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

A. 1. All licensed managed feeding operations shall utilize

Best Management Practices meeting the conditions and requirements

established by subsection B of this section and by rules promulgated

by the State Board of Agriculture pursuant to the Oklahoma Swine

Feeding Operations Act.

2. Swine feeding operations licensed pursuant to the provisions

of the Oklahoma Swine Feeding Operations Act other than licensed

managed feeding operations shall utilize Best Management Practices,

or may substitute for best management practice equivalent measures

contained in a site-specific Swine Waste Management Plan meeting the

conditions and requirements established by subsection C of this

Oklahoma Statutes - Title 2. Agriculture Page 691

section and by rules promulgated by the Board pursuant to the

Oklahoma Swine Feeding Operations Act.

B. The criteria for Best Management Practices shall be

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

economic conditions, opportunities and constraints and shall

include, but not be limited to, the following:

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

of the state except in accordance with the provisions of the

Oklahoma Swine Feeding Operations Act;

2. Swine waste shall be isolated from outside surface drainage

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

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

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

the swine confined on the swine feeding operation;

4. Swine waste handling, treatment, management and removal

shall:

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

b. not result in the contamination of public or private

drinking water supplies,

c. conform with Oklahoma Water Quality Standards,

d. comply with the Odor Abatement Plan for licensed

managed feeding operations and shall not otherwise

create unnecessary and unreasonable odors. Odors are

unnecessary and unreasonable if odors may be reduced

by more efficient management practices at a reasonable

expense,

e. not violate any state or federal laws relating to

endangered or threatened species of plant, fish or

wildlife, or to migratory birds,

f. conform to the Pest Management Plans for licensed

managed feeding operations as required by rules

promulgated by the State Board of Agriculture,

g. conform to such other handling, treatment and

management and removal requirements deemed necessary

by the Oklahoma Department of Agriculture, Food, and

Forestry to implement the Oklahoma Swine Feeding

Operations Act and rules promulgated pursuant thereto,

and

h. ensure that watersheds and groundwater are adequately

protected;

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

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

make immediate notification to the Department. The report of the

discharge shall include:

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

description of the flow path to the receiving water

body,

Oklahoma Statutes - Title 2. Agriculture Page 692

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

c. the period of discharge, including exact dates and

times, and if not already corrected, the anticipated

time the discharge is expected to continue,

d. steps taken to reduce, eliminate and prevent

recurrence of the discharge, and

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

biochemical oxygen demand (BOD5), total suspended

solids (TSS), ammonia nitrogen, total Kjeldahl

nitrogen (TKN), any pesticides which the operator has

reason to believe could be in the discharge, or other

parameters as required by the Department which the

Department has reason to believe could be in the

discharge;

6. Notwithstanding the provisions of paragraph 5 of this

subsection, any spill that leaves the property owned or controlled

by the licensee shall be reported to the Department regardless of

total number of gallons spilled; and

7. The Department shall maintain records of all discharges and

shall separately maintain records of all spills.

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

1. Swine waste removal procedures;

2. Records of inspections of retention structures, including,

but not limited to, specific measurement of wastewater level;

3. All calculations in determining land application rates,

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

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

4. Requirements including that:

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

the nitrogen uptake of the crop coverage or

planned crop planting with any land application

of wastewater or manure. Where local water

quality is threatened by phosphorous, in no case

shall the applicant or licensee exceed the

application rates in the most current Natural

Resources Conservation Service publication titled

Waste Utilization Standard, and

(2) timing and rate of applications shall be in

response to crop needs, expected precipitation

and soil conditions,

b. land application practices shall be managed so as to

reduce or minimize:

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

waters of the state,

(2) contamination of waters of the state, and

(3) odor,

Oklahoma Statutes - Title 2. Agriculture Page 693

c. facilities including waste retention structures, waste

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

diversion and irrigation equipment shall be maintained

to ensure the ability to fully comply with the terms

of the Oklahoma Swine Feeding Operations Act, and

d. adequate equipment and land application area shall be

available for removal of waste and wastewater as

required to maintain the proper operating volume of

the retention structure; and

5. Other information deemed necessary by the Department to

administer the provisions of the Oklahoma Swine Feeding Operations

Act and rules promulgated pursuant thereto.

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

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

persons for disposal.

E. If the swine waste from a licensed managed feeding operation

is sold or given to other persons for land application or disposal,

the licensed managed feeding operation shall maintain a log of: date

of removal from the swine feeding operation; names of such other

persons; and amount, in wet tons, dry tons or cubic yards, of swine

waste removed from the swine feeding operation.

F. 1. If the swine waste is to be land applied by other

persons, a licensed managed feeding operation shall make available

to such other person the most current sample analysis of the swine

waste.

2. In addition, the licensed managed feeding operation shall

notify, in writing, any person to whom the swine waste is sold or

given of the land application disposal requirements for swine waste

as specified by the Oklahoma Swine Feeding Operations Act and rules

promulgated pursuant thereto.

3. Any person who obtains swine waste from a licensed managed

feeding operation for land application shall keep the following

records that shall be maintained for a period of three (3) years and

provided to the Department upon request:

a. a copy of the sample analysis of the swine waste

provided by the licensed managed feeding operation,

b. a copy of the written notification of requirements for

swine waste land application requirements provided by

the licensed managed feeding operation to the person

obtaining the swine waste,

c. current soil test results,

d. swine waste application records, rates, and date of

application, and

e. any other record required by the Department.

4. Any person who obtains swine waste from a licensed managed

feeding operation for land application shall certify to the

Department that the person agrees to accept the swine waste, has

Oklahoma Statutes - Title 2. Agriculture Page 694

knowledge of the law and rules regarding land application of swine

waste, and agrees to follow the law and rules regarding the land

application of swine waste.

G. Soils in areas in which swine waste is applied shall be

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

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

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

Department upon request by the Department. Such analysis shall be

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

in operation.

H. Every swine feeding operation licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act shall

develop a plan approved by the Department for the disposal of

carcasses associated with normal mortality.

1. Dead swine shall be disposed of in accordance with a carcass

disposal plan developed by the applicant or licensee and approved by

the Department.

2. The plan shall include provisions for the disposal of

carcasses associated with normal mortality, with emergency disposal

when a major disease outbreak or other emergency results in deaths

significantly higher than normal mortality rates and other

provisions which will provide for a decrease in the possibility of

the spread of disease and prevent the contamination of waters of the

state. The plan shall comply with rules promulgated by the

Department.
Okla. Stat. tit. 2, § 2-5-60.27 — OK Code / Title 2 / Section 2-5-60.27
Annual budget – Audits – Annual reports – State budget
Status: in_force

and expenditure limitations.

A. The commodity producers board shall provide the annual

budget to the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry.

B. Accounts of the board are subject to audit on a consistent

schedule as established in the organization's bylaws.

C. Within ninety (90) days following the end of each fiscal

year of the board, the board shall submit an annual report itemizing

all income and expenditures and describing all activities of the

board during the previous fiscal year to the Commissioner.

D. Funds collected by the commodity producers board pursuant to

the Oklahoma Agricultural Commodity Act or other statute authorizing

an assessment shall not be subject to state budget and expenditure

limitations. Such funds shall at no time become monies of the state

or become part of the general budget of the state. Debts or

obligations of the board shall not be construed to be debts or

obligations of this state.
Okla. Stat. tit. 2, § 2-8-77.12 — OK Code / Title 2 / Section 2-8-77.12
Misbranding
Status: in_force

No person shall distribute misbranded fertilizer. A fertilizer

shall be misbranded if:

1. Its labeling is false or misleading;

2. It is distributed under the name of another fertilizer

product; or

3. It is not labeled as required in Section 8-77.5 of Title 2

of the Oklahoma Statutes and rules promulgated by the State Board of

Agriculture.
Okla. Stat. tit. 2, § 2-15-63 — OK Code / Title 2 / Section 2-15-63
Stand rights and privileges - Charges for admission to
Status: in_force

entertainments - Entertainment expenses not to be defrayed from

money appropriated - Free access to exhibits.

The county fair association shall have exclusive rights to all

stand rights and privileges of township and county fairs. Admission

may be charged to any amusements or other forms of entertainment;

provided, that:

1. No money collected pursuant to this section, shall be used

to defray any expenses of costs of such amusements or entertainment;

and

2. Charging admission to the amusements does not interfere with

free access of the public to all exhibits.
Okla. Stat. tit. 2, § 2-1301-301 — OK Code / Title 2 / Section 2-1301-301
Renumbered as Section 16-51 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-5-61m — OK Code / Title 2 / Section 2-5-61m
Renumbered as § 14-43 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-8-41.1 — OK Code / Title 2 / Section 2-8-41.1
Short title
Status: in_force

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

Commercial Feed Law".
Okla. Stat. tit. 2, § 2-11-37 — OK Code / Title 2 / Section 2-11-37
Definitions
Status: in_force

As used in the Oklahoma Agriculture Biotechnology Act:

1. "Donor" means the organism from which genetic material is

obtained for transfer to the recipient organism;

2. "Environment" means all of the land, air, and water and any

organism that is living in association with these elements;

3. "Gene" means the unit of heredity within an organism;

4. "Genetic engineering" means the technology used to

manipulate or alter an organism's genetic material through

recombinant DNA or RNA techniques;

5. "Organisms" means any life stage form of microorganisms,

viruses, plants, invertebrate animals, such as insects, or

vertebrate animals, including livestock, which is capable of

supplying genetic materials or affecting the genetic expression of

another living entity;

6. "Permit" means a document issued by the Board authorizing a

person to maintain, manipulate, and/or release a regulated article

into the environment;

7. "Quarantine" means the isolation and/or safeguarding of an

organism to prevent it from becoming established in the environment;

8. "Recombinant DNA or RNA" means hybrid molecules constructed

outside or inside an organism by joining, deleting, or rearranging

natural or synthetic DNA (deoxyribonucleic acid) or RNA (ribonucleic

acid);

9. "Regulated article" means any organism altered or produced

through genetic engineering;

10. "Release into the environment" means the use of a regulated

article outside the constraints of physical confinement that are

found in a laboratory, greenhouse, or a fermenter or other contained

structure; and

Oklahoma Statutes - Title 2. Agriculture Page 498

11. "Vector or vector agent" means an organism or object used

to transfer genetic material from the donor organism to the

recipient organism.
Okla. Stat. tit. 2, § 2-161 — OK Code / Title 2 / Section 2-161
Renumbered as § 15-161 of this title by Laws 2001, c. 146,
Status: in_force

§ 272, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-261 — OK Code / Title 2 / Section 2-6-261
Products not intended for use as human food - Records -
Status: in_force

Brokers, renderers or manufacturers - Dead or diseased poultry.

A. Inspection shall not be provided under this act at any

establishment for the slaughter of poultry or the processing of any

carcasses or parts or products of poultry, which are not intended

for use as human food, but such articles shall, prior to their offer

for sale or transportation in intrastate commerce, be denatured or

otherwise identified as prescribed by regulations of the Board to

deter their use for human food. No person shall buy, sell,

transport, or offer for sale or transportation, or receive for

transportation, in intrastate commerce, any poultry carcasses or

parts or products thereof which are not intended for use as human

food unless they are denatured or otherwise identified as required

by the regulations of the Board or naturally inedible by humans.

B. The following classes of persons shall, for such period of

time as the Board may by regulations prescribe, not to exceed two

(2) years unless otherwise directed by the Board for good cause

shown, keep such records as are properly necessary for the effective

enforcement of this act in order to insure against adulterated or

misbranded poultry products for the American consumer; and all

persons subject to such requirements shall, at all reasonable times,

upon notice by a duly authorized representative of the Board, afford

such representative access to their places of business and

opportunity to examine the facilities, inventory, and records

thereof, to copy all such records, and to take reasonable samples of

their inventory upon payment of the fair market value therefor:

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

poultry or processing, freezing, packaging, or labeling any

carcasses, or parts or products of carcasses, of any poultry, for

intrastate commerce, for use as human food or animal food;

2. Any person that engages in the business of buying or

selling, as poultry products brokers, wholesalers, or otherwise, or

Oklahoma Statutes - Title 2. Agriculture Page 295

transporting, in intrastate commerce, or storing in or for

intrastate commerce, any carcasses, or parts or products of

carcasses, of any poultry;

3. Any person that engages in business, in or for intrastate

commerce, as a renderer, or engages in the business of buying,

selling, or transporting, in intrastate commerce, any dead, dying,

disabled, or diseased poultry or parts of the carcasses of any

poultry that died otherwise than by slaughter.

C. No person shall engage in business, in or for intrastate

commerce, as a poultry products broker, renderer, or animal food

manufacturer, or engage in business in intrastate commerce as a

wholesaler of any carcasses, or parts or products of the carcasses,

of any poultry, whether intended for human food or other purposes,

or engage in business as a public warehouseman storing any such

articles in or for intrastate commerce, or engage in the business of

buying, selling, or transporting in intrastate commerce any dead,

dying, disabled, or diseased poultry, or parts of the carcasses of

any poultry that died otherwise than by slaughter, unless, when

required by regulations of the Board, he has registered with the

Board his name and the address of each place of business at which,

and all trade names under which, he conducts such business.

D. No person engaged in the business of buying, selling, or

transporting in intrastate commerce, dead, dying, disabled or

diseased poultry, or any parts of the carcasses of any poultry that

dies otherwise than by slaughter, shall buy, sell, transport, offer

for sale or transportation, or receive for transportation in

intrastate commerce, any dead, dying, disabled, or diseased poultry

or parts of the carcasses of any poultry that died otherwise than by

slaughter, unless such transaction or transportation is made in

accordance with such regulations as the Board may prescribe toOklahoma Statutes - Title 2. Agriculture Page 12t

dies otherwise than by slaughter, shall buy, sell, transport, offer

for sale or transportation, or receive for transportation in

intrastate commerce, any dead, dying, disabled, or diseased poultry

or parts of the carcasses of any poultry that died otherwise than by

slaughter, unless such transaction or transportation is made in

accordance with such regulations as the Board may prescribe to

assure that such poultry, or the unwholesome parts or products

thereof, will be prevented from being used for human food.

E. Any person who violates the provisions of this section

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

shall be punished by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 2, § 2-2-4b — OK Code / Title 2 / Section 2-2-4b
Reciprocal agreements
Status: in_force

A. The Commissioner of the State Department of Agriculture may

enter into reciprocal agreements with:

1. A state agriculture agency or corresponding agency of

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

authorized to act on behalf of that department or agency having

jurisdiction affecting the importation, health, inspection,

investigation, control, prevention, and eradication of contagious

and infectious diseases of livestock; and

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

commission authorized to act on behalf of the other state relating

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

B. The Commissioner of the State Department of Agriculture

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

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

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

on behalf of such department or corresponding agency, maintain

actions in the courts of this state upon judgments and demands

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

that the actions by the Commissioner are authorized when arising in

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

maintained only in those cases where the other state by appropriate

legislation or by reciprocal agreement extends a like policy or

approach to cases arising in the state.
Okla. Stat. tit. 2, § 2-8-41.6 — OK Code / Title 2 / Section 2-8-41.6
Misbranding
Status: in_force

A commercial feed shall be misbranded if:

1. Its labeling is false or misleading in any particular;

2. It is distributed under the name of another commercial feed;

3. It is not labeled as required in Section 8-41.5 of this

title;

4. It purports to be or is represented as a commercial feed, or

if it purports to contain or is represented as containing a

commercial feed ingredient, unless the commercial feed or feed

ingredient conforms to the definition, if any, prescribed by the

State Board of Agriculture; and

5. Any word, statement, or other information required by this

subarticle to appear on the label or labeling is not prominently

placed with conspicuousness as compared with other words,

statements, designs, or devices in the labeling, and in terms likely

to be read and understood by the individual purchasing and using the

product.
Okla. Stat. tit. 2, § 2-10-9.23 — OK Code / Title 2 / Section 2-10-9.23
Report of educational activities - Evaluation of
Status: in_force

effectiveness of curriculum.

The Oklahoma Cooperative Extension Service shall provide to the

Secretary of the Environment no later than January 31 of each year a

written report of their educational activities involving poultry

operators and waste applicators pursuant to this act. This report

shall include, but not be limited to:

1. The number of operators and applicators enrolled in courses

required in the first year listed by county;

2. The number of operators successfully completing such courses

listed by county;

3. The number of operators and applicators enrolled in courses

required in subsequent years listed by county; and

4. The number of operators successfully completing such courses

listed by county.

The Secretary of the Environment shall use the data provided in this

report along with water quality monitoring and other environmental

data to evaluate the effectiveness of the curriculum offered. The

Secretary shall work in conjunction with the Oklahoma Cooperative

Extension Service to correct any course deficiencies identified in

the evaluation.
Okla. Stat. tit. 2, § 2-15-24 — OK Code / Title 2 / Section 2-15-24
Estimate and apportionment of cost - Certification of
Status: in_force

estimate to county excise boards - Items of expenditures.

A. The executive board shall:

1. Make an estimate of the cost of the free district fair;

Oklahoma Statutes - Title 2. Agriculture Page 541

2. Apportion to each of the counties comprising the association

the portion to be borne by each member county together with the plan

and items of expenditures; and

3. Certify the estimate to the county excise board in each of

the member counties in time to be acted on by the county excise

board at its annual meeting for making tax levies.

B. The items to be considered in the expenditure of funds shall

be for:

1. Premiums on livestock, poultry, fruit, agriculture,

horticultural and dairy products; boys' and girls' club work, school

exhibits, culinary products, textile products, needlework and

sewing, hand painting, decorating and drawing, and cultivated plants

and flowers;

2. The necessary expenses of management of free district fairs

organized under the provisions of this article, including office

expense, postage, telephone, digital and electronic communication,

Internet and supporting equipment, traveling expenses of secretary

within the district in which the fair is held, printing (except

premium lists) and necessary office supplies, premium ribbons and

badges, clerical help, guards, superintendents and judges; and

3. Advertising the fair and for decorating and cleaning the

grounds and buildings, and for caring for the grounds during the

fair.
Okla. Stat. tit. 2, § 2-1768 — OK Code / Title 2 / Section 2-1768
Renumbered as § 5-88 of this title by Laws 2001, c. 146, §
Status: in_force

259, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-16-71.1 — OK Code / Title 2 / Section 2-16-71.1
Oklahoma Limitation of Liability for Farming and
Status: in_force

Ranching Land Act – Purpose – Definitions – Applicability of act to

land used for purposes other than farming and ranching.

A. Sections 16-71.1 through 16-71.7 of this title shall be

known and may be cited as the "Oklahoma Limitation of Liability for

Farming and Ranching Land Act".

B. The purpose of the Oklahoma Limitation of Liability for

Farming and Ranching Land Act is to encourage owners of farming and

ranching lands to make such land available for recreational purposes

by limiting their liability to persons entering or using the farm

and ranch land and to third persons who may be damaged by the acts

or omissions of persons entering upon or using these lands.

C. As used in the Oklahoma Limitation of Liability for Farming

and Ranching Land Act:

1. "Land" means land which is used for farming, ranching

activities and recreational purposes, as defined in this section,

Oklahoma Statutes - Title 2. Agriculture Page 614

including, but not limited to, roads, water, watercourses, private

ways, buildings, structures, and machinery or equipment when

attached to realty which is used primarily for farming or ranching

activities;

2. "Owner" means the possessor of a fee interest, a tenant,

lessee, occupant or person in control of the premises but shall not

include a tenant, lessee, occupant or person in control of the

premises who is engaging in any recreational purpose described in

paragraph 3 of this subsection; and

3. "Recreational purpose" includes any of the following, or any

combination thereof: hunting, fishing, wildlife and ecological

viewing or photography, recreational farming and ranching

activities, swimming, boating, camping, picnicking, hiking, pleasure

driving, jogging, cycling, other similar events and activities,

nature study, water skiing, winter sports, jet skiing, viewing or

enjoying historical, archaeological, scenic, or scientific sites and

aviation, including fly-ins at private airports.

D. The Oklahoma Limitation of Liability for Farming and

Ranching Land Act shall not apply to any land that is used for

purposes other than farming and ranching. Such land shall be

governed by Section 10.1 of Title 76 of the Oklahoma Statutes.
Okla. Stat. tit. 2, § 2-9-205.3 — OK Code / Title 2 / Section 2-9-205.3
Renumbered as § 20-10 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-15-1 — OK Code / Title 2 / Section 2-15-1
Agricultural fair corporations - Land, buildings and
Status: in_force

improvements - Purposes.

A. Agricultural Fair Corporations may:

1. Purchase, hold or lease or otherwise acquire any quantity of

land necessary for their proper operation, with such buildings and

improvements as may be erected thereon;

2. Sell, lease, or otherwise dispose of such land, buildings

and improvements at their pleasure.

B. Real estate must be held for the purpose of erecting

buildings and making other improvements thereon, to:

1. Promote and encourage:

a. agriculture,

b. horticulture,

c. mechanics,

d. manufacturers,

e. stock raising,

f. 4-H clubs,

g. Future Farmers of America,

h. Home Demonstration Clubs,

i. poultry raising,

j. arts,

k. trades,

l. crafts,

m. hobbies,

n. industry,

o. commerce, and

p. the general welfare of the people; and

2. Cooperate as may be deemed advisable by the Corporation’s

Board of Directors with:

a. the state and federal agriculture extension

organizations,

b. cooperative marketing associations,

c. livestock and crop improvement associations, and

Oklahoma Statutes - Title 2. Agriculture Page 536

d. other farm, industrial, commercial or educational

organizations.

R.L. 1910, § 22. Amended by Laws 1951, p. 1, § 1; Laws 2001, c.

146, § 146, emerg. eff. April 30, 2001. Renumbered from § 31 of

this title by Laws 2001, c. 146, § 267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-11-95 — OK Code / Title 2 / Section 2-11-95
Revocation or suspension of permits - Injunction against
Status: in_force

dealers - Appeal bond.

A. Any sales tax permit, issued pursuant to Section 1364 of

Title 68 of the Oklahoma Statutes, to any scrap metal dealer who

violates any of the provisions of this act relating to the purchase

of copper or aluminum materials or any scrap metal regulated by this

act, may be canceled or suspended for a period not to exceed thirty

(30) days by the Oklahoma Tax Commission. The Tax Commission may

refuse the issuance of or extension or reinstatement of any permit

where the applicant or holder of the permit shall have violated any

provisions of this act or existing laws. Such cancellation or

refusal shall be mandatory as to any scrap metal dealer having been

convicted of three separate violations of this act. However, before

the Tax Commission may cancel or suspend any permit or refuse the

issuance, reinstatement or extension thereof, the Tax Commission

shall give each holder of a permit or applicant ten (10) days'

notice of a hearing before the Tax Commission, granting such person

an opportunity to show cause why such action should not be taken.

Upon notice given to any scrap metal dealer by the Tax Commission of

its intention to cancel or suspend any permit or to refuse the

issuance, reinstatement or extension thereof, the Tax Commission

shall have the authority to enter its order suspending such permit

or prohibiting the applicant from doing business without a permit

pending the final hearing before it as provided for in this section.

B. 1. After notice of the order of suspension or prohibition

from doing business, it shall be unlawful for the scrap metal dealer

to further engage in the business of a scrap metal dealer, as

defined herein. In the event any such person shall conduct or at

any time continue such unlawful operation, after notice of

suspension or prohibition from doing business, the Tax Commission

may institute or cause to be brought against such person or persons

proceedings for injunction in any court of competent jurisdiction to

enjoin and restrain such person or persons from doing business

pending the order of the Tax Commission.

2. Upon cancellation of a permit by the Tax Commission, no new

permit shall be issued to such dealer or any firm, corporation or

other legal entity under his or her direct or indirect control or

association, for a period of one (1) year from the date of

cancellation.

Oklahoma Statutes - Title 2. Agriculture Page 510

3. In all cases where proceedings are brought for injunction

under this act, no bond for injunction shall be required and in all

such cases, after notice of suspension has been given, no further

notice shall be required before the issuance of a temporary

restraining order on any proceeding for injunction.

C. If an appeal is taken from the order of the Tax Commission

issued pursuant to this section, the scrap metal dealer, in order to

conduct business as a scrap metal dealer pending outcome of the

appeal, shall be required to post a bond in the amount of Five

Thousand Dollars ($5,000.00).
Okla. Stat. tit. 2, § 2-14-34 — OK Code / Title 2 / Section 2-14-34
Commercial and regulatory weighing and measuring devices
Status: in_force

The specifications, tolerances and other technical requirements

for commercial and regulatory weighing and measuring devices as

adopted by the National Conference on Weights and Measures and

published in National Bureau of Standards Handbook 44,

"Specifications, Tolerances and Other Technical Requirements for

Commercial Weighing and Measuring Devices," and supplements thereto

or revisions thereof shall apply to commercial and regulatory

weighing and measuring devices in the state, except insofar as

modified or rejected by regulation.
Okla. Stat. tit. 2, § 2-3-32.6 — OK Code / Title 2 / Section 2-3-32.6
Turfgrass sod - Identification
Status: in_force

A. A seller of turfgrass sod shall be required to state on the

sales contract, invoice, or bill of lading the following

information:

1. The variety and the named blend or mixture of turfgrass; and

2. Each different lot of harvested turfgrass sod shall be

identified by a sign stating the variety, kinds, or name blend or

mixture as stated on the invoice or bill of lading from the shipper

when offered or exposed for sale.

B. All growers shall provide the legal description of all

growing fields of sod to the State Department of Agriculture.
Okla. Stat. tit. 2, § 2-131.4 — OK Code / Title 2 / Section 2-131.4
Renumbered as § 15-114 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-3-310 — OK Code / Title 2 / Section 2-3-310
Castor bean production - Ricin
Status: in_force

A. It shall be unlawful for any person to plant, nurture or

otherwise commercially produce castor beans containing the toxin

ricin in this state.

Oklahoma Statutes - Title 2. Agriculture Page 153

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, § 2-104e — OK Code / Title 2 / Section 2-104e
Renumbered as § 15-70 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-9-27 — OK Code / Title 2 / Section 2-9-27
Scale tickets - Delivery upon demand
Status: in_force

A. 1. Each warehouseman, upon weighing commodities, shall

issue a scale ticket to the person from whom the commodities are

received on a form approved by the State Board of Agriculture. No

scale ticket shall be issued unless the Board has approved the form.

The scale ticket shall contain, but not be limited to, preprinted

consecutive numbers and lines for entering the weight, grade, kind,

test, and moisture of the commodity, the name and address of the

owner, and the signature or initials of the licensed weigher and

grader. The grade and the factors used to establish the grade shall

be documented on each scale ticket.

2. Each warehouseman is required to have a licensed weigher and

grader at each location to supervise the weighing and grading of

commodities received and sign the scale ticket.

3. The scale ticket shall be nonnegotiable, but may singly or

with others be exchanged for a state or federal negotiable warehouse

receipt. A scale ticket has protection under the surety provisions

of the Public Warehouse and Commodity Indemnity Act equal to a

warehouse receipt.

4. No warehouseman shall store a commodity except in a state-

chartered or federally licensed and bonded warehouse.

B. The warehouseman, in the absence of some lawful excuse,

shall immediately deliver the commodities stored upon a demand made

either by the holder of a receipt for the commodities or by the

depositor if the demand is accompanied by:

1. An offer to satisfy the warehouseman's lien;

2. An offer to surrender the receipt, if negotiable, with

endorsements as necessary for the negotiation of the receipts; and

3. A readiness and willingness to sign an acknowledgment that

the commodities have been delivered if a signature is requested by

the warehouseman.
Okla. Stat. tit. 2, § 2-6-611 — OK Code / Title 2 / Section 2-6-611
Intentional or knowing release - Knowing or intentional
Status: in_force

violation of requirements - Penalties.

A. No person shall intentionally or knowingly release or engage

in, sponsor, instigate, assist, or profit from the release of any

hog, boar, swine, or pig to live in a wild or feral state upon

public or private lands, except for:

Oklahoma Statutes - Title 2. Agriculture Page 368

1. Release into a licensed sporting facility pursuant to the

Feral Swine Control Act; or

2. When utilizing the Judas pig tagging system, release onto

the same private land on which a feral hog was trapped or caught.

In order to come under the release authorization of this paragraph,

the release must occur within twenty-four (24) hours of the capture

of the hog.

B. No person shall knowingly or intentionally violate the

importation, testing, permitting, licensing, and transportation

requirements contained in the Feral Swine Control Act and rules

promulgated thereto.

C. Any person violating the provisions of this section is

guilty of a Class D3 felony offense and subject to imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes, a fine of Two Thousand Dollars

($2,000.00), or both fine and imprisonment.Oklahoma Statutes - Title 2. Agriculture Page 14
Okla. Stat. tit. 2, § 2-1023 — OK Code / Title 2 / Section 2-1023
Renumbered as § 18-302 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-77.4 — OK Code / Title 2 / Section 2-8-77.4
Manipulated manures – Exemptions
Status: in_force

Any person operating a business engaged in the distribution or

sale of manipulated manures shall not be subject to provisions of

Sections 8-77.5 through 8-77.7 of this title if manipulated manures

offered for sale, sold, or distributed do not reflect by label any

warrantees or guarantees of the contents of the manures other than

the animal sources of the manures.
Okla. Stat. tit. 2, § 2-1850.2 — OK Code / Title 2 / Section 2-1850.2
Renumbered as § 18-241 of this title by Laws 2001, c
Status: in_force

146, § 266, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1028 — OK Code / Title 2 / Section 2-1028
Renumbered as § 18-306 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-215 — OK Code / Title 2 / Section 2-6-215
Certified beef label requirement
Status: in_force

Persons shall not label any bovine product as Oklahoma Certified

Beef unless it meets the definition of Oklahoma certified beef as

defined in Section 6-214 of Title 2 of the Oklahoma Statutes. The

Oklahoma Department of Agriculture, Food, and Forestry shall enforce

this requirement pursuant to Section 2-18 of Title 2 of the Oklahoma

Statutes.
Okla. Stat. tit. 2, § 2-1451 — OK Code / Title 2 / Section 2-1451
Renumbered as § 8-80.1 of this title by Laws 2001, c. 146,
Status: in_force

§ 252, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-2A-26 — OK Code / Title 2 / Section 2-2A-26
Tier II or III applications - Draft denial or permit
Status: in_force

A. Upon conclusion of its technical review of a Tier II or III

application within the permitting timeframes established by rules

promulgated by the State Board of Agriculture, the Oklahoma

Department of Agriculture, Food, and Forestry shall prepare a draft

denial or draft permit.

1. Notice of a draft denial shall be given by the Department

and notice of a draft permit shall be given by the applicant.

2. Notice of the draft denial or draft permit shall be

published as legal notice in one newspaper of general circulation

local to the proposed new site or existing facility. The notice

shall identify public locations where the draft denial or draft

permit may be reviewed, including a public location in the county

where the proposed new site or existing facility is located, and

shall provide for a set time period for public comment and for the

opportunity to request a formal public meeting on the respective

draft denial or draft permit. The time period shall be set at least

thirty (30) calendar days after the date the notice is published

unless a longer time is required by federal regulations promulgated

as rules by the Board. In lieu of the notice of opportunity to

request a public meeting, notice of the date, time, and place of a

public meeting may be given, if previously scheduled.

B. Upon the publication of notice of a draft permit, the

applicant shall make the draft permit and the application, except

for proprietary provisions otherwise protected by law, available for

public review at a public location in the county where the proposed

new site or existing facility is located.
Okla. Stat. tit. 2, § 2-2-27.1 — OK Code / Title 2 / Section 2-2-27.1
Agriculture Evidence and Law Enforcement Fund
Status: in_force

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

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

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

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

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

confiscated property, the seizure and forfeiture of confiscated

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

or private, including federal and state funds unless otherwise

provided by federal law or regulation.

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

appropriated and may be budgeted and expended by the Oklahoma

Department of Agriculture, Food, and Forestry, for purposes

including but not limited to investigation, enforcement, and

prosecution of cases involving administrative, civil, or criminal

violations of the Agricultural Code.

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

Enforcement Fund shall never exceed the sum of One Hundred Thousand

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

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

Revolving Fund.
Okla. Stat. tit. 2, § 2-3-82I — OK Code / Title 2 / Section 2-3-82I
Pesticide producer establishment producer permit —
Status: in_force

Duration — Renewal.

A. As used in this section:

1. "Establishment" means any site where a pesticide product,

active ingredient, or device is produced within the state;

2. "Produce" means to manufacture, prepare, propagate,

compound, or process any pesticide or to package, repackage, label,

relabel, or otherwise change the container of any pesticide or

device; and

3. "Producer" means any person who produces, manufactures,

prepares, compounds, propagates, or processes any active ingredient,

pesticide, or device as used in producing a pesticide.

B. It shall be unlawful for any person to produce within this

state any pesticide, active ingredient, or device without first

obtaining a pesticide producer establishment permit issued by the

Board.

C. The permit shall be issued only upon application on a form

prescribed by the Board. The application shall contain information

regarding the proposed operation of the applicant and other

information as specified by the Board. If at any time there is a

change of the information provided in or on the application for a

pesticide producer establishment permit, the producer must notify

the Board in writing within thirty (30) calendar days of the change.

D. The producer shall file a statement with the Board including

but not limited to:

1. The name and address of the company;

2. The name and address of the establishment as well as the

physical location, if different than the mailing address;

3. The name of any pesticide, active ingredient, or device; and

4. The name and address and other pertinent contact information

for the responsible party.

E. All permits for pesticide producer establishments shall be

issued for a period of one (1) year and shall be renewed annually.

All permits shall expire on June 30 each year and may be renewed

without penalty if a properly completed application is filed with

the Board not later than the fifteenth day of the month first

following the date of expiration. If the application is not

Oklahoma Statutes - Title 2. Agriculture Page 126

received by that date, a penalty of twice the amount of the renewal

fee shall be charged for renewal of the permit.

F. Each pesticide producer establishment location engaged in

the production of pesticides, active ingredients or devices shall

require a separate permit.

G. The annual permit fee for a pesticide producer establishment

shall be One Hundred Dollars ($100.00) for each location.

H. If requested by the Board, a complete copy of all labeling,

Material Safety Data Sheets, technical information associated with

the pesticide, active ingredient, or device and a statement of all

claims to be made as well as directions and use must be submitted to

the Board.

I. In order to determine compliance with state and federal

laws, the Board may request a full disclosure of inventory records,

sales and distribution records, and any other information deemed

necessary by the Board.

J. Every producer shall keep accurate records pertaining to

pesticide, active ingredient, or device production and distribution

as required by the Board. The records of the producer shall be kept

intact at the principal producing location in this state for at

least two (2) years after the date of production and distribution

and copies shall be furnished to any authorized agent of the Board,

immediately upon request in person, at any time during the regular

business hours of the producer. Copies of records shall be

furnished to any authorized agent of the Board within seven (7)

working days of a written request, in summary form, by mail, fax,

email, website, or any other electronic media customarily used.
Okla. Stat. tit. 2, § 2-5-63.9 — OK Code / Title 2 / Section 2-5-63.9
Void ballots
Status: in_force

A. In any contest of an election, a ballot is void if the voter

overstated the volume of production of the producer by more than ten

percent (10%). Any other error in stating volume of production is

not grounds for invalidating the ballot.

B. If a ballot is void or if any other error is made in stating

production volume, the returns shall be corrected and the results

adjusted accordingly.

C. In any referendum election, the Commissioner of the Oklahoma

Department of Agriculture, Food, and Forestry shall be authorized

and is responsible for making the determination if a ballot is void

due to overstatement of production volume.

Oklahoma Statutes - Title 2. Agriculture Page 211
Okla. Stat. tit. 2, § 2-16-71.2 — OK Code / Title 2 / Section 2-16-71.2
Entry upon farm or ranch lands for recreational
Status: in_force

purposes - Duty of owner.

Except as specifically recognized by or provided in Section 16-

71.5 of this title, an owner who provides the public with land for

recreational purposes which is used primarily for farming or

ranching activities owes no duty of care to keep the land safe for

entry or use by others for recreational purposes, or to give any

warning of a dangerous or hazardous condition, use, structure, or

activity on such land to persons entering or using the land for such

purposes.
Okla. Stat. tit. 2, § 2-14-61 — OK Code / Title 2 / Section 2-14-61
Short title
Status: in_force

This article shall be known as the “Oklahoma Service Technician

and Service Agency Act”.
Okla. Stat. tit. 2, § 2-3-60.1 — OK Code / Title 2 / Section 2-3-60.1
Renumbered as § 3-50.30 of this title by Laws 1997, c
Status: in_force

381, § 7, eff. July 1, 1997.
Okla. Stat. tit. 2, § 2-20-46 — OK Code / Title 2 / Section 2-20-46
Notice and hearing requirements
Status: in_force

A. 1. Any person applying for a license for a new animal

feeding operation shall comply with the notice and hearing

requirements as specified by this section and rules promulgated by

the State Board of Agriculture.

2. Notice requirements shall include notice to affected

property owners by certified mail, return receipt requested pursuant

to subsection C of this section and public notice pursuant to

subsection D of this section.

B. 1. After submission of a completed application as provided

by the Oklahoma Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto, the Oklahoma Department of

Agriculture, Food, and Forestry shall have sixty (60) working days

to review the application for a new operation for physical and

technical suitability.

2. a. After review of the application, the Department may

request additional information from the applicant.

Upon receipt of the additional information, the

Department shall have an additional thirty (30)

working days to review the additional information.

b. On or before the expiration of the additional thirty

(30) working days, the Department shall make a

determination as to whether the application is

complete and in compliance with all statutory

requirements and relevant rules of the Department or

request additional information pursuant to

subparagraph a of this paragraph.

C. 1. After the Department has determined that the application

is complete, the Department shall require the applicant to notify

all affected property owners that a completed application is on file

with the Department. Notice shall be sent by certified mail, return

receipt requested. The notice shall state that an application for a

new animal feeding operation has been submitted to the Department

and has been deemed to be complete, the location of the facility,

that a hearing may be requested within fifteen (15) working days

from the receipt of notice by the affected property owner and that a

copy of the completed application is available for public review

pursuant to paragraph 3 of subsection D of this section.

Oklahoma Statutes - Title 2. Agriculture Page 723

2. The State Board of Agriculture shall not act on the

application until the expiration of the time period set forth in

paragraph 1 of subsection G of this section. If a hearing is

requested pursuant to paragraph 1 of subsection G of this section,

the Board shall not take action on the application until the hearing

process is complete.

3. Establishment of property usage is the date the animal

feeding operation application was made available for public review

versus date of initial construction or placement of occupied

residence and shall be given consideration when determining a

contested matter between an applicant and an affected property owner

on issues other than pollution of the waters of the state.

D. 1. In addition to the individual notice, the Department

shall require the applicant to give public notice of the opportunity

to comment on the granting of the license.

2. The public notice for a new operation shall be published as

a legal notice prior to the date the application is available for

public viewing, in at least one newspaper of general circulation in

the county where the proposed facility is to be located.

3. The notice shall identify locations where the application

shall be available for viewing. The locations shall include the

office of the Department and a specific public location in the

county where the proposed facility is to be located.

4. The application shall be available for public review during

normal business hours. The copies of the application posted for

public viewing shall be complete except for proprietary provisions

otherwise protected by law and shall remain posted during normal

business hours for at least twenty (20) working days after notice is

published.

5. The Department, as necessary, may hold public meetings at a

location convenient to the population center nearest the proposed

facility to address public comments on the proposed facility.

E. Prior to the issuance of any license for an animal feeding

operation, the Department shall require the applicant to submit:

1. Documentation certifying notice has been issued to all

affected property owners. A map of all affected property owners and

the corresponding mailing list shall be submitted with each

application; and

2. Proof of publication notice of a new application for an

animal feeding operation license.

F. If no hearing is requested within the time periods set forth

in paragraph 1 of subsection G of this section, the application

shall be submitted to the State Board of Agriculture for

consideration and action.

G. 1. An affected property owner may request a hearing prior

to final approval of the application. All requests for a hearing

shall be filed with the Department within fifteen (15) working days

Oklahoma Statutes - Title 2. Agriculture Page 724

after the receipt of the notice by the affected property owner. In

requesting a hearing an affected property owner shall state in the

request:

a. the name and address of the affected property owner

and proof of standing by showing a surface ownership

interest in the affected property, and

b. specific allegations showing that the proposed

facility or expanding operation may have a direct,

substantial and immediate effect upon a legally

protected interest of the affected property owner.

The allegations shall address with specificity the

information contained within the application for

licensure. Furthermore, the allegations shall be

limited to demonstrating how the application is

deficient, how the deficiencies have a direct effect

on a legal interest of the affected property owner,

and how the application has failed to show that the

application should be granted. The allegations shall

also address the physical and technical suitability of

the proposed facility.

2. If any of the affected property owners request an

administrative hearing pursuant to paragraph 1 of this subsection

and all information listed in subparagraphs a and b of paragraph 1

of this subsection is found to be complete and adequate in the

request for a hearing, the Department shall schedule a preliminary

hearing at a reasonable time within sixty (60) calendar days.

Should the affected property owner fail to provide any of the

information required in the request for a hearing, the affected

property owner shall have ten (10) working days during which any

deficiencies may be cured after receipt of notice from the

Department of the failure. All affected property owners shall be

considered parties to the preliminary hearing scheduled by the

Department.

H. 1. The preliminary hearing shall be held at the Oklahoma

Department of Agriculture, Food, and Forestry before an

administrative law judge.

2. There shall be a rebuttable presumption on the part of the

applicant that the application in question is complete and in

compliance with all applicable statutes and rules.

3. It shall be the burden of the affected property owner(s) to

present an offer of proof showing by a preponderance of the

evidence:

a. that the facility has a direct, substantial and

immediate effect upon a legally protected interest,

and

b. that the direct, substantial and immediate effect upon

a legally protected interest arises directly from a

Oklahoma Statutes - Title 2. Agriculture Page 725

deficiency in the application or from the physical and

technical suitability of the proposed facility.

4. The administrative law judge, after all evidence is

presented by any affected property owner that requested a hearing,

shall afford the applicant an opportunity to respond to and rebut

the allegations presented and to show how the affected property

owner failed to meet the standards set forth in subparagraphs a and

b of paragraph 3 of this subsection.

5. Upon completion of the preliminary hearing, the

administrative law judge shall have twenty (20) working days in

which to issue an order granting or denying any affected property

owner a full administrative hearing. If an affected property owner

is denied a full administrative hearing, the administrative law

judge shall issue a written recommended order containing specific

findings of fact and conclusions of law on which the decision is

based.

6. If the administrative law judge finds an affected property

owner that requested a hearing failed to meet the burden of proof

set forth in paragraphs 2, 3, and 4 of this subsection, the

application shall be sent to the State Board of Agriculture along

with a copy of the recommended order of the administrative law judge

for consideration and action.

7. If the administrative law judge finds an affected property

owner met the burden of proof set forth in paragraph 3 of this

subsection, then a full administrative hearing shall be scheduled in

accordance with the Administrative Procedures Act.

8. The administrative law judge may separately grant or deny a

full administrative hearing for each affected property owner when

more than one is party to the preliminary hearing.

I. 1. An affected property owner meeting the burden of proof

pursuant to subsection H of this section shall be entitled to a full

administrative hearing pursuant to the Administrative Procedures

Act. Only those affected property owners found meeting the burden

of proof pursuant to subsection H of this section are entitled to a

full administrative hearing.

2. The scheduling conference for the hearing shall be held by

the Department at a reasonable time within thirty (30) working days

after the administrative law judge has issued a written order. All

interested parties may be joined as parties to the hearing.

3. An affected property owner may at any time waive his or her

rights to a hearing. If an affected property owner waives his or

her rights to a hearing, a signed and notarized document shall be

filed with the administrative law judge stating the affected

property owner waived his or her rights to a hearing, did so without

force or coercion, understands he or she is also waiving his or her

rights to any further hearing provided for under this section or the

Administrative Procedures Act and that the waiver shall be with

Oklahoma Statutes - Title 2. Agriculture Page 726

prejudice. The waiver of right to a hearing shall be admissible as

evidence in any court of the State of Oklahoma as evidence the

affected property owner waived his or her rights to any additional

hearings to which he or she may otherwise have been entitled.

4. At the administrative hearing, the administrative law judge

shall hear testimony and accept evidence pertaining to the physical

and technical suitability of the proposed facility and deficiencies

contained in the original application for the license. Based on

these grounds, it shall be the burden of the interested party to

show by clear and convincing evidence that the proposed facility

will have a direct, substantial and immediate effect upon a legally

protected interest of the interested party. Furthermore, there

shall be a rebuttable presumption that the application is complete

and in compliance with the relevant statutes and rules.

5. Any evidence presented at the administrative hearing shall

be directly related to allegations and evidence previously presented

by any affected property owner during the preliminary hearing.

Evidence not meeting this criteria shall only be admitted by the

administrative law judge upon a finding that:

a. the evidence was unavailable to the interested party

prior to the preliminary hearing,

b. the interested party exercised due diligence to

discover and present all relevant evidence at the

preliminary hearing,

c. reasonable efforts to discover the information would

not have led to its discovery prior to the preliminary

hearing, or

d. the applicant willfully concealed evidence or

information that would likely have assisted the

interested party in presenting its case at the

preliminary hearing.

6. At the administrative hearing, the interested party shall be

afforded a reasonable opportunity to present evidence and argument

in support of the allegations identified in the preliminary hearing,

and the applicant shall be afforded a reasonable opportunity to

present evidence and arguments to controvert those allegations.

7. The administrative hearing held pursuant to the provisions

of this subsection shall comply with the Administrative Procedures

Act and rules promulgated by the Board.
Okla. Stat. tit. 2, § 2-9-205.1 — OK Code / Title 2 / Section 2-9-205.1
Renumbered as § 20-8 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.

Oklahoma Statutes - Title 2. Agriculture Page 455
Okla. Stat. tit. 2, § 2-10-9.20 — OK Code / Title 2 / Section 2-10-9.20
Administration and enforcement of act - Rules and standards - Reciprocal agreements -
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 19standards - Reciprocal agreements - Test samples.

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

shall administer and enforce the provisions of the Oklahoma Poultry

Waste Applicators Certification Act and shall promulgate rules and

standards for the application of poultry waste, work performance,

the certification of applicators of poultry waste, recertification

of applicators, procedures, and best management practices.

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

negotiate reciprocal agreements with the federal government or any

state, or any department or agency of either for the purpose of

fulfilling the intent of the Oklahoma Poultry Waste Applicators

Certification Act.

C. The Department may take samples of poultry waste and soil at

application sites in order to determine their concentration. The

work of each applicator may be inspected at the application site of

each applicator to determine whether or not the work is performed

Oklahoma Statutes - Title 2. Agriculture Page 478

according to the provisions of the Oklahoma Poultry Waste

Applicators Certification Act.
Okla. Stat. tit. 2, § 2-361j — OK Code / Title 2 / Section 2-361j
Renumbered as § 17-11 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-10-9.8a — OK Code / Title 2 / Section 2-10-9.8a
New or expanded poultry feeding operations –
Status: in_force

Construction in certain areas prohibited.

On and after the effective date of this act:

Oklahoma Statutes - Title 2. Agriculture Page 468

1. No new or expanding poultry feeding operations, operated by

entities prohibited in Section 951 of Title 18 of the Oklahoma

Statutes including but not limited to entities operating as

prescribed by Section 954 of Title 18 of the Oklahoma Statutes,

shall be constructed within a one-hundred-year flood plain; and

2. No new or expanding poultry feeding operations, operated by

entities prohibited in Section 951 of Title 18 of the Oklahoma

Statutes including but not limited to entities operating as

prescribed by Section 954 of Title 18 of the Oklahoma Statutes,

shall be constructed within the following minimum buffer areas:

a. one and one-half (1 1/2) miles of the high water mark

of a surface public water supply if the poultry

feeding operation is located within the watershed for

the public water supply,

b. one (1) mile of any designated scenic river area as

specified by the Scenic Rivers Act,

c. one (1) mile of a public drinking water well, and

d. one (1) mile of a water body specified as outstanding

resource waters that has recreational or ecological

significance as outlined by the most current Oklahoma

Water Quality Standards promulgated by the Oklahoma

Department of Environmental Quality.
Okla. Stat. tit. 2, § 2-6-208 — OK Code / Title 2 / Section 2-6-208
Powers of Board
Status: in_force

(a) The Board shall also have power:

(1) To gather and compile information concerning and to

investigate from time to time the organization, business, conduct,

practices, and management of any person, firm, or corporation

engaged in intrastate commerce, and the relation thereof to other

persons, firms, and corporations;

(2) To require, by general or special orders, persons, firms,

and corporations engaged in intrastate commerce, or any class of

them, or any of them to file with the Board in such form as the

Board may prescribe, annual or special, or both annual and special,

reports or answers, in writing, to specific questions, furnishing to

the Board such information as it may require as to the organization,

business, conduct, practices, management, and relation to other

persons, firms, and corporations, of the person, firm, or

corporation filing such reports or answers in writing. Such reports

and answers shall be made under oath, or otherwise, as the Board may

prescribe, and shall be filed with the Board within such reasonable

period as the Board may prescribe, unless additional time be granted

in any case by the Board.

(b) For the purposes of this act the Board shall at all

reasonable times have access to, for the purpose of examination, and

the right to copy any documentary evidence of any person, firm, or

corporation being investigated or proceeded against, and may require

by subpoena the attendance and testimony of witnesses and the

production of all documentary evidence of any person, firm, or

corporation relating to any matter under investigation. The Board

may sign subpoenas and may administer oaths and affirmations,

examine witnesses, and receive evidence.

(1) Such attendance of witnesses and the production of such

documentary evidence may be required at any designated place of

hearing. In case of disobedience to a subpoena the Board may invoke

the aid of any court designated in Section 6-205 of this title in

requiring the attendance and testimony of witnesses and the

production of documentary evidence.

(2) Any of the courts designated in Section 6-205 of this title

within the jurisdiction of which such inquiry is carried on may, in

case of contumacy or refusal to obey a subpoena issued to any

person, firm, or corporation, issue an order requiring such person,

firm, or corporation to appear before the Board or to produce

Oklahoma Statutes - Title 2. Agriculture Page 281

documentary evidence if so ordered, or to give evidence touching the

matter in question; and any failure to obey such order of the court

may be punished by said court as a contempt thereof.

(3) Upon the application of the Attorney General of this state

at the request of the Board, the district court shall have

jurisdiction to issue writs of mandamus commanding any person, firm,

or corporation to comply with the provisions of this act or any

order of the Board made in pursuance thereof.

(4) The Board may order testimony to be taken by deposition in

any proceeding or investigation pending under this act at any stage

of such proceeding or investigation. Such depositions may be taken

before any person designated by the Board and having power to

administer oaths. Such testimony shall be reduced to writing by the

person taking the deposition or under his direction, and shall then

be subscribed by the deponent. Any person may be compelled to

appear and depose and to produce documentary evidence in the same

manner as witnesses may be compelled to appear and testify and

produce documentary evidence before the Board as hereinbefore

provided.

(5) Witnesses summoned before the Board shall be paid the same

fees and mileage that are paid witnesses in the courts of this

state, and witnesses whose depositions are taken and the persons

taking the same shall severally be entitled to the same fees as are

paid for like services in such courts, except the person or

representatives of the firm or corporation charged with a violation

and so summoned shall not be paid the fees and mileage that are paid

witnesses.

(6) No person, firm, or corporation shall be excused from

attending and testifying or from producing books, papers, schedules

of charges, contracts, agreements, or other documentary evidence

before the Board or in obedience to the subpoena of the Board,

whether such subpoena be signed or issued by it or its delegate, or

in any cause or proceeding, criminal or otherwise, based upon or

growing out of any alleged violation of this act, or of any

amendments thereto, on the ground or for the reason that the

testimony or evidence, documentary or otherwise, required of him or

it may tend to incriminate him or it or subject him or it to a

penalty or forfeiture; but no person shall be prosecuted or

subjected to any penalty or forfeiture for or on account of any

transaction, matter, or thing concerning which he is compelled,

after having claimed his privilege against self-incrimination, to

testify or produce evidence, documentary or otherwise, except that

any person so testifying shall not be exempt from prosecution and

punishment for perjury committed in so testifying.

(c) Any person, firm, or corporation that shall neglect or

refuse to attend and testify or to answer any lawful inquiry, or to

produce documentary evidence, if in his or its power to do so, in

Oklahoma Statutes - Title 2. Agriculture Page 282

obedience to the subpoena or lawful requirement of the Board shall

be guilty of an offense and upon conviction thereof by a court of

competent jurisdiction shall be punished by a fine of not more than

One Thousand Dollars ($1,000.00), or by imprisonment for not more

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

(1) Any person, firm, or corporation that shall willfully make,

or cause to be made, any false entry or statement of fact in any

report required to be made under this act, or that shall willfully

make, or cause to be made, any false entry in any account, record,

or memorandum kept by any person, firm, or corporation subject to

this act or that shall willfully neglect or fail to make, or to

cause to be made, full, true, and correct entries in such accounts,

records, or memoranda, of all facts and transactions appertaining to

the business of such person, firm, or corporation, or that shall

willfully remove out of the jurisdiction of this state, or willfully

mutilate, alter, or by any other means falsify any documentary

evidence of any such person, firm, or corporation or that shall

willfully refuse to submit to the Board or to any of its authorized

agents, for the purpose of inspection and taking copies, any

documentary evidence of any such person, firm, or corporation in his

possession or within his control, shall be deemed guilty of a

felony. Such person shall be subject, upon conviction in any court

of competent jurisdiction, to a fine of not more than Five Thousand

Dollars ($5,000.00), or to imprisonment for a term of not more than

three (3) years, or to both such fine and imprisonment.

(2) If any person, firm, or corporation required by this act to

file any annual or special report shall fail so to do within the

time fixed by the Board for filing the same, and such failure shall

continue for thirty (30) days after notice of such default, such

person, firm, or corporation shall forfeit to this state the sum of

One Hundred Dollars ($100.00) for each and every day of the

continuance of such failure, which forfeiture shall be payable into

the treasury of this state, and shall be recoverable in a civil suit

in the name of the state brought in the county where the person,

firm, or corporation has his or its principal office or in any

county in which he or it shall do business. It shall be the duty of

the various district attorneys, under the direction of the Attorney

General of this state, to prosecute for the recovery of such

forfeitures. The costs and expenses of such prosecution shall be

paid out of the appropriation for the expenses of the courts of this

state.

(3) Any officer or employee of this state who shall make public

any information obtained by the Board without its authority, unless

directed by a court, shall be deemed guilty of a misdemeanor, and,

upon conviction thereof, shall be punished by a fine not exceeding

Five Thousand Dollars ($5,000.00), or by imprisonment not exceeding

Oklahoma Statutes - Title 2. Agriculture Page 283

one (1) year, or by both such fine and imprisonment, in the

discretion of the court.
Okla. Stat. tit. 2, § 2-1301-109 — OK Code / Title 2 / Section 2-1301-109
Renumbered as Section 16-10 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-9-204 — OK Code / Title 2 / Section 2-9-204
Renumbered as § 20-5 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-16-71.3 — OK Code / Title 2 / Section 2-16-71.3
Entry upon or use of land for recreational purposes -
Status: in_force

Liability of owner – Applicability of section to state or other

governmental unit.

A. Except as specifically recognized by or provided in Section

16-71.5 of this title, an owner of land which is used primarily for

farming or ranching activities, who either directly or indirectly

invites or permits, under the circumstance described in subsection B

of Section 16-71.1 of this title, any person to enter or use such

land for recreational purposes, does not:

1. Extend any assurance that the premises are safe for any

purpose;

2. Incur any duty of care toward a person who enters or uses

the land; or

3. Assume responsibility or incur liability for any injury to

person or property caused by an act or omission of such persons.

B. This section applies whether the person entering, or using

the land is an invitee, licensee, or otherwise.

C. This section does not affect the liability of an insurer or

insurance plan in an action under the Insurance Code, or an action

for bad faith conduct, breach of fiduciary duty, or negligent

failure to settle a claim.

D. This section shall not apply to the state or other

governmental unit.
Okla. Stat. tit. 2, § 2-119 — OK Code / Title 2 / Section 2-119
Renumbered as § 15-94 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-74 — OK Code / Title 2 / Section 2-15-74
Grounds, buildings, concessions, advertising, etc. -
Status: in_force

Gifts and donations.

A. The board of directors shall have power to:

1. Acquire grounds for the fair by lease or purchase;

2. Erect buildings and repair the same;

3. Sell concessions, advertising and privileges at the fair;

and

4. Accept gifts and donations.

B. All money received from sale of concessions and privileges,

and all gifts and donations shall be paid to and deposited with the

treasurer of the fair board, to be disbursed as provided in Section

15-75 of this title.
Okla. Stat. tit. 2, § 2-20-28 — OK Code / Title 2 / Section 2-20-28
Codification
Status: in_force

The Oklahoma Swine Feeding Operations Act shall be enacted as a

part of the Agricultural Code and shall be codified accordingly.

Oklahoma Statutes - Title 2. Agriculture Page 713
Okla. Stat. tit. 2, § 2-14-6 — OK Code / Title 2 / Section 2-14-6
Information
Status: in_force

The Bureau of Standards shall provide information for general

distribution, literature, and directions regarding weights, measures

and tests, and methods of weighing, measuring, and testing as

recommended by the Director of the Bureau of Standards.
Okla. Stat. tit. 2, § 2-17-20 — OK Code / Title 2 / Section 2-17-20
Liability for inducing breach of marketing contracts -
Status: in_force

Injunctions.

A. Any person who knowingly solicits or persuades any member of

any association organized or operating in this state under due

Oklahoma Statutes - Title 2. Agriculture Page 631

authority to breach the marketing contract of such member with the

association by accepting or receiving the member's products for sale

or for auction or for display for sale, or for processing or

handling, contrary to the terms of any agreement of which the person

or any active officer or manager of the corporation had knowledge or

notice, shall be liable, to the association aggrieved in a civil

action for any actual damages sustained by reason thereof.

B. The association may, upon proper application in a civil

action, obtain a temporary injunction against any violation of the

provisions of the Cooperative Marketing Association Act, which may

be made permanent upon proper proof.
Okla. Stat. tit. 2, § 2-3-82E — OK Code / Title 2 / Section 2-3-82E
Restricted use pesticide dealer's permit
Status: in_force

A. It shall be unlawful for any person to sell, offer for sale,

or distribute within this state any restricted use pesticide without

first obtaining a restricted use pesticide dealer's permit issued by

the Board.

B. A permit may be issued by the Board in any category of

pesticide sales if the applicant qualifies under the provisions of

this section and the applicant is limited to the category of

Oklahoma Statutes - Title 2. Agriculture Page 123

pesticide sales named on the permit. The Board may establish

categories of pesticide sales as necessary.

C. The permit shall be issued only upon application on a form

prescribed by the Board and the application shall contain

information regarding the applicant's proposed operation and other

information as specified by the Board.

D. Each business location engaged in the sale or distribution

of restricted use pesticides shall require a separate permit.

E. The annual permit fee for a restricted use pesticide dealer

permit shall be Fifty Dollars ($50.00) for each location.

F. The Board may require a certified applicator to be present

at any location where designated restricted use pesticide sales

occur.
Okla. Stat. tit. 2, § 2-6-198 — OK Code / Title 2 / Section 2-6-198
Records
Status: in_force

(a) The following classes of persons, firms, and corporations

shall keep such records as will fully and correctly disclose all

transactions involved in their businesses; and all persons, firms,

and corporations subject to such requirements shall, at all

reasonable times, upon notice by a duly authorized representative of

the Board, afford such representative and any duly authorized

representative of the Secretary of Agriculture of the United States

accompanied by such representative of the Board access to their

places of business and opportunity to examine the facilities,

inventory, and records thereof, to copy all such records, and to

take reasonable samples of their inventory upon payment of the fair

market value therefor:

(1) Any persons, firms, or corporations that engage, for

intrastate commerce, in the business of slaughtering any cattle,

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

preparing, freezing, packaging, or labeling any carcasses, or parts

or products of carcasses, of any such animals, for use as human food

or animal food;

(2) Any persons, firms, or corporations that engage in the

business of buying or selling (as meat brokers, wholesalers or

otherwise), or transporting, in intrastate commerce, or storing in

or for such commerce, any carcasses, or parts or products of

carcasses, of any such animals;

(3) Any persons, firms, or corporations that engage in

business, in or for intrastate commerce, as renderers, or engage in

the business of buying, selling, or transporting, in such commerce,

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

Oklahoma Statutes - Title 2. Agriculture Page 275

goats, horses, mules, or other equines, or parts of the carcasses of

any such animals that died otherwise than by slaughter.

(b) Any record required to be maintained by this section shall

be maintained for such period of time as the Board may by

regulations prescribe.
Okla. Stat. tit. 2, § 2-20-3 — OK Code / Title 2 / Section 2-20-3
Definitions
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 673

A. Concentrated swine feeding operations are point sources

subject to the license program established pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act.

B. As used in the Oklahoma Swine Feeding Operations Act:

1. "Affected property owner" means a surface landowner within:

a. one (1) mile of the designated perimeter of a swine

feeding operation which:

(1) does not meet the definition of a licensed

managed feeding operation, or

(2) is previously unlicensed or an expanding licensed

managed feeding operation with a capacity of two

thousand (2,000) or less swine animal units, or

b. two (2) miles of the designated perimeter of a

licensed managed feeding operation or an expanding

operation with a capacity of more than two thousand

(2,000) swine animal units for which a license is

being sought;

2. "Swine feeding operation" means a lot or facility where the

following conditions are met:

a. swine have been, are, or will be stabled or confined

and fed or maintained for a total of ninety (90)

consecutive days or more in any twelve-month period,

and

b. crops, vegetation, forage growth or post-harvest

residues are not sustained in the normal growing

season over any portion of the lot or facility;

3. "Swine animal unit" means a unit of measurement for any

swine feeding operation calculated by adding the following numbers:

The number of swine weighing over twenty-five (25) kilograms,

approximately fifty-five (55) pounds, multiplied by four-tenths

(0.4), plus the number of weaned swine weighing under twenty-five

(25) kilograms multiplied by one-tenth (0.1);

4. "Swine waste" means swine excrement, swine carcasses, feed

wastes, process wastewaters or any other waste associated with the

confinement of swine from a swine feeding operation;

5. "Swine Waste Management Plan" or "Nutrient Management Plan"

means a written plan that includes a combination of conservation and

management practices designed to protect the natural resources of

the state prepared by an owner or operator of a swine feeding

operation as required by the Department pursuant to the provisions

of Section 20-10 of this title;

6. "Swine waste management system" means a combination of

structures and nonstructural practices serving a swine feeding

operation that provides for the collection, treatment, disposal,

distribution, storage and land application of swine waste;

7. "Artificially constructed" means constructed by humans;

Oklahoma Statutes - Title 2. Agriculture Page 674

8. "Best Management Practices" means schedules of activities,

prohibitions of practices, maintenance procedures and other

management practices to prevent or reduce the pollution of waters of

the state as established by the Oklahoma Department of Agriculture,

Food, and Forestry pursuant to Section 20-10 of this title;

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

10. "Common ownership" includes but is not limited to any

corporation, partnership or individual where the same owner has

power or authority to manage, direct, restrict, regulate or oversee

the operation or has financial control of the facility;

11. "Concentrated swine feeding operation" means:

a. a licensed managed feeding operation,

b. a swine feeding operation which meets the following

criteria:

(1) more than the number of swine specified in any of

the following categories are confined:

(a) 750 swine each weighing over 25 kilograms or

approximately 55 pounds,

(b) 3,000 weaned swine each weighing under 25

kilograms, or

(c) 300 swine animal units, and

(2) either one of the following conditions are met:

(a) pollutants are discharged into waters of the

state through an artificially constructed

ditch, flushing system or other similar

artificially constructed device, or

(b) pollutants are discharged directly into

navigable waters which originate outside of

and pass over, across or through the

facility or otherwise come into direct

contact with the swine confined in the

operation.

Provided, however, that no swine feeding operation

pursuant to this subparagraph is a concentrated swine

feeding operation if the swine feeding operation

discharges only in the event of a twenty-five-year,

twenty-four-hour storm event,

c. the Board determines that the operation is a

significant contributor of pollution to waters of the

state pursuant to Section 20-6 of this title, or

d. any new swine feeding operation established after

November 1, 2011, with more than one hundred (100)

animal units;

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

Food, and Forestry;

13. "Designated perimeter" means the perimeter of any structure

or combination of structures utilized to control swine waste until

Oklahoma Statutes - Title 2. Agriculture Page 675

it can be disposed of in an authorized manner. Structures shall

include but not be limited to pits, burial sites, barns or roof-

covered structures housing swine, composters, waste storage sites,

or retention structures or appurtenances or additions thereto;

14. "Expanding operation" means:

a. a facility that either increases its swine animal unit

capacity to a number that causes the facility to

initially meet the definition of a licensed managed

feeding operation, or

b. a licensed managed feeding operation that seeks to

increase its licensed capacity in excess of five

percent (5%) of the original facility's licensed

capacity;

15. "Facility" means any place, site, or location or part

thereof where swine are kept, handled, housed, or otherwise

maintained and processed and includes but is not limited to

buildings, lots, pens, and swine waste management systems;

16. "Interested party" means an affected property owner found

to meet the burden of proof pursuant to the provisions of Section

20-8 of this title;

17. "Land application" means the spreading on, or incorporation

of swine waste into the soil mantle primarily for beneficial

purposes;

18. "Licensed managed feeding operations" means a swine feeding

operation primarily using a liquid swine waste management system,

where swine are primarily housed in a roof-covered structure and

which has more than the number of swine specified in any of the

following categories confined:

a. 2,500 swine each weighing over 55 pounds,

b. 10,000 weaned swine each weighing under 55 pounds, or

c. any combination of swine weighing over 55 pounds or

under 55 pounds which would equal one thousand (1,000)

swine animal units;

19. "Liquid swine waste management system" means any swine

waste management system which uses water as the primary carrier of

swine waste into a primary retention structure;

20. "Nutrient-limited watershed" means a watershed of a water

body which is designated as "nutrient-limited" in the most recent

Oklahoma Water Quality Standards;

21. "Nutrient-vulnerable groundwater" means groundwater which

is designated "nutrient-vulnerable" in the most recent Oklahoma

Water Quality Standards;

22. "Odor Abatement Plan" means schedules of activities,

prohibitions of practices, maintenance procedures and other

management practices to prevent or reduce odor as established by the

Department pursuant to Section 20-11 of the Oklahoma Swine Feeding

Operations Act;

Oklahoma Statutes - Title 2. Agriculture Page 676

23. "Occupied residence" means a habitable structure designed

and constructed for full-time occupancy in all weather conditions

and:

a. is not readily mobile,

b. is connected to a public or permanent source of

electricity and a permanent waste disposal system or

public waste disposal system, and

c. is occupied as a residence;

24. "Pollution Prevention Plan" means a written plan to control

the discharge of pollutants which has been prepared in accordance

with industry-acceptable engineering and management practices by the

owner or operator of a swine feeding operation as required pursuant

to Section 20-9 of this title;

25. "Process wastewater" means any water utilized in the

facility that comes into contact with any manure, litter, bedding,

raw, intermediate, or final material or product used in or resulting

from the production of swine and any products directly or indirectly

used in the operation of a facility, such as spillage or overflow

from swine watering systems; washing, cleaning, or flushing pens,

barns, manure pits, direct contact, swimming, washing or spray

cooling of swine; and dust control and any precipitation which comes

into contact with swine or swine waste;

26. "Retention structures" means, but is not limited to, all

collection ditches, conduits and swales for the collection of runoff

water and process wastewater, and basins, ponds and lagoons or other

structures used to store swine wastes;

27. "Spill" means the release from a swine feeding operation of

any process wastewater or manure that does not reach waters of the

state;

28. "Waste facility" means any structure or combination of

structures utilized to control swine waste until it can be disposed

of in an authorized manner. The structures shall include but not be

limited to pits, burial sites, barns or roof-covered structures

housing swine, composters, waste storage sites, or retention

structures or appurtenances or additions thereto; and

29. "Waters of the state" means all streams, lakes, ponds,

marshes, watercourses, waterways, wells, springs, irrigation

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

accumulations of water, surface and underground, natural or

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

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

include under all circumstances the waters of the United States

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

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

systems, including treatment ponds and lagoons designed to meet

federal and state requirements other than cooling ponds as defined

Oklahoma Statutes - Title 2. Agriculture Page 677

in the Clean Water Act or rules promulgated pursuant thereto, are

not waters of the state.
Okla. Stat. tit. 2, § 2-5-603 — OK Code / Title 2 / Section 2-5-603
Civil and criminal liability exemption
Status: in_force

A. A person or gleaner who, in good faith, donates food for

ultimate distribution without charge by a nonprofit corporation, a

charitable organization, or a state agency shall not be liable for

civil damages or criminal penalties resulting from the nature, age,

condition, or packaging of the donated food, unless an injury or

death is caused by the gross negligence, recklessness, or

intentional misconduct of the person or gleaner.

B. A person who, in good faith, provides services related to

the processing of wild game that is donated to a nonprofit

corporation, a charitable organization, or a state agency for

ultimate distribution without charge by the nonprofit organization

or the state agency shall not be liable for civil damages or

criminal penalties resulting from the nature, age, condition, or

packaging of the donated food, unless an injury or death is caused

by gross negligence, recklessness, or intentional misconduct of the

person.

C. A nonprofit corporation or charitable organization that, in

good faith, accepts donated food for ultimate distribution without

charge shall not be liable for civil damages or criminal penalties

resulting from the nature, age, condition, or packaging of the

donated food, unless an injury or death is caused by gross

negligence, recklessness, or intentional misconduct of the nonprofit

organization.

D. Nothing in this section shall supersede the liability found

in Section 5.6 of Title 76 of the Oklahoma Statutes.
Okla. Stat. tit. 2, § 2-6-405 — OK Code / Title 2 / Section 2-6-405
Suppression and eradication of disease – Actions
Status: in_force

permitted – Cooperation with federal agencies in enforcement of

regulations – Compensation – Appraisal – Proceedings barred pending

compensation – Injunction.

A. When it is determined by the State Board of Agriculture that

it is necessary to eradicate any dangerous, infectious or

communicable disease among domestic animals in the state, the

presence of which constitutes an emergency declared pursuant to the

Animal Disease Outbreak Temporary Emergency Act or declared by the

United States Department of Agriculture, the Board may take

reasonable and necessary steps to suppress and eradicate the

disease. The Board may cooperate with the Animal and Plant Health

Inspection Service (APHIS) of the United States Department of

Agriculture, federally recognized Indian tribes, state or local

government agencies, or any other private or public entity in the

suppression and eradication of the disease.

B. When an emergency has been declared, the Board or the State

Veterinarian may order:

1. Animals destroyed which are infected with the disease,

exposed to the disease, or are highly susceptible to exposure to the

disease because of proximity to diseased animals affected by the

disease;

2. Personal property to be destroyed in order to remove the

infection;

3. The cleaning and disinfection of any premises, exposed to

the disease, or are highly susceptible to exposure to the disease

Oklahoma Statutes - Title 2. Agriculture Page 350

because of proximity to diseased animals affected by the disease;

and

4. Any act and incur any other expense reasonably necessary to

destroy or suppress the disease.

C. The Governor, at the request of the Board, may take any

other emergency action necessary to ensure the health of the public

and the state livestock industry.

D. 1. The Board may:

a. accept on behalf of the state, the regulations adopted

by the Animal and Plant Health Inspection Service of

the United States Department of Agriculture pertaining

to the disease authorized under an act of Congress, or

the portion of the regulations deemed necessary,

suitable, or applicable, and

b. cooperate with the Animal and Plant Health Inspection

Service of the United States Department of

Agriculture, in the enforcement of such regulations.

2. Alternatively, the Board may follow the procedure only as to

quarantine, inspection, condemnation, appraisal, compensation,

destruction, burial of animals, disinfection, or other acts the

Board considers reasonably necessary for the destruction or

suppression of the disease as adopted by the Board.

E. 1. For the purpose of determining compensation as provided

by subsection F of this section, appraisals of animals or personal

property destroyed pursuant to the Animal Disease Outbreak Temporary

Emergency Act must be made by a Board-approved appraiser or by an

appraisal committee consisting of an appraiser representing the

Board, an appraiser representing the Animal and Plant Health

Inspection Service of the United States Department of Agriculture,

and an appraiser representing the owner. When, in the judgment of

the Board or the State Veterinarian, the animals to be killed or

personal property to be destroyed poses a disease threat, appraisals

may be conducted after the animals are killed based on documents,

testimony, or other relevant evidence.

2. Appraisals must be:

a. in writing and signed by the appraisers or appraisal

committee, and

b. made at the fair market value of all animals and

personal property appraised, unless otherwise provided

by applicable federal law or regulation when

compensation is paid by federal funds.

F. Upon destruction of animals or personal property, burial or

other disposition of the carcasses of the animals, and the

completion of the cleaning and disinfection of the premises in

accordance with the provisions of the Animal Disease Outbreak

Temporary Emergency Act, the Board or its authorized agent shallagencies in enforcement of regulations – Compensation – Appraisal – Proceedings barred pendingy applicable federal law or regulation when

compensation is paid by federal funds.

F. Upon destruction of animals or personal property, burial or

other disposition of the carcasses of the animals, and the

completion of the cleaning and disinfection of the premises in

accordance with the provisions of the Animal Disease Outbreak

Temporary Emergency Act, the Board or its authorized agent shall

certify the appraisal to the Director of the Office of Management

Oklahoma Statutes - Title 2. Agriculture Page 351

and Enterprise Services. If funds are available for this purpose,

the Director shall then file a claim with the State Treasurer for a

warrant in the amount payable to the owner, excluding any

compensation received by the owner from other sources.

G. A person who believes that the Board's certified appraisal

is not sufficient may apply for a temporary restraining order or

injunctive relief from the appropriate district court.

H. 1. No person or other legal entity may initiate any

proceeding to collect a debt from the owner relating to animals or

personal property destroyed pursuant to this section, until the

owner has received compensation under paragraph F of this section.

2. If a person or other legal entity refuses to comply with

this subsection after being informed that the owner qualifies for

relief pursuant to the Animal Disease Outbreak Temporary Emergency

Act, the owner may apply to the district court in the county in

which the owner resides for a court order directing the person or

other legal entity to comply with this subsection and to reimburse

the owner for reasonable attorney fees incurred in obtaining the

court order.

3. The provisions of this subsection shall not affect the

validity of a mortgage foreclosure, contract for deed cancellation

or other proceeding involving the title to real property, unless the

owner records in the office of the county clerk where the real

property is located, prior to completion of the proceeding to

collect the debt, a certified copy of the court order determining

that the owner qualifies for relief pursuant to the Animal Disease

Outbreak Temporary Emergency Act, and the legal description of the

real property.

4. a. For purposes of proceedings involving title to real

property pursuant to paragraph 3 of this subsection,

the court order must provide that the order expires

ninety (90) days after the date of application for the

court order, unless the court extends the court order

prior to that date for good cause shown.

b. A certified copy of any extension of the court order

must be filed in the office of the county clerk in

order to affect the validity of a proceeding affecting

the title to real property.

5. For purposes of this subsection:

a. "completion of a proceeding to collect a debt" means,

in the case of a mortgage foreclosure or of a

foreclosure of any other lien on real property, the

filing or recording of the sheriff's certificate of

sale, and, in the case of a contract for deed

cancellation, the end of the cancellation period

provided in that law, and

Oklahoma Statutes - Title 2. Agriculture Page 352

b. "proceeding to collect a debt" includes foreclosure,

repossession, garnishment, levy, contract for deed

cancellation, an action to obtain a court judgment, a

proceeding to collect real estate taxes or special

assessments, eviction, and any other in-court and out-

of-court proceedings to collect a debt. The term

shall not include sending bills or other routine

communications to the owner.
Okla. Stat. tit. 2, § 2-157.5 — OK Code / Title 2 / Section 2-157.5
Renumbered as § 15-145 of this title by Laws 2001, c
Status: in_force

146, § 271, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-95 — OK Code / Title 2 / Section 2-95
Renumbered as § 15-56 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-2-29 — OK Code / Title 2 / Section 2-2-29
Obstruct, hinder or interfere with authorized agent in
Status: in_force

performance of official duties - Unlawful.

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

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

authorized agent in the performance of their official duties as

specified by rules of the State Board of Agriculture and the

Oklahoma Agricultural Code.
Okla. Stat. tit. 2, § 2-15-71 — OK Code / Title 2 / Section 2-15-71
Provisions of act cumulative and controlling over
Status: in_force

conflicting laws.

It is hereby expressly provided that the provisions of this

article shall be cumulative to all existing laws in the State of

Oklahoma and where the provisions of this article conflict with any

other laws of the State of Oklahoma the provisions of this article

shall prevail.
Okla. Stat. tit. 2, § 2-3-130 — OK Code / Title 2 / Section 2-3-130
Tick eradication program - Funding
Status: in_force

The Oklahoma Department of Agriculture, Food, and Forestry shall

establish and maintain by November 1, 2006, a tick eradication

program. Funding for this program shall be appropriated to the

Department as directed by the Legislature.
Okla. Stat. tit. 2, § 2-6-134 — OK Code / Title 2 / Section 2-6-134
Quarantine
Status: in_force

If the State Board of Agriculture or any authorized agent

thereof determines any animal or livestock in any area is or might

be infected with any foreign animal disease, a quarantine may be

declared by the Board. The quarantine shall show the area

quarantined and the conditions of the quarantine. Notice of the

quarantine shall be given in person by an authorized agent, by

certified mail, by a sign or signs posted in or around the

quarantined area, or by publication in a legal newspaper of general

circulation in one or more counties in which the area may be

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

to a quarantined area or premises unless removed by the State

Veterinarian or an authorized agent.
Okla. Stat. tit. 2, § 2-3001 — OK Code / Title 2 / Section 2-3001
Renumbered as § 5-91 of this title by Laws 2001, c. 146, §
Status: in_force

262, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-9-25 — OK Code / Title 2 / Section 2-9-25
Reports by warehouseman - Right of entry and audit -
Status: in_force

Commodity open storage records - Inspection fees.

A. When requested by the State Board of Agriculture, any

warehouseman, who stores or handles for storage commodities shall

make a report to the Board concerning the condition, conduct,

operation, and business of each public warehouse the warehouseman

operates and the commodities stored at each location.

B. Any warehouseman who stores or handles for storage

commodities shall permit any authorized agent to enter and audit

each warehouse, its contents, examine all warehouse receipts and

scale tickets, examine all deferred price and deferred payment

contracts, examine all records involving the sale or purchase of

commodities to or from other warehouses or persons, verify all

Oklahoma Statutes - Title 2. Agriculture Page 436

records related to forwarded grain or grain in transit, and the

storage and financial records. The public warehouseman shall render

any assistance required by the Board in checking any condition or

books in connection with each location or warehouse.

C. The authority granted the Board in this section shall

include all warehouse receipts, scale tickets, deferred price and

deferred payment contracts, forwarded grain or grain in transit,

sales or purchases of commodities to or from other warehouses or

persons, commodities and open storage records. The Board shall

verify the accuracy of commodity open storage records when

commodities are stored at other locations.

D. 1. The Board shall make at least one inspection or

examination annually of each state chartered warehouse. The Board

shall charge a fee, that when used in conjunction with available

appropriated funds is sufficient to pay the cost of each examination

or inspection. A warehouseman may request an additional inspection

or examination at a fee commensurate with the actual cost. All

inspection or examination fees collected shall be deposited in the

State Department of Agriculture Revolving Fund.

2. The Board may enter cooperative agreements with the United

States Department of Agriculture for warehouse inspections.

3. No provisions of this section shall apply to warehouses

licensed under the U.S. Warehouse Act, Title 7, U.S.C., Section 241

et seq.
Okla. Stat. tit. 2, § 2-6-284 — OK Code / Title 2 / Section 2-6-284
Quarantine
Status: in_force

The Board may quarantine any animal which is determined to be a

reactor; such animal shall be quarantined under conditions as

specified by the Board. Reactors shall remain under quarantine

until their natural death, slaughter or disposition by euthanasia or

until released by a written notice from the Board. The Board shall

require identification of reactors as deemed necessary.
Okla. Stat. tit. 2, § 2-20-16 — OK Code / Title 2 / Section 2-20-16
Expiration and renewal of licenses - Fees
Status: in_force

A. Licenses shall expire on June 30 of each year and may be

renewed upon payment of the license and swine animal unit fees set

forth in this section and continued compliance with the provisions

of the Oklahoma Swine Feeding Operations Act and the rules of the

Board.

B. The fees for a swine feeding operations license and annual

renewal thereof shall be:

1. Fifteen Dollars ($15.00) for facilities with a capacity of

less than two hundred fifty (250) swine animal units;

2. Thirty-seven Dollars and fifty cents ($37.50) for facilities

with a capacity of two hundred fifty (250) to five hundred (500)

swine animal units;

3. Seventy-five Dollars ($75.00) for facilities with a capacity

of five hundred one (501) to three thousand (3,000) swine animal

units;

4. One Hundred Fifty Dollars ($150.00) for facilities with a

capacity of three thousand one (3,001) to ten thousand (10,000)

swine animal units; or

5. Two Hundred Twenty-five Dollars ($225.00) for facilities

with a capacity of more than ten thousand (10,000) swine animal

units.

C. 1. All licensed managed feeding operations shall pay an

additional license fee for original licenses in an amount equal to

eighty cents ($0.80) per licensed swine animal unit capacity. One-

half (1/2) of the amount shall be due and payable with the

application.

2. The other one-half (1/2) of the amount shall be due thirty

(30) days from the date the application is approved. In the event

the application is not approved, any amount of the fee in excess of

the costs of processing the application shall be refunded to the

applicant.

3. All licensed managed feeding operations shall pay an

additional license fee for renewal licenses in an amount established

by rules.

D. The Department shall review costs related to the

administration, regulation, and enforcement of licensed managed

feeding operations. Based on the review, rules shall be promulgated

pursuant to the Administrative Procedures Act establishing a renewal

fee for licensed managed feeding operations. The fee shall be based

on the costs incurred by the Department in salaries, travel claims,

and other necessary expenses incurred in fulfilling its regulatory

and administrative obligations with regard to licensed managed

feeding operations. Under no circumstances shall the fee exceed

eighty cents ($0.80) per swine animal unit.

Oklahoma Statutes - Title 2. Agriculture Page 702

E. All fees received for licensure of swine feeding operations

shall be deposited in the State Department of Agriculture Revolving

Fund.
Okla. Stat. tit. 2, § 2-8-80.9 — OK Code / Title 2 / Section 2-8-80.9
Stop-sale orders
Status: in_force

A. The State Board of Agriculture may issue and enforce a

written or printed "stop-sale order" to the owner or custodian of

any agricultural liming materials, to hold the materials at a

designated place when it finds agricultural liming materials are

being offered or exposed for sale in violation of any of the

provisions of the Oklahoma Agricultural Liming Materials Act or

rules until:

1. The owner or custodian is in compliance with the Oklahoma

Agricultural Liming Materials Act; and

2. The agricultural liming materials are released in writing by

the Board or its authorized agent; or

3. The violation has been legally disposed of by written

authority.

B. The Board or its authorized agent shall release the

agricultural liming materials when the requirements of the

provisions of the Oklahoma Agricultural Liming Materials Act have

been complied with and all costs and expenses incurred in connection

with the stop-sale order have been paid.
Okla. Stat. tit. 2, § 2-20-23 — OK Code / Title 2 / Section 2-20-23
Exceeding swine animal unit capacity – Criteria - Notice
Status: in_force

A. A concentrated swine feeding operation may exceed its swine

animal unit capacity if:

1. A diseased or potentially diseased swine exists at the

operation; or

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

destination for the production line for the operation; and

3. The owner of the concentrated swine feeding operation has

reasonable cause to believe a swine has or may have any disease

causing:

a. a public health emergency,

b. a substantial and imminent economic hardship to the

owner, or

c. a substantial and imminent threat to the swine

population of the state; or

4. The State Board of Agriculture issues an order establishing

temporary restrictions, a quarantine, or a quarantine zone

restricting the movement of persons, livestock, machinery, and

personal property out of a concentrated swine feeding operation.

B. In no case shall a swine animal unit capacity be exceeded

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

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

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

discovery that a diseased or potentially diseased swine exists at

the operation.

C. The owner of a concentrated swine feeding operation shall

provide written notification to the Oklahoma Department of

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

potentially diseased swine pursuant to subsection A of this section

that may result in the swine animal unit capacity being exceeded.

D. The notice shall:

1. Identify the concentrated swine feeding operation that may

exceed its swine animal unit capacity; and

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

swine animal unit capacity at the concentrated swine feeding

operation.
Okla. Stat. tit. 2, § 2-11-93 — OK Code / Title 2 / Section 2-11-93
Items not to be purchased – Items regulated
Status: in_force

A. It shall be unlawful for scrap metal dealers permitted to do

business in this state as required by the Oklahoma Scrap Metal

Dealers Act to purchase any item listed in subsection C of this

section without:

Oklahoma Statutes - Title 2. Agriculture Page 507

1. Obtaining proof that the seller owns or is authorized to

sell the property, by evidence of a receipt of purchase, a bill of

sale for the property, contract or other documentation; and

2. Requiring the seller to sign a written declaration in the

form required by subsection E of Section 11-92 of this title; or

3. Obtaining proof that the seller is an exempted seller or an

employee of an exempted seller, as defined in Section 11-91 of this

title.

B. Scrap metal dealers shall not purchase any regulated items

which are not delivered in a motor vehicle.

C. The following items are regulated by the provisions of this

act:

1. Manhole covers, street signs, traffic signs, traffic

signals, including their fixtures and hardware, and highway guard

rails, or any other identifiable public property;

2. Electric light poles, including their fixtures and hardware,

electric transmission or distribution cable and wires, and any other

hardware associated with electric utility or telecommunication

systems;

3. Any copper wire, braided or single strand, insulated or not

insulated, that is four (4) gauge or larger in size;

4. Copper wire from which the actual or apparent insulation or

other coating has been burned, melted or exposed to heat or fire

resulting in melting some or all other insulation or coating;

5. Funeral markers, plaques or funeral vases;

6. Historical markers or public artifacts;

7. Railroad equipment;

8. Any metal item marked with any form of the name, initials or

logo of a governmental entity, utility, cemetery or railroad;

9. Condensing or evaporating coil including copper coil ends;

10. Aluminum or stainless steel containers or bottles designed

to contain fuel;

11. Metal beer kegs that are clearly marked as being the

property of the beer manufacturer;

12. Metal bleachers or other seating facilities used in

recreational areas or sporting arenas;

13. Automotive catalytic converters;

14. Machinery or supplies commonly used in the drilling,

completing, operating or repairing of oil or gas wells;

15. Stainless steel fittings and fixtures commonly used in the

operation of car wash facilities; and

16. Remote storage batteries.
Okla. Stat. tit. 2, § 2-1850.6 — OK Code / Title 2 / Section 2-1850.6
Renumbered as § 18-245 of this title by Laws 2001, c
Status: in_force

146, § 266, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-272 — OK Code / Title 2 / Section 2-6-272
Application of act
Status: in_force

The requirements, of this act shall apply to persons,

establishments, poultry, poultry products and other articles

regulated under the Federal Poultry Products Inspection Act only to

the extent provided for in Section 23 of said Federal Act.
Okla. Stat. tit. 2, § 2-8-36.1 — OK Code / Title 2 / Section 2-8-36.1
Definitions
Status: in_force

For the purposes of this subarticle, "fungicide" means any

substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any fungi or bacteria.
Okla. Stat. tit. 2, § 2-1908 — OK Code / Title 2 / Section 2-1908
Renumbered as § 11-27 of this title by Laws 2001, c. 146, § 260, emerg. eff. April 30, 2001. ... 771
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 39§ 260, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-10-30 — OK Code / Title 2 / Section 2-10-30
Premiums to junior exhibitors
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 484

A maximum of eighty-five percent (85%) of the funds appropriated

for the state-wide broiler show shall be used to pay premiums to

junior exhibitors.
Okla. Stat. tit. 2, § 2-10-10.4 — OK Code / Title 2 / Section 2-10-10.4
Administration by Board of Agriculture - Board
Status: in_force

authorized to accept gifts.

A. The Eucha-Spavinaw Management Act shall be administered and

enforced by the State Board of Agriculture and the Oklahoma

Department of Agriculture, Food, and Forestry pursuant to the

Poultry Act.

B. In addition to any legislative appropriation allocated to

the Board or Department for normal operations and duties, the Board

or Department is hereby authorized to accept any gift or donation of

property, including but not limited to monetary gifts, to carry out

the provisions of the Eucha-Spavinaw Management Act.
Okla. Stat. tit. 2, § 2-788.2 — OK Code / Title 2 / Section 2-788.2
Renumbered as § 8-32 of this title by Laws 2001, c. 146,
Status: in_force

§ 248, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-106 — OK Code / Title 2 / Section 2-106
Renumbered as § 15-81 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-3-84 — OK Code / Title 2 / Section 2-3-84
Declaration of pest – Rules - Requirements
Status: in_force

A. The Board shall have the authority to declare any form of

plant or animal life or virus which is injurious to plants, humans,

domestic animals, articles, or substances as a pest. The Board

shall have the authority to classify pesticide uses as being

general, restricted, or both, to determine standards of coloring or

discoloring for pesticides, and to subject pesticides to the

requirements of this section.

B. The Board shall promulgate appropriate rules for carrying

out the provisions of this section.

C. The Board shall, to the extent practical, create uniformity

between the requirements of Oklahoma and those prescribed by the

Federal Insecticide, Fungicide and Rodenticide Act, as amended.
Okla. Stat. tit. 2, § 2-20-61 — OK Code / Title 2 / Section 2-20-61
Suspension, revocation, or nonrenewal of license
Status: in_force

A. 1. The State Board of Agriculture shall have the power to

suspend, revoke or not renew the license of any animal feeding

operation after a hearing, and after an administrative determination

that the animal feeding operation has violated or has failed to

comply with any of the provisions of the Oklahoma Concentrated

Animal Feeding Operations Act, or any rule promulgated pursuant

thereto.

2. The Board shall have the power and duty to reinstate any

such suspended or revoked licenses, or renew the licenses, upon a

satisfactory and acceptable showing and assurance that the animal

feeding operation conducted animal feeding operations in conformity

with, and in compliance with, the provisions of the Oklahoma

Concentrated Animal Feeding Operations Act and rules promulgated

pursuant thereto, and that such conformity and compliance will be

continuous.

B. In order to protect the public health and safety and the

environment of this state, the Board, pursuant to the Oklahoma

Concentrated Animal Feeding Operations Act, may deny issuance of a

license or transfer of a license to establish and operate an animal

feeding operation to any person or other legal entity which:

Oklahoma Statutes - Title 2. Agriculture Page 741

1. Is not in substantial compliance with a final agency order

or any final order or judgment of a court of record secured by any

state or federal agency relating to animal feeding operations; or

2. Has evidenced a reckless disregard for the protection of the

public and the environment as demonstrated by a history of

noncompliance with environmental laws and rules resulting in

endangerment of human health or the environment.

C. Any action taken in regard to the denial, suspension or

revocation of a license shall be in conformity with the rules of the

Board governing Administrative Procedures and the Administrative

Procedures Act.
Okla. Stat. tit. 2, § 2-6-268 — OK Code / Title 2 / Section 2-6-268
Detention of products
Status: in_force

Whenever any poultry product, or any product exempted from the

definition of a poultry product, or any dead, dying, disabled or

diseased poultry is found by any authorized representatives of the

Board upon any premises where it is held for purposes of, or during

or after distribution in intrastate commerce, and there is reason to

believe that any such article is adulterated or misbranded and is

capable of use as human food, or that it has not been inspected, in

violation of the provisions of this act or of any other state or

federal law, or that it has been, or is intended to be, distributed

in violation of any such provisions, it may be detained by such

representative for a period not to exceed twenty (20) days, pending

Oklahoma Statutes - Title 2. Agriculture Page 300

action under Section 19 of this act or notification of any federal,

state, or other governmental authorities having jurisdiction over

such article or poultry, and shall not be moved by any person from

the place at which it is located when so detained, until released by

such representative. All official marks may be required by such

representative to be removed from such article or poultry before it

is released unless it appears to the satisfaction of the Board that

the article or poultry is eligible to retain such marks.
Okla. Stat. tit. 2, § 2-8-85.5 — OK Code / Title 2 / Section 2-8-85.5
Registration - Fee - Penalties
Status: in_force

A. Each soil amendment product shall be registered with the

State Board of Agriculture before it is distributed in this state.

Application for registration shall be submitted to the Board, on a

form, showing the information required on the label, as provided in

Oklahoma Statutes - Title 2. Agriculture Page 424

Section 8-85.4 of this title and rules promulgated pursuant thereto,

except net weight of product.

B. The registration fee shall be One Hundred Dollars ($100.00)

for each product.

C. All registrations shall expire on December 31 of the year

for which the soil amendment product is registered.

D. The applicant shall submit with the application for

registration a copy of the label and a copy of all advertisements,

brochures, posters, and television and radio announcements to be

used in promoting the sale of the soil amendment.

E. If the Board finds any soil amendment product that has not

been registered, the registration was falsely submitted, or the

registration was late, the Board may establish and assess a penalty.

The penalty shall be assessed per product and be added to the

registration fee and payment shall be made within thirty (30) days

after receipt of notice.
Okla. Stat. tit. 2, § 2-20-21 — OK Code / Title 2 / Section 2-20-21
Liquid swine waste management systems - Location
Status: in_force

Except as otherwise provided by Section 20-19 of this title and

subsection I of this section, swine feeding operations using liquid

swine waste management systems and housing swine in roof-covered

structures shall not be located within the following applicable

distances from an occupied residence:

B. Except as otherwise provided by Section 20-19 of this title

and subsection I of this section, new swine feeding operations

Oklahoma Statutes - Title 2. Agriculture Page 707

established on or after November 1, 2011, using liquid swine waste

management systems and housing swine in roof-covered structures

shall not be located within three (3) miles from the outside

boundary of any area or facility with an average annual registered

attendance of not less than two thousand (2,000) people and owned or

operated as a camp or recreational site by a nonprofit organization

established prior to application of the swine feeding operation.

C. Except as otherwise provided by Section 20-19 of this title

and subsection I of this section, new swine feeding operations

established on or after November 1, 2011, using liquid swine waste

management systems and housing swine in roof-covered structures

shall not be located within one (1) mile from the outside boundary

of any area or facility with an average annual registered attendance

of less than two thousand (2,000) people and owned or operated as a

camp or recreational site by a nonprofit organization established

prior to application of the swine feeding operation.

D. Except as otherwise provided by this section, no licensed

managed feeding operation which applies for a new or expanding

concentrated swine feeding operation license shall be located within

three (3) miles of the outside boundary of any area or facility

owned or operated as a camp or recreational site by a nonprofit

organization established prior to application of the concentrated

swine feeding operation.

E. 1. In determining whether any such area or facility is a

camp or recreational site, the State Board of Agriculture shall

consider:

a. whether a reasonable person, after considering the

totality of the circumstances, would determine that

the area or facility is predominately used for camping

or recreational purposes,

b. the type of permanent structures or fixtures of a

recreational nature located on the land,

c. the frequency with which the site is used for

recreational purposes,

d. the types of activities which are conducted or engaged

in on the site, and

e. any other factors the Board deems directly relevant to

the question of whether a site is recreational in

nature.

2. The setbacks contained in subsections B, C and D shall apply

only if the property was owned or leased by such organization prior

to the construction or establishment of the swine feeding operation.

F. The setback requirements contained in subsections A, B, C or

D of this section shall not apply to any property owner who executes

a written waiver with the owner or operator of the swine feeding

operation, under such terms and conditions as are agreed to by the

parties. The written waiver shall be effective upon recording of

Oklahoma Statutes - Title 2. Agriculture Page 708

the waiver in the office of the county clerk in the county in which

the property is located. The filed waiver shall preclude

enforcement of the setback requirements of subsection A, B, C or D

of this section with regard to property described in the waiver and

owned by the person executing the waiver. A change in ownership of

the applicable property or change in ownership of the property on

which the swine feeding operation is located shall not affect the

validity of the waiver.

G. No licensed managed feeding operation established after June

10, 1998, which applies for a new or expanding license shall be

located:

1. Within three (3) miles of any designated scenic river area

as specified by the Scenic Rivers Act;

2. Within three (3) miles of the outside boundary of any

historic property or museum owned by this state;

3. Within three (3) miles of a public drinking water well;

4. Within one (1) mile of a water body specified as outstanding

resource waters that has recreational or ecological significance as

outlined by the most current Oklahoma Water Quality Standards

promulgated by the Department of Environmental Quality; or

5. Within three (3) miles of a national park designated by the

United States Department of the Interior National Park Service.

H. All distances between occupied residences and swine feeding

operations shall be measured from the closest corner of the walls of

the occupied residence to the closest point of the nearest waste

facility, as determined by the Oklahoma Department of Agriculture,

Food, and Forestry. The property boundary line of the real property

is not used unless it coincides with the closest point of the waste

facility or occupied residence.

I. The provisions of this section shall not apply to any swine

feeding operation which has been licensed by or which had submitted

an application to the Department on or prior to March 9, 1998. In

addition, the provisions of this section shall not apply to any

swine feeding operation with a capacity of 2,000 swine animal units

or less which was established prior to June 1, 1998.
Okla. Stat. tit. 2, § 2-1104 — OK Code / Title 2 / Section 2-1104
Renumbered as § 18-53 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-756 — OK Code / Title 2 / Section 2-756
Renumbered as § 7-26 of this title by Laws 2001, c. 146, §
Status: in_force

247, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-361g — OK Code / Title 2 / Section 2-361g
Renumbered as § 17-8 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-6-280.11 — OK Code / Title 2 / Section 2-6-280.11
Suspension of plant approval - Denial or withdrawal of
Status: in_force

inspection service.

A. 1. Any plant approval given pursuant to the Oklahoma Rabbit

and Rabbit Products Inspection Act may be suspended by the

Department for:

a. failure to maintain a plant and equipment in a

satisfactory state of repair;

Oklahoma Statutes - Title 2. Agriculture Page 316

b. failure to maintain plant or equipment in a sanitary

manner on a continuing basis;

c. the use of operating procedure which are not in

accordance with the Oklahoma Rabbit and Rabbit

Products Inspection Act or regulations promulgated

thereto;

d. alterations of buildings, facilities, or equipment

which cannot be approved in accordance with the

Oklahoma Rabbit and Rabbit Products Inspection Act or

regulations promulgated thereto;

e. assault on an agency of the Board; or

f. failure to properly denature condemned and inedible

materials.

2. During such period of suspension, inspection service shall

not be rendered. However, the other provisions of the Oklahoma

Rabbit and Rabbit Products Inspection Act pertaining to providing

such service on a resident basis will remain in effect unless such

service is terminated in accordance with duly authorized regulations

promulgated by the Department. Upon suspension of inspection

service in an official plant, the plant approval shall also become

suspended, and all labels, seals, tags or packaging material bearing

official identification shall be destroyed, or the official

identification completely obliterated, or sealed in a manner

acceptable to the Department.

B. 1. The Board may refuse to provide, or withdraw, inspection

service with respect to any establishment if it determines, after

opportunity for a hearing is accorded to the applicant for, or

recipient of, such service, that such applicant or recipient is

unfit to engage in any business requiring inspection because the

applicant or recipient, or any person responsibly connected with the

applicant or recipient, has been convicted, in any federal or state

court of:

a. any felony, or

b. more than one violation of any law, other than a

felony, based upon the acquiring, handling, or

distributing of unwholesome, mislabeled, or

deceptively packaged food or upon fraud in connection

with transactions in food.

2. This section shall not affect in any way other provisions of

the Oklahoma Rabbit and Rabbit Products Inspection Act for

withdrawal of inspection services from establishments failing to

maintain sanitary conditions or to destroy condemned carcasses,

parts, meats or meat food products.

3. For the purpose of this subsection, a person shall be deemed

to be responsibly connected with the business if he was a partner,

officer, director, holder, or owner of ten percent (10%) or more of

its voting stock or employee in a managerial or executive capacity.

Oklahoma Statutes - Title 2. Agriculture Page 317

The determination and order of the Board with respect thereto

pursuant to this section shall be final and conclusive unless the

affected applicant for, or recipient of, inspection service files

application for judicial review within thirty (30) days after the

effective date of such order in the appropriate court. Judicial

review of any such order shall be upon the record upon which the

determination and order are based.
Okla. Stat. tit. 2, § 2-9-45 — OK Code / Title 2 / Section 2-9-45
Administration - Cessation of assessments - Claims for losses - Reimbursement of General
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 17losses - Reimbursement of General Revenue Fund - Civil action

claims.

A. The State Department of Agriculture shall administer the

Oklahoma Commodity Storage Indemnity Fund. The Indemnity shall be

established for the benefit of producers who have delivered

commodities to a chartered or licensed public warehouse for storage.

The Indemnity shall compensate producers for losses to their

commodity while it is in the control of a chartered or licensed

public warehouse, except losses covered by insurance as provided in

Section 9-26 of this title. No producer shall be eligible for

compensation or reimbursement as the result of a loss on any

commodity when the title to the commodity has been transferred to

the warehouseman.

B. When the Indemnity reaches Six Million Dollars

($6,000,000.00), the two-mill assessment shall cease at the end of

that harvest season as determined by the Board. If the balance of

the Indemnity becomes less than Six Million Dollars ($6,000,000.00),

the two-mill assessment shall be reinstituted on an annual basis as

necessary to attain a balance of Six Million Dollars ($6,000,000.00)

in the Indemnity. The Department shall have authority to invest the

assessments. All proceeds of the investment shall be placed in the

Indemnity. Fifty Thousand Dollars ($50,000.00) from the interest

income for each year on the total proceeds in the Indemnity shall be

paid to the Department annually for the conducting of warehouse

examinations necessary for the protection of the Indemnity. The

balance of the accrued interest each year may not be utilized for

any purposes not listed in this subarticle and shall remain a part

of the Indemnity.

C. When a loss is incurred upon the commodity of a producer

delivered to a warehouseman or after receipt of the notice pursuant

to Section 9-24 of this title, the producer shall present his or her

claim to the State Board of Agriculture. To verify the claim, the

producer shall present a receipt or any additional evidence required

by the Board. All producer claim payments shall be made by the

Board from the Indemnity as soon as practicable and not later than

one (1) year following the date of claim. The price per bushel of a

commodity shall be established on the day of the loss or seizure and

shall be for the full market value on that day less storage or other

applicable charges. If there is an insufficient amount of cash in

the Indemnity to cover all claims for a certain year, payments shall

Oklahoma Statutes - Title 2. Agriculture Page 444

be made on a pro rata basis up to one hundred percent (100%) of the

total loss of each producer. If payment is not received in the

amount of one hundred percent (100%) of total loss for a certain

year, then additional amounts shall be paid as funds become

available in succeeding years until repayment of one hundred percent

(100%) of total loss is attained. If, at any time, a producer

receives payment totaling more than one hundred percent (100%) of

total loss, the excess payment shall be returned to the Indemnity

within thirty (30) days. Upon final payment of a claim to a

producer from the Indemnity, the producer shall subrogate his or her

interest to the Department in a cause of action against any and all

parties, to the amount of the loss that the producer was reimbursed

by the Indemnity.

D. The producer shall, within sixty (60) days of the order of

the Board establishing the date of loss, present the claim to the

Board. Producers may submit a written request to the Board for a

sixty-day extension of the filing period, if the producers can show

they were not provided notification and reasonable time to file

their claim. If the claim of loss is not presented within the time

and in the manner required, the claim shall be forever barred and

the producer shall forfeit all rights to remuneration or payment as

provided in the Public Warehouse and Commodity Indemnity Act.

E. If state funds are appropriated to the Indemnity, the Board

shall establish the rules and procedures necessary to ensure that

the State General Revenue Fund shall be reimbursed from the

assessments in an amount equal to the total appropriation made to

the Indemnity. The reimbursement shall be made in a timely manner,

provided the intents and purposes of this section to compensate

producers for their losses shall not be adversely affected.

F. The monies deposited in the Indemnity shall at no time

become part of the general budget of any state board, commission, or

agency except the Department.

G. The Commissioner of the State Department of Agriculture

shall investigate all potential civil action claims against a failed

warehouse, the warehouseman, and any officers, directors and

managers for recovery of any losses paid by the Indemnity.
Okla. Stat. tit. 2, § 2-6-135 — OK Code / Title 2 / Section 2-6-135
Restrictions on biological products
Status: in_force

No biological products, including but not limited to antigens,

used to immunize, test, or treat livestock or animals for foreign

animal diseases shall be manufactured, produced, transported,

distributed, sold, offered for sale, or possessed in this state

unless the biological product has been licensed or permitted by the

United States Department of Agriculture, and approved by the State

Veterinarian. Biological products shall be administered or used

only by those persons approved by the State Veterinarian.
Okla. Stat. tit. 2, § 2-6-2 — OK Code / Title 2 / Section 2-6-2
Official livestock and poultry disease control agency -
Status: in_force

Authority of State Veterinarian.

A. The State Board of Agriculture shall be the official

livestock and poultry disease control agency of the State of

Oklahoma. The Board shall have authority to promulgate and enforce

rules governing the handling, sale, and use of vaccines, antigens,

and other biological products used in connection with livestock or

poultry.

B. In addition to other statutory authority, the State

Veterinarian, upon obtaining concurrence of the State Board of

Agriculture, may issue emergency orders governing animals in order

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

pests of animals, including the following to:

1. Prohibit or impose conditions on importing animals into the

state;

Oklahoma Statutes - Title 2. Agriculture Page 243

2. Require testing of animals;

3. Require vaccination or other treatment of animals;

4. Prohibit or impose conditions on moving animals within the

state;

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

determine the precise location of a foreign animal disease in

accordance with foreign animal disease response plans;

6. Govern the disposition of animals; and

7. Impose other measures governing animals to protect the

citizens and animals of the state from diseases and pests of

animals.

C. Emergency orders issued pursuant to this section shall

expire on the date set in the order or upon the elapse of ninety

(90) days; however, the State Veterinarian may renew the order for

successive ninety–day periods.

D. Any person providing training for the emergency management

of livestock or other animals for any circumstance, including, but

not limited to, disease, natural disaster, fire or other event,

shall obtain approval from the State Veterinarian. The State

Veterinarian shall review all curriculum and may require changes to

the curriculum prior to approval of the person providing the

training.
Okla. Stat. tit. 2, § 2-98 — OK Code / Title 2 / Section 2-98
Renumbered as § 15-59 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-10-9.11 — OK Code / Title 2 / Section 2-10-9.11
Violations - Criminal and administrative penalties -
Status: in_force

Injunctions.

A. 1. Any person violating the provisions of the Oklahoma

Registered Poultry Feeding Operations Act shall, upon conviction, be

guilty of a misdemeanor and may be punished by a fine not to exceed

One Thousand Dollars ($1,000.00).

2. Any owner or operator who fails to take such action as may

be reasonable and necessary to avoid pollution of any stream, lake,

river, or creek, except as otherwise provided by law, or who

violates any rule adopted by the State Board of Agriculture to

prevent water pollution from poultry feeding operations pursuant to

this act shall, upon conviction, be guilty of a misdemeanor

punishable for each violation by a fine not less than Five Hundred

Dollars ($500.00) nor more than Ten Thousand Dollars ($10,000.00),

imprisonment in the county jail for not more than six (6) months, or

by both such fine and imprisonment.

3. The Attorney General or the district attorney of the

appropriate district court of this state may bring an action in a

court of competent jurisdiction for the prosecution of a violation

by any person of a provision of the Oklahoma Registered Poultry

Feeding Operations Act or any rule promulgated thereunder.

B. 1. In addition to the criminal penalties specified by this

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

may take one or more of the following actions:

a. assess an administrative penalty pursuant to Section

2-18 of this title for each day of noncompliance

related to administrative violations including but not

limited to late filing of paperwork or incomplete

paperwork,

Oklahoma Statutes - Title 2. Agriculture Page 471

b. assess an administrative penalty of Ten Thousand

Dollars ($10,000.00) for each day of noncompliance

with provisions of the user’s nutrient management plan

that has led to pollution of any stream, lake, river,

or creek, or

c. bring an action for injunctive relief granted by a

district court.

2. A district court may grant injunctive relief to prevent a

violation of, or to compel compliance with, any of the provisions of

the Oklahoma Registered Poultry Feeding Operations Act or any rule

promulgated thereunder or order, registrations, and certificates

issued pursuant to the Oklahoma Registered Poultry Feeding

Operations Act.

3. Nothing in this section shall preclude the Department from

seeking penalties in district court in the maximum amount allowed by

law. The assessment of penalties in an administrative enforcement

proceeding shall not prevent the subsequent assessment by a court of

the maximum criminal penalties for violations of the Oklahoma

Registered Poultry Feeding Operations Act.

4. Any person assessed an administrative penalty may be

required to pay, in addition to such penalty amount and interest

thereon, attorney fees and costs associated with the collection of

such penalties.

5. Any administrative penalty required to be paid pursuant to

the provisions of this subsection shall be used to fund enforcement

of the Oklahoma Registered Poultry Feeding Operations Act.

C. 1. Any action for injunctive relief to redress or restrain

a violation by any person of the Oklahoma Registered Poultry Feeding

Operations Act, or for any rule promulgated thereunder, or order

issued pursuant thereto, or recovery of any administrative penalty

assessed pursuant to the Oklahoma Registered Poultry Feeding

Operations Act may be brought by:

a. the district attorney of the appropriate district

court of this state,

b. the Attorney General on behalf of this state, or

c. the Department on behalf of this state.

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

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

limited to, mandatory or prohibitive injunctive relief.

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

attorney if requested by the Commissioner of Agriculture to bring

such actions.

D. Except as otherwise provided by law, administrative and

civil penalties shall be paid into the Agriculture Regulation

Revolving Fund.

Oklahoma Statutes - Title 2. Agriculture Page 472

E. For the purposes of the Oklahoma Registered Poultry Feeding

Operations Act, each day upon which a violation is committed or is

permitted to continue shall be deemed a separate offense.

F. 1. Any contract poultry grower determined after notice and

opportunity for a hearing by the Department as flagrantly

disregarding Best Management Practices shall result in the

Department notifying the integrator in writing. Notice provided to

the integrator shall detail any remediation, education, or other

measures the grower is required to take to prevent the furtherance

of the violation and to prevent future violations. Upon receipt of

such notice, the integrator shall respond, as prescribed by the

Department, that a producer has received the notice and will work

with the grower to ensure compliance is achieved within thirty (30)

days. If the grower fails to achieve compliance of the terms of the

notice within thirty (30) days, the integrator shall submit

correspondence to the Department detailing additional measures to

assist the grower to achieve compliance. If the Department does not

approve these additional measures or if they are approved and are

not achieved within the timeline approved by the Department, the

integrator shall issue a notice of suspension-of-delivery of birds

to the grower within thirty (30) days, or give ninety (90) days’

notice of termination of the integrator-producer relationship to the

producer within thirty (30) days.

2. The Department may extend the time periods for compliance

pursuant to this subsection upon the request of an integrator. An

integrator who fails to comply with the provisions of this

subsection shall be assessed an administrative penalty pursuant to

Section 2-18 of this title.

3. Nothing provided in response to or in association with a

notice given pursuant to this subsection may be used as evidence to

establish an employer-employee relationship between a grower and the

integrator with whom the grower contracts.

G. The Department shall notify all integrators of any

violations assessed against an operator who is under a contract

growing arrangement with that integrator and, upon the written

request of the integrator, notify that integrator of all violations

assessed against an operator with whom the integrator contemplates

entering into a contract.

H. In addition to other penalties as may be imposed by law, any

person who knowingly makes any false statement, representation or

certification form, notice or report, or who knowingly renders

inaccurate any monitoring device or method required to be maintained

by any rule promulgated by the State Board of Agriculture, shall,

upon conviction, be guilty of a misdemeanor and may be subject to a

fine not more than Five Thousand Dollars ($5,000.00) for each such

violation.

Oklahoma Statutes - Title 2. Agriculture Page 473

I. Land application of poultry litter in compliance with a

current Nutrient Management Plan shall not be the basis for criminal

or civil liability in this state, whether relating to that single

plan, or aggregated with the application of poultry waste pursuant

to other Nutrient Management Plans. An administrative violation

shall not be the basis for a criminal or civil action, nor shall any

alleged violation be the basis for any private right of action, nor

any action other than enforcement of the terms of the Nutrient

Management Plan and other sections of this title by the Oklahoma

Department of Agriculture, Food, and Forestry. A current plan means

a plan approved by the Oklahoma Department of Agriculture, Food, and

Forestry that has not been revoked or rescinded by the state or

suspended by a more recent plan.

1. The provisions of this subsection shall apply both directly

and vicariously to the integrator with whom a contract poultry

grower contracts, and to any poultry grower, operator, contractor

of, or employee for a certified poultry waste applicator or a

poultry waste owner’s agent, as long as the land application is

performed pursuant to and in compliance with the current Nutrient

Management Plan.

2. Compliance with a current Nutrient Management Plan, as

determined by the Oklahoma Department of Agriculture, Food, and

Forestry, shall create a presumption that no violation of this

section has occurred and shall insulate the poultry grower,

integrator, and waste applicator from any private right of action

and shall constitute express authority for purposes of Section 4 of

Title 50 of the Oklahoma Statutes.

3. Nothing in this subsection shall be construed to restrict

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

exclusive authority from enforcing the terms of Nutrient Management

Plans or the Department’s authority to enforce the Oklahoma

Registered Poultry Feeding Operations Act and the Oklahoma Poultry

Waste Applicators Certification Act.

4. Nothing in this subsection shall be construed to prohibit a

civil action as otherwise provided by law for any damages caused by

a violation of a Nutrient Management Plan. A civil action shall

only be filed upon the completion of an enforcement action by the

State Board of Agriculture.
Okla. Stat. tit. 2, § 2-18-251 — OK Code / Title 2 / Section 2-18-251
Referendum on assessments
Status: in_force

A. Sorghum producers may petition for a referendum to determine

if the assessment is to be continued, at any time. The President of

the State Board of Agriculture shall call and conduct a referendum

if the petitions bear signatures of ten percent (10%) of the sorghum

producers. No more than one referendum shall be conducted in any

one thirty-six-month period. The Oklahoma Department of

Agriculture, Food, and Forestry shall determine if the petition

bears the required number of valid signatures. The President shall

announce the referendum at least thirty (30) days prior to the day

of voting. At least thirty (30) days before the referendum, the

Department shall mail a notice of the referendum to all known

sorghum producers in the State of Oklahoma who market sorghum in

commercial quantities. The notice shall specify the dates, times,

and places for holding the referendum, and shall include a sample

ballot with the following wording:

DO YOU FAVOR A CONTINUATION OF THE ONE CENT ($0.01) PER BUSHEL

ASSESSMENT ON SORGHUM MARKETED IN OKLAHOMA FOR UTILIZATION,

RESEARCH, EDUCATION, PROMOTION, AND MARKET DEVELOPMENT?

YES ( ) NO ( )

B. Places within each county for conducting the referendum

shall be designated by the Agricultural Extension Division of

Oklahoma State University, and voting in each county shall be

supervised by the county agricultural extension agent, or person

designated by the Department. The Oklahoma Sorghum Commission shall

ensure sufficient ballots and supplies necessary for the conduct of

the voting and tabulation of returns. Certified results of the

referendum in each district shall be transmitted within twenty-four

(24) hours after voting ends to the President, and the ballots shall

be transmitted to the President within forty-eight (48) hours.

Ballots shall be preserved by the President for a period of at least

three (3) months.

C. 1. The results of the referendum shall be determined by the

President, and the results certified to the Governor who shall issue

a proclamation declaring the results.

2. The Commission shall bear expenses of advertising and

conducting the referendum.

D. Whenever the question of levying the assessments is

disapproved, by failure of sixty percent (60%) of the sorghum

producers voting in the referendum to favor continuation of the

assessments, the proclamation declaring the result shall provide for

the termination of the assessments on April 30, following the date

of the referendum.
Okla. Stat. tit. 2, § 2-5-94 — OK Code / Title 2 / Section 2-5-94
Powers and duties of Council
Status: in_force

A. The Oklahoma International Trade Development Council shall

have the power and duty to:

1. Assist and encourage economic prosperity and employment

throughout this state by promoting the expansion of international

exports of Oklahoma agricultural products and livestock;

2. Cooperate in conjunction with other organizations, public

and private, the objectives of which are the promotion and

advancement of export trade activities in the state;

3. Make recommendations regarding the establishment of a source

of funding credit guarantees and insurance to support export

development, particularly to small- and medium-sized businesses; and

4. Advise exporters and other groups regarding barter

agreements between exporters of Oklahoma agricultural, livestock, or

manufactured goods and groups in other counties and to facilitate

contributions of Oklahoma agricultural and livestock products to

areas of the world experiencing food shortages.

B. The Oklahoma International Trade Development Council shall

seek advice from the general public, professional associations,

academic groups and institutions, and individuals with the knowledge

and interest in areas of economic development and planning regarding

international export of Oklahoma agricultural products and

livestock, and agricultural market development.

C. All state agencies shall cooperate with the Oklahoma

International Trade Development Council in providing information and

other assistance as requested for the performance of Council duties.

Oklahoma Statutes - Title 2. Agriculture Page 224

D. The Oklahoma International Trade Development Council shall

utilize, seek to enhance, and support the continuing economic

analysis and information services provided by the public and private

higher education institutions of this state.
Okla. Stat. tit. 2, § 2-104 — OK Code / Title 2 / Section 2-104
Renumbered as § 15-65 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 748
Okla. Stat. tit. 2, § 2-4-7 — OK Code / Title 2 / Section 2-4-7
Publication of revised book - Reregistration - Fees -
Status: in_force

Copies to officials.

Oklahoma Statutes - Title 2. Agriculture Page 164

A. The statewide livestock organization shall publish a revised

State Brand Book at least every five (5) years. Supplements may be

published as necessary.

B. Prior to publication of a revised State Brand Book all

registered brand owners and assignees shall be notified in writing

that the brand registrations are being terminated.

C. The organization shall set a reasonable renewal fee for the

registration of each brand for the ensuing five-year period or

fraction thereof.

D. The State Brand Book and supplements shall be available to

the public at a price commensurate with the cost of preparation,

printing, and delivery thereof. Upon written request the

organization shall provide without charge all brand books and

supplements to the county clerk and sheriff of each county, any

inspection agency, any livestock association, or any entity approved

by the organization.
Okla. Stat. tit. 2, § 2-5-303 — OK Code / Title 2 / Section 2-5-303
Definitions
Status: in_force

For purposes of the Oklahoma Organic Food Act:

1. “Certification or certified” means a determination made by a

certifying agent that a production or handling operation is in

compliance with this subarticle and rules promulgated pursuant

thereto;

Oklahoma Statutes - Title 2. Agriculture Page 235

2. “Certificate of Organic Production” means an official

document issued by an accredited certifying agent to document the

certification of a production or handling operation;

3. “Certifying agent” means a person accredited by the

Secretary of the United States Department of Agriculture (USDA) to

certify a producer or handler for the purposes of the Oklahoma

Organic Food Act or the Organic Food Production Act of 1990, as

amended and rules promulgated pursuant thereto;

4. “Certified operation” means a crop or livestock production,

wild-crop harvesting, or handling operation, or portion of an

operation that is certified by an accredited certifying agent as

utilizing a system of organic production or handling as described by

the Oklahoma Organic Food Act or the Organic Food Production Act of

1990, as amended and the rules promulgated pursuant thereto;

5. “Organic food” means edible consumer products produced,

processed, packaged, and handled under a system of organic

production;

6. “Organic production” means a production system that is

managed in accordance with the Oklahoma Organic Food Act and rules

promulgated pursuant thereto or the Organic Food Production Act of

1990, 7 U.S.C., Section 6501 et seq., as amended, to respond to

site-specific conditions by integrating cultural, biological, and

mechanical practices that foster recycling of resources, promote

ecological balance, and conserve biodiversity; and

7. “Producer” means a person who engages in the business of

planting, growing, or harvesting food, fiber, feed, and other

agricultural-based consumer products.
Okla. Stat. tit. 2, § 2-15-116 — OK Code / Title 2 / Section 2-15-116
President of board - Secretary - Custodian of funds
Status: in_force

A. The president of the board of directors shall be the

presiding officer of the board and shall:

1. Perform the usual duties incumbent upon such officer; and

2. Ensure compliance with all orders of the board.

B. The secretary of the board shall be the recording officer

and shall:

1. Keep and have supervision over all records;

2. File and safely keep all documents of the agricultural and

industrial exposition and fair;

3. At all times be subject to the order and direction of the

board of directors; and

4. Perform all duties imposed upon him or her by the board of

directors compatible with the duties of such office.

C. The county treasurer shall be the custodian of all funds.

All receipts and revenue set apart for the benefit of and belonging

to such agricultural and industrial exposition and fair shall be

currently deposited with the county treasurer. All disbursements of

revenue shall be made through the county treasurer in the manner and

form as provided in Section 15-121 of this title.
Okla. Stat. tit. 2, § 2-1113 — OK Code / Title 2 / Section 2-1113
Renumbered as § 18-62 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.Oklahoma Statutes - Title 2. Agriculture Page 34
Okla. Stat. tit. 2, § 2-3-86 — OK Code / Title 2 / Section 2-3-86
Denial, suspension, cancellation, revocation or nonrenewal
Status: in_force

of license, certificate or identification – Violations - Penalties.

A. It shall be unlawful for any person, whether or not they

hold a commercial or noncommercial license, to violate any part of

this subsection or rules promulgated by the State Board of

Agriculture. Any license, certificate, or identification issued may

be suspended, canceled, revoked, or refused issue or reissue by the

Board after a notice and an opportunity to be heard has been given

to the holder of the license or certificate. The suspension,

cancellation, revocation, or refusal to issue or reissue any

license, certificate, or identification may be made if the Board

finds:

1. A person has made misrepresentations for the purpose of

defrauding, or has not satisfactorily performed, without proper

cause, any contract into which the person entered;

2. A person has negligently used methods or pesticides that are

ineffective or improper for the purpose for which they have been

employed;

3. A person has operated in a negligent manner, thereby causing

a pesticide to drift off-target;

4. A person has used a pesticide in a manner inconsistent with

its labeling unless prior written approval has been obtained from

the Board;

5. Failure or refusal to furnish the Board, upon request, true

information regarding methods, pesticides, and safety measures used,

work performed, or other information required by the Board, or for

making any false statement or representation in the person's

application for issuance or renewal of a permit;

6. Any violation of state law or rules or standards prescribed

by the Board;

7. The issuance of an inaccurate, misleading, or fraudulent

wood infestation report;

8. Failure or refusal to keep and maintain complete and

accurate records as specified in this subarticle;

9. Advertising or offering to perform in a category of

pesticide application for which no license is held or under a name

for which no license is held;

10. Failure or refusal to pay by the specified date any fees,

fines, or penalties authorized under this subarticle;

11. Failure to explain in writing in a contract signed by the

property owner the ways that a pesticide application fails to comply

with any minimum requirements or standards authorized by this

article;

Oklahoma Statutes - Title 2. Agriculture Page 136

12. Failure to perform work according to minimum standards

authorized by this subarticle except as agreed by all parties in

writing in the contract;

13. Falsely stating that a person is employed by or represents

another person;

14. Falsely stating that a person or methods are recommended by

any branch of government or that any specific work shall be

inspected by any branch of government;

15. Any person to act, operate, do business, or advertise as an

applicator unless the person has obtained a valid license issued by

the Board for the category in which the person is engaged;

16. Any persons to be employed or represent themselves as

certified applicators or service technicians unless they have met

the certification standards prescribed by the Board and obtained

valid certificates or identifications issued by the Board for the

categories for which the persons are to be employed or supervised;

17. Any person to act or operate as a private applicator unless

the person has obtained a valid private applicator license issued by

the Board;

18. Any person convicted in any court of a violation of this

subarticle, pesticide laws of any other state, or the Federal

Insecticide Fungicide and Rodenticide Act;

19. Failure to correct substandard work within twenty (20)

calendar days of written notification unless an extension has been

granted in writing by the Board;

20. Failure to comply with the Worker Protection Standard as

defined in the Code of Federal Regulations 40 CFR 170;

21. Failure to comply with the provisions of a citation, stop

work order, or stop sale order issued by the Board; or

22. Any other proper cause.

B. Any person, holder or nonholder of a valid license violating

any of the provisions of this subarticle shall be guilty of a

misdemeanor and shall be punishable by a fine of not less than One

Hundred Dollars ($100.00) and not more than Ten Thousand Dollars

($10,000.00), imprisonment in the county jail for not less than

thirty (30) days and not more than one (1) year, or both.

C. It shall be unlawful for any person, whether or not a person

holds a permit as a manufacturer, registrant, or distributor, to

distribute, sell, or offer for sale within this state, deliver for

transportation or transport in intrastate or interstate commerce, or

to violate any part of this subarticle or rules promulgated by the

Board. Any pesticide registration, permit, certificate, or

identification issued may be suspended, canceled, revoked, or

refused reissue by the Board after a notice and opportunity to be

heard has been given to the holder of the registration, permit,

certificate, or identification. Notice shall be given to the holder

of the registration, permit, certificate, or identification by

Oklahoma Statutes - Title 2. Agriculture Page 137

registered or certified mail at least ten (10) days prior to the

date of hearing. The suspension, cancellation, revocation, or

refusal to reissue any registration, permit, certificate or

identification may be made if the Board finds that:

1. A pesticide or device which has not been registered pursuant

to the provisions of this subarticle, or any of the claims made for

it or any of the directions for its use differ in substance from the

representations made in connection with its registration, or if the

composition differs from its composition as represented in

connection with its registration. At the discretion of the Board, a

change in the labeling or formula may be made within a registration

period without requiring reregistration of the product;

2. A pesticide unless it is in the registrant’s or the

manufacturer’s unbroken original container, does not have a clear

and readable label affixed to the original container and to the

outside container or wrapper of the retail package, the following

information:

a. the name and address of the manufacturer, registrant,

or person for whom manufactured,

b. the name, brand, or trademark under which the article

is sold, and

c. the net weights or measures of the content subject to

reasonable variations as the Board shall permit;

3. In addition to any other requirement any pesticide

containing a substance in quantities highly toxic to humans, that

does not bear a label containing:

a. the skull and crossbones,

b. the word “DANGER” prominently in red, on a background

of distinctly contrasting color, and

c. a statement of an antidote for the pesticide;

4. An adulterated or misbranded pesticide or device;

5. That any person intends to or has distributed, sold, stored,

or used any pesticide or device in a manner inconsistent with its

labeling;

6. That any person has sold or offered for sale any pesticide

or device which has been canceled, suspended, or placed under stop

sale except when the Board directs the sale of unused quantities of

pesticides whose registrations have been canceled or suspended;

7. A pesticide dealer has sold, offered for sale, or

distributed within this state any pesticide without first obtaining

a valid pesticide dealer's permit in the appropriate category issued

by the Board;

8. A pesticide dealer has failed or refused to keep accurate

and complete records, as required by the Board, for a period of at

least two (2) years at each business location;

Oklahoma Statutes - Title 2. Agriculture Page 138

9. A pesticide dealer has failed or refused to provide true and

complete information to the Board, upon request, regarding pesticide

sales, or other information required by the Board;

10. A person has made any false statement or representation in

the person’s application for issuance or renewal of a permit;

11. A person has failed or refused to pay by the specified date

any fees, fines, or penalties authorized under the Oklahoma

Agricultural Code;

12. A person has failed to comply with the provisions of a

citation, stop work order, or stop sale order issued by the Board;

13. A person has detached, altered, defaced, or destroyed, in

whole or in part, any label or labeling provided for in this

subarticle or in rules promulgated by the Board, and added any

substance to or taken any substance from a pesticide in a manner

that may defeat any of the purposes of this subarticle;

14. A person has used any information concerning formulas for

products acquired by authority of this subarticle for personal

advantage or revealed such information to another, other than to the

Board or proper officials or employees of the state, to the courts

of this state in response to a subpoena, physicians, or in

emergencies to pharmacists and other qualified person, for use in

the preparation of antidotes;

15. A person has violated the state law or rules promulgated by

the Board pursuant thereto;

16. Any person has been convicted in any court of a violation

of this act, pesticide laws of any other state, or Federal

Insecticide Fungicide and Rodenticide Act; or

17. A person determined by the Board to have violated any

provision of this subarticle or rules promulgated by the Board.

D. If after notice and an opportunity for hearing in accordance

with the Administrative Procedures Act, the Board finds any person

to be in violation of any of the provisions of this subarticle or

rules promulgated by the Board, the Board has the authority to

assess an administrative penalty of not less than One Hundred

Dollars ($100.00) and not more than Ten Thousand Dollars

($10,000.00) for each violation. It shall also be unlawful and a

misdemeanor for any person, whether or not a commercial or

noncommercial license holder, to use a pesticide in a manner

inconsistent with its labeling unless prior written approval has

been obtained by the Board.

E. Except as provided for by law, any person, holder or non-

holder of a valid license, registration, permit, certificate, or

other identification issued by the Board violating any of the

provisions of this subarticle shall be guilty of a misdemeanor and

shall be punishable by a fine of not less than One Hundred Dollars

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

Oklahoma Statutes - Title 2. Agriculture Page 139

imprisonment in the county jail for not less than thirty (30) days

and not more than one (1) year, or both.
Okla. Stat. tit. 2, § 2-6-186 — OK Code / Title 2 / Section 2-6-186
Meat food products - Inspection - Access - Marking or
Status: in_force

stamping.

For the purposes hereinbefore set forth, the Board shall cause to

be made by inspectors appointed for that purpose an examination and

inspection of all meat food products prepared in any slaughtering,

meat-canning, salting, packing, rendering, or similar establishment,

where such articles are prepared for intrastate commerce and for the

purposes of any examination and inspection said inspectors shall

have access at all times, by day or night, whether the establishment

be operated or not, to every part of said establishment; and said

inspectors shall mark, stamp, tag, or label as "Oklahoma Inspected

and Passed" all such products found to be not adulterated; and said

inspectors shall label, mark, stamp, or tag as "Oklahoma Inspected

and Condemned" all such products found adulterated, and all such

condemned meat food products shall be destroyed for food purposes,

as hereinbefore provided, and the Board may remove inspectors from

any establishment which fails to so destroy such condemned meat food

products.
Okla. Stat. tit. 2, § 2-6-143 — OK Code / Title 2 / Section 2-6-143
Tuberculin tests - Refusal to comply - Quarantine
Status: in_force

The State Veterinarian or any accredited veterinarian directed

by the State Veterinarian, as defined by the United States

Department of Agriculture, upon reliable information that

tuberculosis exists in any animal in the state, may cause the

tuberculin test to be applied to the herd or group of animals.

Should the owner or owners refuse or neglect to comply with the

instructions of the examining veterinarian, the State Veterinarian

or the authorized agent of the State Veterinarian shall quarantine

the animals, and the quarantine shall prohibit the movement of any

animal or animal products from the premises.
Okla. Stat. tit. 2, § 2-10-9.19a — OK Code / Title 2 / Section 2-10-9.19a
Land application of poultry waste – Compliance with
Status: in_force

animal waste management and conservation plans.

Land application of poultry waste, whether performed by a

private or commercial poultry waste applicator, shall comply at all

times with the provisions set forth in:

1. The Nutrient Management Plan, if application is conducted on

land operated by a registered poultry feeding operation; and

2. The Conservation Plan, if application is conducted on land

operated by entities not regulated pursuant to the Oklahoma

Registered Poultry Feeding Operations Act and is located in a

nutrient-limited watershed.
Okla. Stat. tit. 2, § 2-3-215 — OK Code / Title 2 / Section 2-3-215
Weed-free certification – Inspection
Status: in_force

A. Any crop for which weed-free certification is sought shall

be inspected in the field of origin and the inspection shall include

an inspection of any ditches, fence rows, roads, easements, rights-

of-way, and buffer zones, as applicable, surrounding the field of

origin.

B. Crops containing any weeds designated as noxious may be

certified if certain conditions established in rules by the State

Board of Agriculture are met.
Okla. Stat. tit. 2, § 2-2018 — OK Code / Title 2 / Section 2-2018
Renumbered as § 11-42 of this title by Laws 2001, c. 146,
Status: in_force

§ 261, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-18-51 — OK Code / Title 2 / Section 2-18-51
Definitions
Status: in_force

For the purpose of the Oklahoma Peanut Act:

1. "Commission" means the Oklahoma Peanut Commission;

2. "Grower" means any natural person engaged in growing

peanuts;

3. "First purchaser" is any person, public or private

corporation, association or partnership buying or otherwise

acquiring after harvest the property in or to peanuts from a grower.

A mortgagee, pledgee, lienor or other person, public or private,

having a claim against the grower under a nonrecourse loan made

against such peanuts after harvest thereof shall be deemed a

purchaser. The term "first purchaser" shall not include a

harvesting or threshing lienee; and

4. "Sale" includes any pledge or mortgage of peanuts, after

harvest, to any person, public or private.
Okla. Stat. tit. 2, § 2-6-280.12 — OK Code / Title 2 / Section 2-6-280.12
Detention of certain rabbits and rabbit products
Status: in_force

A. Whenever any rabbit carcass, part of a carcass, rabbit meat

or rabbit product, or any dead, dying, disabled, or diseased rabbit

is found by any authorized representative of the Board upon any

premises where it is held for purposes of or during or after

distribution in intrastate commerce, and there is reason to believe

that any such article is adulterated or misbranded and is capable of

use as human food, or that it has not been inspected, in violation

of the provisions of the Oklahoma Rabbit and Rabbit Products

Inspection Act or of the Federal Meat Inspection Act or the Federal

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

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

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

not to exceed twenty (20) days, pending action pursuant to the

Oklahoma Rabbit and Rabbit Products Inspection Act or notification

of any federal authorities having jurisdiction over such article or

animal, and shall not be moved by any person, firm, or corporation

from the place at which it is located when so detained, until

released by such representative. All official marks may be required

by such representative to be removed from such article or animal

before it is released unless it appears to the satisfaction of the

Board that the article or animal is eligible to retain such marks.

B. 1. Any carcass, part of a carcass, meat or meat food

product of rabbits, or any dead, dying, disabled, or diseased

rabbits, that is being transported in intrastate commerce, or is

held for sale in this state after such transportation, and that:

a. is or has been prepared, sold, transported, or

otherwise distributed or offered or received for

distribution in violation of the Oklahoma Rabbit and

Rabbit Products Inspection Act,

b. is capable of use as human food and is adulterated or

misbranded, or

c. in any other way is in violation of the Oklahoma

Rabbit and Rabbit Products Inspection Act,

may be seized and condemned, at any time, on an information

filed in any proper court as provided in the Oklahoma Rabbit and

Rabbit Products Inspection Act within the jurisdiction of which the

article or animal is found. Any article or animal so condemned

Oklahoma Statutes - Title 2. Agriculture Page 318

shall, after entry of the decree, be destroyed or sold for court

costs, and storage and other fees. Any storage and other fees shall

be paid into the State Treasury. The article or animal shall not be

sold contrary to the provisions of the Oklahoma Rabbit and Rabbit

Products Inspection Act, or the Federal Meat Inspection Act or the

Federal Food, Drug, and Cosmetic Act.

2. Upon the execution and delivery of a good and sufficient

bond conditioned that the article or animal shall not be sold or

otherwise disposed of contrary to the provisions of the Oklahoma

Rabbit and Rabbit Products Inspection Act, or the laws of the United

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

delivered to the owner thereof subject to such supervision by

authorized representatives of the Board as is necessary to ensure

compliance with the applicable laws. When a decree of condemnation

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

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

shall be awarded against the person, if any, intervening as claimant

of the article or animal. The proceedings shall be at the suit of

and in the name of this state.

C. The provisions of this section shall in no way derogate from

authority for condemnation or seizure conferred by other provisions

of the Oklahoma Rabbit and Rabbit Products Inspection Act, or other

laws of this state.
Okla. Stat. tit. 2, § 2-2-4d — OK Code / Title 2 / Section 2-2-4d
Temporary employees
Status: in_force

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

employees employed by the Oklahoma Department of Agriculture, Food,

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

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

shall be unclassified. The Department may employ seasonal employees

throughout the calendar year.

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

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

number of workers employed under the provisions of this section and

the total wages paid to these employees.
Okla. Stat. tit. 2, § 2-16-81 — OK Code / Title 2 / Section 2-16-81
Volunteer Firefighter Employer Contribution Payment
Status: in_force

Revolving Fund.

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

Oklahoma Department of Agriculture to be designated the "Volunteer

Firefighter Employer Contribution Payment Revolving Fund". The

revolving fund shall be subject to legislative appropriation and

shall consist of all monies transferred to the fund and any other

monies designated for deposit to this revolving fund pursuant to

law.
Okla. Stat. tit. 2, § 2-1508 — OK Code / Title 2 / Section 2-1508
Renumbered as § 18-187 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-112 — OK Code / Title 2 / Section 2-15-112
Board of directors, how composed
Status: in_force

The board of directors of the fair association shall consist of

one member from each of the commissioners’ districts in the county.

If the county contains a city of over twenty thousand (20,000)

population, according to the last Federal Decennial Census, the

directors shall be elected from the rural parts of the

commissioners' districts only, and in addition thereto, two members

of the board shall be elected from the city.
Okla. Stat. tit. 2, § 2-1032 — OK Code / Title 2 / Section 2-1032
Renumbered as § 18-310 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-85.8 — OK Code / Title 2 / Section 2-8-85.8
Violations
Status: in_force

It shall be a violation of the Soil Amendment Act for any

person:

1. To distribute a soil amendment that is not registered with

the State Board of Agriculture;

2. To distribute a soil amendment that is not labeled;

3. To distribute a soil amendment that is misbranded;

4. To distribute a soil amendment that is adulterated;

Oklahoma Statutes - Title 2. Agriculture Page 425

5. To fail to comply with a stop sale, stop use, or removal

order; or

6. To violate any other provision of the Soil Amendment Act.
Okla. Stat. tit. 2, § 2-10-80 — OK Code / Title 2 / Section 2-10-80
Samples of lots or containers
Status: in_force

The State Board of Agriculture shall establish methods for

selecting samples which are representative of entire lots or

containers of eggs. Any sample inspected or official certificate of

the grade and size of the eggs by the Board shall be prima facie

evidence of the correct grade, size, and condition of the entire

lot.
Okla. Stat. tit. 2, § 2-5-60.16 — OK Code / Title 2 / Section 2-5-60.16
Preparation and distribution of ballots - Contents
Status: in_force

A. The certified organization shall prepare and distribute all

necessary ballots in advance of the referendum and election and

shall cause ballots to be available at all polling places.

Oklahoma Statutes - Title 2. Agriculture Page 196

B. The referendum provisions of the ballot shall specify a

maximum rate for the authorized assessment.

C. The election provisions of the ballot may be printed only

with the names of candidates who have filed valid petitions under

Section 5-60.15 of this title, but the ballot shall provide a space

for write-in votes.

D. The ballot shall provide a space for the voter to certify

the volume of the voter's production of the commodity during the

preceding year or other relevant production period, as designated on

the ballot.

E. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.
Okla. Stat. tit. 2, § 2-16-35 — OK Code / Title 2 / Section 2-16-35
Compact authorized - Form and provisions
Status: in_force

The Governor, on behalf of this state, is authorized to execute

a compact, in substantially the following form, with any one or more

of the states of Arkansas, Louisiana, Mississippi, and Texas, and

the Legislature signifies in advance its approval and ratification

of the compact:

SOUTH CENTRAL INTERSTATE FOREST

FIRE PROTECTION COMPACT

ARTICLE I.

The purpose of this compact is to promote effective prevention

and control of forest fires in the South Central region of the

United States by the development of integrated forest fire plans, by

the maintenance of adequate forest fire fighting services by the

member states, by providing for mutual aid in fighting forest fires

among the compacting states of the region and with states which are

party to other Regional Forest Fire Protection compacts or

agreements, and for more adequate forest development.

ARTICLE II.

Oklahoma Statutes - Title 2. Agriculture Page 598

This compact shall become operative immediately as to those

states ratifying it whenever any two or more of the states of

Arkansas, Louisiana, Mississippi, Oklahoma and Texas which are

contiguous have ratified it and Congress has given consent thereto.

Any state not mentioned in this article which is contiguous with any

member state may become a party to this compact, subject to approval

by the Legislature of each of the member states.

ARTICLE III.

In each state, the state forester or officer holding the

equivalent position who is responsible for forest fire control shall

act as compact administrator for that state and shall consult with

like officials of the other member states and shall implement

cooperation between such states in forest fire prevention and

control.

The compact administrators of the member states shall organize

to coordinate the services of the member states and provide

administrative integration in carrying out the purposes of this

compact.

There shall be established an advisory committee of legislators,

forestry commission representatives, and forestry or forest products

industries representatives which shall meet, from time to time, with

the compact administrators. Each member state shall name one member

of the Senate and one member of the House of Representatives, and

the Governor of each member state shall appoint one representative

who shall be the chairman of the state forestry commission or

comparable official and one representative who shall be associated

with forestry or forest products industries to comprise the

membership of the advisory committee. Action shall be taken by a

majority of the compacting states, and each state shall be entitled

to one vote.

The compact administrators shall formulate and, in accordance

with need, from time to time, revise a regional forest fire plan for

the member states.

It shall be the duty of each member state to formulate and put

in effect a forest fire plan for that state and take such measures

as may be necessary to integrate such forest fire plan with the

regional forest fire plan formulated by the compact administrators.

ARTICLE IV.

Whenever the state forest fire control agency of a member state

requests aid from the state forest fire control agency of any other

member state in combating, controlling or preventing forest fires,

it shall be the duty of the state forest fire control agency of that

state to render all possible aid to the requesting agency which is

consonant with the maintenance of protection at home.

ARTICLE V.

Whenever the forces of any member state are rendering outside

aid pursuant to the request of another member state under this

Oklahoma Statutes - Title 2. Agriculture Page 599

compact, the employees of such state shall, under the direction of

the officers of the state to which they are rendering aid, have the

same powers (except the power of arrest), duties, rights, privileges

and immunities as comparable employees of the state to which they

are rendering aid.

No member state or its officers or employees rendering outside

aid pursuant to this compact shall be liable on account of any act

or omission on the part of such forces while so engaged, or on

account of the maintenance or use of any equipment or supplies in

connection therewith: Provided, that nothing herein shall be

construed as relieving any person from liability for his own

negligent act or omission, or as imposing liability for such

negligent act or omission upon any state.

All liability, except as otherwise provided herein, that may

arise either under the laws of the requesting state or under the

laws of the aiding state or under the laws of a third state on

account of or in connection with a request for aid, shall be assumed

and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact

shall be reimbursed by the member state receiving such aid for any

loss or damage to, or expense incurred in the operation of any

equipment answering a request for aid, and for the cost of all

materials, transportation, wages, salaries, and maintenance of

employees and equipment incurred in connection with such request;

provided, that nothing herein contained shall prevent any assisting

member state from assuming such loss, damage, expense or other cost

or from loaning such equipment or from donating such service to the

receiving member state without charge or cost.

Each member state shall provide for the payment of compensation

and death benefits to injured employees and the representatives of

deceased employees in case employees sustain injuries or are killed

while rendering outside aid pursuant to this compact, in the same

manner and on the same terms as if the injury or death were

sustained within such state.

For the purposes of this compact the term "employee" shall

include any volunteer or auxiliary legally included within the

forest fire fighting forces of the aiding state under the laws

thereof.

The compact administrators shall formulate procedures for claims

and reimbursement under the provisions of this article, in

accordance with the laws of the member states.

ARTICLE VI.

Ratification of this compact shall not be construed to affect

any existing statute so as to authorize or permit curtailment or

diminution of the forest fire fighting forces, equipment, services

or facilities of any member state.

Oklahoma Statutes - Title 2. Agriculture Page 600

Nothing in this compact shall be construed to limit or restrict

the powers of any state ratifying the same to provide for the

prevention, control and extinguishment of forest fires, or to

prohibit the enactment or enforcement of state laws, rules or

regulations intended to aid in such prevention, control and

extinguishment in such state.

Nothing in this compact shall be construed to affect any

existing or future cooperative relationship or arrangement between

the United States Forest Service and a member state or states.

ARTICLE VII.

The compact administrators may request the United States Forest

Service to act as the primary research and coordinating agency of

the South Central Interstate Forest Fire Protection Compact in

cooperation with the appropriate agencies in each state, and the

United States Forest Service may accept the initial responsibility

in preparing and presenting to the compact administrators its

recommendations with respect to the regional fire plan.

Representatives of the United States Forest Service may attend

meetings of the compact administrators.

ARTICLE VIII.

The provisions of Articles IV and V of this compact which relate

to mutual aid in combating, controlling or preventing forest fires

shall be operative as between any state party to this compact and

any other state which is party to a regional forest fire protection

compact in another region; provided, that the legislature of such

other state shall have given its assent to such mutual aid

provisions of this compact.

ARTICLE IX.

This compact shall continue in force and remain binding on each

state ratifying it until the legislature or the Governor of such

state takes action to withdraw therefrom. Such action shall not be

effective until six (6) months after notice thereof has been sent by

the chief executive of the state desiring to withdraw to the chief

executives of all states then parties to the compact.
Okla. Stat. tit. 2, § 2-1301-106 — OK Code / Title 2 / Section 2-1301-106
Renumbered as Section 16-7 of this title by Laws 2001,
Status: in_force

c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-7-421 — OK Code / Title 2 / Section 2-7-421
Official state agency
Status: in_force

The Oklahoma State Department of Agriculture is hereby

designated as the official state agency of this state for purposes

of cooperating with and implementing the dairy inspection and

grading program under the jurisdiction of the United States

Department of Agriculture.
Okla. Stat. tit. 2, § 2-8-85.7 — OK Code / Title 2 / Section 2-8-85.7
Stop sale, stop use or removal order
Status: in_force

The State Board of Agriculture may issue and enforce a written

or printed stop sale, stop use, or removal order to the owner or

custodian of any lot of soil amendment, and shall hold such lot of

soil amendment at a designated place when the Board finds a soil

amendment is being offered or exposed for sale that is not

registered, is not labeled, is misbranded, or is adulterated, until

the time when the product or labeling complies with this act. The

soil amendment may then be released in writing by the Board.
Okla. Stat. tit. 2, § 2-6-290.8 — OK Code / Title 2 / Section 2-6-290.8
Records
Status: in_force

A. All persons subject to the provisions of the Exotic

Livestock and Exotic Livestock Products Inspection Act shall keep

such records as willfully and correctly disclose all transactions

involved in their businesses. All persons, subject to such

requirements shall, at all reasonable times, upon notice by a duly

authorized representative of the Board, afford such representative

and any duly authorized representative of the Secretary of

Agriculture of the United States accompanied by such representative

of the Board access to their places of business and opportunity to

examine the facilities, inventory, and records thereof, to copy all

such records, and to take reasonable samples of their inventory.

B. Any record required to be maintained by this section shall

be maintained for such period of time as the Board may by

regulations prescribe.
Okla. Stat. tit. 2, § 2-6-151 — OK Code / Title 2 / Section 2-6-151
Health certificate or permit required for shipment of
Status: in_force

livestock into state – Responsible parties – Exemptions - Diseased

livestock.

Oklahoma Statutes - Title 2. Agriculture Page 257

A. 1. It shall be unlawful and deemed a Class D3 felony

offense to ship, transport, or cause to be shipped or transported

any livestock into the State of Oklahoma, unless accompanied by an

official health certificate, permit, or both, which shall be in the

possession of the driver of the vehicle or person in charge of the

livestock.

2. The owner of the livestock, the shipper, and the operator of

the vehicle transporting the livestock shall be equally and

individually responsible for meeting all requirements regarding

health certificates, permits, and the movement of livestock into

this state.

3. An official health certificate or permit shall not be

required for any livestock shipped directly from a farm of origin,

with no diversion in route, to an approved market or slaughtering

establishment operating under state or federal supervision, if a

waybill, bill of lading, or certificate of ownership accompanies the

shipment showing the consignor and the point of origin of the

shipment, and the approved market or slaughtering establishment to

which the livestock are shipped.

B. 1. It shall be unlawful and deemed a Class D3 felony

offense for any livestock that are affected with or that have been

exposed to any infectious, contagious, or communicable disease or

which originate from a quarantined area to be shipped or in any

manner transported or moved into or through the state until written

permission for entry, transportation, or movement is obtained from

the State Board of Agriculture or its authorized agent.

2. A written permit shall not be required for diseased animals

which are approved for interstate shipment under specified

restrictions by the United States Department of Agriculture.
Okla. Stat. tit. 2, § 2-7-26 — OK Code / Title 2 / Section 2-7-26
Failure to establish escrow account - Failure to continue
Status: in_force

payments - Penalties.

Any milk processor failing to establish an escrow account upon

receipt of notification of a dairy farmer pursuant to the provisions

of this subarticle or who fails to continue to make payments until

the dairy farmer has received full payment of the purchase price,

upon conviction thereof shall be guilty of a misdemeanor and shall

be punished by the imposition of a fine of not more than One

Thousand Dollars ($1,000.00), imprisonment in the county jail for a

period not to exceed one (1) year, or both such fine and

imprisonment.
Okla. Stat. tit. 2, § 2-1301-310.6 — OK Code / Title 2 / Section 2-1301-310.6
Renumbered as Section 16-66 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-4021 — OK Code / Title 2 / Section 2-4021
Authority to lease real property — Contingencies —
Status: in_force

Transfer of title to Trust.

A. Contingent upon the creation of the Oklahoma State

University Veterinary Medical Trust as provided in Section 20 of

this act, the Oklahoma State University Veterinary Medicine

Authority is hereby authorized to lease, for a term of not more than

fifty (50) years, renewable at the option of the Authority, all real

property owned by the Authority and any other sites under the

control of the Authority to the Oklahoma State University Veterinary

Oklahoma Statutes - Title 2. Agriculture Page 791

Medical Trust. Any lease agreement made pursuant to this section

shall be contingent upon:

1. Prior review by the Attorney General of any contractual

agreement between the Oklahoma State University Veterinary Medical

Trust and any entity authorized to transact business in the State of

Oklahoma regarding the lease and operations. The Attorney General

shall disapprove the agreement if it is determined that provisions

of the agreement are not consistent with state law; and

2. The execution of an operating and lease agreement between

the Oklahoma State University Veterinary Medical Trust and any

entity authorized to transact business in the State of Oklahoma.

B. Concurrent with the execution of a lease of real property

from the Oklahoma State University Veterinary Medicine Authority to

the Oklahoma State University Veterinary Medical Trust as provided

in subsection A of this section, the Authority is authorized to

transfer title to and possession of all tangible and intangible

personal property under its control to the Trust. In any

contractual agreement regarding the lease and operations of an

animal hospital or hospitals between the Oklahoma State University

Veterinary Medical Trust and any entity authorized to transact

business in the State of Oklahoma, the Trust is authorized to sell

or otherwise convey to such entity all tangible and intangible

personal property the Trust may receive from the Oklahoma State

University Veterinary Medicine Authority. Any contract or other

agreement which purports to exercise the powers authorized by this

subsection is subject to review by the Contingency Review Board, as

specified in Section 21 of this act.

C. If a contracting entity fails to take possession of the

leased premises, or abandons or surrenders possession of the leased

premises other than to a state agency, at any time during the term

of the lease between the Oklahoma State University Veterinary

Medical Trust and the contracting entity, the interest in the real

property leased to the Oklahoma State University Veterinary Medical

Trust by the Oklahoma State University Veterinary Medicine Authority

shall revert to and be the sole and exclusive property of the

Oklahoma State University Veterinary Medicine Authority.

D. Contingent upon the execution of an agreement between the

Oklahoma State University Veterinary Medical Trust and any entity

authorized to transact business in the State of Oklahoma, as

specified in subsection A of this section, the Oklahoma State

University Veterinary Medicine Authority is authorized to enter into

an agreement for such entity to provide animal patient care services

and perform other related duties imposed upon the Oklahoma State

University Veterinary Medicine Authority by law. Such an agreement

between the Oklahoma State University Veterinary Medicine Authority

and such entity is exempt from the requirements of the Oklahoma

Central Purchasing Act and any rules adopted by the Oklahoma State

Oklahoma Statutes - Title 2. Agriculture Page 792

University Veterinary Medicine Authority pursuant to the

Administrative Procedures Act. The governing committee created by

the agreement and the Oklahoma State University Veterinary Medical

Trust shall be subject to the Open Meeting Act and the Oklahoma Open

Records Act to the same extent and with the same exceptions as

provided for the Oklahoma State University Veterinary Medicine

Authority in Section 5 of this act and shall be exempt from the

Oklahoma Central Purchasing Act.
Okla. Stat. tit. 2, § 2-18-186 — OK Code / Title 2 / Section 2-18-186
Officers - Meetings
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 648

At the first meeting of the Sheep and Wool Utilization, Research

and Market Development Commission, the Commission shall elect a

chair, vice-chair, secretary and treasurer from among the

membership, and thereafter at the first meeting of each fiscal year.

The Commission shall meet at least once every three (3) months and

at such other times as called by the chair or by a majority of the

Commission.