - Exemption - Information required - Fee
Status: in_force

A. The State Board of Agriculture shall have the authority to

issue, renew, deny, suspend, and revoke any permit issued according

to the provisions of the Oklahoma Agriculture Biotechnology Act.

B. No person shall maintain a regulated article without a

permit issued by the Board.

C. Any person who has filed Assurances of Compliance with

federally established guidelines with his or her Institutional

Biosafety Committee and/or applied for regulatory approval from the

appropriate federal agency shall be exempt from the provisions of

the Oklahoma Agriculture Biotechnology Act.

D. Any person not in compliance with a federal agency shall

provide the Board with the following information prior to issuance

of a permit pursuant to the Oklahoma Agriculture Biotechnology Act:

1. Name, title, address, telephone number, signature of the

responsible person, and type of permit requested such as for

importation, interstate movement, or release into the environment;

2. All scientific, common, and trade names, and all

designations necessary to identify the: Donor organism; recipient

Oklahoma Statutes - Title 2. Agriculture Page 500

organism; vector or vector agents; constituent of each regulated

article which is a product; and regulated article;

3. Names, addresses, and telephone numbers of the persons who

developed and/or supplied the regulated article;

4. A description of the means of movement, such as mail, common

carrier, baggage, or if hand-carried, by whom;

5. A description of the anticipated or actual expression of the

altered genetic material in the regulated article and how that

expression differs from the expression in the nonmodified parental

organism, including but not limited to morphological or structural

characteristics, physiological activities and processes, number of

copies of inserted genetic material, and the physical state of this

material inside the recipient organism, integrated or

extrachromosomal, products and secretions, growth characteristics;

6. A detailed description of the molecular biology of the

system, such as donor-recipient-vector, which is or will be used to

produce the regulated article;

7. Country and locality where the donor organism, recipient

organism, vector or vector agent, and regulated article were

collected, developed, and produced;

8. A detailed description of the purpose for the introduction

of the regulated article including a detailed description of the

proposed experimental and/or production design;

9. The quantity of the regulated article to be introduced and

proposed schedule and number of introductions;

10. A detailed description of the processes, procedures, and

safeguards which have been used or will be used in the country of

origin and in the United States to prevent contamination, release,

and dissemination in the production of the: Donor organism;

recipient organism; vector or vector agent; constituent of each

regulated article which is a product; and regulated article;

11. A detailed description of the intended destination

including final and all intermediate destinations, uses, and/or

distribution of the regulated article, such as greenhouses,

laboratory, or growth chamber location; field trial location; pilot

project location; production, propagation, and manufacture location;

proposed sale and distribution location;

12. A detailed description of the proposed procedures,

processes, and safeguards which will be used to prevent escape and

dissemination of the regulated article at each of the intended

destinations;

13. A detailed description of any biological material, for

example culture medium, or host material accompanying the regulated

article during movement; and

14. A detailed description of the proposed method of final

disposition of the regulated article.

Oklahoma Statutes - Title 2. Agriculture Page 501

E. Any person or their employees who is issued a permit shall

comply with regulations established by the Board as are necessary to

prevent the uncontrolled dissemination and establishment of a

regulated article in the environment.

F. In accordance with the administration of the Oklahoma

Agriculture Biotechnology Act, the Board is given the authority to

charge the following fee schedule: A fee of One Hundred Dollars

($100.00) shall be charged each person for a permit to develop,

maintain, manipulate and/or release a regulated article. The fees

shall be deposited in the State Department of Agriculture Revolving

Fund.
Okla. Stat. tit. 2, § 2-1031 — OK Code / Title 2 / Section 2-1031
Renumbered as § 18-309 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-9-135 — OK Code / Title 2 / Section 2-9-135
Inspection of scales - Use of inaccurate scales
Status: in_force

A. The State Board of Agriculture shall cause a periodic

inspection to be made of all scales used at any livestock auction

market. All scales used at any livestock auction market shall have

an automatic stamping device to print the weight on a card, paper,

or ticket and furnished to interested parties in connection with the

weighing of any livestock handled at the livestock auction market.

B. No person shall use any scales found to be inaccurate until

the scales have been made accurate and have been approved by the

Board.
Okla. Stat. tit. 2, § 2-11-41 — OK Code / Title 2 / Section 2-11-41
Violations
Status: in_force

It shall be a violation of the Oklahoma Agriculture

Biotechnology Act for any person not exempt from the provisions of

the Oklahoma Agriculture Biotechnology Act to:

1. Maintain a regulated article without a permit from the State

Board of Agriculture;

2. Move a regulated article without permission;

3. Release a regulated article into the environment without a

permit;

4. Fail to comply with a quarantine or destruction order; and

5. Fail to pay a permit fee.
Okla. Stat. tit. 2, § 2-361e — OK Code / Title 2 / Section 2-361e
Renumbered as § 17-6 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-3-50.19 — OK Code / Title 2 / Section 2-3-50.19
Unlawful acts - Moving infested article into state -
Status: in_force

Penalties.

A. It shall be unlawful for any person to store or handle any

regulated article in an eradicated or other quarantined area, or to

move into or from an eradicated or other quarantined area any

regulated article, except under conditions as may be prescribed by

the rules promulgated by the State Board of Agriculture.

B. Any person who, except in compliance with the rules of the

Department, moves any regulated article into this state from any

other state infested by boll weevils shall be deemed guilty of a

misdemeanor and, upon conviction, shall be subject to the penalty

provided in Section 3-50.20 of this title. Any person convicted of

a violation may be required to pay restitution for damages caused by

the violation.
Okla. Stat. tit. 2, § 2-16-38 — OK Code / Title 2 / Section 2-16-38
Advisory Committee
Status: in_force

The Oklahoma members of the Advisory Committee referred to in

Article III of the South Central Interstate Forest Fire Protection

Compact shall be selected as follows: One member shall be named from

the membership of the Senate of the State of Oklahoma by the

President Pro Tempore; One member shall be named from the membership

of the House of Representatives of the State of Oklahoma by the

Speaker of the House; Two members shall be appointed by the

Governor, provided, that one of the two members appointed by the

Governor shall be the President of the State Board of Agriculture,

and the other member appointed by the Governor shall be a person

associated with forestry or forest products industries.
Okla. Stat. tit. 2, § 2-2002 — OK Code / Title 2 / Section 2-2002
Tuition waivers for farmers and ranchers
Status: in_force

From and after July 1, 1986, if funds become available and if considered

economically feasible by the State Board of Career and Technology Education, any

Oklahoma farmer and rancher who meets the criteria set forth in this act shall be

entitled to accept tuition waivers and to attend any state-supported technology

center school. Provided, that said tuition waivers, if offered, under this act

shall be accepted by any approved applicant by July 1, 1996, and further, said

tuition waivers, if offered, shall not exceed a period of more than thirty-six

(36) months.
Okla. Stat. tit. 2, § 2-20-48 — OK Code / Title 2 / Section 2-20-48
Best Management Practices - Animal Waste Management
Status: in_force

Plans.

A. Animal feeding operations licensed pursuant to the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act shall utilize Best Management Practices, or may substitute for

best management practice equivalent measures contained in a site-

specific Animal Waste Management Plan meeting the conditions and

requirements established by subsection C of this section and by

rules promulgated by the Board pursuant to the Oklahoma Concentrated

Animal Feeding Operations Act.

B. The criteria for Best Management Practices shall be

promulgated by rule by the Board, based upon existing physical and

economic conditions, opportunities and constraints and shall

include, but not be limited to, the following:

1. There shall be no discharge of process wastewater to waters

of the state except in accordance with the provisions of the

Oklahoma Concentrated Animal Feeding Operations Act;

2. Animal waste shall be isolated from outside surface drainage

by ditches, dikes, berms, terraces or other such structures except

for a twenty-five-year, twenty-four-hour rainfall event;

3. No waters of the state shall come into direct contact with

the animals confined on the animal feeding operation;

4. Animal waste handling, treatment, management and removal

shall:

a. not create an environmental or a public health hazard,

b. not result in the contamination of public or private

drinking water supplies,

c. conform with Oklahoma Water Quality Standards,

d. not violate any state or federal laws relating to

endangered or threatened species of plant, fish or

wildlife or to migratory birds,

e. conform to such other handling, treatment and

management and removal requirements deemed necessary

by the Oklahoma Department of Agriculture, Food, and

Forestry to implement the Oklahoma Concentrated Animal

Feeding Operations Act and rules promulgated pursuant

thereto, and

f. ensure that watersheds and groundwater are adequately

protected;

5. If, for any reason, there is a discharge other than a spill

of less than one hundred (100) gallons, the licensee is required to

Oklahoma Statutes - Title 2. Agriculture Page 730

make immediate notification to the Department. The report of the

discharge shall include:

a. a description and cause of the discharge, including a

description of the flow path to the receiving water

body,

b. an estimation of the flow rate and volume discharged,

c. the period of discharge, including exact dates and

times, and if not already corrected, the anticipated

time the discharge is expected to continue,

d. steps taken to reduce, eliminate and prevent

recurrence of the discharge, and

e. test results for fecal coliform bacteria, five-day

biochemical oxygen demand (BOD5), total suspended

solids (TSS), ammonia nitrogen, total Kjeldahl

nitrogen (TKN), any pesticides which the operator has

reason to believe could be in the discharge, or other

parameters as required by the Department which the

Department has reason to believe could be in the

discharge;

6. Notwithstanding the provisions of paragraph 5 of this

subsection, any spill that leaves the property owned or controlled

by the licensee shall be reported to the Department regardless of

total number of gallons spilled; and

7. The Department shall maintain records of all discharges and

shall separately maintain records of all spills.

C. The Animal Waste Management Plan shall include at a minimum:

1. Animal waste removal procedures;

2. Records of inspections of retention structures, including,

but not limited to, specific measurement of wastewater level;

3. All calculations in determining land application rates,

acreage and crops for the land application rate of both solid and

liquid animal wastes on land owned or controlled by the licensee;

4. Requirements including that:

a. (1) land application of animal waste shall not exceed

the nitrogen uptake of the crop coverage or

planned crop planting with any land application

of wastewater or manure. Where local water

quality is threatened by phosphorous, in no case

shall the applicant or licensee exceed the

application rates in the most current Natural

Resources Conservation Service publication titled

Waste Utilization Standard, and

(2) timing and rate of applications shall be in

response to crop needs, expected precipitation

and soil conditions,

b. land application practices shall be managed so as to

reduce or minimize:

Oklahoma Statutes - Title 2. Agriculture Page 731

(1) the discharge of process water or animal waste to

waters of the state,

(2) contamination of waters of the state, and

(3) odor,

c. facilities including waste retention structures, waste

storage sites, ponds, pipes, ditches, pumps, and

diversion and irrigation equipment shall be maintained

to ensure ability to fully comply with the terms of

the Oklahoma Concentrated Animal Feeding Operations

Act, and

d. adequate equipment and land application area shall be

available for removal of such waste and wastewater as

required to maintain the proper operating volume of

the retention structure; and

5. Such other information deemed necessary by the Department to

administer the provisions of the Oklahoma Concentrated Animal

Feeding Operations Act and rules promulgated pursuant thereto.

D. Records shall be maintained of all animal wastes applied on

land owned or controlled by the licensee, and sold or given to other

persons for disposal.

E. Soils in areas in which animal waste is applied shall be

analyzed, annually, for phosphates, nitrates and soil pH prior to

the first application of the animal waste in the calendar year. A

copy of the results of the analysis shall be submitted to the

Department upon request by the Department. Such analysis shall be

retained by the animal feeding operation as long as the facility is

in operation.

F. Every animal feeding operation licensed pursuant to the

provisions of Oklahoma Concentrated Animal Feeding Operations Act

shall develop a plan approved by the Department for the disposal of

carcasses associated with normal mortality.

1. Dead animals shall be disposed of in accordance with a

carcass disposal plan developed by the applicant or licensee and

approved by the Department.

2. The plan shall include provisions for the disposal of

carcasses associated with normal mortality, with emergency disposal

when a major disease outbreak or other emergency results in deaths

significantly higher than normal mortality rates and other

provisions which will provide for a decrease in the possibility of

the spread of disease and prevent the contamination of waters of the

state. The plan shall comply with rules promulgated by the

Department.
Okla. Stat. tit. 2, § 2-1301-313 — OK Code / Title 2 / Section 2-1301-313
Renumbered as Section 16-68 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-18-42 — OK Code / Title 2 / Section 2-18-42
Oklahoma Beef Council Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Beef Council to be designated the "Oklahoma Beef

Council Revolving Fund". The Fund shall be a continuing fund, not

subject to fiscal year limitations and shall consist of all monies

received by the Oklahoma Beef Council from assessments received and

collected pursuant to the Oklahoma Beef Improvement and Market

Development Act, donations, grants, contributions and gifts from any

public or private source. The Council may expend funds as provided

for by law. Expenditures from said fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.
Okla. Stat. tit. 2, § 2-6-271 — OK Code / Title 2 / Section 2-6-271
Powers of Board - Penalties
Status: in_force

A. The Board shall also have power:

1. to require the keeping of adequate records and the

furnishing of such information upon request to the Board which is

necessary and essential for the administration of this act. Failure

to keep such records and furnish such information shall constitute a

misdemeanor;

2. to gather and compile information concerning and to

investigate from time to time the organization, business, conduct,

practices, and management of any person engaged in intrastate

commerce, and the relation thereof to other persons; B. 1. For

the purposes of this act the Board shall at all reasonable times

have access to, for the purpose of examination, and the right to

copy any documentary evidence of any person being investigated or

proceeded against, and may require by subpoena the attendance and

testimony of witnesses and the production of all documentary

evidence of any person relating to any matter under investigation.

The Board may sign subpoenas and may administer oaths and

affirmation, examine witnesses, and receive evidence.

2. Such attendance of witnesses, and the production of such

documentary evidence, may be required at any designated place of

hearing. In case of disobedience to a subpoena the Board may invoke

the aid of any court designated in Section 20 of this act in

requiring the attendance and testimony of witnesses and the

production of documentary evidence.

3. Any of the courts designated in Section 20 of this act

within the jurisdiction of which such inquiry is carried on may, in

case of contumacy or refusal to obey a subpoena issued to any

person, issue an order requiring such person to appear before the

Board or to produce documentary evidence if so ordered, or to give

Oklahoma Statutes - Title 2. Agriculture Page 302

evidence touching the matter in question; and any failure to obey

such order of the court may be punished by such court as a contempt

thereof.

4. Upon the application of the Attorney General of this state

at the request of the Board, the district court shall have

jurisdiction to issue writs of mandamus commanding any person to

comply with the provisions of this act or any order of the Board

made in pursuance thereof.

5. The Board may order testimony to be taken by deposition in

any proceeding or investigation pending under this act at any stage

of such proceeding or investigation. Such depositions may be taken

before any person designated by the Board and having power to

administer oaths. Such testimony shall be reduced to writing by the

person taking the deposition or under his direction and shall then

be subscribed by the deponent. Any person may be compelled to

appear and depose and to produce documentary evidence in the same

manner as witnesses may be compelled to appear and testify and

produce documentary evidence before the Board as hereinbefore

provided.

6. Witnesses summoned before the Board shall be paid the same

fees and mileage that are paid witnesses in the courts of this

state, and witnesses whose depositions are taken and the persons

taking the same shall severally be entitled to the same fees as are

paid for like services in such courts.

C. 1. It shall be a misdemeanor for any person to willfully

neglect or refuse to attend and testify or to answer any lawful

inquiry, or to produce documentary evidence, if in his or its power

to do so, in obedience to the subpoena or lawful requirement of the

Board.

2. Any person that shall willfully make, or cause to be made,

any false entry or statement of fact in any report required to be

made under this act, or that shall willfully make, or cause to be

made, any false entry in any account, record, or memorandum kept by

any person subject to this act, or that shall willfully neglect or

fail to make, or to cause to be made, full, true, and correct

entries in such accounts, records, or memoranda, of all facts and

transactions appertaining to the business of any person subject to

this act, or that shall willfully remove out of the jurisdiction of

this state, or willfully mutilate, alter or by any other means

falsify any documentary evidence of any such person, or that shall

willfully refuse to submit to the Board or to any of its authorized

agents, for the purpose of inspection and taking copies, any

documentary evidence of any person subject to this act in his or its

possession or within his or its control, shall be deemed guilty of

an offense and shall be subject, upon conviction in any court of

competent jurisdiction, to a fine of not more than One Thousand

Oklahoma Statutes - Title 2. Agriculture Page 303

Dollars ($1,000.00), or to imprisonment for a term of not more than

one (1) year, or to both such fine and imprisonment.

3. Any officer or employee of this state who shall make public

any information obtained by the Board without its authority, unless

directed by a court, shall be deemed guilty of a misdemeanor, and,

upon conviction thereof, shall be punished by a fine not exceeding

Five Hundred Dollars ($500.00), or by imprisonment not exceeding six

(6) months, or by both such fine and imprisonment, in the discretion

of the court.
Okla. Stat. tit. 2, § 2-9-133 — OK Code / Title 2 / Section 2-9-133
Licenses - Rules
Status: in_force

A. Every application for a livestock auction market license

shall be on a form prescribed by the State Board of Agriculture.

Each license shall expire at a time specified by the Board by rule.

A fee of Twenty-five Dollars ($25.00) shall be charged and collected

for the issuance or renewal of the license. Any license may be

denied, revoked, suspended, or not renewed by the Board, after due

notice in writing and an opportunity to be heard has been given to

the holder, upon:

1. The failure of the holder to comply with the corporate

surety bond or account requirements; or

2. The failure of the licensee to comply with any of the

provisions of Section 6-102 of this title, the Livestock Auction

Market Act, or any rule promulgated thereto.

B. The Board shall promulgate rules to effectuate the

provisions of this section. The rules may include, but not be

limited to, requiring:

1. The submission of financial documents;

2. The disclosure of all persons having a financial interest in

the applicant and the amount and nature of the interest;

3. Proof that the applicant meets registration requirements of

the Federal Packers and Stockyards Act of 1921, as amended; and

4. The submission of any other information reasonably

calculated to enable the Board to make the determination required by

this section.

Oklahoma Statutes - Title 2. Agriculture Page 449

C. The Board shall provide for the publication of notice to the

public of the suspension or revocation of the livestock auction

market license.
Okla. Stat. tit. 2, § 2-7-411 — OK Code / Title 2 / Section 2-7-411
Persons affected with communicable disease
Status: in_force

A. No person affected with any disease capable of being

transmitted to others through the contamination of food shall work

at any dairy farm or milk plant in any capacity which brings that

person into contact with the equipment involved or employees engaged

in the producing, handling, storing, or transporting of milk, milk

products, containers, equipment, and utensils; and no milk producer

or milk plant operator shall employ in any capacity any affected

person, any person suspected of having any disease capable of being

transmitted to others through the contamination of food, or of being

a carrier of communicable diseases. Any milk producer, processor,

or distributor who suspects that any employee has contracted any

disease or has become a carrier of a disease capable of being

transmitted to others through the contamination of food shall notify

the Commissioner of Agriculture immediately.

B. When reasonable cause exists to suspect the possibility of

transmission of infection from any person concerned with the

handling of milk and milk products, the Commissioner is authorized

to require any or all of the following measures:

1. The immediate exclusion of that person from milk handling;

2. The immediate exclusion of the milk supply concerned from

distribution and use; and

3. Adequate medical examination and testing of the person, of

his or her associates, and of the bodily discharges of both.
Okla. Stat. tit. 2, § 2-9-160 — OK Code / Title 2 / Section 2-9-160
Short title
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 453

The provisions of this act shall be known and may be cited as

the “Competitive Livestock Markets Act”.
Okla. Stat. tit. 2, § 2-3-213 — OK Code / Title 2 / Section 2-3-213
Promulgation of rules
Status: in_force

The State Board of Agriculture shall promulgate rules to carry

out the provisions of the Weed Free Hay Certification Act in

accordance with the Administrative Procedures Act and shall include,

but not be limited to, rules concerning:

Oklahoma Statutes - Title 2. Agriculture Page 149

1. Weeds designated as noxious are prohibited;

2. Procedures for certification of weed-free crops;

3. Qualification standards for persons seeking designation as

qualified inspectors;

4. Crop inspection procedures;

5. Treatment procedures for the eradication of viable noxious

weeds from crops;

6. Procedures for identifying and tracking certified weed-free

crops; and

7. Reasonable fees for obtaining certification.
Okla. Stat. tit. 2, § 2-18-189 — OK Code / Title 2 / Section 2-18-189
Assessments - Remittance
Status: in_force

A. There is hereby assessed a fee of twenty-five cents ($0.25)

per head on all sheep produced or sold in the State of Oklahoma and

a fee of two cents ($0.02) per pound on all wool produced or sold in

the State of Oklahoma. Such fees are assessed and imposed on the

producer at the time of the producer’s initial sale through an

auction or to a dealer.

B. If the dealer is the first purchaser, such dealer shall

remit the applicable fee or fees to the Commission. In the case of

wool gathered or held at a common point, cooperative or wool pool

for later sale, the applicable fee or fees shall be remitted to the

Sheep and Wool Utilization, Research and Market Development

Commission at the time of the final settlement with the producer or

producers thereof.

C. In any event, it is the duty of the first purchaser to remit

such fee or fees to the Commission. No sheep or wool shall be

subject to the applicable fee more than once.
Okla. Stat. tit. 2, § 2-3-32.9 — OK Code / Title 2 / Section 2-3-32.9
Quarantines
Status: in_force

A. The State Board of Agriculture shall have the authority to

establish a quarantine and promulgate rules prohibiting or

restricting the transportation into or through Oklahoma from any

other state, country, territory, or district of any nursery stock,

or other article, of any character, capable of carrying plant pests

or other harmful pests.

B. The quarantine shall show the boundaries of the area or

place quarantined and the conditions of the quarantine.

C. The Board shall have the authority to promulgate rules for

the seizure, inspection, disinfection, destruction, or other

disposition of any nursery stock, plants, plant products, or other

article, of any character, capable of carrying harmful plant pests

or other harmful pests.
Okla. Stat. tit. 2, § 2-14-67 — OK Code / Title 2 / Section 2-14-67
Owner serviced and maintained devices
Status: in_force

Nothing in the Oklahoma Service Technician and Service Agency

Act shall prohibit a weight or measure owner or a regular employee

of the owner from servicing or repairing a device. However, if the

device is found out of tolerance and is rejected by the State Board

of Agriculture, the owner is responsible for repairing the device

within the time specified on the rejected tag. In addition, the

owner shall notify the Board when the device is repaired and in

operation. The owner shall pay a fee commensurate with the expense

incurred by the Board in performing the follow-up inspection or

test.
Okla. Stat. tit. 2, § 2-1301-304 — OK Code / Title 2 / Section 2-1301-304
Renumbered as Section 16-54 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-11-6 — OK Code / Title 2 / Section 2-11-6
Licenses, permits or certificates issued under repealed
Status: repealed

sections.

Any license, permit, or certificate of registration issued under

a statute that is repealed or superseded and has not expired shall

be valid for the period for which the license, permit, or

certificate was issued under the repealed or superseded statute if

required for the same purpose by the Oklahoma Agricultural Code.

However, all holders of the licenses, permits, and certificates of

registration shall comply with the terms and provisions of this Code

upon expiration of the licenses, permits, and certificates of

registration.
Okla. Stat. tit. 2, § 2-6-601 — OK Code / Title 2 / Section 2-6-601
Short title
Status: in_force

This act shall be known and may be cited as the “Feral Swine

Control Act”.
Okla. Stat. tit. 2, § 2-4-10 — OK Code / Title 2 / Section 2-4-10
Brands reserved to state
Status: reserved

The state reserves the brands of "B", "T", "PI+" and "A" on the

tailhead of cattle. It shall be unlawful for any person other than

authorized agents of the State Board of Agriculture to use any of

such brands. The Board may reserve additional brands and promulgate

rules identifying the reserved brand.
Okla. Stat. tit. 2, § 2-91 — OK Code / Title 2 / Section 2-91
Renumbered as § 15-51 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-2A-6 — OK Code / Title 2 / Section 2-2A-6
Discharge of pollutant into state waters - Schedule of
Status: in_force

compliance and conditions - Permits.

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

Oklahoma Department of Agriculture, Food, and Forestry pursuant to

its environmental jurisdiction to discharge any pollutant into

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

Director of the Agriculture Pollutant Discharge Elimination System.

B. Prior to issuing the pollutant discharge permits, the

Director shall prescribe schedules of compliance and conditions as

necessary that:

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

quality-related and technology-based effluent limitations as are

necessary to protect the water quality and existing and designated

beneficial uses of the waters of the state;

2. Require application of best practicable control technology

currently available, best conventional pollutant control technology,

or best available technology economically achievable, or other

limitations as the Director may prescribe;

3. Require compliance with national standards of performance

and toxicity;

4. Set limitations or prohibitions designed to prohibit the

discharge of pollutants;

5. Set interim compliance dates which are enforceable without

otherwise showing a violation of an effluent limitation or harm to

water quality;

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

wastewater and for impoundments in accordance with rules promulgated

by the Board; and

7. Comply with the provisions of the Oklahoma Agriculture

Pollutant Discharge Elimination System Act and the requirements of

the federal Clean Water Act.

Oklahoma Statutes - Title 2. Agriculture Page 74

C. The Director shall:

1. Have authority to issue individual permits and

authorizations under general permits for pollutants, storm water and

sludge as authorized by the Oklahoma Agriculture Pollutant Discharge

Elimination System Act;

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

3. Have the authority to require conditions in permits issued

for facilities subject to the environmental jurisdiction of the

Department requiring the permittee to give notice to the Department

of:

a. new introductions into the treatment works of

pollutants at a regulated facility from any source

which would be a new source as defined in Section 306

of the federal Clean Water Act,

b. pollutants being introduced from a source which would

be a point source subject to Section 301 of the

federal Clean Water Act if it were discharging

directly to waters of the state,

c. a substantial change in volume or character of

pollutants being introduced into the treatment works

by a source introducing pollutants into the works at

the time of issuance of the permit, or

d. other conditions as may be required under the federal

Clean Water Act or state law;

4. Have the authority to ensure compliance with Sections

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

Act and with other applicable federal law;

5. Have all necessary and incidental authority to comply with

the requirements of the federal Clean Water Act and requirements of

the United States Environmental Protection Agency set forth in duly

promulgated federal regulations adopted under the federal Clean

Water Act;

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

the Director for cause, including but not limited to:

a. violation of any condition of the permit, including

but not limited to conditions related to limits,

monitoring requirements, entry, and inspections,

b. obtaining a permit by misrepresentation, or failure to

disclose fully all relevant facts, or

c. change in any condition that requires either a

temporary or permanent reduction or elimination of the

permitted discharge;

7. Have all necessary authority to implement and enforce

Department programs and requirements established by the State Board

of Agriculture in duly promulgated rules;

8. Have all necessary or incidental authority to investigate

and abate violations of permits issued by the Director, violations

Oklahoma Statutes - Title 2. Agriculture Page 75

of administrative orders, violations of duly promulgated rules, and

violations of the Oklahoma Agriculture Pollutant Discharge

Elimination System Act; and

9. Have all necessary and incidental authority to apply

sanctions through administrative proceedings for violations,

including but not limited to violations of requirements to obtain

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

limitations and water quality standards, and violations of

requirements for recording, reporting, monitoring, entry,

inspection, and sampling.
Okla. Stat. tit. 2, § 2-163 — OK Code / Title 2 / Section 2-163
Renumbered as § 15-163 of this title by Laws 2001, c. 146, § 272, emerg. eff. April 30, 2001. ... 752
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 32§ 272, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 752
Okla. Stat. tit. 2, § 2-3-82.1 — OK Code / Title 2 / Section 2-3-82.1
Unwanted Pesticide Disposal Fund
Status: in_force

There is hereby created in the State Treasury a fund for the

State Board of Agriculture to be designated the State Department of

Agriculture “ Unwanted Pesticide Disposal Fund”. The fund shall be

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

consist of all monies received by the State Board of Agriculture to

implement and maintain the Unwanted Pesticide Disposal Program. On

July 1, 2005, the Oklahoma Department of Agriculture, Food, and

Forestry shall transfer all money in the State Department of

Agriculture Revolving Fund which has been designated by law for

conducting programs for unwanted pesticide disposal to the Unwanted

Pesticide Disposal Fund.
Okla. Stat. tit. 2, § 2-6-214 — OK Code / Title 2 / Section 2-6-214
Oklahoma certified meat defined
Status: in_force

"Oklahoma certified meat" shall mean any bovine, swine, goat,

lamb, poultry, or fish product bred, born, raised, and processed

within the State of Oklahoma. The term "Oklahoma Certified" shall

not be used to describe any meat that was not bred, born, raised and

processed in the State of Oklahoma, not limited to but shall

include: Oklahoma Certified Beef, Oklahoma Certified Chicken and

Oklahoma Certified Goat.
Okla. Stat. tit. 2, § 2-15-3 — OK Code / Title 2 / Section 2-15-3
Capital stock and income - Charges and fees - Bylaws -
Status: in_force

Limitation of charges.

A. Agricultural Fair Corporations shall not be conducted for

profit, and shall have no capital stock or income other than that

derived from charges to exhibitors and fees for membership and

admissions. Such charges and fees, together with the term of

membership and mode of acquiring membership shall be provided for in

the bylaws of the corporations.

B. Any charges and fees shall not be greater than necessary to

raise sufficient money to discharge the debt for the real estate and

the improvements thereon, and to defray the current expenses of

fairs.

R.L. 1910, § 24. Amended by Laws 2001, c. 146, § 148, emerg. eff.

April 30, 2001. Renumbered from § 33 of this title by Laws 2001, c.

146, § 267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-14 — OK Code / Title 2 / Section 2-15-14
Retirement pay for employees of Agricultural Fair
Status: in_force

Corporations.

The Board of Directors of any nonprofit Agricultural Fair

Corporation organized under the laws of the State of Oklahoma may

establish a retirement pay plan for any of its employees faithfully

performing his or her duties for a period of more than thirty (30)

years. The payments shall be considered a part of current operating

expenses of the corporation and the amount of the payments and

methods of making the payments shall be determined from year to year

by the Board of Directors as they may see fit.
Okla. Stat. tit. 2, § 2-5-3A.4 — OK Code / Title 2 / Section 2-5-3A.4
Permissible products at registered farmers markets
Status: in_force

The following products may be sold at a registered farmers

market:

1. Raw, uncut produce;

2. Whole shell eggs, so long as properly licensed by the

Oklahoma Department of Agriculture, Food, and Forestry;

3. Meat, so long as in compliance with all Oklahoma Department

of Agriculture, Food, and Forestry regulations for sales of meat and

so long as appropriately licensed by the State Department of Health;

Oklahoma Statutes - Title 2. Agriculture Page 175

4. Baked goods that qualify pursuant to the Home Bakery Act of

2013;

5. Processed foods and Time/Temperature Control for Safety

Foods that meet all local, state and federal requirements and are

made with at least a portion of ingredients grown or raised in

Oklahoma or are processed in Oklahoma;

6. Nonfood items, only if those items account for less than

twenty-five percent (25%) of the overall sales at the farmers

market; and

7. Any other items listed in rules promulgated pursuant to the

Oklahoma Farmers Market and Farmers Hub Act.
Okla. Stat. tit. 2, § 2-16-68 — OK Code / Title 2 / Section 2-16-68
Arbor Week
Status: in_force

The last full week in March of each year shall be known

throughout Oklahoma as Arbor Week.

Oklahoma Statutes - Title 2. Agriculture Page 613
Okla. Stat. tit. 2, § 2-5-60.13 — OK Code / Title 2 / Section 2-5-60.13
Petition for certification – Public hearing
Status: in_force

A. 1. Any nonprofit organization authorized under the laws of

this state representing the producers of an agricultural commodity

may petition the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry for certification as the

organization authorized to establish a new commodity producers board

and conduct an assessment referendum pursuant to the Oklahoma

Agricultural Commodity Act.

2. The petition shall state:

a. the reasons for and the purposes of the commodity

producers board,

b. the number of board members and board organization,

c. propose either a six-member, nine-member, twelve-

member or fifteen-member board and whether board

members will be appointed by district or appointed at

large,

d. the maximum assessment to be levied pursuant to an

election, and

e. such other information required by the Commissioner;

3. The petition shall be signed by at least twenty percent

(20%) of the commodity producers in the state or at least two

hundred commodity producers, whichever is less.

B. 1. Any new nonprofit organization authorized under the laws

of this state representing the producers of an agricultural

commodity may petition the Commissioner for approval as a successor

organization authorized to replace an existing statutory commodity

producers board.

2. The petition shall:

a. state the existing statutory commodity producers board

to be replaced,

b. provide the bylaws for review and approval by the

Commissioner for the new nonprofit organization, and

c. provide any other information required by the

Commissioner.

3. The petition shall be signed by a majority of the board

members of the existing statutory commodity producers board.

4. Any new nonprofit organization petitioning the Commissioner

may retain the name of the existing statutory commodity producers

board.

Oklahoma Statutes - Title 2. Agriculture Page 194

C. 1. Within fifteen (15) days following the day on which a

petition for certification is received, the Commissioner shall

schedule a public hearing to consider the petition. The public

hearing shall be scheduled no later than forty (40) days after

receipt of the completed petition is received by the Department.

2. Upon the scheduling of the public hearing, the nonprofit

organization shall provide for notification of interested commodity

producers in the manner, method and locations required by the

Department.

3. If the Commissioner determines that, on the basis of

testimony presented at the public hearing, the petitioning

organization is representative of the producers of the agricultural

commodity and that the petition conforms to the purposes and

provisions of the Oklahoma Agricultural Commodity Act, the

Commissioner shall:

a. certify that the organization is representative of the

producers of the commodity and is authorized to

establish the commodity producers board and to conduct

the board election and assessment referendum, or

b. approve the new nonprofit organization as a successor

organization authorized to accept the statutory

assessment.
Okla. Stat. tit. 2, § 2-20-64 — OK Code / Title 2 / Section 2-20-64
Codification
Status: in_force

The Oklahoma Concentrated Animal Feeding Operations Act shall be

enacted as a part of the Agricultural Code and shall be codified

accordingly.
Okla. Stat. tit. 2, § 2-9-22 — OK Code / Title 2 / Section 2-9-22
State-chartered warehousemen - Reinsurance fee – Net worth
Status: in_force

requirement - Bonds, certificates of deposit and irrevocable letters

of credit - Bond cancellation.

A. 1. It shall be unlawful and a misdemeanor for any person to

operate a public warehouse unless such person shall have obtained

and holds a charter therefor issued by the State Board of

Agriculture or be licensed and bonded as required by the United

States Warehouse Act.

2. Each application for a charter issued by the Board shall be

on a form prescribed by the Board. The Board shall charge and

collect a one-time fee of One Hundred Dollars ($100.00) for each

charter. The Board shall deposit the fees in the State Department

of Agriculture Revolving Fund.

3. No charter shall be issued by the Board until the applicant

therefor has filed with the Board a financial statement prepared by

an independent certified public accountant and such other financial

information as shall be required by the Board.

B. 1. The Board shall also charge and collect a fee of Ten

Dollars ($10.00) per One Thousand Dollars ($1,000.00) of surety.

The fee shall be deposited in the Commodity Storage Indemnity Fund

and shall be specially designated and accounted for as a reinsurance

fee. The Board shall use the reinsurance fee to provide protection

to the Indemnity. If upon determination by the Board that the fee

of Ten Dollars ($10.00) is not sufficient to adequately provide

protection of the Indemnity, the Board is authorized to assess an

additional fee in such an amount so as to provide the necessary

protection for the Indemnity provided such additional fee shall not

exceed Twenty Dollars ($20.00) per One Thousand Dollars ($1,000.00)

of surety. The additional assessment shall only be collected from

those persons securing surety through this section.

2. Surety required by this section shall be in the same amounts

as shall be required for bonds or certificates of deposit as

specified in subsection D of this section. Claims against the

surety shall be paid by the Board from the Indemnity in the same

manner as shall be required for bonds or certificates of deposit. A

corporate surety bond or certificate of deposit, as specified in

subsection D of this section, may be used to secure a charter in

lieu of the reinsurance fee.

C. The applicant, in order to qualify for a charter issued by

the Board, as evidence of the applicant's financial status shall

Oklahoma Statutes - Title 2. Agriculture Page 430

have a net worth equal to twenty-five cents ($0.25) per bushel for

the first four million (4,000,000) bushels of chartered capacity but

not less than Fifty Thousand Dollars ($50,000.00). All chartered

capacity in excess of four million (4,000,000) bushels shall be

computed at the rate of ten cents ($0.10) per bushel for net worth

purposes. In case of a net worth deficiency, the warehouseman shall

furnish a surety bond or certificate of deposit in an amount equal

to such deficiency. The bond or certificate of deposit shall be

filed and made payable to the Board for the benefit of all persons

storing commodities with the applicant as a state-chartered

warehouseman. Insurable property owned by the warehouseman may only

be included in the net worth of the warehouse, provided it is

insured to at least eighty percent (80%) of its appraised value.

The Board may require a certified property appraisal provided by an

appraiser approved by the Board. If the net worth of the applicant

or charter holder is less than One Million Dollars ($1,000,000.00),

a financial statement shall be submitted annually. Financial

statements shall be prepared and submitted by an independent

certified public accountant, describing the current financial

position of the applicant, and include such other information

required by the Board. Corporate surety bonds shall be on a form

prescribed by the Board, on condition that the applicant will

fulfill all obligations as a warehouseman. The Board may require

the applicant or charter holder to provide a profit and loss

statement and an audited financial statement prepared by an

independent certified public accountant.

D. The bond, certificates of deposit, or irrevocable letter of

credit issued by a financial institution that is insured by the

Federal Deposit Insurance Corporation (FDIC) or chartered by the

farm credit system organized under the “Farm Credit Act of 1971”

shall be payable to the Board for the benefit of all persons storing

commodities with the applicant as a state-chartered warehouseman.

The amount of bond or certificates of deposit to be furnished for

each state-chartered warehouse shall be fixed at a rate of twenty-

five cents ($0.25) per bushel of chartered capacity, provided that

the amount of the bond or certificates of deposit shall be not less

than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred

Thousand Dollars ($500,000.00). The chartered capacity shall be the

maximum number of bushels of commodities that the warehouse may

accommodate. Depositors, including producers, suffering a loss due

to a violation of any of the terms of the Public Warehouse and

Commodity Indemnity Act may recover such loss up to the amount of

the bond or certificates of deposit, and claims therefor may be

instituted with the Board by such person. Each state charter issued

pursuant to the provisions of this section shall be for the life of

the person. Such state charter may be suspended, revoked or denied

by the Board, after notice by registered mail and an opportunity to

Oklahoma Statutes - Title 2. Agriculture Page 431

be heard has been given, for a failure to maintain the financial

status required or adequate insurance on all commodities received in

store, or received for storage or for handling for restorage, or for

a violation of any of the provisions of the Public Warehouse and

Commodity Indemnity Act or of any rule of the Board adopted pursuant

thereto. Upon evidence of just and good cause, such state charter

may be temporarily suspended without a hearing, for a period of not

to exceed thirty (30) days. Whenever a state charter is suspended

or revoked, the Board shall immediately give notice thereof, by

registered United States mail, to the holder of such charter, who

may, within twenty (20) days after receipt of such notice, appeal to

the district court of Oklahoma County. The district court, after a

full hearing, shall make an order either sustaining the action of

the Board or reinstating the charter.

E. Upon cancellation of the bond, all indemnifications held by

the bonding company shall be released to the warehouseman following

the second consecutive satisfactory inspection or examination by the

Board.
Okla. Stat. tit. 2, § 2-4019 — OK Code / Title 2 / Section 2-4019
Oklahoma State University Veterinary Medicine Trust
Status: in_force

A. The State of Oklahoma expressly approves the creation of a

public trust to be named the "Oklahoma State University Veterinary

Medical Trust", of which the State of Oklahoma shall be the

beneficiary, provided such approval shall be contingent upon

satisfaction of the following conditions:

1. Finalizing of the declaration of trust;

2. Adoption of the declaration of trust by an official action

of the trustees of the Trust;

3. Submission of the Trust for acceptance of the beneficial

interest and approval as required by Section 177 of Title 60 of the

Oklahoma Statutes; and

4. The approved declaration of trust shall:

a. clearly state that the principal purpose of the

Oklahoma State University Veterinary Medical Trust is

to effectuate the purposes of the Oklahoma State

University Veterinary Medicine Authority as

established in the Oklahoma State University

Veterinary Medicine Authority Act,

b. except as otherwise provided by law, provide that the

title to real property held by the Oklahoma State

University Veterinary Medicine Authority shall not be

transferred, conveyed, or assigned to the Oklahoma

State University Veterinary Medical Trust without the

express consent of the Legislature as the governing

entity of the beneficiary pursuant to Section 176 of

Title 60 of the Oklahoma Statutes,

c. provide that any indebtedness incurred by the Oklahoma

State University Veterinary Medical Trust or the

trustees of the Trust shall not be secured with or

create a lien upon real property to which title is

held by the Oklahoma State University Veterinary

Medicine Authority and shall not involve the bonding

capacity of the Oklahoma State University Veterinary

Medicine Authority,

d. provide that the trust estate of the Oklahoma State

University Veterinary Medical Trust shall not include

fee simple title to real property owned by the

Oklahoma State University Veterinary Medicine

Authority,

e. clearly state that the creation of the Oklahoma State

University Veterinary Medical Trust shall not in any

way reduce, limit or interfere with the power granted

Oklahoma Statutes - Title 2. Agriculture Page 788

to the Oklahoma State University Veterinary Medicine

Authority in the Oklahoma State University Veterinary

Medicine Authority Act,

f. provide that any lease or contractual agreement

involving use of the real property to which title is

held by the Oklahoma State University Veterinary

Medicine Authority and any improvements thereto shall

contain a provision and covenants requiring the proper

maintenance and upkeep of the real property and

improvements,

g. provide that the trustees of the Oklahoma State

University Veterinary Medical Trust shall be the

acting members of the Oklahoma State University

Veterinary Medicine Authority as provided in the

Oklahoma State University Veterinary Medicine

Authority Act, and

h. provide that the trustees of the Oklahoma State

University Veterinary Medical Trust shall have the

duty to submit an annual report to the Governor, the

Speaker of the House of Representatives, and the

President Pro Tempore of the Senate. The report shall

be submitted by January 1 of each year and shall

include an account of all operations, actions of the

Trust, and an account of all revenue received and

disbursed by the Trust for the previous fiscal year.

The report shall also provide a complete accounting of

how the Trust meets its primary function of

effectuating the purposes of the Oklahoma State

University Veterinary Medicine Authority, as

established in the Oklahoma State University

Veterinary Medicine Authority Act.

B. The Oklahoma State University Veterinary Medical Trust shall

require any agreements which it enters into with any entity pursuant

to Section 22 of this act for the operations of facilities leased by

the Oklahoma State University Veterinary Medicine Authority to the

Trust to include, but not be limited to:

1. The inclusion of all the members of the Trust, representing

the State of Oklahoma in a governing committee;

2. Binding arbitration shall not be required by such agreements

for resolving issues under consideration by the governing committee;

and

3. Major decisions shall be resolved by the governing

committee, and approval of any major decision by the governing

committee must include the approval of a majority of the state

appointees and the approval of a majority of the private entity

appointees to the governing committee. Major decisions shall

include:

Oklahoma Statutes - Title 2. Agriculture Page 789

a. approval of the operating and capital budgets,

b. sale or disposition of assets over Two Hundred Fifty

Thousand Dollars ($250,000.00),

c. the termination, transfer, material addition, or

material diminution of animal medical services at the

Oklahoma State University Veterinary Hospital related

to and part of a teaching program of the Oklahoma

State University College of Veterinary Medicine, and

d. other major decisions as may be agreed upon by the

Trust and the private entity.

C. To the extent it is determined by legislative enactment that

the Trust has expended funds in contravention of its mission as set

forth in this section, the Trust shall remit, upon a thirty (30) day

written notice from the Oklahoma State University Veterinary

Medicine Authority, such sum or sums to the Oklahoma State

University Veterinary Medicine Authority.
Okla. Stat. tit. 2, § 2-5-61l — OK Code / Title 2 / Section 2-5-61l
Renumbered as § 14-42 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-748 — OK Code / Title 2 / Section 2-748
Renumbered as Section 16-40 of this title by Laws 2001, c
Status: in_force

113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-18-248 — OK Code / Title 2 / Section 2-18-248
Refund of fees
Status: in_force

A. Any sorghum producer subject to the assessment provided in

the Oklahoma Sorghum Resources Act may request a refund of the fees

so assessed, within sixty (60) days following the collection of the

fee. Any sorghum producer requesting a refund shall make

application to the Oklahoma Sorghum Commission for the refund of the

assessment. Along with the application, the sorghum producer shall

submit the evidence of payment of the fee and of the amount of

sorghum sold required by the Commission. The Commission may verify

the accuracy of the request for the refund.

B. Upon receipt of the application for a refund and evidence

required, the Commission shall refund the amount of the assessment

owed to the producer within thirty (30) days of the date the refund

request was received and the Commission received payment from the

first purchaser.
Okla. Stat. tit. 2, § 2-16-22 — OK Code / Title 2 / Section 2-16-22
Road crews to extinguish fires
Status: in_force

Every member of a road construction or maintenance crew, whether

employed by the State Highway Department or county commissioners of

any county, and every road contractor or subcontractor of the

Highway Department or county commissioners and their employees shall

keep all fires under control and confined to the right-of-way of any

state, county or public road, or highway on and adjacent to which

the crew, contractor, subcontractor, and employees are employed.
Okla. Stat. tit. 2, § 2-10-28 — OK Code / Title 2 / Section 2-10-28
Fees
Status: in_force

A fee not to exceed Two Dollars ($2.00) per entry at each

broiler show may be charged to all exhibitors. Exhibitors under the

age of eighteen (18) shall be permitted to exhibit without payment.
Okla. Stat. tit. 2, § 2-6-206 — OK Code / Title 2 / Section 2-6-206
Interference with persons engaged in official duties -
Status: in_force

Penalties.

Any person who forcibly assaults, resists, opposes, impedes,

intimidates, or interferes with any person while engaged in or on

account of the performance of his official duties under this act

shall be guilty of a felony and fined not more than Five Thousand

Dollars ($5,000.00) or imprisoned not more than three (3) years, or

both. Whoever, in the commission of any such acts, uses a deadly or

dangerous weapon shall be guilty of a felony and fined not more than

Ten Thousand Dollars ($10,000.00), or imprisoned not more than ten

(10) years, or both. Whoever kills any person while engaged in or

on account of the performance of his official duties under this act

shall be punished as provided under Section 691 of Title 21 of the

Oklahoma Statutes.
Okla. Stat. tit. 2, § 2-6-612 — OK Code / Title 2 / Section 2-6-612
Restraint by owner - Damages recoverable
Status: in_force

All feral swine shall be restrained by the owner at all times

and seasons of the year from running at large in this state. Any

damages caused by feral swine trespassing upon lands of another

shall be recovered in any manner provided by law.
Okla. Stat. tit. 2, § 2-7-22 — OK Code / Title 2 / Section 2-7-22
Requirement of escrow account - Notice - Deposits -
Status: in_force

Commingling of monies.

A. 1. A dairy farmer from whom milk was purchased by a milk

processor may require the milk processor to establish an escrow

account for the benefit of the dairy farmer for the payment of the

purchase price of milk as specified in paragraph 2 of this

subsection.

2. A dairy farmer may require the milk processor to establish

an escrow account only if:

a. the dairy farmer has not received payment of the

purchase price for the milk and has given written

notice by certified mail, return receipt requested, to

the milk processor within thirty (30) days following

the final date the payment is due, or

b. a payment instrument received by the dairy farmer from

the milk processor has been dishonored and the dairy

farmer has given written notice by certified mail,

return receipt requested, to the milk processor within

fifteen (15) business days after the notice of

dishonor was received.

3. The notice specified by subparagraphs a and b of paragraph 2

of this subsection shall require that an escrow account be

established and that the payment received from the sale of any milk

Oklahoma Statutes - Title 2. Agriculture Page 370

or dairy product as specified in subsection B of this section be

deposited in the escrow account until the dairy farmer has received

full payment of the purchase price for the milk.

B. 1. The milk processor shall deposit a share of all payments

received from the sale of milk or dairy products by the milk

processor which is equal to the amount of the milk sold by the dairy

farmer to the milk processor in proportion to the total amount of

milk purchased for the sale of the milk and dairy products by the

milk processor into the escrow account upon receipt. The payments

shall be deposited in the escrow account until the dairy farmer has

received full payment of the purchase price for the milk.

2. The escrow account shall be a segregated interest bearing

account and shall be established for the benefit of the dairy

farmer. Upon sufficient proof of identification, the escrow account

agent shall promptly pay to the dairy farmer any sum accumulated for

the benefit of the dairy farmer in the escrow account.

C. 1. If any milk processor is required to establish more than

one escrow account by operation of the provisions of this section,

then the monies accruing may all be commingled in a single account.

2. The commingled monies accumulated in the account shall be

distributed to each dairy farmer in the amount due to each.

3. If the commingled monies accumulated in the account are

insufficient to pay all the dairy farmers, the escrow account agent

shall distribute the monies so accumulated in proportion to the

current amount due each.

D. For the purposes of this section, the monies held by the

escrow account agent shall be the property of the dairy farmer, or

dairy farmers if the monies have been commingled, in the current

amount due to each or in proportion to the amount due each.
Okla. Stat. tit. 2, § 2-15-141 — OK Code / Title 2 / Section 2-15-141
Establishment of expositions and fairs
Status: in_force

For the purpose of cooperating with the development of

agricultural, mineral and industrial resources and the educational

facilities of the state, there may be established in all counties of

the State of Oklahoma agricultural and industrial expositions and

fairs, in the manner provided pursuant to Sections 15-142 through

15-147 of this title.
Okla. Stat. tit. 2, § 2-15-121 — OK Code / Title 2 / Section 2-15-121
Accounts – Disbursements
Status: in_force

A. The county treasurer shall set up two accounts of funds in

the name of the exposition and free fair:

1. One account shall be designated as “tax account”. The ad

valorem taxes herein authorized to be appropriated pursuant to this

section when collected shall be credited to the account; and

2. The other account shall be designated “miscellaneous revenue

account”. Miscellaneous revenue shall include ticket sales and

exposition space sales authorized to be collected pursuant to this

section and any other revenue not derived from taxes shall be

credited to the miscellaneous revenue account, when paid to such

treasurer.

B. 1. All disbursement of funds from the tax account of the

agricultural and industrial exposition and fair, except as otherwise

provided for in this section and as otherwise provided by law

governing the general funds of said county, shall be made upon

sworn, itemized claims allowed by the board of directors and the

Oklahoma Statutes - Title 2. Agriculture Page 569

board of county commissioners in the same manner as other county

claims; and

2. Disbursement of funds from the miscellaneous revenue account

shall be made in cash voucher claims allowed by the secretary of the

board of directors.

C. Such claims shall be itemized and sworn to by claimants, and

when allowed by the secretary of the board of directors, shall be

filed with the county clerk of the county whose duty it shall be to

forthwith issue a cash voucher to the county treasurer directing him

or her to pay the claim out of the cash on hand and to the credit of

such agricultural and industrial exposition and fair. No cash

voucher claim shall be allowed nor filed and no cash voucher issued

in payment thereof in excess of the cash actually on hand and in the

possession of the county treasurer at the time of presentation for

payment. No contract, debt nor obligation authorized or created by

the board of directors in excess of the income realized shall be

valid.

D. Premiums and prizes may be paid in cash immediately from the

cash receipts of the fair without first being deposited with the

county treasurer, in which event such payments must be itemized

separately and distinctly in the annual account as a premium or

prize paid with cash from current receipts.
Okla. Stat. tit. 2, § 2-20-42 — OK Code / Title 2 / Section 2-20-42
Rulemaking and employing authority
Status: in_force

The State Board of Agriculture is authorized to promulgate rules

for the administration, implementation, and enforcement of the

Oklahoma Concentrated Animal Feeding Operations Act. For the

performance of its duties and responsibilities, the Board is

authorized to employ such personnel and agents as may be required

with the funds available.
Okla. Stat. tit. 2, § 2-157.3 — OK Code / Title 2 / Section 2-157.3
Renumbered as § 15-143 of this title by Laws 2001, c
Status: in_force

146, § 271, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-17-5 — OK Code / Title 2 / Section 2-17-5
Purposes and objects for which associations may be
Status: in_force

organized.

An association may be organized pursuant to the Cooperative

Marketing Association Act to engage in any activity in connection

with:

1. The marketing or selling of agricultural products;

2. The harvesting, preserving, drying, processing, blending,

canning, packing, grading, storing, warehousing, handling, shipping,

or utilizing of agricultural products;

3. The manufacturing, marketing, selling or supplying of the

byproducts thereof;

4. The manufacturing, selling, or supplying of machinery,

equipment, feed, fertilizer, seeds, or buying and selling oil,

gasoline, or other supplies;

5. The financing of any of the enumerated activities specified

by this section;

6. The performing or furnishing business or educational

services on a cooperative basis for those engaged in agriculture as

bona fide producers of agricultural products; or

7. Any one or more of the activities specified in this section.
Okla. Stat. tit. 2, § 2-15-126 — OK Code / Title 2 / Section 2-15-126
Use of grounds for charitable, religious, patriotic or
Status: in_force

eleemosynary purposes.

Oklahoma Statutes - Title 2. Agriculture Page 572

The board of directors may permit the free use of the

fairgrounds or any of its facilities for entertainments, exhibitions

or displays of interest to the public where no admission is charged

if the proceeds thereof are wholly for charitable, religious,

patriotic or eleemosynary purposes.
Okla. Stat. tit. 2, § 2-3-82B — OK Code / Title 2 / Section 2-3-82B
Certification standards for licensing — Renewal
Status: in_force

A. An applicator's license shall be issued only after

satisfactory completion of the certification standards by the person

who shall be the certified applicator under the license. Temporary

certified applicators do not qualify as the certified applicator for

a license, nor may they act as a certified applicator. The Board

shall deny the application for certification, recertification,

issuance, or renewal of a certificate or license for a failure to

show proper qualification under the rules or for violations of any

provisions of this section. A certificate in any category shall be

valid for five (5) years unless suspended, canceled, or revoked by

the Board or until recertification is required for the category, and

may be renewed after successful completion of recertification

Oklahoma Statutes - Title 2. Agriculture Page 121

requirements. The Board may require certified applicators to be

recertified once in a five-year period.

B. A certified service technician identification shall be

issued upon application and completion of certification standards

determined by the Board. Temporary certified applicators may

qualify as a certified service technician. No person shall act, do

business as, or advertise as a service technician unless the person

has met all the qualifications and standards as required by the

Board. The service technicians' identification shall be issued in

the name of the licensed entity. The licensee shall ensure that the

service technician identification is returned to the Board upon

termination of the employee. A service technician identification

shall be valid for a period of five (5) years unless suspended,

canceled, or revoked by the Board, until recertification is required

by the Board, or until the service technician leaves the employ of

the licensed entity. The Oklahoma Department of Agriculture, Food,

and Forestry may issue a service technician identification upon

completion of the following:

1. A determination is made by the Department that the applicant

has successfully completed the written examination;

2. The licensed entity provides a completed service technician

identification application form at the time of testing; and

3. All appropriate fees are paid at the time of testing.

C. Each license, except for private applicators, shall expire

on dates established by the Department in administrative rules and

may be renewed for the ensuing calendar year, without penalty or

reexamination, if a properly completed application is filed with the

Board on a date established by the Department. If the application

is not received by the due date, a penalty of twice the amount of

the renewal fee shall be charged for renewal of the license. If the

application is not received within thirty (30) days following the

due date, an additional one-hundred-dollar penalty shall be paid

prior to license renewal. All private applicator licenses are in

effect for five (5) years and may be renewed by application after

completion of a continuing education program or written exam

approved by the Board.
Okla. Stat. tit. 2, § 2-3021 — OK Code / Title 2 / Section 2-3021
Renumbered as § 5-111 of this title by Laws 2001, c. 146,
Status: in_force

§ 264, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-3-81 — OK Code / Title 2 / Section 2-3-81
Definitions
Status: in_force

As used in the Combined Pesticide Law:

1. "Aircraft" means any contrivance used or designed for

navigation of or flight in the air over land or water and is

designed for or adaptable for use in applying pesticides as sprays,

dusts, or other forms;

2. "Active ingredient" means an ingredient, which defoliates

plants, prevents fruit drop, inhibits sprouting, or destroys,

repels, or mitigates insects, fungi, bacteria, rodents, weeds, or

other pests;

3. "Adulterated" means and includes any pesticide if the

pesticide strength or purity falls below the professed standard of

quality as expressed on labeling or under which it is sold, or if

any substance has been substituted wholly or in part for the

components of the pesticide, or if any valuable constituent of the

components of the pesticide has been wholly or in part abstracted;

4. "Antidote" means the most practical immediate treatment in

case of poisoning and includes but is not limited to first aid

treatment;

5. "Business location" means any place, site, or facility

maintained by a commercial or noncommercial applicator where

records, including but not limited to, financial statements,

payroll, insurance, and personnel documents are maintained,

pesticides are stored, or customers are served. A location serving

strictly as a telephone answering service shall not be considered a

business location;

6. "Certificate" means a written document issued to an

individual by the State Board of Agriculture which indicates that

the individual has met the certification standards established by

the Combined Pesticide Law for the category of pesticide application

shown on the certificate. A certificate does not allow a person to

do work as a commercial, noncommercial, service technician, or

private applicator unless employed by a licensed entity or has a

valid license issued by the Board;

Oklahoma Statutes - Title 2. Agriculture Page 114

7. "Certification standards" means the standards that a person

shall meet to become a certified applicator;

8. "Certified applicator" means a person who has met the

certification standards;

9. "Commercial application" means the advertising of services,

recommendation for use, the preparation for application, or the

physical act of applying a pesticide or employment of a device for

hire or compensation;

10. "Commercial applicator" means any person engaging in the

commercial application of pesticides or commercial employment of

devices. Any farmer while working for a neighbor in agricultural

production, not advertising, and not held out to be in the business

of applying restricted-use pesticides, shall not be classified by

the Board as a commercial applicator;

11. "Contract" means a binding, written agreement between two

or more persons spelling out terms and conditions and includes, but

is not limited to, warranties or guarantees for pesticide

application. For structural pest control applications, the contract

shall also include a statement, plat, or diagram showing all

locations of visible termites and termite damaged materials which

are observed, and how the application was performed;

12. "Defoliant" means any pesticide intended to cause the

leaves or foliage to drop from a plant, with or without causing

abscission;

13. "Desiccant" means any pesticide intended to artificially

accelerate the drying of plant tissues;

14. "Device" means any instrument subject to the United States

Environmental Protection Agency regulation intended for trapping,

destroying, repelling, or mitigating insects or rodents, or

mitigating fungi, bacteria, or weeds, or other pests designated by

the Board, but not including equipment used for the application of

pesticides when sold separately;

15. "Direct supervision" means that the certified applicator is

responsible for assuring that persons working, subject to direct

supervision, are qualified to handle pesticides and are instructed

in the application of the specific pesticides used in each

particular application conducted which is subject to their

supervision. Certified applicators shall be accessible to the

noncertified applicator at all times during the application of the

pesticide by telephone, radio, or any device approved by the Board;

16. "Fungi" means all nonchlorophyll-bearing thallophytes,

including, but not limited to, rusts, smuts, mildews, molds, yeasts,

and bacteria, except those on humans or animals;

17. "Fungicide" means any pesticide intended for preventing,

destroying, repelling, or mitigating any fungi or bacteria;

18. "Ground equipment" means any machine, equipment, or device

other than aircraft designed for use, adaptable for use, or used on

Oklahoma Statutes - Title 2. Agriculture Page 115

land or water in applying pesticides as sprays, dusts, aerosols,

fogs, or other forms;

19. "Herbicide" means any pesticide intended for preventing,

destroying, repelling, desiccating, or mitigating any weed, or for

defoliating plants, preventing fruitdrop, and inhibiting sprouting;

20. "Inert ingredient" means an ingredient, which is not an

active ingredient;

21. "Ingredient statement" means a statement containing the

name and percentage of each active ingredient, and the total

percentage of all inert ingredients in the pesticide. If the

pesticide contains arsenic in any form, the percentages of total and

water-soluble arsenic shall each be calculated as elemental arsenic;

22. "Insect" means any of the numerous small invertebrate six-

legged animals generally having the body more or less obviously

segmented, many belonging to the class Insecta, including, but not

limited to, beetles, bugs, and flies as well as allied classes of

arthropods including spiders, mites, ticks, centipedes, and wood

lice;

23. "Insecticide" means any pesticide intended for preventing,

destroying, repelling, or mitigating any insects which may be

present in any environment;

24. "Label" means the written, printed, or graphic matter

attached to the pesticide, device, or container including the

outside container or wrapper of the retail package of the pesticide

or device;

25. "Labeling" means all labels and other written, printed, or

graphic material:

a. upon the pesticide, device, or any of its containers

or wrappers,

b. accompanying the pesticide or device at any time, or

c. to which reference is made on the label or in

literature accompanying the pesticide or device except

when accurate, nonmisleading reference is made to

current official publications of the United States

Environmental Protection Agency, United States

Department of Agriculture, United States Department of

the Interior, the United States Public Health Service,

State Experiment Stations, State Agricultural

Colleges, or other federal institutions or official

agencies of this state or other states authorized by

law to conduct research in the field of pesticides;

26. "License" means a written document issued to a person by

the Board which shows that the person has met all established

licensing requirements established by the Combined Pesticide Law and

who is authorized to apply pesticides as a commercial,

noncommercial, or private applicator pursuant to the license issued;

Oklahoma Statutes - Title 2. Agriculture Page 116

27. "Minimum standards" means the measures prescribed by the

Board to bring appropriate pesticide services to the public;

28. "Misbranded" means and includes:

a. any pesticide or device if its labeling bears any

statement, design, or graphic representation relative

to its ingredients which is false or misleading, or

b. any pesticide or device:

(1) if it is an imitation of or is offered for sale

under the name of another pesticide or device,

(2) if its labeling bears any reference to

registration under the Combined Pesticide Law,

(3) if the labeling accompanying it does not contain

instructions for use which are necessary and, if

complied with, adequate for the protection of the

public,

(4) if the label does not contain a warning or

caution statement which may be necessary and, if

complied with, adequate to prevent injury to

humans and vertebrate animals,

(5) if the label does not bear an ingredient

statement on that part of the immediate container

and on the outside container or wrapper, if there

is one, through which the ingredient statement on

the immediate container cannot be clearly read,

of the retail package which is presented or

displayed under customary conditions of purchase,

(6) if any word, statement, or other information

required by or under the authority of the

Combined Pesticide Law to appear on the labeling

is not prominently placed with conspicuousness,

as compared with other words, statements,

designees, or graphic matter in the labeling, and

in terms likely to be read and understood by an

individual under customary conditions of purchase

and use, or

(7) if in the case of an insecticide, fungicide, or

herbicide, when used as directed or in accordance

with commonly recognized practice, it shall be

injurious to humans, vertebrate animals, or

vegetation, except weeds, to which it is applied,

or to the person applying the pesticide;

29. "Noncommercial applicator" means any person, other than a

commercial or private applicator, who uses or supervises the use of

a restricted-use pesticide. The noncommercial applicator shall be

under the supervision of an owner or manager of property and who is

certified in the same manner as a commercial applicator. A

noncommercial applicator is subject to all requirements except those

Oklahoma Statutes - Title 2. Agriculture Page 117

pertaining to financial responsibility. Noncommercial applicator

includes a government employee applying restricted-use pesticides in

the discharge of official duties;

30. "Nonrestricted-use pesticide" means any pesticide, other

than a pesticide classified as restricted-use pesticide;

31. "Nonrestricted-use pesticide dealer" means any person

engaged in the sale, storage, or distribution of any pesticide other

than those pesticides classified by the United States Environmental

Protection Agency or the Board as restricted-use pesticides;

32. "Permit" means a written document issued by the Board which

shows that a person has met all of the permitting requirements

established by the Combined Pesticide Law and is authorized to sell

pesticides as a restricted-use or nonrestricted-use pesticide dealer

in accordance with the type of permit issued;

33. "Pest" means any organism harmful to man including, but not

limited to, insects, mites, nematodes, weeds, and pathogenic

organisms. Pathogenic organisms include viruses, mycoplasma,

bacteria, rickettsia, and fungi which the Board declares to be a

pest;

34. "Pesticide" means a substance or mixture of substances

intended for defoliating or desiccating plants, preventing

fruitdrop, inhibiting sprouting, or for preventing, destroying,

repelling, or mitigating any insects, rodents, fungi, bacteria,

weeds, or other forms of plant or animal life or viruses, which the

Board declares to be a pest, except viruses on or in humans or

animals;

35. "Private applicator" means any person who uses or

supervises the use of any restricted pesticide for purposes of

producing any agricultural commodity on property owned or rented by

the person, or employer, or on the property of another person if

applied without compensation other than trading of personal services

between producers of agricultural commodities;

36. "Registrant" means the person registering any pesticide or

device pursuant to the provisions of the Combined Pesticide Law;

37. "Restricted-use pesticide" means any pesticide classified

for restricted use by the United States Environmental Protection

Agency, either by regulation or through the registration process, or

by the Board pursuant to the Oklahoma Agricultural Code;

38. "Restricted-use pesticide dealer" means any person engaged

in the sale, storage, or distribution of restricted-use pesticides;

39. "Rodenticide" means any pesticide intended for preventing,

destroying, repelling, or mitigating rodents or any other animal

which the Board declares a pest;

40. "Service technician" means a person employed by a licensed

commercial or noncommercial applicator who applies the pesticide or

employs a device, but is not a certified applicator. A service

Oklahoma Statutes - Title 2. Agriculture Page 118

technician or certified applicator shall be present at each

application performed;

41. "Temporary certified applicator" means a person who has

successfully completed the written examinations required for

certification but has not successfully completed the practical

examination;

42. "Use" means transportation, storage, mixing, application,

safe handling, waste and container disposal, and other specific

instructions contained on the label and labeling;

43. "Weed" means any plant or plant part which grows where not

wanted; and

44. "Wood infestation report" means a document issued with a

property transaction which shall, at a minimum, contain statements

or certifications as to the presence or absence of termites and any

other wood destroying insects, and the presence or absence of

damage. The wood infestation report does not include a bid or

proposal for treatment.
Okla. Stat. tit. 2, § 2-1301-308 — OK Code / Title 2 / Section 2-1301-308
Renumbered as Section 16-58 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 763
Okla. Stat. tit. 2, § 2-15-144 — OK Code / Title 2 / Section 2-15-144
Membership - Qualifications and terms - Vacancies
Status: in_force

A. The Trust Authority shall be composed of from nine to

twenty-one trustees, to be determined by the board of county

commissioners in multiples of three. Each county commissioner shall

appoint the same number of trustees for three-year terms and such

terms shall be staggered, all subject to confirmation by the board

of county commissioners.

B. It is the legislative intent that the appointment of

trustees made by the commissioners, insofar as possible, shall

represent the full geographical area of the county and all areas of

participation in the fair and fairground operations. As soon as

practicable after the act becomes in force and effect, the board of

county commissioners of any such county shall appoint the trustees

of the Trust Authority as provided in this subsection, and the terms

of such trustees shall be as follows:

1. The first one-third of said trustees appointed shall serve

for an initial term of one (1) year each from the date of their

appointment;

Oklahoma Statutes - Title 2. Agriculture Page 574

2. The next one-third of said trustees shall serve for an

initial term of two (2) years from the date of their appointment;

and

3. The next one-third of said trustees shall serve for an

initial term of three (3) years from the date of their appointment.

C. After expiration of the initial terms, the term of said

trustees shall be three (3) years.

D. All trustees of the Trust Authority shall serve as such

without compensation, and the appointed trustees shall hold no other

municipal, county, state or federal elective office.

E. A vacancy occurring other than through the expiration of a

term shall be filled for the remainder of the unexpired term by the

commissioner who made the appointment that becomes vacant.
Okla. Stat. tit. 2, § 2-1761 — OK Code / Title 2 / Section 2-1761
Renumbered as § 5-81 of this title by Laws 2001, c. 146, §
Status: in_force

258, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-505 — OK Code / Title 2 / Section 2-6-505
Application and licensing process, rules – Application
Status: in_force

form – Confinement of farmed cervidae - Inspections - Export of

cervidae.

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

shall promulgate rules regarding the application and licensing

process, including but not limited to:

1. The expiration date of a farmed cervidae facility license:

a. the license shall expire on June 30 of each calendar

year, and the renewal application shall be submitted

no later than April 1 of each calendar year,

b. any renewal application received or postmarked after

the renewal date shall be subject to a ten-percent

penalty in addition to the renewal fee,

c. in addition to the renewal application containing all

information from the initial license application other

than the information requirements of paragraphs 6, 7

and 8 of subsection C of Section 6-504 of this title,

the licensee shall submit a signed, complete,

accurate, and legible form with the following

information:

(1) the annual report containing all inventory

information for all cervidae one (1) year of age

or older, unless the facility is a Chronic

Oklahoma Statutes - Title 2. Agriculture Page 356

Wasting Disease monitored herd with a current

Chronic Wasting Disease inventory on file with

the Department,

(2) any changes to the facility or change in status

of convictions as required by paragraph 8 of

subsection C of Section 6-504 of this title since

the last renewal or original license application,

including, but not limited to:

(a) changes in contact information, and

(b) changes in perimeter fences, including

attaching an updated facility map indicating

any expansion, change in facility perimeter,

or any additional fencing, and

d. failure to renew a license by the expiration date

shall result in the facility being quarantined until

an administrative hearing can be conducted. The

failure may result in revocation of the license, loss

of the facility number, closure of the facility, and

removal of the cervidae from the premises;

2. Fees for farmed cervidae facility licenses and all renewals;

3. Procedures for the transfer of ownership:

a. the new owner or operator shall submit to the

Department a transfer application, attaching any

change of conditions resulting from the transfer of

ownership or operation,

b. after receipt of the information required, the

Department shall review the information, and within

thirty (30) days, issue approval or denial of the

transfer. Transfer of a license shall be denied only

if the new owner or operator cannot comply with the

requirements of transfer, and

c. if a transfer is denied, written notification of the

denial and an opportunity for an administrative

hearing on the denial shall be given to the applicant

for a transfer license by the Department. The

notification shall set forth the reasons for the

denial, steps necessary to meet the requirements for a

transfer license and the opportunity for the applicant

to request an administrative hearing;

4. Recordkeeping requirements:

a. all required records shall be kept by the owner or

operator for a maximum of three (3) years, and

b. the following records shall be maintained at the

facility:

(1) records of all cervidae sold, killed, given away,

transported, or shipped from a farmed cervidae

facility,

Oklahoma Statutes - Title 2. Agriculture Page 357

(2) proof that the cervidae are from a legal source

and records kept and animals marked to identify

individual animals,

(3) the Chronic Wasting Disease inventory or an

inventory of cervidae one (1) year of age or

older containing the following information:

(a) name and address of the farmed cervidae

facility, the owner, and the operator,

(b) a listing of any and all identification

numbers assigned to the cervidae by the

owner or operator and any other official

entity using either any official

identification approved by the Department or

United States Department of Agriculture

alphanumeric test tag number or official

Canadian alphanumeric test tag number, if

applicable,

(c) age,

(d) sex,

(e) date of purchase,

(f) date of death or date of change of

ownership,

(g) any cervidae born at the facility that are

one (1) year of age or older shall be shown

on the inventory record, or upon sale or

transfer of ownership or upon leaving the

facility, whichever comes first, and

(h) date the inventory was completed, and

(4) herd and individual animal health documents,

including, but not limited to, the Certificate of

Veterinary Inspection and test results;

5. Importation requirements:

a. import of cervidae originating in any county or

Canadian province where Chronic Wasting Disease exists

in free-ranging native herds shall be prohibited,

except the State Veterinarian may allow an import from

a Canadian province with Chronic Wasting Disease after

notification to the Oklahoma Department of Wildlife

Conservation and based on a review of the following

factors:

(1) distance of the farmed cervidae facility from the

Chronic Wasting Disease area,

(2) the existence of double fencing between the

farmed cervidae facility and free-ranging native

herds,

(3) farmed cervidae facility biosecurity measures,

Oklahoma Statutes - Title 2. Agriculture Page 358

(4) participation of the farmed cervidae facility in

any Canadian Chronic Wasting Disease herd

certification programs, and

(5) any other relevant factors,

b. all other cervidae imports shall only be from a source

herd that is in a Chronic Wasting Disease surveillance

and certification program for a minimum of five (5)

years monitored and the program meets the standards of

cervidae importation into Oklahoma,

c. import of cervidae shall be accompanied by a

Certificate of Veterinary Inspection and an approved

Cervidae Import Permit, and

d. import of cervidae shall follow all other disease

testing required by the Oklahoma Statutes or rules

promulgated by the Department;

6. Animal identification requirements;

7. Fencing requirements and limits on the size of licensed

facilities, including:

a. the owner or operator shall ensure that farmed

cervidae are confined to the lands described in the

application,

b. the perimeter of each farmed cervidae facility shall

be an eight-foot game or high tensile fence designed

in a manner to prevent ingress and egress of cervidae,

c. damage caused to a farmed cervidae facility perimeter

fence by a natural disaster shall not constitute a

violation so long as the owner or operator begins any

necessary repairs immediately upon discovery, acts

expeditiously in the opinion of the Department to

complete any necessary repairs, and reports the extent

and cause of any damage to the Department within two

(2) working days of discovery,

d. the owner or operator shall notify the Department

within two (2) working days of discovery of any wild

cervidae within the farmed cervidae facility,

e. the owner or operator shall provide each farmed

cervidae with adequate water, adequate feed, and

appropriate natural or manmade shelter, and

f. facility size shall be limited to the largest

practicable area to ensure no native or wild cervidae

are within the confines of the facility. Limitations

on facility size may include but not be limited to

geography and topography of the property; and

8. Flushing procedures prepared with the input from the

Department of Wildlife Conservation to ensure no native cervidae

remain in a newly established licensed enclosure.

Oklahoma Statutes - Title 2. Agriculture Page 359

B. Any application for a farmed cervidae license shall be on a

form prescribed by the Oklahoma Department of Agriculture, Food, and

Forestry.

C. All farmed cervidae shall be confined to the lands described

in the application for a specific facility and in a manner to

prohibit:

1. Native cervidae from becoming part of a licensed farmed

cervidae facility; and

2. Farmed cervidae from commingling with native cervidae.

D. When practicable the initial or annual inspection shall be

coordinated with the owner or operator. In no case shall access by

the Department be restricted in the event coordination does not

occur.

E. The Department and the Department of Wildlife Conservation

may coordinate and conduct inspections or investigations jointly.

F. Export of cervidae originating in any Oklahoma county where

Chronic Wasting Disease exists in free-ranging native herds shall be

allowed if exported from a monitored facility that is not

quarantined.
Okla. Stat. tit. 2, § 2-4003 — OK Code / Title 2 / Section 2-4003
Purpose — Legislative findings
Status: in_force

A. The purposes of the Oklahoma State University Veterinary

Medicine Authority Act are to provide for an effective and efficient

administration, to ensure a dependable source of funding, and to

effectuate the mission and purposes of the Oklahoma State University

Veterinary Medicine Authority. The mission and purposes of the

Oklahoma State University Veterinary Medicine Authority are to

support and upon a declaration of necessity, to serve as teaching

and training facilities for students enrolled at the Oklahoma State

University College of Veterinary Medicine, upon a declaration of

necessity, to acquire and provide a site for conducting veterinary

medical and biomedical research by faculty members of Oklahoma State

University, to facilitate and upon a declaration of necessity, to

provide care for the animal patients of Oklahoma State University

College of Veterinary Medicine veterinarian trainers and upon a

declaration of necessity to provide support or the safety of the

public related to animal disease and testing. The Oklahoma State

University Veterinary Medicine Authority shall maintain a close

affiliation with the Oklahoma State University College of Veterinary

Medicine and shall coordinate their operations and activities in a

cooperative manner.

B. The Legislature finds that the needs of the citizens of this

state and the needs of the Oklahoma State University College of

Veterinary Medicine will be best served by an Authority charged with

the mission of supporting the Veterinary Medicine Education programs

of the Oklahoma State University College of Veterinary Medicine,

entering into academic affiliation agreements in support of Oklahoma

State University veterinarian training programs, operating or

leasing the operations of the teaching animal hospital or hospitals

for the benefit of the Oklahoma State University College of

Veterinary Medicine and providing care for the animal patients of

Oklahoma State University veterinarian trainers.

C. The Board of Regents for the Oklahoma Agricultural and

Mechanical Colleges shall retain full power to govern the personnel,

Oklahoma Statutes - Title 2. Agriculture Page 776

curriculum, and facilities of the Oklahoma State University College

of Veterinary Medicine.
Okla. Stat. tit. 2, § 2-16-6 — OK Code / Title 2 / Section 2-16-6
Interfering with, molesting or assaulting firefighters -
Status: in_force

Penalty.

Any person or persons acting in concert who knowingly and

willfully interfere with, molest, or assault forest rangers or

firefighters in the performance of their duties, or who knowingly

and willfully obstruct, interfere with, or impede the progress of

forest rangers or firefighters to reach the destination of a fire,

or who damage or destroy any vehicles or equipment used to reach or

extinguish a fire shall be guilty of a Class D3 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 2, § 2-31 — OK Code / Title 2 / Section 2-31
Renumbered as § 15-1 of this title by Laws 2001, c. 146, §
Status: in_force

267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-9-42 — OK Code / Title 2 / Section 2-9-42
Oklahoma Commodity Storage Indemnity Fund - Creation
Status: in_force

There is hereby created within the State Department of

Agriculture, the "Oklahoma Commodity Storage Indemnity Fund".