Okla. Stat. tit. 2, § 2-6-504 — OK Code / Title 2 / Section 2-6-504
Farmed cervidae facility license
Status: in_force

A. No person shall breed, possess, or raise cervidae for

commercial or noncommercial purposes without first obtaining a

farmed cervidae facility license from the Oklahoma Department of

Agriculture, Food, and Forestry.

B. The Department may issue a farmed cervidae facility license

to any person that lawfully obtains cervidae, acts in good faith,

and adheres to the laws and rules of the state, including the

provisions of the Oklahoma Farmed Cervidae Act. Nothing in this

section shall prevent the Department from issuing a license to

persons the Department deems have obtained cervidae from a legal

source, acted in good faith, and failed to recognize a license was

required.

C. All persons issued a farmed cervidae license shall abide by

all provisions of the Oklahoma Farmed Cervidae Act. An initial

application for a farmed cervidae facility license shall contain the

following:

1. Name, address, and telephone number of the owner;

2. Name, address, and telephone number of the operator, if

different from the owner;

3. Name, address, and telephone number of the primary contact;

4. Farm name, facility address, and facility telephone number;

5. Name, address and telephone number of the location where

records are kept;

6. Specific legal description of the facility to the nearest

quarter section;

7. A map showing topography of the area with a diagram of the

facility structures, fencing plan, and perimeter clearly marked;

8. Whether the applicant has been convicted of a felony,

misdemeanor, administrative, or civil violation of any natural

resources requirements, including but not limited to wildlife,

forestry, fisheries, environment, or animal health within the past

three (3) years in the state or any other jurisdiction;

9. Whether the property where the farmed cervidae facility is

located is owned or leased;

Oklahoma Statutes - Title 2. Agriculture Page 355

10. An initial inventory of the farmed cervidae, including

their ages, breed and species, and a minimum of one form of official

individual identification approved by the Department;

11. Method of carcass disposal for the facility;

12. Driving directions from the nearest town;

13. A list of each name the farmed cervidae facility operates

under; and

14. Signed statement declaring: "I certify under penalty of

law this document, all attachments, and information submitted are to

the best of my knowledge and belief, true, accurate, and complete.

I am aware there are significant penalties for knowingly submitting

false, inaccurate, or incomplete information, including the

possibility of fines for each violation."

D. Using information from the application and from the state's

files, the Department shall determine:

1. The accuracy of all materials in the application; and

2. Whether the applicant can reasonably be expected to comply

with all legal requirements of the license.

E. The Department shall not issue a farmed cervidae facility

license if the facility is not inspected by the Department.
Okla. Stat. tit. 2, § 2-5-63.10 — OK Code / Title 2 / Section 2-5-63.10
Ballot determinations
Status: in_force

Upon receiving the report of the returns of the referendum, the

Commissioner of the Oklahoma Department of Agriculture, Food, and

Forestry shall determine:

1. The number of votes cast for and against the referendum

proposition;

2. The total volume of production of the commodity during the

relevant production period; and

3. The percentage of the total volume of production of the

commodity that was produced by those voting in favor of the

referendum proposition.
Okla. Stat. tit. 2, § 2-104b — OK Code / Title 2 / Section 2-104b
Renumbered as § 15-67 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-94 — OK Code / Title 2 / Section 2-15-94
Use of monies received from rents on certain buildings
Status: in_force

A. Monies received as a result of renting or leasing any

building or structure or any portion thereof, located on any county

fairground which the county received as a gift from an individual

citizen who was a resident of the county may be used by the county

fair board for maintenance and repair of such originally donated

building.

B. The receipts shall not be subject to fiscal year

cancellations but may be retained in a proper account from year to

year up to a maximum of a Fifteen Thousand Dollar ($15,000.00)

balance.

Oklahoma Statutes - Title 2. Agriculture Page 562

C. Any amount of a balance over Fifteen Thousand Dollars

($15,000.00) at the end of each fiscal year which has been derived

from such rental or lease contract shall be transferred to the

county general fund.
Okla. Stat. tit. 2, § 2-1902 — OK Code / Title 2 / Section 2-1902
Renumbered as § 11-21 of this title by Laws 2001, c. 146,
Status: in_force

§ 260, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-61i — OK Code / Title 2 / Section 2-5-61i
Renumbered as § 14-39 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-18-192 — OK Code / Title 2 / Section 2-18-192
Reports by Commission
Status: in_force

A. The chair of the Sheep and Wool Utilization, Research and

Market Development Commission shall make an annual report to the

Governor, within thirty (30) days after January 1 of each year,

showing in detail all income and expenditures and any other facts

relevant to the Oklahoma Sheep and Wool Producers Act. The annual

report shall include a list of all officers and employees of the

Commission and shall indicate the official positions of such

officers and employees and their salaries. The report shall be

available to the public.

B. All records of the Commission shall be kept at least three

(3) years.

C. The Commission shall submit a report of its income,

expenditures and a brief survey of its work annually to the Chairs

Oklahoma Statutes - Title 2. Agriculture Page 652

of the Agriculture Committees of the House of Representatives and

Senate of the State Legislature.
Okla. Stat. tit. 2, § 2-131.13 — OK Code / Title 2 / Section 2-131.13
Renumbered as § 15-123 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-101 — OK Code / Title 2 / Section 2-101
Renumbered as § 15-62 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-275 — OK Code / Title 2 / Section 2-6-275
Misdemeanors
Status: in_force

Any violation of this act for which a specific penalty is not

given shall be a misdemeanor.
Okla. Stat. tit. 2, § 2-6-132 — OK Code / Title 2 / Section 2-6-132
Definitions
Status: in_force

As used in the Foreign Animal Diseases Act "foreign animal

disease" means any condition of livestock or animals meeting the

criteria for a foreign animal disease by the United States

Department of Agriculture.
Okla. Stat. tit. 2, § 2-1457 — OK Code / Title 2 / Section 2-1457
Renumbered as § 8-80.8 of this title by Laws 2001, c. 146,
Status: in_force

§ 252, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-3-50.2 — OK Code / Title 2 / Section 2-3-50.2
Declaration - Purpose
Status: in_force

A. The Anthonomus grandis Boheman, known as the boll weevil, is

hereby declared to be a public nuisance, a pest, and a menace to the

cotton industry. Due to the interstate nature of boll weevil

infestation, it is necessary to secure the cooperation of cotton

growers, other state governments, and agencies of the federal

government in order to carry out a program of boll weevil

eradication and posteradication maintenance and control.

B. The purpose of the Boll Weevil Eradication Act is to secure

and ensure on a continuing basis the eradication of the boll weevil.
Okla. Stat. tit. 2, § 2-2A-2 — OK Code / Title 2 / Section 2-2A-2
Definitions
Status: in_force

As used in the Oklahoma Agriculture Pollutant Discharge

Elimination System Act:

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

“enforcement hearing” and “administrative enforcement hearing” mean

Oklahoma Statutes - Title 2. Agriculture Page 68

a quasi-judicial individual proceeding, held by the Oklahoma

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

the provisions of the Oklahoma Agricultural Code, and conducted

pursuant to:

a. the Administrative Procedures Act,

b. the Oklahoma Agricultural Code, and

c. rules promulgated thereunder;

2. “Administrative Procedures Act” means the Oklahoma

Administrative Procedures Act;

3. “Director” means the individual appointed by the

Commissioner to perform the duties identified in Section 6 of this

act;

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

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

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

the Department within its areas of environmental jurisdiction;

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

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

appurtenances, and facilities used for collecting, conducting, or

disposing of wastewater and treatment systems;

6. “Effluent limitation” means any established restriction

imposed by the Department on quantities, rates, and concentrations

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

discharged from point sources into waters of the state and includes

schedules of compliance;

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

of the state;

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

the Department when authorized by the provisions of the Oklahoma

Agricultural Code, and conducted by a presiding officer pursuant to

the requirements of the Oklahoma Agricultural Code and rules

promulgated thereunder, at which an opportunity is provided for the

presentation of oral comments made and written views submitted

within reasonable time limits as determined by the presiding

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

pursuant to requirements of the Code of Federal Regulations or the

Oklahoma Agriculture Pollutant Discharge Elimination System Act. A

public meeting shall not be a quasi-judicial proceeding;

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

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

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

water runoff and return flows from irrigated agriculture;

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

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

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

stock, or concentrated animal feeding operation, from which

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

Oklahoma Statutes - Title 2. Agriculture Page 69

the Department’s environmental jurisdiction. The term “point

source” shall not include agricultural storm water discharges and

return flows from irrigated agriculture;

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

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

biological materials, radioactive materials, heat, wrecked or

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

municipal, and agricultural waste discharged into waters of the

state;

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

environment of any substance, contaminant or pollutant, any other

alteration of the physical, chemical or biological properties of the

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

into the environment:

a. in quantities which are or will likely create a

nuisance, or

b. in quantities which render or will likely render the

environment harmful, detrimental, or injurious to

public health, safety or welfare, or to domestic,

commercial, industrial, agricultural, recreational, or

other legitimate beneficial uses, or to livestock,

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

property;

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

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

actions or operations leading to compliance with an effluent

limitation, other limitation, prohibition, or standard;

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

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

protracted and obvious disfigurement, or protracted loss or

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

faculty;

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

surface runoff and drainage;

16. “Treatment works” means any facility within the

Department’s jurisdictional areas of environmental responsibility,

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

Statutes used for the purpose of treating or stabilizing waste or

waste water that does not discharge directly to a publicly owned

treatment works; and

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

marshes, watercourses, waterways, wells, springs, irrigation

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

accumulations of water, surface and underground, natural or

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

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

include under all circumstances the waters of the United States

Oklahoma Statutes - Title 2. Agriculture Page 70

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

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

systems, including treatment ponds and lagoons designed to meet

federal and state requirements other than cooling ponds as defined

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

of the state.
Okla. Stat. tit. 2, § 2-1301-107 — OK Code / Title 2 / Section 2-1301-107
Renumbered as Section 16-8 of this title by Laws 2001,
Status: in_force

c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-1301-112 — OK Code / Title 2 / Section 2-1301-112
Renumbered as Section 16-13 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-1764 — OK Code / Title 2 / Section 2-1764
Renumbered as § 5-84 of this title by Laws 2001, c. 146, §
Status: in_force

258, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-2-26 — OK Code / Title 2 / Section 2-2-26
Agriculture Emergency Insect Control Special Fund
Status: in_force

A. The Agriculture Emergency Insect Control Special Fund is

hereby created in the State Treasury for the Oklahoma Department of

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

transferred to it from funds appropriated to the Department for this

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

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

the administrative authority of the Department. Expenditures from

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

promulgated by the State Board of Agriculture.

B. The fund shall be for emergency controls that lack

legislative appropriation of emergency grasshopper and range

caterpillar control within the state or for the general operations

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

programs in which the United States Department of Agriculture

participates.

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

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

authorized employee of the Department and approved for payment by

the Director of the Office of Management and Enterprise Services.
Okla. Stat. tit. 2, § 2-15-21 — OK Code / Title 2 / Section 2-15-21
Organization - Purpose - Restriction on location - Free
Status: in_force

township and county fairs not affected.

For the purpose of encouraging the development of the

agricultural, horticultural, mechanical, mineral, stock-raising and

all other industrial interests of the State of Oklahoma, three or

more counties may, as otherwise provided in this article, organize a

free district fair, provided that:

Oklahoma Statutes - Title 2. Agriculture Page 540

1. No such free district fair shall be held within one hundred

(100) miles of any other free district or State Fair; and

2. The provisions of this article shall not interfere with the

operation of the present law with reference to the organization and

operation of free township and county fairs already organized.
Okla. Stat. tit. 2, § 2-14-69 — OK Code / Title 2 / Section 2-14-69
Suspension, cancellation, revocation or refusal to re-
Status: in_force

issue license - Violations - Criminal penalties.

A. The State Board of Agriculture may suspend, cancel, revoke,

or refuse reissuance of a license after the person has an

opportunity for public hearing pursuant to the Administrative

Procedures Act. In addition, the person may be prosecuted for any

of the following violations:

1. Failure to correct work on each job which fails to meet the

requirements and required testing procedures as adopted by the

National Conference on Weights and Measures and published in

Handbook 44 as amended;

2. Failure to complete the placing-in-service report in its

entirety and to report the accurate description of parts replaced,

adjusted, or reconditioned and work performed;

Oklahoma Statutes - Title 2. Agriculture Page 533

3. Failure to report in a contract or work agreement a written

explanation of the actual repairs required to repair the weight or

measure to meet the requirements;

4. Failure to furnish to the Board, upon request, duplicated

copies of the service agency or any service technician weight or

measure test report, or any other information required by the Board;

5. To test or place in service a weight or measure that does

not meet the requirements for a commercial device as specified in

Handbook 44 and the required testing procedures for the category of

weight and measure;

6. Making a misrepresentation for the purpose of defrauding;

7. Operating as a service technician or service agency without

proper license;

8. Repairing a weight or measure unless the repair involved

causes the weight or measure to meet the requirements of the

Oklahoma Service Technician and Service Agency Act for at least

ninety (90) days after the repairs;

9. Failure to submit a placing-in-service report to the Board

within five (5) calendar days after that repair, installation, or

removal is performed; and

10. Filing a false or fraudulent application to the Board.

B. It shall be unlawful for any person, holder or nonholder of

a valid license to violate any provisions of the Oklahoma Service

Technician and Service Agency Act or rules promulgated thereto. Any

violation shall be punishable by the imposition of a fine of not

less than One Hundred Dollars ($100.00) and not more than Ten

Thousand Dollars ($10,000.00).
Okla. Stat. tit. 2, § 2-738.2 — OK Code / Title 2 / Section 2-738.2
Renumbered as § 10-92 of this title by Laws 2001, c. 146,
Status: in_force

§ 246, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-20-55 — OK Code / Title 2 / Section 2-20-55
Evidence of financial ability
Status: in_force

A. Any person who is licensed to operate an animal feeding

operation with a liquid animal waste management system within this

state shall furnish to the Oklahoma Department of Agriculture, Food,

and Forestry evidence of financial ability to comply with the

requirements for closure of retention structures and other waste

facilities as established pursuant to the provisions of this section

and rules promulgated by the State Board of Agriculture.

B. 1. To establish evidence of financial ability the

Department shall require:

a. Category A surety which shall include a financial

statement listing assets and liabilities and including

a general release that the information may be verified

with banks and other financial institutions. The

financial statement shall be confidential and shall

not be opened to public inspection. The statement

shall prove a net worth of not less than:

(1) Ten Thousand Dollars ($10,000.00) for any animal

feeding operation licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations

Act having a capacity of more than three hundred

(300) animal units but having one thousand

(1,000) animal units or less,

(2) Twenty-five Thousand Dollars ($25,000.00) for any

animal feeding operation licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations

Act having a capacity of more than one thousand

(1,000) animal units but less than two thousand

(2,000) animal units, or

Oklahoma Statutes - Title 2. Agriculture Page 736

(3) Fifty Thousand Dollars ($50,000.00) for any

animal feeding operation licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations

Act having a capacity of more than two thousand

(2,000) animal units, or

b. Category B surety which shall include an irrevocable

commercial letter of credit, cash, a cashier's check,

a Certificate of Deposit, Bank Joint Custody Receipt,

other negotiable instrument or a blanket surety bond.

Except as provided in paragraph 2 of this subsection,

amount of such letter of credit, cash, check,

certificate, bond, receipt or other negotiable

instrument shall be in the amount of Twenty-five

Thousand Dollars ($25,000.00). The Department is

authorized to determine the amount of Category B

surety based upon the past performance of the owner or

operator regarding compliance with the laws of this

state, and any rules promulgated pursuant thereto.

Any instrument shall constitute an unconditional

promise to pay and be in a form negotiable by the

Department.

2. The Department upon certification by any animal feeding

operation subject to Category B surety that its liability statewide

is less than the twenty-five-thousand-dollar standard specified in

this section may allow the owner or operator to provide Category B

type surety in an amount less than the required Twenty-five Thousand

Dollars ($25,000.00), but at least sufficient to cover the estimated

cost of all closure and removal operations currently the

responsibility of that owner or operator.

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

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act which does not have any outstanding contempt citations or fines

may post Category A surety.

2. Any animal feeding operation licensed pursuant to the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act which does have outstanding fines or contempt citations shall be

required to post Category B surety. Animal feeding operations which

have posted Category B surety and have operated under this type

surety and have no outstanding fines at the end of three (3) years

may post Category A surety.

D. For good cause shown concerning pollution by the animal

feeding operations posting either Category A or B surety, the

Department, after notice and hearing, may require the filing of

additional Category B surety in an amount greater than Twenty-five

Thousand Dollars ($25,000.00) but not to exceed Five Dollars ($5.00)

times the number of animal units for the facility being licensed.

Oklahoma Statutes - Title 2. Agriculture Page 737

E. 1. If the Department, after notice and an opportunity for

hearing, determines that the animal feeding operation licensed

pursuant to the provisions of the Oklahoma Concentrated Animal

Feeding Operations Act has neglected, failed, or refused to close

any surface impoundment, or remove or cause to be removed any

equipment, or has abandoned the facility, then the animal feeding

operation shall be deemed to have forfeited the letter of credit or

negotiable instrument required by this section or shall pay to this

state, for deposit in the State Treasury, a sum equal to the cost of

closure of any surface impoundment or removal of equipment.

2. The Department may cause the remedial work to be done,

issuing a warrant in payment of the cost thereof drawn against the

monies accruing in the State Treasury from the forfeiture or

payment.

3. The Department shall also recover any costs arising from

litigation to enforce this provision. Provided, before an animal

feeding operation is required to forfeit or pay any monies to the

state pursuant to this section, the Department shall notify the

animal feeding operation at the last-known address of the

determination of neglect, failure or refusal to close any surface

impoundment or remove equipment and the animal feeding operation

shall have ten (10) days from the date of notification within which

to commence remedial operations. Failure to commence remedial

operations shall result in forfeiture or payment as provided in this

subsection.

F. If title to an animal feeding operation is transferred, the

transferee shall furnish the evidence of financial ability to close

surface impoundments required by the provisions of this section

prior to the transfer.
Okla. Stat. tit. 2, § 2-9-208 — OK Code / Title 2 / Section 2-9-208
Renumbered as § 20-15 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-5-88 — OK Code / Title 2 / Section 2-5-88
Funding of loan - Loan rate - Certification of compliance
Status: in_force

A. 1. Upon the placement of an agricultural linked deposit

with an eligible lending institution, the institution shall fund the

loan to each approved eligible agricultural business listed in the

agricultural linked deposit loan package in accordance with the

Oklahoma Statutes - Title 2. Agriculture Page 222

agricultural linked deposit agreement between the institution and

the State Treasurer.

2. The loan shall be at a rate that reflects a percentage rate

reduction below the present borrowing rate applicable to each

business that is equal to the percentage rate reduction below market

rates at which the certificate of deposits that constitute the

agricultural linked deposit were placed or at which the investments

in bonds, notes, debentures, or other obligations or securities that

constitute the agricultural linked deposit were made.

3. A certification of compliance with this section in the form

and manner as prescribed by the State Treasurer shall be required of

the eligible lending institution.

B. The State Treasurer shall take any and all steps necessary

to implement the Oklahoma Agricultural Linked Deposit Program and

monitor compliance of eligible lending institutions and eligible

agricultural businesses, including the development of guidelines as

necessary.
Okla. Stat. tit. 2, § 2-6-280.7 — OK Code / Title 2 / Section 2-6-280.7
Supervision and rendering of inspection service -
Status: in_force

Inspection of rabbits processed in official plants.

A. All inspection service shall be subject to supervision at

all times by an inspector. Such service shall be rendered where the

facilities and conditions are satisfactory for the conduct of the

service and the requisite inspectors are available.

B. Rabbits which are processed in official plants in accordance

with the Oklahoma Rabbit and Rabbit Products Inspection Act may be

inspected.

C. All rabbits that are slaughtered and processed in an

official plant where inspection service is maintained shall be

inspected for condition and wholesomeness. No dressed or

uninspected rabbit products shall be brought into such official

plant.

D. Inspection shall not be provided at any establishment for

the slaughter of rabbits, or the preparation of any carcasses or

parts or products of such animals which are not intended for human

food.
Okla. Stat. tit. 2, § 2-6-182 — OK Code / Title 2 / Section 2-6-182
Definitions
Status: in_force

As used in the Oklahoma Meat Inspection Act, except as otherwise

specified, the following terms shall have the meanings stated below:

(a) The term "Board" means the State Board of Agriculture, or

its delegate.

(b) The term "firm" means any partnership, association, or

other unincorporated business organization.

(c) The term "meat broker" means any person, firm or

corporation engaged in the business of buying or selling carcasses,

parts of carcasses, meat, or meat food products of cattle, bison,

sheep, swine, goats, horses, mules, or other equines on commission,

or otherwise negotiating purchases or sales of such articles other

than for his own account or as an employee of another person, firm,

or corporation.

(d) The term "renderer" means any person, firm, or corporation

engaged in the business of rendering carcasses, or parts or products

of the carcasses, of cattle, bison, sheep, swine, goats, horses,

mules, or other equines, except rendering conducted under inspection

under Section 6-181 et seq. of this title.

(e) The term "animal food manufacturer" means any person, firm,

or corporation engaged in the business of manufacturing or

processing animal food derived wholly or in part from carcasses, or

parts or products of the carcasses, of cattle, bison, sheep, swine,

goats, horses, mules, or other equines.

(f) The term "intrastate commerce" means commerce within this

state.

(g) The term "meat food product" means any product capable of

use as human food which is made wholly or in part from any meat or

other portion of the carcass of any cattle, bison, sheep, swine,

goats, horses, mules, or other equines, excepting products which

contain meat or other portions of such carcasses only in a

relatively small proportion or historically have not been considered

Oklahoma Statutes - Title 2. Agriculture Page 260

by consumers as products of the meat food industry, and which are

exempted from definition as a meat food product by the Board under

such conditions as it may prescribe to assure that the meat or other

portions of such carcasses contained in such product are not

adulterated and that such products are not represented as meat food

products.

(h) The term "capable of use as human food" shall apply to any

carcass, or part or product of a carcass, of any animal, unless it

is denatured or otherwise identified as required by regulations

prescribed by the Board to deter its use as human food, or it is

naturally inedible by humans.

(i) The term "prepared" means slaughtered, canned, salted,

rendered, boned, cut up, or otherwise manufactured or processed.

(j) The term "adulterated" shall apply to any carcass, part

thereof, meat or meat food product under one or more of the

following circumstances:

(1) if it bears or contains any poisonous or deleterious

substance which may render it injurious to health; but in case the

substance is not an added substance, such article shall not be

considered adulterated under this clause if the quantity of such

substance in or on such article does not ordinarily render it

injurious to health;

(2) (A) if it bears or contains (by reason of administration

of any substance to the live animal or otherwise) any added

poisonous or added deleterious substance (other than one which is

(i) a pesticide chemical in or on a raw agricultural commodity; (ii)

a food additive; or (iii) a color additive) which may, in the

judgment of the Board, make such article unfit for human food;

(B) if it is, in whole or in part, a raw agricultural commodity

and such commodity bears or contains a pesticide chemical which is

unsafe within the meaning of Section 408 of the Federal Food, Drug,

and Cosmetic Act;

(C) if it bears or contains any food additive which is unsafe

within the meaning of Section 409 of the Federal Food, Drug, and

Cosmetic Act;

(D) if it bears or contains any color additive which is unsafe

within the meaning of Section 706 of the Federal Food, Drug, and

Cosmetic Act: Provided, that an article which is not adulterated

under clause (B), (C), or (D) shall nevertheless be deemed

adulterated if use of the pesticide chemical, food additive, or

color additive in or on such article is prohibited by regulations of

the Board in establishments at which inspection is maintained under

Section 6-181 et seq. of this title;

(3) if it consists in whole or in part of any filthy, putrid,

or decomposed substance or is for any other reason unsound,

unhealthful, unwholesome, or otherwise unfit for human food;

Oklahoma Statutes - Title 2. Agriculture Page 261

(4) if it has been prepared, packed, or held under unsanitary

conditions whereby it may have become contaminated with filth, or

whereby it may have been rendered injurious to health;

(5) if it is, in whole or in part, the product of an animal

which has died otherwise than by slaughter;

(6) if its container is composed, in whole or in part, of any

poisonous or deleterious substance which may render the contents

injurious to health;

(7) if it has been intentionally subjected to radiation, unless

the use of the radiation was in conformity with a regulation or

exemption in effect pursuant to Section 409 of the Federal Food,

Drug, and Cosmetic Act;

(8) if any valuable constituent has been, in whole or in part,

omitted or abstracted therefrom; or if any substance has been

substituted, wholly or in part, therefor; or if damage or

inferiority has been concealed in any manner; or if any substance

has been added thereto or mixed or packed therewith so as to

increase its bulk or weight, or reduce its quality or strength, or

make it appear better or of greater value than it is; or

(9) if it is margarine containing animal fat and any of the raw

material used therein consisted, in whole or in part, of any filthy,

putrid, or decomposed substance.

(k) The term "misbranded" shall apply to any carcass, part

thereof, meat or meat food product under one or more of the

following circumstances:

(1) if its labeling is false or misleading in any particular;

(2) if it is offered for sale under the name of another food;

(3) if it is an imitation of another food, unless its label

bears, in type of uniform size and prominence, the word "imitation",

and, immediately thereafter, the name of the food imitated;

(4) if its container is so made, formed, or filled as to be

misleading;

(5) if in a package or other container unless it bears a label

showing (A) the name and place of business of the manufacturer,

packer, or distributor; and (B) an accurate statement of the

quantity of the contents in terms of weight, measure, or numerical

count: Provided, that, under clause (B) of this subparagraph (5),

reasonable variations may be permitted, and exemptions as to small

packages may be established, by regulations prescribed by the Board;

(6) if any word, statement, or other information required by or

under authority of this act to appear on the label or other labeling

is not prominently placed thereon with such conspicuousness (as

compared with other words, statements, designs, or devices in the

labeling) and in such terms as to render it likely to be read and

understood by the ordinary individual under customary conditions of

purchase and use;

Oklahoma Statutes - Title 2. Agriculture Page 262

(7) if it purports to be or is represented as a food for which

a definition and standard of identity or composition has been

prescribed by regulations of the Board under Section 6-187 of this

title unless (A) it conforms to such definition and standard, and

(B) its label bears the name of the food specified in the definition

and standard and, insofar as may be required by such regulations,

the common names of optional ingredients (other than spices,

flavoring, and coloring) present in such food;

(8) if it purports to be or is represented as a food for which

a standard or standards of fill of container have been prescribed by

regulations of the Board under Section 6-187 of this title, and it

falls below the standard of fill of container applicable thereto,

unless its label bears, in such manner and form as such regulations

specify, a statement that it falls below such standard;

(9) if it is not subject to the provisions of subparagraph (7),

unless its label bears (A) the common or usual name of the food, if

any there be, and (B) in case it is fabricated from two or more

ingredients, the common or usual name of each such ingredient;

except that spices, flavorings, and colorings may, when authorized

by the Board, be designated as spices, flavorings, and colorings

without naming each: Provided, that, to the extent that compliance

with the requirements of clause (B) of this subparagraph (9) is

impracticable, or results in deception or unfair competition,

exemptions shall be established by regulations promulgated by the

Board;

(10) if it purports to be or is represented for special dietary

uses, unless its label bears such information concerning its

vitamin, mineral, and other dietary properties as the Board, after

consultation with the Secretary of Agriculture of the United States,

determines to be, and by regulations prescribes as, necessary in

order fully to inform purchasers as to its value for such uses;

(11) if it bears or contains any artificial flavoring,

artificial coloring, or chemical preservative, unless it bears

labeling stating that fact: Provided, that, to the extent that

compliance with the requirements of this subparagraph (11) is

impracticable, exemptions shall be established by regulations

promulgated by the Board; or

(12) if it fails to bear, directly thereon or on its container,

as the Board may by regulations prescribe, the inspection legend

and, unrestricted by any of the foregoing, such other information as

the Board may require in such regulations to assure that it will not

have false or misleading labeling and that the public will be

informed of the manner of handling required to maintain the article

in a wholesome condition.

(l) The term "label" means a display of written, printed, or

graphic matter upon the immediate container (not including package

liners) of any article.

Oklahoma Statutes - Title 2. Agriculture Page 263

(m) The term "labeling" means all labels and other written,

printed, or graphic matter (1) upon any article or any of its

containers or wrappers, or (2) accompanying such article.

(n) The term "Federal Meat Inspection Act" means the act so

entitled approved March 4, 1907 (34 Stat. 1260), as amended by the

Wholesome Meat Act (8 Stat. 584).

(o) The term "Federal Food, Drug, and Cosmetic Act" means the

act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts

amendatory thereof or supplementary thereto.

(p) The term "pesticide chemical", "food additive", "color

additive", and "raw agricultural commodity" shall have the same

meanings for purposes of this act as under the Federal Food, Drug,

and Cosmetic Act.

(q) The term "official mark" means the official inspection

legend or any other symbol prescribed by regulations of the Board to

identify the status of any article or animal under this act.

(r) The term "official inspection legend" means any symbol

prescribed by regulations of the Board showing that an article was

inspected and passed in accordance with this act.

(s) The term "official certificate" means any certificate

prescribed by regulations of the Board for issuance by an inspector

or other person performing official functions under this act.

(t) The term "official device" means any device prescribed or

authorized by the Board for use in applying any official mark.
Okla. Stat. tit. 2, § 2-6-503 — OK Code / Title 2 / Section 2-6-503
Authority to enter premises or mode of transportation –
Status: in_force

Commercial hunting facilities – Rules – Powers of Department.

A. Authorized agents of the Oklahoma Department of Agriculture,

Food, and Forestry shall have the authority to enter any premises or

mode of transportation as authorized pursuant to Section 2-14 of

this title for the purpose of implementing or enforcing the Oklahoma

Farmed Cervidae Act, or rules promulgated pursuant thereto.

B. Authorized agents of the Department of Wildlife Conservation

shall have the authority to enter and inspect any premises pursuant

to Section 3-201 of Title 29 of the Oklahoma Statutes for the

purpose of implementing and enforcing the Oklahoma Wildlife

Conservation Code or rules promulgated pursuant thereto.

C. The Oklahoma Farmed Cervidae Act shall not apply to the

regulation of facilities owned and operated for the purpose of

commercial hunting of farmed or captive-bred cervidae. Commercial

hunting facilities shall remain under the jurisdiction of the

Department of Wildlife Conservation.

D. The State Board of Agriculture is authorized to promulgate

rules necessary, expedient, or appropriate for the performance,

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

provisions of the Oklahoma Farmed Cervidae Act, including the

establishment of fees. All fees shall be fair and equitable to all

parties concerned. Rules shall be promulgated pursuant to the

Administrative Procedures Act.

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

shall have the authority to:

1. Issue, renew, deny, modify, suspend, cancel, and revoke any

registration, permit, certificate, license, identification, or order

issued pursuant to the provisions of the Oklahoma Farmed Cervidae

Act;

2. Issue entry or import permits to any person transporting

farmed cervidae into this state;

3. Investigate complaints and violations of the Oklahoma Farmed

Cervidae Act;

Oklahoma Statutes - Title 2. Agriculture Page 354

4. Issue quarantines, initiate control measures, confiscate,

and destroy farmed cervidae that present a danger to native

cervidae, other animals, or to the public safety or welfare;

5. Negotiate reciprocal agreements with the federal government

or any state, or any department or agency of either; and

6. Exercise all incidental powers as necessary and proper to

implement and enforce the provisions of the Oklahoma Farmed Cervidae

Act.
Okla. Stat. tit. 2, § 2-1906 — OK Code / Title 2 / Section 2-1906
Renumbered as § 11-25 of this title by Laws 2001, c. 146,
Status: in_force

§ 260, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-3011 — OK Code / Title 2 / Section 2-3011
Renumbered as § 5-101 of this title by Laws 2001, c. 146,
Status: in_force

§ 263, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-3-50.15 — OK Code / Title 2 / Section 2-3-50.15
Cooperation with other entities - Written agreements
Status: in_force

The Commissioner is authorized to cooperate with any agency of

the federal government, any state contiguous to this state, any

other agency in this state, or any person engaged in growing,

processing, marketing, or handling cotton in this state, or any

group of persons, in programs to effectuate the purposes of the Boll

Weevil Eradication Act, and may enter into written agreements to

effectuate these purposes. The agreements may provide for cost

sharing, for division of duties and responsibilities pursuant to the

Boll Weevil Eradication Act and may include other provisions that

effectuate the purposes of the Boll Weevil Eradication Act.
Okla. Stat. tit. 2, § 2-11-11 — OK Code / Title 2 / Section 2-11-11
Definitions
Status: in_force

As used in this act:

1. "Extraordinary costs" means costs incurred by an

incorporated municipality's unregulated utility related to the

Oklahoma Statutes - Title 2. Agriculture Page 495

extreme weather that occurred beginning February 7, 2021, and ending

February 21, 2021, including but not limited to fuel-related storage

and associated costs, emergency compressed or liquified natural gas

supplies, contracts for services providing additional pressurization

on lines and transportation pipeline penalties. Extraordinary costs

shall not include extreme purchase costs, as defined in this

section;

2. "Extreme purchase costs" means expenses incurred for the

purchase of fuel, purchased power, natural gas commodity, or any

combination thereof, whether at spot pricing, index pricing, or

otherwise with delivery beginning February 7, 2021, and ending

February 21, 2021;

3. "Utility" shall mean any person or entity doing business in

this state that furnishes natural gas or electric current to its

customers located at an address within this state and within the

service area of the utility; and

4. "Unregulated utility" shall mean any utility, as defined in

this section, which is not subject to the regulatory jurisdiction of

the Corporation Commission with respect to its rates, charges, and

terms and conditions of service.
Okla. Stat. tit. 2, § 2-6-260 — OK Code / Title 2 / Section 2-6-260
Compliance with act
Status: in_force

No establishment processing poultry or poultry products solely

for intrastate commerce shall process any poultry or poultry product

capable of use as human food except in compliance with the

requirements of this act. Any person who violates the provisions of

this section shall, upon conviction, be guilty of a Class D3 felony

offense and shall be punished by imprisonment as provided for in

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

Statutes.
Okla. Stat. tit. 2, § 2-17-8 — OK Code / Title 2 / Section 2-17-8
Filing of Articles of Incorporation or amendments - Fees
Status: in_force

The Articles of Incorporation shall be filed in triplicate with

the Secretary of State. For filing the Articles of Incorporation,

an association shall pay to the Secretary of State a fee of Twenty-

five Dollars ($25.00), and for filing an amendment to the Articles,

a fee of Fifteen Dollars ($15.00).
Okla. Stat. tit. 2, § 2-2013 — OK Code / Title 2 / Section 2-2013
Renumbered as § 11-37 of this title by Laws 2001, c. 146,
Status: in_force

§ 261, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-264 — OK Code / Title 2 / Section 2-6-264
Storage and handling regulations
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 297

A. The Board may by regulations prescribe conditions under

which poultry products capable of use as human food shall be stored

or otherwise handled by any person engaged in the business of

buying, selling, freezing, storing, or transporting, in or for

intrastate commerce, such articles, whenever the Board deems such

action necessary to assure that such articles will not be

adulterated or misbranded when delivered to the consumer. Violation

of any such regulation is prohibited and shall be deemed a Class D3

felony offense punishable by imprisonment as provided for in

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

Statutes.

B. The Board shall promulgate such other rules and regulations

as are necessary to carry out the provisions of this act.

C. When opportunity is afforded for submission of comments by

interested persons on proposed rules or regulations under this act,

it shall include opportunity for oral presentation of views.
Okla. Stat. tit. 2, § 2-18-39 — OK Code / Title 2 / Section 2-18-39
Rules
Status: in_force

Within ninety (90) days of the effective date of this act, the

Oklahoma Beef Council shall promulgate the necessary rules for the

Council to carry out the intent and purposes of the Oklahoma Beef

Improvement and Market Development Act.
Okla. Stat. tit. 2, § 2-9-205.3a — OK Code / Title 2 / Section 2-9-205.3a
Renumbered as § 20-11 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-1301-312 — OK Code / Title 2 / Section 2-1301-312
Renumbered as Section 16-68 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-8-34 — OK Code / Title 2 / Section 2-8-34
Self-supporting basis
Status: in_force

Certification work, whether conducted by the Agricultural

Experiment Station and the Agricultural Extension Service of the

Oklahoma State University, Division of Agricultural Sciences and

Natural Resources, or by an agency designated by them, shall be on a

self-supporting basis and shall not be performed for financial

profit.
Okla. Stat. tit. 2, § 2-6-107 — OK Code / Title 2 / Section 2-6-107
Swine identification verification – Testing requirements
Status: in_force

A. Each person who presents swine for a swine exhibition,

special sale, or show shall provide verification of one of the

following:

1. A federal premises identification number; or

2. A state location identification number.

B. Swine shall be individually identified at the time of

testing with both ear notches and an 840 USDA button-type electronic

official identification ear tag. Untested exhibition swine

originating from a validated-qualified (V/Q) herd shall be similarly

identified prior to exhibition.

C. All swine shall meet one of the following testing

requirements:

1. Oklahoma origin swine shall have a negative brucellosis and

pseudorabies test after May 15 each year for fall exhibitions and

after November 10 each year for spring exhibitions. These tests

shall be valid for the entire respective exhibition season, unless

in the opinion of the designated epidemiologist the swine have been

exposed to pseudorabies or brucellosis. The swine shall also be

accompanied by a copy of the official test chart or a certificate of

Oklahoma Statutes - Title 2. Agriculture Page 251

veterinary inspection listing the test results, laboratory name,

laboratory accession number, and individual identification number.

2. Swine originating from outside of Oklahoma shall meet the

requirements of OAC 35:15-22-33.

3. Each swine shall originate from a V/Q herd and only be

exhibited by an immediate family member of the V/Q herd owner. The

V/Q herd number, most recent quarterly test date, and official

identification numbers of all swine being exhibited shall be listed

on the certificate of veterinary inspection.
Okla. Stat. tit. 2, § 2-15-83 — OK Code / Title 2 / Section 2-15-83
Tax levy for free fair improvement fund - Election -
Status: in_force

Amount - Purpose.

A. At any election held under the provisions of Section 15-80

of this title, there may be also submitted to a vote of the legal

voters of the county, under the same conditions as provided in

Section 15-80 of this title, the question of authorizing and

directing the excise board of such county to make an annual levy of

Oklahoma Statutes - Title 2. Agriculture Page 558

not to exceed one (1) mill, for not to exceed five (5) succeeding

years, to provide a "free fair improvement fund". The fund shall be

used for the purpose of securing suitable grounds, making

improvements thereon and maintaining the same. The fund shall be

for a special purpose.

B. The levy shall be in addition to the maximum levy for

current expenses now provided by law.
Okla. Stat. tit. 2, § 2-15-125 — OK Code / Title 2 / Section 2-15-125
Lease of grounds, buildings and equipment - Lease of
Status: in_force

sites for buildings - Contracts for erection of buildings.

A. The board of directors may, and if in its judgment it will

be to the best interest of the people of said county, lease the

grounds, buildings and equipment, or any part thereof, to any

person, firm, corporation or association for any purpose whatsoever

on any terms deemed reasonable by said board of directors, including

housing animals or equipment or holding exhibitions or contests, or

for the exhibition or contest of any rodeo, baseball, football or

any other game, display or contest, either occasionally or annually,

as long as such lease does not interfere with or is in connection

with the holding of an annual free fair.

B. The board of directors may also, with the approval of the

board of county commissioners, enter into a lease of a portion or

site on the grounds for any term of years they deem reasonable with

any person, firm or corporation for the erection and maintenance of

a building or buildings by the party for permanent displays or

housing equipment or for the permanent housing or shelter of

livestock, or for any other purpose which may benefit the county

free fair association or any of its activities and as long as said

lease or leases do not interfere with or are in connection with the

holding of an annual free fair.

C. The board may contract with any person, firm or corporation

for the erection of a building by such person, firm or corporation

on a specified site to be used by such party, with the provision

that the building shall become the property of the free fair

association at the termination of any number of years to be agreed

upon.
Okla. Stat. tit. 2, § 2-37 — OK Code / Title 2 / Section 2-37
Renumbered as § 15-7 of this title by Laws 2001, c. 146, §
Status: in_force

267, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 745
Okla. Stat. tit. 2, § 2-5-61h — OK Code / Title 2 / Section 2-5-61h
Renumbered as § 14-38 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-10-9.1 — OK Code / Title 2 / Section 2-10-9.1
Short title - Oklahoma Registered Poultry Feeding
Status: in_force

Operations Act – Definitions.

A. Sections 10-9.1 through 10-9.12 of this title shall be known

and may be cited as the "Oklahoma Registered Poultry Feeding

Operations Act".

B. As used in Sections 10-9.1 through 10-9.23 of this title:

1. "Best Management Practices" or "BMPs" means schedules of

activities, prohibitions of practices, maintenance procedures, and

other management practices which prevent or reduce the pollution of

waters of the state as established by the Oklahoma Department of

Agriculture, Food, and Forestry pursuant to Section 10-9.7 of this

title;

Oklahoma Statutes - Title 2. Agriculture Page 457

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

3. "Certificate" means a written document issued to an

individual by the Board pursuant to Section 10-9.17 of this title

which indicates that the individual is authorized to land-apply

poultry waste by the Oklahoma Poultry Waste Applicators

Certification Act;

4. "Certified poultry waste applicator" means a person who has

been certified by the Board to land-apply poultry waste and includes

a commercial poultry waste applicator and a private poultry waste

applicator;

5. "Commercial poultry waste applicator" means any person who

engages in commercial land-application of poultry waste. Any farmer

while working for a neighbor in agricultural production, and not

advertising, nor holding himself or herself out to be in the

business of land-applying poultry waste, shall not be classified as

a commercial poultry waste applicator, but as a private poultry

waste applicator;

6. "Contract growing arrangement" means any growout contract,

marketing agreement, or other arrangement under which a contract

poultry grower cares for or raises poultry;

7. "Contract poultry grower" means any person engaged in the

business of caring for or raising poultry, under a contract growing

arrangement;

8. "Common ownership" includes but is not limited to any person

who has power or authority to manage, direct, restrict, regulate or

oversee the operation or has financial control of two or more

poultry feeding operations;

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

Food, and Forestry;

10. "Expanding operation" means a registered poultry feeding

operation that seeks to increase its registered capacity in excess

of ten percent (10%) of the facility's original registered capacity;

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

thereof where poultry are kept, handled, housed or otherwise

maintained including but not limited to buildings, lots, pens, and

poultry waste management systems;

12. "Integrator" means an entity which unites the elements

associated with the poultry industry, including but not limited to

hatching, feeding, processing, and marketing. It includes, but is

not limited to, situations when growing is contracted out to others

and when the integrator operates its own growing facilities;

13. "Land-application" means the spreading on, or incorporation

into, the soil mantle primarily for beneficial purposes;

14. "Nutrient Management Plan" means a written plan that

includes a combination of conservation and management practices

designed to protect the natural resources of the state as required

by the Oklahoma Department of Agriculture, Food, and Forestry

Oklahoma Statutes - Title 2. Agriculture Page 458

pursuant to the provisions of Section 10-9.7 of this title and shall

also include a certified nutrient management plan and animal waste

management plan;

15. "Operator" means the person who performs the daily

management functions associated with the poultry feeding operation;

16. "Person" means an individual, association, partnership,

firm, company, public trust, corporation, joint stock company, trust

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

representative assignor or successor thereof;

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

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

Oklahoma Water Quality Standards;

18. "Nutrient-vulnerable groundwater" means groundwater which

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

Water Quality Standards;

19. "Poultry" includes chickens, turkeys, ducks, geese, and any

other domesticated bird used for human food and/or animal feed;

20. "Poultry feeding operation" means a property or facility

where the following conditions are met:

a. poultry have been, are or will be confined and fed or

maintained for a total of forty-five (45) days or more

in any twelve-month period,

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

residues are not sustained in the normal growing

season over any portion of the property or facility,

and

c. producing over ten (10) tons of poultry waste per

year;

21. "Poultry waste" means poultry excrement, poultry carcasses,

feed wastes, bedding materials, or any other waste associated with

the confinement of poultry from a poultry feeding operation;

22. "Poultry waste management system" means a combination of

structures and practices serving a poultry feeding operation that

provides for the collection, treatment, disposal, distribution,

storage, and land-application of poultry waste;

23. "Private poultry waste applicator" means any person who is

not a commercial poultry waste applicator but engages in the land

application of poultry waste for purposes including, but not limited

to, producing any agricultural commodity on property owned or rented

by the person or such person's employer, or if applied without

compensation other than trading of personal services between

producers of agricultural commodities, on the property of another

person;

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

structures utilized to control poultry waste until it can be

utilized in an authorized manner; and

Oklahoma Statutes - Title 2. Agriculture Page 459

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

marshes, watercourses, waterways, wells, springs, irrigation

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

accumulations of water, surface and underground, natural or

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

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

include under all circumstances the waters of the United States

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

upon this state or any portion thereof. Process wastewaters shall

not be considered as waters of the state if contaminated at the

site.
Okla. Stat. tit. 2, § 2-20-53 — OK Code / Title 2 / Section 2-20-53
License required for operation - Jurisdiction of
Status: in_force

Department of Environmental Quality.

A. 1. It shall be unlawful for any person to operate a

concentrated animal feeding operation without first obtaining a

license from the State Board of Agriculture.

2. The owner or operator of an animal feeding operation not

classified as a concentrated animal feeding operation may apply for

a license if the owner or operator elects to come under the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act and the rules of the State Board of Agriculture.

B. 1. The Department of Environmental Quality shall have

environmental jurisdiction over:

a. commercial manufacturers of fertilizers, grain and

feed products, and chemicals, and over manufacturing

of food and kindred products, tobacco, paper, lumber,

wood, textile mill and other agricultural products,

b. slaughterhouses, but not including feedlots at these

facilities, and

c. aquaculture and fish hatcheries, including, but not

limited to, discharges of pollutants and storm water

to waters of the state, surface impoundments and land

application of wastes and sludge, and other pollution

originating at these facilities.

2. Facilities storing grain, feed, seed, fertilizer, and

agricultural chemicals that are required by federal National

Pollutant Discharge Elimination System regulations to obtain a

permit for storm water discharges shall only be subject to the

jurisdiction of the Department of Environmental Quality with respect

to storm water discharges.
Okla. Stat. tit. 2, § 2-99 — OK Code / Title 2 / Section 2-99
Renumbered as § 15-60 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-4-3 — OK Code / Title 2 / Section 2-4-3
Approval of brands - Certificates - Conflicts - Brand book
Status: in_force

The State Board of Agriculture may designate a statewide

livestock organization to approve brands for registration, issue

certificates, and serve as an adjudicating committee in resolving

conflicts. The organization shall publish a State Brand Book which

shall contain a facsimile of each registered brand with the owner's

name and address. In the event the Board determines that the

statewide livestock organization fails to perform the duties

designated in the brand law or is no longer representative of the

majority of livestock producers in Oklahoma, the Board shall

designate a new statewide livestock organization or shall perform

the duties associated with the brand law, including maintenance of

the State Brand Book, receipt of fees for application processing and

other duties.

Oklahoma Statutes - Title 2. Agriculture Page 163
Okla. Stat. tit. 2, § 2-15-81 — OK Code / Title 2 / Section 2-15-81
Election proclamation - Publication - Contents
Status: in_force

A. The election, as provided in Section 15-80 of this title,

shall be called and held pursuant to the provisions of this section.

B. The board of county commissioners shall cause to be

published in a county newspaper of general circulation in the

county, for four consecutive issues, a proclamation calling an

election. The proclamation shall include a detailed statement of

the proposition.

C. The proclamation shall state the exact method by which the

electors shall vote their preference for the location of the free

fair site.
Okla. Stat. tit. 2, § 2-18-61 — OK Code / Title 2 / Section 2-18-61
Penalties
Status: in_force

Any person who violates any of the provisions of the Oklahoma

Peanut Act shall be deemed guilty of a misdemeanor, and upon

conviction thereof shall be punished by a fine of not less than

Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars

($500.00).
Okla. Stat. tit. 2, § 2-6-401 — OK Code / Title 2 / Section 2-6-401
Animal disease threatening domestic animal population
Status: in_force

and/or public welfare – Certification – Declaration of emergency by

Governor.

A. 1. If the State Board of Agriculture determines that a

confirmed case of an animal disease in this state presents a

substantial and imminent threat to the state's domestic animal

population and/or to protect the public welfare, the Board shall

certify the case to the Governor.

2. After receiving certification from the Board, the Governor

may declare an emergency pursuant to this section for purposes of

allowing the Board to establish quarantine zones of control to

protect the health of domestic animals and the public welfare from

disease. The Governor may declare an emergency pursuant to this

section without declaring an emergency under the Oklahoma Civil

Defense and Emergency Resources Management Act of 1967.

3. A declaration pursuant to this section:

a. may specify that it applies to all or certain units of

the state or local government,

b. must specify the time period for which it applies, and

c. must be filed with the Secretary of State.

4. The provisions of this subsection are in addition to and do

not limit authority granted to the Governor or local government

officials by other provisions of law.

B. 1. The Board may meet by electronic means without violating

state open meeting laws for the purpose of declaring that a highly

suspicious case of a disease in this state presents a substantial

and imminent threat to the state's domestic animal population.

2. If the Board meets by electronic means for this purpose, it

shall comply with the emergency meeting notice provisions of Section

311 of Title 25 of the Oklahoma Statutes and, to the fullest extent

possible, provide public and media access to the meeting.
Okla. Stat. tit. 2, § 2-5-60.18 — OK Code / Title 2 / Section 2-5-60.18
Exemption from assessment
Status: in_force

A. The original referendum and subsequent board elections may

provide exemptions for producers from payment of the assessment if

the exemptions are included in full written form on the election

ballot and are approved by:

1. Two-thirds or more of those voting in the election; or

2. More than one-half of those voting in the election and those

voting in favor of the proposition produce at least fifty percent

(50%) of the volume of production of the commodity during the

relevant production period.

B. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.
Okla. Stat. tit. 2, § 2-6-150 — OK Code / Title 2 / Section 2-6-150
Definitions
Status: in_force

As used in this Article:

1. “Approved market” means any livestock market, auction, or

stockyard which operates under the specific approval of the United

States Department of Agriculture, the Oklahoma Agricultural Code,

and the rules of the Board;

2. "Approved veterinarian" means a graduate veterinarian

licensed and accredited by the state of origin and the United States

Department of Agriculture, or an authorized veterinary inspector of

the United States Department of Agriculture;

3. “Livestock” means any animal or bird to be imported into the

State of Oklahoma for any purpose;

4. "Official health certificate" or “certificate of veterinary

inspection” means a legible declaration on an official form from the

state of origin or from the United States Department of Agriculture,

issued by an approved veterinarian and approved by the chief

livestock health official of the state of origin;

An official health certificate or certificate of veterinary

inspection shall contain the name and address of the consignor and

consignee, age, sex, number, breed of livestock, and sufficient

identifying marks and/or tags to positively identify the livestock

listed on the health certificate. The health certificate shall also

contain a statement by the approved veterinarian that such livestock

are free from evidence of all contagious, infectious, or

communicable diseases and do not originate from a district of

quarantine, infestation or infection. A health certificate shall be

void thirty (30) days after the date of its issuance. A copy of the

health certificate shall be forwarded to the Oklahoma State

Veterinarian, Oklahoma City, Oklahoma; and

5. “Permit” means written permission by the State Board of

Agriculture to move certain livestock into or within the State of

Oklahoma with or without an official health certificate. A permit

shall contain the name and address of the consignor and the

consignee, and the number, age, sex, and breed of the livestock.
Okla. Stat. tit. 2, § 2-14-42 — OK Code / Title 2 / Section 2-14-42
Penalty
Status: in_force

It shall be unlawful for any person to violate any provision of

this article or rules promulgated by the State Board of Agriculture.

No person shall:

1. Use or have in possession for use in commerce any incorrect

weight or measure;

2. Remove any tag, seal, or mark from any weight or measure

without specific written authorization from the proper authority; or

3. Hinder or obstruct any weights and measures official in the

performance of the duties of such official.
Okla. Stat. tit. 2, § 2-361b — OK Code / Title 2 / Section 2-361b
Renumbered as § 17-3 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-16-24.1 — OK Code / Title 2 / Section 2-16-24.1
Lawful burning
Status: in_force

A. It shall be lawful for an owner of croplands, rangelands,

grasslands, forestlands, or other wild lands to set the croplands,

rangelands, grasslands, forestlands, or other wild lands on fire for

the purposes of:

1. Managing and manipulating plant species present whether

grass, weeds, brush, or trees; and

2. Destroying detrimental or unwanted plants, plant parts,

shrubs or trees on the croplands, rangelands, grasslands,

forestlands, or other wild lands; and

3. Cedar tree eradication.

B. The provisions of this section shall not be construed to

exempt or release a person from civil liability for damages or

injury incurred as a result of the burn or for criminal liability as

imposed pursuant to the Oklahoma Forestry Code.
Okla. Stat. tit. 2, § 2-16-8 — OK Code / Title 2 / Section 2-16-8
Forestry Division - Appointment of forestry employees - Powers and duties - Entry upon
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 24Powers and duties - Entry upon lands - Arrests, etc.

A. The Forestry Division of the Oklahoma Department of

Agriculture, Food, and Forestry, in connection with the enforcement

of the Oklahoma Forestry Code, shall have the following powers,

authority, and duties:

1. To enforce the provisions of this code and other forest and

forest protection laws of this state;

2. To prevent, mitigate, detect, suppress, and investigate

wildfires in this state;

3. To provide wildland firefighting crews, who shall be under

the control and direction of forest rangers and other designated

agents of the Division;

4. To appoint district foresters, investigators, rangers, and

other employees;

Oklahoma Statutes - Title 2. Agriculture Page 581

5. To use the resources of the Division on state-owned parks

and other state-administered land to prevent and suppress wildfires,

to mitigate hazardous wildland fuels, and to establish wildland

firefighting crews, who shall be authorized to suppress wildfires on

state land;

6. To be reimbursed on an actual cost basis for all services

provided to state parks and other land administered by the State of

Oklahoma;

7. To investigate cases of forest timber theft;

8. To make available for sale surplus state vehicles directly

to rural fire departments or municipal fire departments, in cities

or towns under ten thousand (10,000) population. State vehicles may

be offered for sale only after approval is given in writing by the

Office of Management and Enterprise Services and an evaluation is

made of each vehicle and a price set by the Office of Management and

Enterprise Services. The Forestry Division may only receive the

amount authorized by the Office of Management and Enterprise

Services for the sale of the vehicle;

9. To purchase equipment from the Rural Fire Defense Equipment

Revolving Fund's inventory, when advantageous to the state, and to

reimburse the Revolving Fund; and

10. To plan and conduct prescribed burning at the request and

expense of landowners on public or private land for the purpose of

controlling invasive or exotic species, for hazardous fuel

reduction, wildlife habitat manipulation, ecosystem restoration, or

achieving silvicultural objectives. Forestry Division employees

shall be protected under The Governmental Tort Claims Act and shall

not be personally liable beyond the limits established therein for

activities pursuant to this paragraph unless gross negligence is

established in a competent court of law.

B. Forest rangers, and the firefighting crews under their

control and direction, may enter upon any land for the purpose of

preventing and suppressing wildfires and to enforce the provisions

of the Oklahoma Forestry Code and other wildfire and forest

protection laws of this state.

C. Forest rangers, employees of the Division, and all persons

under contract or agreement with the Division to assist in

firefighting operations, as well as persons called upon by forest

rangers or other authorized employees of the Division to assist in

firefighting under the direction or supervision of employees of the

Division, may, in the performance of their duties, set backfires,

dig trenches, construct control lines, and carry on all customary

activities in the fighting of wildfires without incurring liability

to any person.

D. Under the direction of forest rangers and upon written

consent of the landowner, county officers and employees may, in the

performance of their duties and without incurring liability to any

Oklahoma Statutes - Title 2. Agriculture Page 582

person, construct control lines and carry out all customary

activities for conducting prescribed burns to mitigate hazardous

wildland fuels to prevent wildfires on private lands.

E. Upon written consent from a landowner or designated agent,

forest rangers, in the performance of their duties and without

incurring liability to any person, may construct control lines,

carry out all customary activities for conducting prescribed burns,

and utilize mechanized equipment to reduce hazardous wildland fuels

in order to mitigate or reduce the effects of wildfires on lives,

property, forests, and natural resources on private and public lands

in this state.

1. The Director of the Forestry Division may appoint, subject

to the approval of the State Board of Agriculture, special officers

who shall have the power and authority to arrest. The special

officers shall have power and authority throughout the state, under

the direction and control of the Division, to enforce the criminal

provisions contained in the Oklahoma Forestry Code, other laws

relating to forests and wildfires and the Oklahoma Agricultural

Code.

2. The special officers shall have power and authority to make

arrests with or without warrants for violations of the criminal

provisions of the Oklahoma Forestry Code, other laws relating to

forests and wildfires and the Oklahoma Agricultural Code to the same

extent and under the same limitations and duties as peace officers

under the provisions of Chapter 3 of Title 22 of the Oklahoma

Statutes.

3. In connection with the enforcement of the criminal

provisions, the special officers and other state investigators or

law enforcement officers may go upon all premises when necessary for

the enforcement of laws. All special officers shall be ex officio

forest rangers and shall be under the control and direction of the

Division; except, the Director may at any time, for cause, remove

any powers and authority of arrest conferred. Special officers

shall have the same right and authority to carry arms as the

sheriffs of this state. The compensation of special officers shall

be fixed and paid by the Division from its funds.
Okla. Stat. tit. 2, § 2-6-184 — OK Code / Title 2 / Section 2-6-184
Postmortem inspection - Marking or stamping
Status: in_force

For the purposes hereinbefore set forth the Board shall cause to

be made by inspectors appointed for that purpose, as hereinafter

provided, a postmortem examination and inspection of the carcasses

and parts thereof of all cattle, bison, sheep, swine, goats, horses,

mules, and other equines, capable of use as human food, to be

prepared at any slaughtering, meat-canning, salting, packing,

rendering, or similar establishment in this state in which such

articles are prepared for intrastate commerce; and the carcasses and

parts thereof of all such animals found to be not adulterated shall

be marked, stamped, tagged, or labeled, as "Inspected and Passed";

and said inspectors shall label, mark, stamp, or tag, as "Inspected

and Condemned", all carcasses and parts thereof of animals found to

be adulterated; and all carcasses and parts thereof thus inspected

and condemned shall be destroyed for food purposes by the said

establishment in the presence of an inspector, and the Board may

remove inspectors from any such establishment which fails to so

destroy any such condemned carcass or part thereof, and said

inspectors, after said first inspection, shall, when they deem it

necessary, reinspect said carcasses or parts thereof to determine

whether, since the first inspection, the same have become

adulterated and if any carcass or any part thereof shall, upon

examination and inspection subsequent to the first examination and

inspection, be found to be adulterated, it shall be destroyed for

food purposes by the said establishment in the presence of an

inspector, and the Board may remove inspectors from any

establishment which fails to destroy any such condemned carcass or

part thereof.
Okla. Stat. tit. 2, § 2-18-190 — OK Code / Title 2 / Section 2-18-190
Referendum on continuation of assessments
Status: in_force

A. Producers may petition at any time for a referendum to

determine if the assessments levied by the Oklahoma Sheep and Wool

Producers Act are to continue. The President of the State Board of

Agriculture shall call and conduct a referendum if the petitions

bear signatures of ten percent (10%) of the sheep and wool

producers.

B. No more than one such referendum shall be conducted in any

one thirty-six-month period. The State Board of Agriculture shall

determine if the petition bears the required number of valid

signatures.

C. The President shall announce the referendum at least thirty

(30) days prior to the day of voting. At least thirty (30) days

Oklahoma Statutes - Title 2. Agriculture Page 650

before the referendum the President shall mail a notice of said

referendum to all known sheep and wool producers in the State of

Oklahoma who market sheep or wool. The notice shall specify the

dates, times and places for holding the referendum and shall include

a sample ballot with the following wording:

DO YOU FAVOR A CONTINUATION OF THE FIFTEEN CENT ($0.15)

ASSESSMENT PER HEAD ON SHEEP MARKETED IN OKLAHOMA AND THE ONE

CENT ($0.01) ASSESSMENT PER POUND ON WOOL MARKETED IN OKLAHOMA

FOR UTILIZATION, RESEARCH AND MARKET DEVELOPMENT?

YES _____ NO _____

D. Places within each county for conducting such referendum

shall be designated by the Cooperative Extension Service of Oklahoma

State University. Voting in each county shall be supervised by the

county extension director or person designated by the Cooperative

Extension Service if there is no county extension director in a

county at the time of the referendum.

E. The Sheep and Wool Utilization, Research and Market

Development Commission shall ensure sufficient ballots and supplies

necessary for the conduct of the voting and tabulation of returns.

F. Certified results of the referendum in each county shall be

transmitted within twenty-four (24) hours after voting ends to the

President of the State Board of Agriculture and the ballots

themselves shall be transmitted to the President within forty-eight

(48) hours.

G. Ballots shall be preserved by the President for a period of

at least three (3) months.

H. The results of the referendum shall be determined by the

President and certified to the Governor, who shall issue a

proclamation declaring the results.

I. The Commission shall bear expenses of advertising and

conducting the referendum.

J. Whenever the question of levying the assessments is

disapproved, by failure of sixty percent (60%) of the producers

voting in the referendum to favor continuation of the assessments,

the proclamation declaring the result shall provide for the

termination of the assessments on April 30 following the date of

such referendum.

K. Thirty (30) days after termination of the assessments, all

remaining funds of the Commission shall be transferred to the

Experiment Stations of Oklahoma State University to be used for

continued research on sheep and wool.
Okla. Stat. tit. 2, § 2-3-212 — OK Code / Title 2 / Section 2-3-212
Definitions
Status: in_force

As used in the Weed Free Hay Certification Act, unless otherwise

stated:

1. “Hay” means any agricultural forage crop product whether

cultivated or not cultivated, irrigated or nonirrigated, planted or

naturally occurring;

2. “Noxious weeds” means those weeds, including any weed seed

or propagative plant parts, designated by the State Board of

Agriculture as noxious and are prohibited, and shall include those

noxious weeds identified in Section 3-220 of Title 2 of the Oklahoma

Statutes;

3. “Qualified inspector” means a person qualified to identify

noxious weeds pursuant to standards promulgated by the Board;

4. “Weed free” means any hay certified as free of noxious

weeds; and

5. “Weed-free certification” means hay inspected and certified

as free of noxious weeds pursuant to standards adopted by the Board.
Okla. Stat. tit. 2, § 2-15-117 — OK Code / Title 2 / Section 2-15-117
Members not paid - Salary and bond of secretary
Status: in_force

No member of the board of directors shall be paid nor receive

any salary, compensation, nor emolument for his or her services in

connection with such agricultural and industrial exposition and

fair. The secretary shall be paid a salary to be fixed by the board

of directors to be paid in equal monthly installments. The

secretary shall give a surety bond in an amount to be fixed by the

board of directors and to be approved by the board payable to the

county and conditioned for the faithful performance of duties. The

premium for the bond shall be paid by the board of directors out of

the free fair funds.

Oklahoma Statutes - Title 2. Agriculture Page 567
Okla. Stat. tit. 2, § 2-3-401 — OK Code / Title 2 / Section 2-3-401
Short title - Oklahoma Industrial Hemp Program
Status: in_force

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

Industrial Hemp Program".
Okla. Stat. tit. 2, § 2-6-5 — OK Code / Title 2 / Section 2-6-5
Reports of contagious or infectious animal diseases –
Status: in_force

Release of information.

A. Any report of contagious or infectious animal diseases

obtained pursuant to the requirements of Section 698.15 of Title 59

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

Agriculture shall not be required to be produced pursuant to the

Oklahoma Open Records Act except in such a way that no person or

farm can be individually identified, unless otherwise provided for

by law. Specific information shall not be released except under the

following circumstances:

1. Release is made upon court order;

2. Release is made in writing, by or with the written consent

of the person whose information is being kept confidential;

3. Release is necessary as determined by the State Veterinarian

to protect the health and well-being of the general public or

domestic animals;

4. Release is made of medical or epidemiological information to

health or veterinary professionals, appropriate state agencies or

appropriate courts to enforce the provisions of this title and

related rules concerning the control and treatment of animal

diseases; or

5. Release is made of specific medical or epidemiological

information for statistical purposes whether within the State of

Oklahoma or throughout the United States, in such a way that no

person or farm can be identified.

B. Nothing in this section shall be construed to limit the

ability of the State Veterinarian or the State Board of Agriculture

from utilizing reported information to the extent deemed necessary

Oklahoma Statutes - Title 2. Agriculture Page 245

and for enforcing any provisions of Title 2 of the Oklahoma

Statutes.
Okla. Stat. tit. 2, § 2-100 — OK Code / Title 2 / Section 2-100
Renumbered as § 15-61 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-2-18.1 — OK Code / Title 2 / Section 2-2-18.1
Pollution of air, land, or waters - Order to cease -
Status: in_force

Administrative penalty.

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

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

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

jurisdiction of the Oklahoma Department of Agriculture, Food, and

Forestry pursuant to the Oklahoma Environmental Quality Act.

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

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

of the Oklahoma Department of Agriculture, Food, and Forestry

pursuant to the Oklahoma Environmental Quality Act have been or are

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

pollution cease within a time period determined by the Department,

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

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

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

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

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

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

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

hazardous substance or hazardous waste as those terms are defined by

state law.

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

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

include:

a. associated nonhazardous bedding, compost, raw

materials, or other nonhazardous materials commingled

with the excrement,

b. nonhazardous process water associated with the

excrement or materials, or

c. nonhazardous byproducts, constituents, or substances

contained in or originating from the excrement,

materials, or process water.

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

applicability of any other provision of the Oklahoma Agricultural

Code.
Okla. Stat. tit. 2, § 2-20-50 — OK Code / Title 2 / Section 2-20-50
Prevention of hydrologic connection between wastewaters
Status: in_force

and waters of state.

A. Any hydrologic connection between wastewater and waters of

the state outside that authorized by the provisions of the Oklahoma

Concentrated Animal Feeding Operations Act shall constitute a

discharge to waters of the state.

B. Site-specific conditions shall be considered in the design

and construction of liners. Liners for retention structures shall

be designed and constructed in accordance with the provisions of

this section and generally accepted engineering practices

established by rules of the Board or as required by the federal

Environmental Protection Agency. Liners for lagoons owned or

operated by an animal feeding operation with less than one thousand

(1,000) animal units may be designed and constructed pursuant to

Technical Note 716 of the United States Department of Agriculture

Natural Resources Conservation Service or its current equivalent so

long as the facility is designed by the United States Department of

Agriculture Natural Resources Conservation Service.

C. 1. When a liner is installed to prevent hydrologic

connection, the licensee or the owner shall maintain the liner to

inhibit infiltration of wastewaters. Documentation of liner

maintenance shall be maintained at the facility.

2. An environmental, agricultural, or other approved

professional engineer licensed pursuant to Section 475.12 of Title

59 of the Oklahoma Statutes shall conduct a site evaluation every

five (5) years on the retention structure of every concentrated

animal feeding operation with such a structure to ensure liner

integrity. If the owner or operator suspects that a retention

structure is leaking, the owner or operator shall report suspected

leakage to the Department.

D. All substances entering the retention structures shall be

composed entirely of wastewaters from the proper operation and

maintenance of an animal feeding operation and the runoff from the

animal feeding operation area. The disposal of any materials, other

than substances associated with proper operation and maintenance of

the facility into the containment structures, including but not

limited to human waste, is prohibited.

E. Documentation, sampling data, and any other records required

by this section shall be maintained on site for as long as the

facility is in operation. Samples collected during the first year

of the retention structure may be considered the baseline data and

shall be retained on site as long as the facility is in operation.

Baseline data for the facility shall be determined based on the best

information available.
Okla. Stat. tit. 2, § 2-20-19 — OK Code / Title 2 / Section 2-20-19
Setback requirements
Status: in_force

A. Except as authorized by this subsection, no liquid swine

waste shall be land applied within five hundred (500) feet of the

nearest corner of an occupied residence not owned or leased by the

owner of the swine feeding operation.

B. Except as otherwise provided by Section 20-20 of this title,

no concentrated swine feeding operation shall be established within

one (1) mile of ten or more residences that are occupied residences

at the time of the establishment of the concentrated swine feeding

operation.

C. The proscription contained in subsections A and B of this

section shall not apply if the applicable property owner executes a

written waiver with the owner or operator of the swine feeding

operation, under the terms and conditions that the parties

negotiate. The written waiver becomes effective upon recording of

the waiver in the offices of the recorder of deeds in the county

where the property is located. The filed waiver shall preclude

enforcement of the setback requirements contained in subsections A

and B of this section. A change in ownership of the applicable

property or change in the ownership of the property on which the

swine feeding operation is located shall not affect the validity of

the waiver.

D. No liquid swine waste shall be land applied within three

hundred (300) feet of an existing public or private drinking water

well.

E. Except as provided by Section 20-20 of this title, no

concentrated swine feeding operation shall be established if

located:

1. Within three (3) miles of a state park or resort;

2. On land within three (3) miles of the incorporated limits of

any municipality, unless the municipality's governing body executes

a written waiver of the setback for the particular swine feeding

operation. A change in ownership of the property on which the

animal feeding operation is located shall not affect the validity of

the waiver; or

Oklahoma Statutes - Title 2. Agriculture Page 706

3. Within three (3) miles of the high water mark of a surface

public water supply if the concentrated swine feeding operation is

located within the drainage basin for the public water supply.

F. All distances between occupied residences and swine feeding

operations shall be measured from the closest corner of the walls of

the occupied residence to the closest point of the nearest waste

facility, as determined by the Department. The property boundary

line of the real property is not used unless it coincides with the

closest point of the waste facility or occupied residence.
Okla. Stat. tit. 2, § 2-361u — OK Code / Title 2 / Section 2-361u
Renumbered as § 17-22 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-20-4 — OK Code / Title 2 / Section 2-20-4
Rulemaking and employing authority
Status: in_force

The State Board of Agriculture is authorized to promulgate rules

for the administration, implementation, and enforcement of the

Oklahoma Swine Feeding Operations Act. For the performance of its

duties and responsibilities, the Board is authorized to employ such

personnel and agents as may be required within the funds available.
Okla. Stat. tit. 2, § 2-8-41.4 — OK Code / Title 2 / Section 2-8-41.4
Licenses – Application – Fees – Suspension - Violations
Status: in_force

A. 1. Valid licenses are required by all persons whose name

appears on the label or invoice as the guarantor manufacturing or

distributing of a commercial feed product in this state. The

license application must list each manufacturing and distribution

facility which is or will be engaged in distributing any feed sold,

offered for sale, or distributed by the applicant. No license is

required of a person retailing or wholesaling commercial feed

labeled and guaranteed by another manufacturer. Any out-of-state

person who has no distribution facility within this state shall

obtain a license for the entity's principal out-of-state office if

the out-of-state person or other entity sells, offers or exposes for

sale, or distributes any commercial feed in this state.

2. Application shall be made on a form furnished by the State

Board of Agriculture.

3. The Board may establish an annual fee for licensing

distributors pursuant to the provisions of the Oklahoma Commercial

Feed Law. The Board shall follow the procedures required by the

Administrative Procedures Act for promulgation of rules in

establishing the licensing fees.

4. Licenses shall be renewed on a date to be determined by the

Board. Commercial feed license renewal applications received thirty

(30) days or more after the renewal date shall be subject to a late

filing fee of Fifty Dollars ($50.00).

B. Any license may be suspended, canceled, revoked, or refused

reissue by the Board after notice and opportunity for a hearing has

been given to the holder of the license in accordance with the

Administrative Procedures Act. Notice shall be given to the holder

of the license by registered or certified mail at least twenty (20)

days prior to the date of the hearing. The suspension,

cancellation, revocation, refusal to issue, or reissue may be made

Oklahoma Statutes - Title 2. Agriculture Page 398

if the Board finds any violation of the Oklahoma Commercial Feed Law

or of rules or standards prescribed by the Board.

C. When the Board has reasonable cause to believe a violation

of the law may exist, copies of labels and labeling of commercial

feed being distributed may be requested in order to determine

compliance with the provisions of the Oklahoma Commercial Feed Law,

Section 8-41.1 et seq. of this title.
Okla. Stat. tit. 2, § 2-1109.1 — OK Code / Title 2 / Section 2-1109.1
Renumbered as § 18-59 of this title by Laws 2001, c
Status: in_force

146, § 251, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-14-84 — OK Code / Title 2 / Section 2-14-84
Disposition of fees
Status: in_force

All fees collected for analytical work in the laboratory shall

be deposited in the State Department of Agriculture Revolving Fund

and shall be used solely to perform analytical work.
Okla. Stat. tit. 2, § 2-10-75 — OK Code / Title 2 / Section 2-10-75
Standards
Status: in_force

A. The United States Department of Agriculture egg standards of

size and quality shall be used as minimum standards for the State of

Oklahoma.

Oklahoma Statutes - Title 2. Agriculture Page 487

B. Standards for egg products shall be the “Egg Products

Inspection Act” (P.L. 91-597, 84 Stat. 1620 et seq.) including all

amendments thereto.
Okla. Stat. tit. 2, § 2-9-139 — OK Code / Title 2 / Section 2-9-139
Payment for purchases of livestock for slaughter
Status: in_force

A. 1. Unless agreed to in writing between the owner and the

purchaser, the agent, or representative of the purchaser for each

transaction, it shall be unlawful for any person who purchases

livestock for slaughter, whether acting individually, as agent, or

representative of another, to fail or refuse to make payment by

negotiable check or wire transfer of funds to the owner, or the

representative, agent, or assignee of the owner for the livestock on

the business day within which the ownership of the livestock is

transferred within the State of Oklahoma.

2. If the transfer of ownership is accomplished after normal

banking hours, the payment shall be made in the manner provided not

later than the close of the first business day following the

transfer of ownership.

3. For the purposes of this section, if livestock is sold and

purchased on a grade and yield basis, the transfer of ownership

Oklahoma Statutes - Title 2. Agriculture Page 452

shall be deemed to have occurred on the day when the grade and yield

is determined.

B. Payment for livestock purchased for slaughter shall be made

by negotiable check or wire transfer of funds and shall be drawn on

a banking institution within the Federal Reserve District where the

transaction takes place, unless agreed to in writing between the

owner and the purchaser or the agent, or representative of the

purchaser.
Okla. Stat. tit. 2, § 2-1907 — OK Code / Title 2 / Section 2-1907
Renumbered as § 11-26 of this title by Laws 2001, c. 146,
Status: in_force

§ 260, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-142 — OK Code / Title 2 / Section 2-15-142
Method of establishment
Status: in_force

In any county in this state coming within the provisions of

Section 15-141 of this title, the board of county commissioners may,

by a resolution entered of record in the commissioners' journal of

proceedings, disclose its intention to avail such county of the

provisions and terms of Sections 15-141 through 15-147 of this

title, and within thirty (30) days after entry of the resolution of

record, the board of county commissioners shall meet for the purpose

of placing in force and effect the provisions of Sections 15-141

through 15-147 of this title.
Okla. Stat. tit. 2, § 2-131.7 — OK Code / Title 2 / Section 2-131.7
Renumbered as § 15-117 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-788.3 — OK Code / Title 2 / Section 2-788.3
Renumbered as § 8-33 of this title by Laws 2001, c. 146,
Status: in_force

§ 248, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1038 — OK Code / Title 2 / Section 2-1038
Renumbered as § 18-317 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1301-206 — OK Code / Title 2 / Section 2-1301-206
Renumbered as Section 16-26 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-2A-23 — OK Code / Title 2 / Section 2-2A-23
Rules designating application tiers
Status: in_force

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

promulgate rules to implement the Oklahoma Agriculture Environmental

Permitting Act for each tier that will to the greatest extent

possible:

1. Enable applicants to follow a consistent application

process;

2. Ensure that uniform public participation opportunities are

offered;

3. Provide for uniformity in notices required of applicants;

and

4. Set forth procedural application requirements.

B. The rules shall designate applications as Tier I, II, or III

and shall at a minimum be consistent with federal law. In making

these determinations, the Board shall consider information and data

offered on:

1. The significance of the potential impact of the type of

activity on the environment;

2. The amount, volume, and types of waste proposed to be

accepted, stored, treated, disposed, discharged, emitted, or land

applied;

3. The degree of public concern traditionally connected with

the type of activity;

4. The federal classification, if any, for the proposed

activity, operation, or type of site or facility; and

5. Any other factors relevant to the determinations.

C. For purposes of this section, the Board shall ensure that

designations are, at a minimum, consistent with any analogous

classifications set forth in applicable federal programs.

D. The rules for each tier shall:

1. Set forth uniform procedures for filing an application;

Oklahoma Statutes - Title 2. Agriculture Page 85

2. Contain specific uniform requirements for each type of

notice and public participation or hearing opportunities required by

the Oklahoma Agriculture Environmental Permitting Act;

3. Contain other provisions needed to implement and administer

the Oklahoma Agriculture Pollutant Discharge Elimination System Act;

and

4. Designate positions to which the Director may delegate, in

writing, the power and duty to issue, renew, amend, modify, and deny

permits.
Okla. Stat. tit. 2, § 2-9-215 — OK Code / Title 2 / Section 2-9-215
Renumbered as § 20-29 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-10-73 — OK Code / Title 2 / Section 2-10-73
Refrigeration
Status: in_force

A. Eggs at the retail level shall be refrigerated at an ambient

temperature of forty-five degrees (45°) Fahrenheit or lower. Eggs

shall not be allowed to freeze.

B. Eggs stored at the packer's facility that are intended for

sale to the consumer shall be held at a temperature in accordance

with the USDA standards.

C. Except as provided in this section, eggs intended for sale

to the consumer shall be stored and transported under refrigeration

at an ambient temperature of forty-five degrees (45°) Fahrenheit or

lower. All containers of shell eggs packed for the purpose of

resale to the consumer are to be labeled with the following

statement: “Keep refrigerated at or below 45 degrees Fahrenheit”.

This should be done at time of grading.

D. 1. Eggs being transported or held at retail or dealer

locations without proper refrigeration may be destroyed or shipped

to an egg processor.

2. Destruction or shipment of eggs as required by this

subsection shall be under the supervision of an authorized agent of

the Board.

3. Packers shall not be responsible for the interior quality of

eggs if all handling procedures in this section are not followed by

all parties after the sale of the eggs by the packer.

E. At retail locations a sign furnished by the Oklahoma

Department of Agriculture, Food, and Forestry stating the proper

procedure for storage and handling of eggs shall be permanently

displayed at a location easily seen by egg-handling employees.
Okla. Stat. tit. 2, § 2-20-1 — OK Code / Title 2 / Section 2-20-1
Legislative intent
Status: in_force

It is the intent of the Legislature that the law contained in

the Oklahoma Swine Feeding Operations Act shall only apply to swine

and operations which house swine.
Okla. Stat. tit. 2, § 2-361t — OK Code / Title 2 / Section 2-361t
Renumbered as § 17-21 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-1850.9 — OK Code / Title 2 / Section 2-1850.9
Renumbered as § 18-248 of this title by Laws 2001, c
Status: in_force

146, § 266, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-9-31 — OK Code / Title 2 / Section 2-9-31
Lost or destroyed receipt - Duplicate receipts -
Status: in_force

Settlement for stored commodities - Canceled original warehouse

receipts.

A. If a warehouse receipt is lost or destroyed and a duplicate

receipt is desired, a duplicate shall be issued in the same manner

as the original receipt upon affidavit of the owner of the original

receipt that the receipt has been lost or destroyed. When the owner

has furnished the warehouseman an acceptable bond in an amount equal

to the value of the commodities represented by the lost or destroyed

receipt at the time the bond is given, the bond shall indemnify the

warehouseman against loss or damage by reason of the issuance of the

duplicate receipt.

Oklahoma Statutes - Title 2. Agriculture Page 439

B. If a warehouse receipt is lost or destroyed and a settlement

for the stored commodities is desired, the settlement shall be made

upon affidavit of the owner of the original receipt that the receipt

has been lost or destroyed. When the owner has furnished the

warehouseman an acceptable bond in an amount equal to the value of

the commodities represented by the lost or destroyed receipt at the

time the bond is given, the bond shall indemnify the warehouseman

against loss or damage sustained by reason of making the settlement

of delivering the described commodities.

C. Bonds executed in accordance with this section shall be

treated as canceled original warehouse receipts.
Okla. Stat. tit. 2, § 2-18-193 — OK Code / Title 2 / Section 2-18-193
Refunds - Application
Status: in_force

A. Any sheep or wool producer who is assessed the fee or fees

authorized by the Oklahoma Sheep and Wool Producers Act and objects

to the collection of such fee may, within sixty (60) days following

such collection, make application to the Sheep and Wool Utilization,

Research and Market Development Commission for a refund of such fee

or fees. Upon receipt of such application by the Commission such

refund shall be made within one hundred twenty (120) days.

Application forms for refund purposes shall be furnished by the

Commission and shall be made available at all places where the fees

provided in the Oklahoma Sheep and Wool Producers Act are required

to be collected.

B. The availability of a refund and instructions describing the

process of obtaining a refund shall be posted in a conspicuous

public location at all places where the fees are required to be

collected.
Okla. Stat. tit. 2, § 2-2A-29 — OK Code / Title 2 / Section 2-2A-29
General permits
Status: in_force

For common and routine permit applications, the Oklahoma

Department of Agriculture, Food, and Forestry may expedite the

permitting process by issuing permits of general applicability,

hereafter identified as general permits. General permits shall be

subject to all the Tier II administrative procedures including the

public participation requirements. The administrative process for

rulemaking shall not be applicable to the issuance of general

permits. Individual applicants may obtain authorization through the

Tier I process to conduct an activity covered by a general permit.

General permits are limited to activities under the Tier I and Tier

II classifications.
Okla. Stat. tit. 2, § 2-17-2 — OK Code / Title 2 / Section 2-17-2
Declaration of legislative intent
Status: in_force

The purpose of the Cooperative Marketing Association Act is to

promote, foster, and encourage the intelligent handling, processing,

and orderly marketing of agricultural products and the organization

and incorporation of cooperative marketing associations of

agricultural producers. It is the declared policy of this state

that the Cooperative Marketing Association Act be liberally

construed.
Okla. Stat. tit. 2, § 2-1107 — OK Code / Title 2 / Section 2-1107
Renumbered as § 18-56 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1512 — OK Code / Title 2 / Section 2-1512
Renumbered as § 18-192 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.Oklahoma Statutes - Title 2. Agriculture Page 37
Okla. Stat. tit. 2, § 2-1603 — OK Code / Title 2 / Section 2-1603
Renumbered as § 5-1.1 of this title by Laws 2001, c. 146,
Status: in_force

§ 254, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-195 — OK Code / Title 2 / Section 2-6-195
Exemptions
Status: in_force

A. The provisions of Sections 6-181 through 6-196 of this title

requiring inspection of the slaughter of animals and the preparation

of the carcasses, parts thereof, meat and meat food products at

establishments conducting such operations shall not apply:

1. To the slaughtering of animals of a person’s own raising,

and the preparation and transportation in intrastate commerce of the

carcasses, parts thereof, meat and meat food products of such

animals exclusively for use by a person and members of a person’s

household and nonpaying guests and employees; nor

Oklahoma Statutes - Title 2. Agriculture Page 273

2. To the custom slaughter by any person, firm, or corporation

of cattle, bison, sheep, swine or goats delivered by the owner

thereof for such slaughter, and the preparation by such slaughterer

and transportation in intrastate commerce of the carcasses, parts

thereof, meat and meat food products of such animals, exclusively

for use in the household of such owner, by the owner and members of

the owner’s household and nonpaying guests and employees.

B. The provisions of this act requiring inspection of the

slaughter of animals and the preparation of carcasses, parts

thereof, meat and meat food products shall not apply to operations

of types traditionally and usually conducted at retail stores and

restaurants, when conducted at any retail store or restaurant or

similar retail type establishment for sale in normal retail

quantities or service of such articles to consumers at such

establishments.

C. The slaughter of animals and preparation of articles

referred to in paragraph 2 of subsection A and subsection B of this

section shall be conducted in accordance with such sanitary

conditions as the Board may by regulations prescribe. Violation of

any such regulation is prohibited.

D. The humane slaughter and handling of animals and the

adulteration and misbranding provisions of Sections 6-181 through 6-

196 of this title, other than the requirement of the inspection

legend, shall apply to articles which are not required to be

inspected under this section.
Okla. Stat. tit. 2, § 2-7-408 — OK Code / Title 2 / Section 2-7-408
Permits
Status: in_force

A. No person shall produce, haul, process, or distribute Grade

A raw milk for pasteurization or milk and milk products, or hold

oneself out as a milk producer, transporter, processor, or

distributor or represent a dairy farm, bulk milk hauler/sampler,

milk tank truck driver, milk transportation company, milk tank truck

cleaning facility, milk plant, receiving or transfer station, milk

distribution center, or milk or milk products as "Grade A" unless

that person possesses an appropriate and valid permit for the

particular premises or facilities concerned.

B. Applications for permits for dairy farms, bulk milk

hauler/sampler, milk tank truck driver, milk transportation company,

milk tank truck cleaning facility, milk plants, receiving or

transfer stations, and milk distribution centers shall be submitted

on a form approved by the State Board of Agriculture. Each

applicant shall allow the Commissioner to inspect the applicable

premises, records, and facilities. The Board shall inspect premises

and facilities and issue the permit applied for when compliance is

confirmed. The permits shall be issued without an expiration date

except for the bulk milk hauler/sampler and milk tank truck driver

permit that shall be effective for two (2) years. Permits shall not

be transferable among persons or places.

C. The Board may issue permits, which shall be contingent upon

continuing compliance, to facilities located outside this state

which comply with the provisions of subsection B of Section 7-406 of

Oklahoma Statutes - Title 2. Agriculture Page 378

this title. If an out-of-state facility requests, or if the

facility is not certified, then the cost for all inspections

necessary pursuant to this subsection shall be paid by those

facilities and the amounts paid shall be deposited in the State

Department of Agriculture Revolving Fund.

D. The Board shall issue permits and establish classifications

for milk and milk products.

E. The Board shall promulgate rules to establish fees for

permits and inspections pursuant to this section.
Okla. Stat. tit. 2, § 2-20-15 — OK Code / Title 2 / Section 2-20-15
License required for operation - Jurisdiction of
Status: in_force

Department of Environmental Quality.

A. 1. It shall be unlawful for any person to operate a

concentrated swine feeding operation, without first obtaining a

license from the State Board of Agriculture.

2. The owner or operator of a swine feeding operation not

classified as a concentrated swine feeding operation may apply for a

license if the owner or operator elects to come under the provision

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

State Board of Agriculture.

3. The owner or operator of a swine feeding operation primarily

using a liquid swine waste management system not classified as a

licensed managed feeding operation may apply for a license if the

owner or operator voluntarily elects to come under the provisions of

the Oklahoma Swine Feeding Operations Act relating to licensed

managed feeding operations and the rules of the State Board of

Agriculture.

B. 1. The Department of Environmental Quality shall have

environmental jurisdiction over:

a. commercial manufacturers of fertilizers, grain and

feed products, and chemicals, and over manufacturing

of food and kindred products, tobacco, paper, lumber,

wood, textile mill and other agricultural products,

b. slaughterhouses, but not including feedlots at these

facilities, and

c. aquaculture and fish hatcheries, including, but not

limited to, discharges of pollutants and storm water

to waters of the state, surface impoundments and land

application of wastes and sludge, and other pollution

originating at these facilities.

2. Facilities storing grain, feed, seed, fertilizer, and

agricultural chemicals that are required by federal National

Pollutant Discharge Elimination System regulations to obtain a

permit for storm water discharges shall only be subject to the

jurisdiction of the Department of Environmental Quality with respect

to storm water discharges.
Okla. Stat. tit. 2, § 2-11-36 — OK Code / Title 2 / Section 2-11-36
Purpose
Status: in_force

The purpose of the Oklahoma Agriculture Biotechnology Act is to

protect agriculture and public health from intentional or

unintentional release of genetically engineered biological articles

into the environment.
Okla. Stat. tit. 2, § 2-15-4 — OK Code / Title 2 / Section 2-15-4
Organization of agricultural fair corporations - Rights,
Status: in_force

privileges and liabilities.

Agricultural Fair Corporations may be organized by three or more

persons, as in the case of other corporations, with all the rights,

privileges and liabilities appertaining to such corporations under

the corporation laws of this state, including the rights and

privileges as are specified in this section and Sections 146 through

148 of this act.

R.L. 1910, § 25. Amended by Laws 2001, c. 146, § 149, emerg. eff.

April 30, 2001. Renumbered from § 34 of this title by Laws 2001, c.

146, § 267, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 537
Okla. Stat. tit. 2, § 2-1025 — OK Code / Title 2 / Section 2-1025
Renumbered as § 18-304 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-92 — OK Code / Title 2 / Section 2-92
Renumbered as § 15-53 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-115 — OK Code / Title 2 / Section 2-115
Renumbered as § 15-90 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-182.1 — OK Code / Title 2 / Section 2-6-182.1
Standards for producers that market and sell beef and
Status: in_force

bison in intrastate commerce.

A. Upon approval by the United States Department of

Agriculture, the Oklahoma Department of Agriculture, Food, and

Forestry may establish standards for Oklahoma producers that market

and sell beef and bison in intrastate commerce.

B. The Department is authorized to promulgate rules regarding

slaughter facilities that provide for the following:

1. Establish standards that allow for flexibility in beef and

bison inspection, including, but not limited to, establishing the

number of inspectors at a facility and the use of technologies to

digitally inspect meat;

2. Establish standards for the labeling of beef and bison

products sold intrastate;

3. Establish standards for the number of head over which a

facility shall pay for a state inspector; and

4. Establish any other standards necessary to increase the

ability of producers to market and sell beef and bison in intrastate

commerce.

Oklahoma Statutes - Title 2. Agriculture Page 264

C. Any rules promulgated pursuant to this section shall ensure

that food safety will not be compromised in any way and will ensure

that consumers are protected.
Okla. Stat. tit. 2, § 2-16-83 — OK Code / Title 2 / Section 2-16-83
Rural Fire Equipment Grant Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

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

designated the "Rural Fire Equipment Grant Revolving Fund". The

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

limitations, and shall consist of all monies received by the

Oklahoma Department of Agriculture, Food, and Forestry and

designated for deposit thereto. All monies accruing to the credit

of said fund are hereby appropriated and may be budgeted and

expended by the Oklahoma Department of Agriculture, Food, and

Forestry for the purpose of purchasing and repairing equipment used

by rural fire departments for firefighting efforts. The Oklahoma

Department of Agriculture, Food, and Forestry shall work with the

Rural Fire Coordinators to establish suitable criteria for

application and approval of grants awarded to rural fire departments

from said fund. Priority of grants awarded from said fund shall be

given to rural fire departments which suffered damaged equipment

from wildfire suppression efforts related to drought-related fires

and fire control. The activities associated with the duties of said

fund shall be known as the "Rural Fire Equipment Grant Program".

Expenditures from said fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.

Oklahoma Statutes - Title 2. Agriculture Page 619
Okla. Stat. tit. 2, § 2-9-210.1 — OK Code / Title 2 / Section 2-9-210.1
Renumbered as § 20-19 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-8-21 — OK Code / Title 2 / Section 2-8-21
Definitions
Status: in_force

As used in this subarticle:

Oklahoma Statutes - Title 2. Agriculture Page 385

1. "Advertisement" means all representations, other than those

on the label, disseminated in any manner or by any means relating to

seed;

2. "Agricultural seeds" means the seeds of grass, forage,

cereal and fiber crops, and any other kinds of seeds commonly

recognized within this state as agricultural seeds, lawn seeds, and

mixtures of seeds;

3. "Certified seed", “registered seed", and “foundation seed”

means seed that has been produced and labeled in accordance with the

procedures and rules of an officially recognized seed-certifying

agency or association;

4. "Coated seed" means a seed unit covered with any substance

which changes the size, shape, or weight of the original seed.

Seeds coated with ingredients including, but not limited to,

rhizobia, dyes, and pesticides are excluded;

5. "Germination" means the percent of seeds capable of

producing normal seedlings under ordinarily favorable conditions;

6. "Kind" means one or more related species or subspecies which

singly or collectively is known by one common name, for example,

corn, wheat, lespedeza, alfalfa, and fescue;

7. "Labeling" means all written, printed, or graphic

representations accompanying and pertaining to any seed in bulk or

in containers and includes, but is not limited to representations on

invoices;

8. "Lot" means a definite quantity of seed identified by a lot

number or other mark, every portion or bag of which is uniform

within recognized tolerances for the factors which appear in the

labeling;

9. "Noxious weed seeds" shall be divided into two classes,

"prohibited noxious weed seeds" and "restricted noxious weed seeds"

as defined in subparagraphs (a) and (b) of this paragraph. The

State Board of Agriculture may promulgate rules that add to or

subtract from the list of seeds included under either definition:

(a) prohibited noxious weed seeds are the seeds of weeds

which reproduce by seeds and spread by underground

roots, stems, or other reproductive parts. When

established, noxious weed seeds are highly destructive

and difficult to control in this state by ordinary

good cultural practice, and are prohibited by this

subarticle subject to recognized tolerances, and

(b) restricted noxious weed seeds are the seeds of weeds

which are very objectionable in fields, lawns, and

gardens of this state, but can be controlled by good

cultural practice;

10. “Pure seed” means agricultural and vegetable seeds,

exclusive of inert matter, and all other seeds not of the kinds, or

kinds and varieties, being considered;

Oklahoma Statutes - Title 2. Agriculture Page 386

11. "Record" means all information relating to lot,

identification, source, origin, variety, amount, processing,

testing, labeling, distribution, and a file sample of the seed;

12. "Seizure" means a legal process carried out by court order

or Board order against a specific quantity of seed;

13. "Stop sale" means an administrative order provided by law

restraining the sale, use, disposition, and movement of a specific

quantity of seed;

14. "Treated seed" means seed that has been treated with an

approved substance or subjected to a process designed to control or

repel plant disease organisms, insects, or other pests attacking the

seed or plants or will improve the planting value of the seed;

15. "Variety" means a subdivision of a kind characterized by

growth, yield, plant, fruit, seed, or other characteristics by which

it can be differentiated from other plants of the same kind;

16. “Vegetable seeds" means seeds of those crops which are

grown in gardens and on truck farms and are generally known and sold

under the name of vegetable seeds in this state; and

17. "Weed seeds" means the seeds of all plants generally

recognized as undesireable within this state and includes noxious

weed seeds.
Okla. Stat. tit. 2, § 2-6-97 — OK Code / Title 2 / Section 2-6-97
Biological products containing Brucella organisms
Status: in_force

It shall be unlawful for any person to sell, furnish, give away,

or supply any biological product containing Brucella organisms for

use in this state except to persons, firms, or agencies approved in

writing by the State Veterinarian.
Okla. Stat. tit. 2, § 2-1301-207 — OK Code / Title 2 / Section 2-1301-207
Renumbered as Section 16-27 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-6-27 — OK Code / Title 2 / Section 2-6-27
Feeding garbage to swine
Status: in_force

A. No person shall feed garbage to swine.

B. For the purpose of this section, "garbage" means putrescible

animal and vegetable wastes resulting from the handling,

preparation, cooking and consumption of foods, including fish,

poultry or animal carcasses or parts.

C. The provisions of this section shall not apply to:

1. Any individual who feeds only household garbage of the

individual to the swine of the individual; or

2. Any institution which feeds only its own garbage to swine

which are raised for the institution's own use.
Okla. Stat. tit. 2, § 2-6-96 — OK Code / Title 2 / Section 2-6-96
Officially vaccinated animals - Identification
Status: in_force

Officially vaccinated animals shall have been inoculated with a

vaccine approved by the United States Department of Agriculture and

the State Board of Agriculture in a manner and by a person approved

by the Board. The inoculation shall be made between ages specified

by the Board. Animals vaccinated shall be properly identified with

a tattoo and individual identification as prescribed by the Board.
Okla. Stat. tit. 2, § 2-1752 — OK Code / Title 2 / Section 2-1752
Renumbered as § 9-143 of this title by Laws 2001, c. 146,
Status: in_force

§ 256, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-2A-8 — OK Code / Title 2 / Section 2-2A-8
Rules for storm water discharges
Status: in_force

The State Board of Agriculture shall promulgate rules which

prescribe permit requirements applicable to discharges composed

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

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

categories of discharges, or provide a schedule for obtaining the

permit. The Board shall have promulgated rules for storm water

discharges which comply with Environmental Protection Agency

requirements for approval of the state National Pollutant Discharge

Elimination Systems program no later than the date that the

Department is to receive authorization to administer a state

National Pollutant Discharge Elimination System program.
Okla. Stat. tit. 2, § 2-1301-314 — OK Code / Title 2 / Section 2-1301-314
Renumbered as Section 16-70 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-16-52 — OK Code / Title 2 / Section 2-16-52
Restrictions upon acquisition of lands - Lease by
Status: in_force

Commissioners of Land Office - Terms and conditions.

A. The State Board of Agriculture shall enter into no agreement

for the acquisition, lease, or purchase of any land or for any other

purpose whatsoever which shall pledge the credit of, or obligate in

any manner whatsoever, the state to pay any sum of money or other

thing of value for any purpose, and the Board shall not in any

manner or for any purpose pledge the credit of or obligate the state

to pay any sum of money. The Board may receive, hold the custody

of, and exercise control of any lands, and set aside into a

separate, distinct, and inviolable fund the proceeds which may be

derived from the sales of the products of any lands, to use in any

manner, or the sale of the lands save the twenty-five percent (25%)

of the proceeds of the sale to be paid into the state school fund.

The Board may use and apply the funds for the acquisition, use,

custody, management, development, or improvement of any lands vested

in or subject to the control of the Board. After full payment has

been made for the purchase of a state forest, to the federal

government or other grantor, then fifteen percent (15%) of the gross

receipts from a state forest shall be paid to the county or counties

in which it is located in proportion to the acreage located in each

county for use by the county or counties for school purposes; except

that payment of gross receipts shall only apply to the state forest

lands and not other lands listed in Section 16-51 of this title.

B. The Commissioners of the Land Office are authorized and

directed to make and enter into a lease for a period of ten (10)

years, with privilege of renewing at the end of each ten-year

period, with the State Department of Agriculture, Forestry Division,

the following described land and premises:

Lots One (1) and Two (2) and the East Half (E 1/2) of the

Northwest Quarter (NW 1/4) and the West Half (W 1/2) of the

Northeast Quarter (NE 1/4) of Section Seven (7), Township Six (6)

South, Range Twenty-five (25) East of the Indian Meridian,

containing two hundred forty (240) acres, more or less, situated in

McCurtain County, State of Oklahoma.

The lease shall contain the following provisions in addition to

any which may be agreed upon by the Commissioners of the Land Office

and the State Department of Agriculture, Forestry Division:

1. The lessee shall maintain on the property the administrative

headquarters for the Southeast Area of the Forestry Division;

2. The lessee shall maintain, repair, and preserve all

improvements located on the described lands;

3. The lessee shall maintain and carry out a forestry plan for

the entire two hundred forty-acre tract and do the necessary

planting and other forestry work to restore the timber growth to its

maximum productive value;

Oklahoma Statutes - Title 2. Agriculture Page 604

4. The lessee shall take all necessary and proper measures to

protect the area from fire and theft;

5. The lessee shall formulate and carry out a plan for

harvesting of the timber so that maximum financial return may be

realized for the state, and that the maximum value shall be realized

for demonstration purposes;

6. Unless changed by law, the annual rental payable annually of

five percent (5%) per year of the appraised value of the lands

without improvement shall be paid out of funds appropriated to the

lessee into the common school fund of this state.
Okla. Stat. tit. 2, § 2-14-33 — OK Code / Title 2 / Section 2-14-33
State primary and secondary standards
Status: in_force

Weights and measures that are traceable to the United States

prototype standards supplied by the federal government or approved

by the National Institute of Standards and Technology shall be the

state reference standards of weights and measures and shall be

maintained in the calibration prescribed by the National Institute

of Standards and Technology. All field standards may be prescribed

Oklahoma Statutes - Title 2. Agriculture Page 519

by the State Board of Agriculture and shall be verified upon their

initial receipt and as required by the Board.
Okla. Stat. tit. 2, § 2-20-45 — OK Code / Title 2 / Section 2-20-45
Application for license
Status: in_force

A. The State Board of Agriculture shall cause to be prepared

and available, for any person desiring or required to apply for a

license to operate a new or previously unlicensed animal feeding

operation, the necessary forms and applications.

B. The application for a license to operate a new or previously

unlicensed animal feeding operation shall contain, as a minimum, the

following information:

1. Name and address of the owner and operator of the facility;

2. Name and address of the animal feeding operation;

3. Capacity in animal units, and number and type of animals

housed or confined;

4. A diagram or map and legal description showing geographical

location of the facility on which the perimeters of the facility are

designated, location of waters of the state, including, but not

limited to, drainage from the facility, animal waste storage

facilities and land application sites owned or leased by the

applicant;

5. A copy of the Pollution Prevention Plan containing an Animal

Waste Management Plan, Best Management Practices, or such other plan

authorized by the Oklahoma Concentrated Animal Feeding Operations

Act and approved by the Department;

6. A copy of the written waiver by an adjacent property owner

to the facility releasing specified setback requirements as provided

by Section 44 of the Oklahoma Concentrated Animal Feeding Operations

Act; and

7. Any other information deemed necessary by the Oklahoma

Department of Agriculture, Food, and Forestry to administer the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act and rules promulgated pursuant thereto.

C. 1. An application for renewal of a license to operate an

animal feeding operation shall be considered to be properly filed

when the Department has received a completed renewal application and

payment of fees from the applicant.

Oklahoma Statutes - Title 2. Agriculture Page 720

2. If the application for renewal is denied, written

notification of the denial and an opportunity for an administrative

hearing on the denial shall be given to the applicant by the

Department. The notification shall set forth the reasons for the

denial, steps necessary to meet the requirements for issuance of the

renewal license and the opportunity for the applicant to request an

administrative hearing.

D. For transfer of a license to a new owner or operator, the

following conditions shall be met:

1. The new owner or operator shall submit to the Department a

transfer application, attaching any change of conditions resulting

from the transfer of ownership or operation;

2. After receipt of the information required, the Department

shall review the information, and within sixty (60) days, issue

approval or denial of the transfer. Transfer of a license shall be

denied only if:

a. the new owner or operator cannot comply with the

requirements of transfer,

b. the Department finds a material or substantial change

in conditions since the issuance of the original

license to operate the animal feeding operation,

c. failure of the new owner or operator to meet any other

conditions or requirements for compliance established

by the Department pursuant to the Oklahoma

Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto, or

d. the new owner or operator has failed to meet the

requirements of Section 48 of the Oklahoma

Concentrated Animal Feeding Operations Act; and

3. If a transfer is denied, written notification of the denial

and an opportunity for an administrative hearing on the denial shall

be given to the applicant for a transfer license by the Department.

The notification shall set forth the reasons for the denial, steps

necessary to meet the requirements for a transfer license, and the

opportunity for the applicant to request an administrative hearing.

E. Any suspension or revocation or nonrenewal of a license

issued pursuant to the Oklahoma Concentrated Animal Feeding

Operations Act by the Board shall be made in accordance with Section

48 of this act.

F. In addition to other information required for issuance of a

new or transfer license, an application for a new or transfer

license for a concentrated animal feeding operation shall contain

the following information:

1. a. A statement of ownership.

(1) If the applicant is a firm or partnership, the

name and address of each member thereof shall be

included in the application.

Oklahoma Statutes - Title 2. Agriculture Page 721

(2) If the applicant is a corporation, the name and

address of the corporation and the name and

address of each officer and registered agent of

the corporation shall be included in the

application.

(3) If the applicant is a partnership or other legal

entity, the name and address of each partner and

stockholder with an ownership interest of ten

percent (10%) or more shall be included in the

statement.

b. The information contained in the statement of

ownership shall be public information and shall be

available upon request from the Board;

2. The name and address of the management, if the management is

not the applicant and is acting as agent for the applicant;

3. a. An environmental history from the past three (3) years

of any concentrated animal or swine feeding operation

established and operated by the applicant or any other

operation with common ownership in this state or any

other state. The environmental history shall include

but not be limited to all citations, administrative

orders or penalties, civil injunctions or other civil

actions, criminal actions, past, current and ongoing,

taken by any person, agency or court relating to

noncompliance with any environmental law, rule, agency

order, or court action relating to the operation of an

animal or swine feeding operation.

b. A copy of all records relating to the environmental

history required by this paragraph shall accompany the

application.

c. Noncompliance with a final agency order or final order

or judgment of a court of record which has been set

aside by a court on appeal of the final order or

judgment shall not be considered a final order or

judgment for the purposes of this subsection;

4. Environmental awards or citations received or pollution

prevention or voluntary remediation efforts undertaken by the

applicant; and

5. Any other information or records required by the Department

for purposes of implementing the Oklahoma Concentrated Animal

Feeding Operations Act or rules promulgated pursuant thereto.

G. 1. In addition to other penalties as may be imposed by law,

any person who knowingly makes any false statement, representation,

or certification in, omits material data from, or tampers with any

application for a license, or notice relating to the determination

of affected property owners, shall, upon conviction thereof, be

guilty of a misdemeanor and may be subject to a fine of not more

Oklahoma Statutes - Title 2. Agriculture Page 722

than Ten Thousand Dollars ($10,000.00) for each such violation. In

addition, the Department shall deny licensure to the applicant or

may require submission of a new application.

2. The responsibility for ensuring that all affected property

owners are notified pursuant to the provisions of this section shall

be upon the applicant.
Okla. Stat. tit. 2, § 2-6-146 — OK Code / Title 2 / Section 2-6-146
Retesting
Status: in_force

Retests shall be conducted by the State Veterinarian or

authorized agent in all herds in which initial tests have disclosed

animals affected with tuberculosis at those intervals prescribed by

the State Board of Agriculture for the protection of the work

already done and to preserve the standing of this state under the

regulations of the United States Department of Agriculture.
Okla. Stat. tit. 2, § 2-18-35 — OK Code / Title 2 / Section 2-18-35
Duties of members of the Oklahoma Beef Council
Status: in_force

The members of the Oklahoma Beef Council shall:

1. Be actively engaged in beef production during the year prior

to appointment and continuing throughout the term;

2. Have not been found in violation of the Oklahoma Beef

Improvement and Market Development Act pursuant to an administrative

hearing or court proceeding; and

3. Have not requested a refund within the preceding three (3)

years of being appointed.
Okla. Stat. tit. 2, § 2-6-501 — OK Code / Title 2 / Section 2-6-501
Short title
Status: in_force

This act shall be known and may be cited as the “Oklahoma Farmed

Cervidae Act”.
Okla. Stat. tit. 2, § 2-9-203.1 — OK Code / Title 2 / Section 2-9-203.1
Renumbered as § 1085.30a of Title 82 by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-8-41.12 — OK Code / Title 2 / Section 2-8-41.12
"Stop Sale" orders - "Condemnation and Confiscation"
Status: in_force

A. "Stop Sale" orders: When the State Board of Agriculture has

reasonable cause to believe any lot of commercial feed is being

distributed in violation of any of the provisions of this act or

rules, it may issue and enforce a written or printed "Stop Sale"

order, warning the distributor not to dispose of the lot of

commercial feed in any manner until written permission is given by

the Board or the court. The Board shall release the lot of

commercial feed withdrawn when all requirements have been met. If

compliance is not obtained within thirty (30) days, the Board may

begin, or upon request of the distributor or licensee shall begin,

proceedings for condemnation.

B. "Condemnation and Confiscation": Any lot of commercial feed

not in compliance with the law shall be subject to seizure on

complaint of the Board to a court in the area in which the

commercial feed is located. In the event the court finds the

commercial feed to be in violation of this subarticle and orders the

condemnation of the commercial feed, it shall be disposed of in any

manner consistent with the quality of the commercial feed and the

laws of the state. In no instance shall the disposition of the

commercial feed be ordered by the court without first giving the

claimant an opportunity to apply to the court for release of the

commercial feed or for permission to process or relabel the

commercial feed to bring it into compliance with this subarticle.
Okla. Stat. tit. 2, § 2-6-259 — OK Code / Title 2 / Section 2-6-259
Prohibited acts
Status: in_force

A. No person shall:

1. slaughter any poultry or process any poultry products

which are capable of use as human food at any establishment

processing any such articles solely for intrastate commerce, except

in compliance with the requirements of this act;

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

receive for transportation, in intrastate commerce:

(a) any poultry products which are capable of use as

human food and are adulterated or misbranded at the

time of such sale, transportation, offer for sale or

transportation, or receipt for transportation; or

(b) any poultry products required to be inspected

under this act unless they have been so inspected and

passed;

Oklahoma Statutes - Title 2. Agriculture Page 293

3. do, with respect to any poultry products which are

capable of use as human food, any act while they are being

transported in intrastate commerce or held for sale after such

transportation, which is intended to cause or has the effect of

causing such products to be adulterated or misbranded;

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

receive for transportation, in intrastate commerce or from an

official establishment, any slaughtered poultry from which the

blood, feathers, feet, head, or viscera have not been removed in

accordance with regulations promulgated by the Board, except as may

be authorized by regulations of the Board;

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

authorized representatives of the state government or any other

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

any judicial proceedings, any information acquired under the

authority of this act concerning any matter which is entitled to

protection as a trade secret.

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

print, lithograph, or otherwise make any device containing any

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

mark or simulation, or any form of official certificate or

simulation thereof, except as authorized by the Board.

C. No person shall:

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

2. without authorization from the Board use any official

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

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

certificate;

3. contrary to the regulations prescribed by the Board,

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

mark, or certificate;

4. knowingly possess, without promptly notifying the Board

or its representative, any official device or any counterfeit,

simulated, forged, or improperly altered official certificate or any

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

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

altered official mark;

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

certificate or other nonofficial or official certificate provided

for in the regulations prescribed by the Board; or

6. knowingly represent that any article has been inspected

and passed, or exempted, under this act when, in fact, it has,

respectively, not been so inspected and passed, or exempted.

D. Any person who violates the provisions of this section

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

shall be punished by imprisonment as provided for in subsections B

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

Oklahoma Statutes - Title 2. Agriculture Page 294
Okla. Stat. tit. 2, § 2-5-25.1 — OK Code / Title 2 / Section 2-5-25.1
Renumbered as § 10-78 of this title by Laws 2000, c
Status: in_force

243, § 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-2A-22 — OK Code / Title 2 / Section 2-2A-22
Definitions
Status: in_force

For the purposes of the Oklahoma Agriculture Environmental

Permitting Act:

1. “Application” means a document or set of documents, filed

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

the purpose of receiving a permit or the modification, amendment, or

renewal thereof from the Department. The term “application”

includes any subsequent additions, revisions, or modifications

submitted to the Department that supplement, correct, or amend a

pending application;

2. “Draft permit” means a draft document prepared by the

Department after it has found a Tier II or III application for a

permit to be administratively and technically complete and that the

application may warrant the issuance, modification, or renewal of

the permit;

3. “Permit” means a permission required by law and issued by

the Department, the application for which has been classified as

Tier I, II, or III by the State Board of Agriculture. The term

“permit” includes but is not limited to:

a. specific types of permits and other Department

authorizations including certifications,

registrations, licenses, and plan approvals,

b. general permits and notices of intent for coverage by

a general permit, and

Oklahoma Statutes - Title 2. Agriculture Page 83

c. an approved variance from a promulgated rule; however,

for existing facilities the Department may require

additional notice and public participation

opportunities for variances posing the potential for

increased risk;

4. “Process meeting” means a meeting open to the public which

is held by the Department to explain the permitting process and the

public participation opportunities applicable to a specific Tier III

application;

5. “Proposed permit” means a document, based on a draft permit

and prepared by the Department after consideration of comments

received on the draft permit, that indicates the decision of the

Department to issue a final permit pending the outcome of an

administrative permit hearing, if any;

6. “Qualified interest group” means any organization with

twenty-five or more members who are Oklahoma residents;

7. “Response to comments” means a document prepared by the

Department after its review of timely comments received on a draft

denial or draft permit pursuant to public comment opportunities

which:

a. specifies any provisions of the draft permit that were

changed in the proposed or final permit and the

reasons for the changes, and

b. briefly describes and responds to all significant

comments raised during the public comment period or

any hearing regarding the draft denial or draft

permit;

8. “Tier I” means a basic process of permitting that includes

application, notice to the landowner, and Department review. For

the Tier I process, a permit shall be issued or denied by a

technical supervisor of the reviewing Division or local

representative of the Department provided the authority has been

delegated by the Director;

9. “Tier II” means a process of permitting which includes:

a. the Tier I process,

b. published notice of application filing,

c. preparation of the draft permit or draft denial,

d. published notice of the draft permit or draft denial

and opportunity for a formal public meeting, and

e. public meeting, if any.

For the Tier II process, a permit shall be issued or denied by

the supervisor of the reviewing Division provided the authority has

been delegated thereto by the Director; and

10. “Tier III” means an expanded process of permitting which

includes:

Oklahoma Statutes - Title 2. Agriculture Page 84

a. (1) the Tier II process, except the notice of filing,

shall also include an opportunity for a process

meeting,

(2) preparation of the response of the Department to

comments, and

(3) denial of application, or

b. preparation of a proposed permit, the published notice

of availability of the proposed permit and the

response to comments and of the opportunity for an

administrative permit hearing, and an administrative

permit hearing, if any.

For the Tier III process, a permit shall be issued or denied by

the Director.
Okla. Stat. tit. 2, § 2-9-33 — OK Code / Title 2 / Section 2-9-33
Inspection, grading and storing of commodities
Status: in_force

All commodities received by a warehouseman shall be inspected,

graded, and stored by commodity. If the owner or consignee

requests and the warehouseman consents, the owner's or consignee's

commodities may be kept in a separate bin. The bin shall be marked

“Special” with the name of the owner and with the quantity and grade

of the commodities.
Okla. Stat. tit. 2, § 2-5-60.19 — OK Code / Title 2 / Section 2-5-60.19
Contest of election – Voting of ballots - Overstatement
Status: in_force

of volume of production.

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

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

Oklahoma Statutes - Title 2. Agriculture Page 197

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

not grounds for invalidating the ballot.

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

production volume, the returns shall be corrected and the results

adjusted accordingly.

C. In the original referendum election, the Commissioner shall

be authorized and is responsible for making the determination if a

ballot is void due to overstatement of production volume. In any

subsequent referendum elections the individual commodity producer

boards are authorized and shall be responsible for making such

determination.

D. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.
Okla. Stat. tit. 2, § 2-8-92 — OK Code / Title 2 / Section 2-8-92
Unlawful acts
Status: in_force

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

or knowingly transport within this state any weed-infested material:

1. Bearing a false or misleading label and/or invoice;

2. Bearing a false or misleading statement regarding absence or

presence of noxious weeds; and

3. Containing any seeds, root stalks, or reproductive portions

of noxious weeds.

B. It shall be unlawful for any person within this state:

1. To detach, alter, deface, or destroy any label or invoice

provided for in this subarticle or rules or to alter or substitute

weed-infested material that may in any manner defeat the purpose of

this subarticle;

Oklahoma Statutes - Title 2. Agriculture Page 427

2. To disseminate any false or misleading advertisement

concerning weed-infested material in any manner;

3. To hinder or obstruct the State Board of Agriculture in the

performance of its duties and functions under the provisions of this

subarticle; and

4. To fail to comply with a "stop-sale" order made pursuant to

the provisions of this subarticle.
Okla. Stat. tit. 2, § 2-6-286 — OK Code / Title 2 / Section 2-6-286
Rules
Status: in_force

The Board may make and adopt reasonable rules and regulations

for the administration and enforcement of this act. The Board, or

its representatives, in performing the duties vested in it under

this act is empowered to enter, during usual working hours, any

premises, barns, stables or other places where equidae are kept, for

the purpose of administering this act.
Okla. Stat. tit. 2, § 2-4-6 — OK Code / Title 2 / Section 2-4-6
Use of unregistered brands - Duplication
Status: in_force

A. It shall be unlawful for any person to knowingly place upon

any livestock a brand which has not been registered with the

statewide livestock organization if the brand duplicates one that is

registered.

B. For purposes of this section, "duplication" means the use of

a similar brand in any location on the animal designated for a

registered brand.
Okla. Stat. tit. 2, § 2-5-201 — OK Code / Title 2 / Section 2-5-201
Short title — Healthy Food Financing Act
Status: in_force

This act shall be known and may be cited as the "Healthy Food

Financing Act".
Okla. Stat. tit. 2, § 2-157.4 — OK Code / Title 2 / Section 2-157.4
Renumbered as § 15-144 of this title by Laws 2001, c
Status: in_force

146, § 271, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-62.7 — OK Code / Title 2 / Section 2-5-62.7
Renumbered as § 14-67 of this title by Laws 2000, c
Status: in_force

243, § 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-15-95 — OK Code / Title 2 / Section 2-15-95
Consent to expenditures by county commissioners
Status: in_force

A. Prior to the expenditure or the contracting for the

expenditure of a sum in excess of Five Hundred Dollars ($500.00),

the county fair board shall present a notice of intent to the board

of county commissioners setting forth:

1. The expected sum to be expended;

2. The reason for expending the sum of money; and

3. The anticipated amount of said expenditure. The county fair

board shall secure from the board of county commissioners consent

for such expenditure.

B. Nothing in this section shall be construed to authorize the

fair board to purchase materials, services or equipment except in

compliance with the requirements of the law otherwise governing such

purchases.
Okla. Stat. tit. 2, § 2-2021 — OK Code / Title 2 / Section 2-2021
Renumbered as § 11-80 of this title by Laws 2001, c. 146,
Status: in_force

§ 261, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-61g — OK Code / Title 2 / Section 2-5-61g
Renumbered as § 14-37 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-18-401 — OK Code / Title 2 / Section 2-18-401
Short title - Eastern Redcedar Management Act
Status: in_force

Sections 18-401 through 18-408 of this title shall be known and

may be cited as the "Eastern Redcedar Management Act".
Okla. Stat. tit. 2, § 2-1703 — OK Code / Title 2 / Section 2-1703
Renumbered as § 8-85.3 of this title by Laws 2001, c. 146,
Status: in_force

§ 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-2-18.3 — OK Code / Title 2 / Section 2-2-18.3
Survey of agriculture producers – Water quality issues
Status: in_force

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

cooperation with the Oklahoma Conservation Commission and the

Oklahoma State University Cooperative Extension Service shall

determine if there is a willingness among agriculture producers in

Oklahoma to institute a voluntary program designed to reduce the

liability of landowners through the establishment of best management

practices designed to address water quality issues throughout

Oklahoma. The program shall be voluntary in nature and encompass

all state and federal regulatory requirements.
Okla. Stat. tit. 2, § 2-1301-201 — OK Code / Title 2 / Section 2-1301-201
Renumbered as Section 16-21 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-9-161 — OK Code / Title 2 / Section 2-9-161
Packer - Definition
Status: in_force

As used in the Competitive Livestock Markets Act, “packer” means

any person:

1. Engaged in the business of buying more than five thousand

(5,000) animal units of livestock per year in commerce for purpose

of slaughter;

2. Manufacturing or preparing meats or meat food products for

sale of shipment in commerce; or

3. Marketing meats, meat food products or livestock products in

an unmanufactured form acting as a wholesale broker, dealer or

distributor.
Okla. Stat. tit. 2, § 2-5-61b — OK Code / Title 2 / Section 2-5-61b
Renumbered as § 14-32 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-8-77.11 — OK Code / Title 2 / Section 2-8-77.11
Commercial value
Status: in_force

For the purpose of determining the commercial value to be

applied under the provisions of Section 8-77.10 of Title 2 of the

Oklahoma Statutes, the State Board of Agriculture or its agent shall

determine the values per unit of nitrogen, available phosphate, and

soluble potash in fertilizers in this state. The value determined

shall be used in assessing penalty payments.
Okla. Stat. tit. 2, § 2-1850.10 — OK Code / Title 2 / Section 2-1850.10
Renumbered as § 18-249 of this title by Laws 2001, c
Status: in_force

146, § 266, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-200 — OK Code / Title 2 / Section 2-6-200
Dead, dying or disabled animals - Regulations concerning
Status: in_force

No person, firm, or corporation engaged in the business of

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

disabled, or diseased animals, or any part of the carcasses of any

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

transport, offer for sale or transportation, or receive for

transportation, in such commerce, any dead, dying, disabled, or

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

equines, or parts of the carcasses of any such animals that died

otherwise than by slaughter, unless such transaction or

transportation is made in accordance with such regulations as the

Board prescribes to assure that such animals, or the unwholesome

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

human food purposes. Any person who violates the provisions of this

section shall, upon conviction, be guilty of a Class D3 felony

offense and shall be punished by imprisonment as provided for in

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

Statutes.

Oklahoma Statutes - Title 2. Agriculture Page 276
Okla. Stat. tit. 2, § 2-6-282 — OK Code / Title 2 / Section 2-6-282
Definitions
Status: in_force

As used in Section 6-281 et seq. of this title unless the

context otherwise requires:

1. "Equine infectious anemia" or "EIA" means the communicable,

infectious disease which affects only equidae and is caused by the

virus of equine infectious anemia;

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

3. "Equidae" means a family of perissodactyl ungulate mammals

containing a single genus, Equus, which includes horses, asses,

jacks, jennies, hinnies, mules, donkeys, burros, ponies and zebras;

4. "Official test" means a test for equine infectious anemia

which has been conducted in a laboratory approved by the Board and

the United States Department of Agriculture for the purpose of

conducting this test or any other test or examination for the

detection of equine infectious anemia approved by the Department;

and

5. "Reactor" means any equidae which discloses a positive

reaction to an official test for equine infectious anemia.
Okla. Stat. tit. 2, § 2-5-21 — OK Code / Title 2 / Section 2-5-21
Renumbered as § 10-71 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-18-32 — OK Code / Title 2 / Section 2-18-32
Definitions
Status: in_force

As used in the Oklahoma Beef Improvement and Market Development

Act:

1. "Beef" and "beef products" mean the meat intended for human

consumption from any cattle, including, but not limited to, veal;

2. "Cattle" means all bovine animals, regardless of age;

3. "Council" means the Oklahoma Beef Council established under

the Oklahoma Beef Improvement and Market Development Act to

administer and govern the program;

4. "Market agent" means any person or entity who sells, offers

for sale, markets, distributes, trades, or processes cattle

purchased or acquired from a producer, or marketed on behalf of a

producer, and includes, but is not limited to, cattle feeders and

meatpacking firms and their agents that purchase or consign to

purchase cattle;

Oklahoma Statutes - Title 2. Agriculture Page 634

5. "Person" includes individuals, partnerships, firms,

corporations, associations, trusts, estates, limited liability

companies and any other legal entities recognized to do business in

Oklahoma; and

6. "Producer" means a person that owned or sold cattle in the

previous calendar year or presently owns cattle.
Okla. Stat. tit. 2, § 2-1453.1 — OK Code / Title 2 / Section 2-1453.1
Renumbered as § 8-80.4 of this title by Laws 2001, c
Status: in_force

146, § 252, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-106 — OK Code / Title 2 / Section 2-5-106
Penalties
Status: in_force

A. A person convicted of any of the offenses defined in

subsections A and B of Section 3 of this act shall be guilty of a

Class D3 felony offense and, upon conviction, shall be punished by a

fine not to exceed Ten Thousand Dollars ($10,000.00) or by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or both.

B. Any person violating subsection C of Section 3 of this act

shall be guilty of a misdemeanor.
Okla. Stat. tit. 2, § 2-793 — OK Code / Title 2 / Section 2-793
Renumbered as § 8-36.3 of this title by Laws 2001, c. 146,
Status: in_force

§ 248, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-104h — OK Code / Title 2 / Section 2-104h
Renumbered as § 15-74 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-93 — OK Code / Title 2 / Section 2-93
Renumbered as § 15-54 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-29 — OK Code / Title 2 / Section 2-8-29
Minor violations - Deficient inspection fees
Status: in_force

A. Nothing in Sections 8-21 through 8-28 of this title shall be

construed as requiring the State Board of Agriculture or any

authorized agent to report, for prosecution, or for the institution

of seizure proceedings, minor violations of Sections 8-21 through 8-

28 of this title when the Board determines that the public interest

will best be served by a suitable notice of violation or written

warning.

B. If the State Board of Agriculture finds any deficient

inspection fees due, as a result of an audit of the records of any

person subject to the provisions of Sections 8-21 through 8-28 of

this title, the Board shall assess a penalty fee of ten percent

(10%) maximum not to exceed Two Thousand Dollars ($2,000.00) of

amount due, or One Hundred Dollars ($100.00), whichever is greater.

The audit penalty shall be added to the deficient inspection fees

due and payment made within thirty (30) days.
Okla. Stat. tit. 2, § 2-6-273 — OK Code / Title 2 / Section 2-6-273
Cost of inspection
Status: in_force

The cost of inspection rendered under the requirements of this

act shall be borne by this state, except as provided in Section 5 of

this act and except that the cost of overtime and holiday work

performed in establishments subject to the provisions of this act,

at such rates as the Board may determine, shall be borne by such

establishments. Sums received by the Board in reimbursement for

sums paid out by it for such premium pay work shall be available

without fiscal year limitation to carry out the purposes of this

section. There are hereby authorized to be appropriated such sums

as may be necessary to carry out the provisions of this act.
Okla. Stat. tit. 2, § 2-7-417 — OK Code / Title 2 / Section 2-7-417
Permits required
Status: in_force

No person shall produce, haul, process or distribute ungraded

raw milk or milk products or hold himself out as an ungraded milk

producer, hauler, processor or distributor unless such person

possesses an appropriate and valid permit for the particular

premises or facilities concerned. The processing of permit

applications and inspections shall be similar to the Grade A permit

process.
Okla. Stat. tit. 2, § 2-2-8 — OK Code / Title 2 / Section 2-2-8
Certified copies as evidence
Status: in_force

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

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

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

record proceeding or part thereof or by the President or Secretary

of the State Board of Agriculture.
Okla. Stat. tit. 2, § 2-1301-310.3 — OK Code / Title 2 / Section 2-1301-310.3
Renumbered as Section 16-63 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-5-12 — OK Code / Title 2 / Section 2-5-12
Oklahoma Agritourism Program
Status: in_force

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

shall operate an “Oklahoma Agritourism Program” for the purpose of

stimulating economic growth and viability in rural communities by

promoting and fostering agritourism ventures within Oklahoma.

B. The Oklahoma Agritourism Program of the Oklahoma Department

of Agriculture, Food, and Forestry shall:

1. Foster conferences, institutes, and exhibits on agritourism

opportunities;

2. Publish reports, surveys, news bulletins, or other materials

pertaining to its findings, recommendations, and work;

3. Utilize existing Department resources and related programs;

4. Cooperate with the Oklahoma Tourism and Recreation

Department, the Oklahoma Department of Commerce and the Oklahoma

State University Cooperative Extension Service as needed in

development and operation of the Program; and

5. Facilitate an independent agritourism organization.

C. The Department may apply for, accept, and use any gift,

grant, or bequest from any source for the purpose of discharging its

duties.
Okla. Stat. tit. 2, § 2-18-187 — OK Code / Title 2 / Section 2-18-187
Powers of Commission
Status: in_force

The Sheep and Wool Utilization, Research and Market Development

Commission shall have the power to:

1. Make such reasonable expenditures of funds as is necessary

to carry out the provisions of the Oklahoma Sheep and Wool Producers

Act;

2. Devise, adopt and conduct a program of education and

publicity;

3. Cooperate with local, state or national organizations,

whether public or private, in carrying out the purposes of the

Oklahoma Sheep and Wool Producers Act, and to enter into such

contracts as may be necessary. No Commission funds shall be used,

directly or indirectly, or as a result of contract or agreement with

other persons or organizations, in supporting or opposing political

candidates, political officeholders, and legislation, either state

or national;

4. Promulgate such rules as are necessary to promptly and

effectively administer the provisions of the Oklahoma Sheep and Wool

Producers Act;

5. Conduct, in addition to the things enumerated, any other

program for the utilization, research and market development of

sheep and wool produced in the State of Oklahoma;

6. Call and conduct such meetings and elections as may be

necessary in carrying out the provisions of the Oklahoma Sheep and

Wool Producers Act; and

7. Employ an executive secretary and such other personnel as

necessary, and to prescribe their duties and fix their compensation.
Okla. Stat. tit. 2, § 2-131.8 — OK Code / Title 2 / Section 2-131.8
Renumbered as § 15-118 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1766 — OK Code / Title 2 / Section 2-1766
Renumbered as § 5-86 of this title by Laws 2001, c. 146, §
Status: in_force

259, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 768
Okla. Stat. tit. 2, § 2-4-4 — OK Code / Title 2 / Section 2-4-4
Custodian of county brand books - Certified copies - Fees
Status: in_force

The statewide livestock organization shall be the legal

custodian of county brand record books which were maintained under

prior laws. Upon request, the organization shall provide a

certified copy of the record of any brand appearing in the county

brand record books. The organization may charge a reasonable fee

for each brand.
Okla. Stat. tit. 2, § 2-5-3A.1 — OK Code / Title 2 / Section 2-5-3A.1
Short title - Oklahoma Farmers Market and Farmers Hub
Status: in_force

Act.

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

Market and Farmers Hub Act".
Okla. Stat. tit. 2, § 2-6-605 — OK Code / Title 2 / Section 2-6-605
Killing of feral swine during certain deer hunting
Status: in_force

seasons, permit required - License required - Exemption.

A. During designated deer hunting seasons for primitive

firearms and guns as specified in rules promulgated by the

Department of Wildlife Conservation, an owner of private property

shall not kill or attempt to kill feral swine during daylight hours

that is damaging the property of the owner without first obtaining a

special permit from the local game warden or other authorized

employee of the Department of Wildlife Conservation. The special

permit shall allow the owner and one person of lineal or collateral

descent to kill feral swine on the property of the owner. The

special permit shall be provided at no cost.

B. All other persons shall be required to obtain licenses and

tags as required by the Oklahoma Wildlife Conservation Code and

rules promulgated thereto.

C. Any person with a valid license to hunt deer is exempt from

the requirements of this section during the appropriate licensed

season.
Okla. Stat. tit. 2, § 2-2A-7 — OK Code / Title 2 / Section 2-2A-7
Inspection of and access to permitted and unpermitted
Status: in_force

facilities - Issuance of discharge permit prohibited in certain

situations - Documents open to public - Trade secrets protected.

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

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

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

to:

1. Enter and inspect the facility in accordance with the

provisions of the Oklahoma Agriculture Pollutant Discharge

Elimination System Act;

2. Investigate complaints;

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

reviewing and copying any records required to be maintained;

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

or other facilities or equipment as may be required;

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

effluent streams or any discharge of pollutants to waters of the

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

beneficial use, reuse, or disposal site; and

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

information required by the Department to be submitted upon request

and subject to and made available for inspection at reasonable times

to any authorized representative of the Department. Any authorized

representative of the Department may examine any records or

memoranda pertaining to discharges, treatment, or other limitations

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

B. For unpermitted facilities, authorized employees or

representatives, upon presentation of a credential and, if

necessary, a proper warrant shall have:

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

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

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

2. A right of entry for the purpose of investigating

complaints;

Oklahoma Statutes - Title 2. Agriculture Page 76

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

reviewing and copying any records required to be maintained;

4. Authority to inspect any monitoring equipment, methods,

disposal systems, or other facilities or equipment as may be

required; and

5. Access for the purpose of inspecting and sampling any

effluent streams or any discharge of pollutants to waters of the

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

beneficial use, reuse, or disposal site.

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

permit:

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

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

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

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

substantial impairment of anchorage and navigation of any waters of

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

Water Act;

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

States Environmental Protection Agency or designee, pursuant to any

right to object which is granted to the Administrator under Section

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

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

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

Clean Water Act.

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

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

submission of sufficient evidence showing that records, reports, or

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

if made public, would divulge methods or processes entitled to

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

information, or particular portion, shall be considered confidential

in accordance with the purposes of the federal Uniform Trade Secrets

Act.

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

authorized representative of the Department including, but not

limited to, any authorized contractor, from disclosing records,

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

representatives of the State of Oklahoma or the United States

concerned with carrying out provisions of state or federal law under

their respective jurisdictions or within their respective

authorities.

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

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

considered confidential by the Environmental Protection Agency shall

not be kept confidential pursuant to this subsection.

Oklahoma Statutes - Title 2. Agriculture Page 77

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

prevention of the transmission of communicable diseases to humans

and animals to be used when inspecting animal feeding operations.

2. Except for emergency situations or when enforcement of a

permit requires the use of the standard precautions, Department

employees shall observe the health standards and sanitary

requirements of the facility.
Okla. Stat. tit. 2, § 2-20-63 — OK Code / Title 2 / Section 2-20-63
Poultry-laying operations
Status: in_force

A. Due to the inherently unique nature of poultry-laying

operations, and the increased propensity for vector propagation at

such facilities, poultry-laying operations licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations Act, shall be

conducted only in a manner as prescribed by the State Department of

Agriculture by rule promulgated pursuant to this section and the

Oklahoma Concentrated Animal Feeding Operations Act.

B. If three valid complaints are received by the Department

against a poultry-laying operation, licensed pursuant to the

Oklahoma Concentrated Animal Feeding Operations Act, within a period

of sixty (60) days, the Oklahoma Department of Agriculture, Food,

and Forestry, upon inspection and verification of the complaint,

shall declare that an emergency exists.

C. Whenever the Department finds that an emergency exists

requiring immediate action to protect the public health or welfare

or the environment pursuant to this subsection, the Department may

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

reciting the existence of such an emergency and requiring that such

action be taken as deemed necessary to meet the emergency. Any

person to whom such an order is directed shall comply therewith

immediately but may request an administrative enforcement hearing

thereon within fifteen (15) days after the order is served. The

hearing shall be held by the Department within ten (10) days after

receipt of the request. On the basis of the hearing record, the

Department shall sustain or modify such order.

D. If, at the hearing, it is determined that the operator is in

violation of the provisions of this section and rules promulgated

pursuant thereto, in addition to other administrative penalties

authorized by law, the Department may order that the operator be

prohibited from land applying waste for one hundred sixty (160) days

after determination that the facility is in violation.

E. Any party aggrieved by a final order may petition the

Department for rehearing, reopening or reconsideration within ten

(10) days from the date of the entry of the final order. Any party

aggrieved by a final order, including the Attorney General on behalf

Oklahoma Statutes - Title 2. Agriculture Page 744

of the state, may, pursuant to the Administrative Procedures Act,

petition for a judicial review thereof.

F. The provisions of this section may be enforced pursuant to

the provisions of Section 49 of this act.
Okla. Stat. tit. 2, § 2-2-14.2 — OK Code / Title 2 / Section 2-2-14.2
Abandoned or stolen property--Storage--Disposal
Status: in_force

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

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

certain abandoned and stolen personal property as provided in this

section.

B. The Department shall maintain a permanent record identifying

the date and circumstances under which the Department acquired each

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

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

article of property. All abandoned or stolen property shall be

stored in a suitable place to protect it from deterioration;

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

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

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

perishable nature and reasonable attempts to locate and identify the

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

at once without notice.

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

possible price for the perishable property.

Oklahoma Statutes - Title 2. Agriculture Page 57

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

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

property's owner.

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

proceeds from the sale of the perishable property shall be published

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

circulation published in the city or town closest to the location

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

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

conspicuous place at the city hall or police station.

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

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

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

deposited in the State Department of Agriculture Evidence and Law

Enforcement Fund.

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

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

property by public or private auction.

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

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

newspaper of general circulation published in the city or town in

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

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

hall or police station.

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

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

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

permanent record shall be made of the amount received for each

article of property.

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

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

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

5. After deducting and paying all expenses incurred in the

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

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

Agriculture Evidence and Law Enforcement Fund.
Okla. Stat. tit. 2, § 2-1904 — OK Code / Title 2 / Section 2-1904
Renumbered as § 11-23 of this title by Laws 2001, c. 146,
Status: in_force

§ 260, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 770
Okla. Stat. tit. 2, § 2-3-103 — OK Code / Title 2 / Section 2-3-103
Quarantine – Declaration of bee disease or pest - Order
Status: in_force

to destroy.

A. Upon the discovery of any bee disease or pest, a premise

shall be quarantined by the Oklahoma Department of Agriculture,

Food, and Forestry.

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

declare any form of bee, plant, animal, or virus that is injurious

to bees as a bee disease or pest.

C. Any person receiving a quarantine order shall immediately

initiate any and all control measures specified in the quarantine.

D. The quarantine shall remain in effect until officially

removed by the Department.

E. When there are no effective control measures available, or

the person fails to initiate control, a Board order to destroy the

bees and apiary equipment infected or infested with the bee disease

or pest may be issued by the Department to prevent the spread of the

bee disease or pest.
Okla. Stat. tit. 2, § 2-5-606 — OK Code / Title 2 / Section 2-5-606
Regulatory review
Status: in_force

A. The State Department of Health and the Oklahoma Department

of Agriculture, Food, and Forestry shall:

1. Review any such regulations that have an effect on limiting

the use of donated or gleaned food, with the goal of eliminating

unnecessary regulations and increasing the supply of usable donated

or gleaned food while protecting public health; and

2. Submit their review of such regulations no later than

November 1, 2024, in a report to the Governor, the Speaker of the

Oklahoma House of Representatives, and the Speaker Pro Tempore of

the Oklahoma State Senate.
Okla. Stat. tit. 2, § 2-71 — OK Code / Title 2 / Section 2-71
Renumbered as § 15-21 of this title by Laws 2001, c. 146, §
Status: in_force

268, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-9-204.1 — OK Code / Title 2 / Section 2-9-204.1
Renumbered as § 20-6 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-14-68 — OK Code / Title 2 / Section 2-14-68
Administration and enforcement of act - Rules,
Status: in_force

regulations, standards and evaluations.

The State Board of Agriculture shall administer and enforce the

provisions of the Oklahoma Service Technician and Service Agency Act

and shall promulgate rules, standards and evaluations, and work

performance of each category of weight or measure. The rules, and

standards or evaluation of weight or measure shall conform as nearly

as practicable to the handbooks as specified in this article and

adopted by the National Conference on Weights and Measures.
Okla. Stat. tit. 2, § 2-104a — OK Code / Title 2 / Section 2-104a
Renumbered as § 15-66 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-7-402 — OK Code / Title 2 / Section 2-7-402
Purpose - Public policy
Status: in_force

It is the policy of this state and the purpose of the Oklahoma

Milk and Milk Products Act to regulate the quality and the minimum

sanitary requirements of the production, processing, and

distribution of milk and milk products in a manner that shall:

1. Protect the health, safety, and welfare of the consumer

public; and

2. Allow Oklahoma milk and milk product producers, processors,

and distributors to enjoy free trade and commerce.
Okla. Stat. tit. 2, § 2-15-55 — OK Code / Title 2 / Section 2-15-55
Organization meeting - Time and place - Election of
Status: in_force

officers, directors and committees - Qualifications of secretary.

A. As soon as practicable, prior to July first, after the

election of members of the county fair association, the members

elect shall meet at the county seat and shall perfect an

organization by the election of a president, vice president,

secretary and a board of directors. The members elect shall

designate a day where they shall have a twelve-hour window to vote

for the election of a president, vice president, secretary, and

Board of Directors. The Board of Directors shall consist of the

president, vice president, secretary and four members, and such

committees and officers as shall be deemed necessary. The secretary

may be selected outside of the association, but must be a resident

of the county seat or the town or city where the county fair is

held.

B. The president, vice president, secretary, or any member of

the Board of Directors may be removed from their position for

failure to attend at least fifty percent (50%) of meetings in a

calendar year. The president, vice president, secretary, and

members of the Board of Directors may be removed from their

positions by a unanimous vote of all other members.Oklahoma Statutes - Title 2. Agriculture Page 22
Okla. Stat. tit. 2, § 2-5-504 — OK Code / Title 2 / Section 2-5-504
Assistance to individuals affected by disability -
Status: in_force

Services.

A. Subject to available funds, the Oklahoma Cooperative

Extension Service shall provide through the existing state program,

and contract with other entities that assist disabled farmers,

assistance to individuals who are engaged in farming or an

agriculture-related activity and who have been affected by

disability.

B. Services provided by the Oklahoma AgrAbility Project shall

include, but are not limited to:

1. A toll-free information and referral hotline;

2. The establishment of networks with local agricultural and

rehabilitation professionals;

3. The coordination of community resources;

4. The establishment of networks with local agricultural and

health care professionals to help identify individuals who may be

Oklahoma Statutes - Title 2. Agriculture Page 239

eligible for assistance and to help identify the best method of

providing that assistance;

5. The provision of on-the-farm information and technical

assistance regarding equipment modification, assistive technology,

environmental modifications, and work accomodations;

6. Job restructuring; and

7. The provision of information on, and assistance regarding

the development of, alternative jobs.
Okla. Stat. tit. 2, § 2-8-85.11 — OK Code / Title 2 / Section 2-8-85.11
Revocation of registration - Hearing
Status: in_force

The State Board of Agriculture shall refuse to register any

product that does not comply with the Soil Amendment Act and rules

promulgated thereto. The Board may revoke any registration upon

satisfactory evidence that the registrant or any of its agents used

fraudulent or deceptive practices. A registration shall not be

revoked by the Board until the registrant has been given an

opportunity for a hearing before the Board in compliance with the

provisions of Article II of the Administrative Procedures Act.
Okla. Stat. tit. 2, § 2-16-39 — OK Code / Title 2 / Section 2-16-39
Compensation for injury or death
Status: in_force

Any employee of the State of Oklahoma who is injured or killed

while rendering aid outside the State of Oklahoma pursuant to the

provisions of the South Central Interstate Forest Fire Protection

Compact shall be entitled to compensation and death benefits, if

any, in the same manner and on the same terms as if the injury or

death were sustained within the State of Oklahoma.
Okla. Stat. tit. 2, § 2-6-255 — OK Code / Title 2 / Section 2-6-255
Cooperative efforts
Status: in_force

A. The State Board of Agriculture is hereby designated as the

state agency which shall be responsible for cooperating with the

Secretary of Agriculture of the United States under the provisions

of Section 5 of the Federal Poultry Products Inspection Act and such

agency may cooperate with the Secretary of Agriculture of the United

States in developing and administering the poultry products

inspection program of this state under this act to assure that not

later than August 18, 1970, the state requirements will be at least

Oklahoma Statutes - Title 2. Agriculture Page 290

equal to those imposed under Sections 1-4, 6-10, and 12-22 of the

Federal Poultry Products Inspection Act and in developing and

administering the program of this state under Section 11 of this act

in such a manner as will effectuate the purposes of this act and

said Federal Act.

B. In such cooperative efforts, the Board is authorized to

accept from said Secretary advisory assistance in planning and

otherwise developing the state program, technical and laboratory

assistance and training, including necessary curricular and

instructional materials and equipment, and financial and other aid

for administration of such a program. The Board is further

authorized to spend public funds of this state appropriated for

administration of this act to pay such share of the estimated total

cost of the cooperative program as may be agreed upon by the Board

and the Secretary.

C. The Board is further authorized to recommend to the said

Secretary of Agriculture such officials or employees of this state

as the Board shall designate, for appointment to the advisory

committees provided for in Section 5 of the Federal Poultry Products

Inspection Act; and the Board shall serve as the representative of

the Governor for consultation with said Secretary under paragraph C

of Section 5 of said act unless the Governor shall select another

representative.
Okla. Stat. tit. 2, § 2-104e.1 — OK Code / Title 2 / Section 2-104e.1
Renumbered as § 15-71 of this title by Laws 2001, c
Status: in_force

146, § 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-28 — OK Code / Title 2 / Section 2-5-28
Renumbered as § 10-81 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-5-60.1 — OK Code / Title 2 / Section 2-5-60.1
Short title
Status: in_force

This act shall be known and may be cited as the “Oklahoma Farm

to School Program Act”.
Okla. Stat. tit. 2, § 2-1301-219 — OK Code / Title 2 / Section 2-1301-219
Renumbered as Section 16-39 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-4-20 — OK Code / Title 2 / Section 2-4-20
Animal Identification Program
Status: in_force

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

shall be the official animal identification agency of the state and

shall be the official agency of the state in any dealings between

this state and the United States Department of Agriculture, any

other federal agency, or any agency or person of this or another

state on matters pertaining to animal identification.

B. It is the intent of the Oklahoma State Legislature to direct

and authorize the Oklahoma Department of Agriculture, Food, and

Forestry to develop, implement, and administer an Oklahoma Animal

Identification Program that achieves the following goals:

1. Enhance disease preparedness by rapidly identifying animals

exposed to disease, thus allowing quick detection, containment, and

elimination of disease threats;

2. Promote continued confidence in animal products and to

protect the health status of Oklahoma’s herds and flocks;

3. Identify infected and exposed premises, animals, and groups

of animals;

4. Develop a comprehensive infrastructure that utilizes state-

of-the-art national and international standards with the best

available and practical technologies for the collection and

recording of livestock and food animal movements; and

5. Be dynamic and flexible, and incorporate new and proven

technologies as they become available.

C. The Department shall be authorized to promulgate rules for

the implementation and administration of the Oklahoma Animal

Identification Program, if one of the following occurs:

1. The United States Department of Agriculture issues proposed

or final rules or requirements for the implementation of a national

animal identification or premises registration program;

2. The United States Congress enacts requirements for a

national animal identification or premises registration system; or

3. Another state establishes requirements for animal

identification or premises registration affecting the importation of

livestock from Oklahoma.

D. Any rules promulgated by the Department pursuant to this

section that may be reasonably necessary to implement the Oklahoma

Animal Identification Program may include the following:

1. Premises identification;

2. Individual animal identification;

3. Group and lot animal identification;

4. Specifications and standards for the identification

technologies used to track and trace animal movements;

5. Record keeping; and

6. Protecting and improving the health of Oklahoma livestock

and food animals.

Oklahoma Statutes - Title 2. Agriculture Page 167

E. The Department may charge fees; however, the fees shall be

limited to the actual costs of the Department for the implementation

and administration of the Oklahoma Animal Identification Program.

F. Pursuant to this section and rules promulgated pursuant

thereto, any data or records provided to the Department by persons

regarding premises or animal identification, including the name and

address of the provider, shall be kept confidential except in the

following circumstances:

1. Federal law requires the information for a National Animal

Identification program;

2. The Department deems release of confidential information to

other state and federal agencies is necessary for disease control

and disease traceback;

3. The information is needed to assist law enforcement

officials in livestock recovery and theft investigations; and

4. The Department may release information as needed to assist

in criminal investigations or tracebacks concerning violations of

state or federal pharmacy acts and drug residues.

G. In the event that information regarding premises or animal

identification is provided to other individuals or entities, the

information shall be specific and not cumulative.

H. A court shall quash any subpoena commanding the disclosure

of confidential information or records of the Department.
Okla. Stat. tit. 2, § 2-15-53 — OK Code / Title 2 / Section 2-15-53
Object of free fairs
Status: in_force

The object of free fairs is to promote agriculture,

horticulture, livestock and poultry raising, manufacturing, arts,

trades and every industry of the county in which the fair is held.
Okla. Stat. tit. 2, § 2-16-1 — OK Code / Title 2 / Section 2-16-1
Short title
Status: in_force

A. Article 16 of Title 2 of the Oklahoma Statutes shall be

known and cited as the Oklahoma Forestry Code.

B. All statutes enacted and codified in Article 16 of Title 2

of the Oklahoma Statutes shall be considered part of the Oklahoma

Forestry Code.
Okla. Stat. tit. 2, § 2-16-24 — OK Code / Title 2 / Section 2-16-24
Refusal of road crews
Status: in_force

Any road foreman or member of a road construction or maintenance

crew, or any foreman, superintendent, or employee of any road

contractor or subcontractor, who shall, without sufficient cause,

willfully refuse or neglect to prevent and suppress fires as

provided in the Oklahoma Forestry Code shall be guilty of a

misdemeanor and upon conviction shall be punished by a fine of not

more than Five Hundred Dollars ($500.00), by imprisonment for not

more than one (1) year, or by both.

Oklahoma Statutes - Title 2. Agriculture Page 586
Okla. Stat. tit. 2, § 2-104g — OK Code / Title 2 / Section 2-104g
Renumbered as § 15-73 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-738.3 — OK Code / Title 2 / Section 2-738.3
Renumbered as § 10-93 of this title by Laws 2001, c. 146,
Status: in_force

§ 246, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-251 — OK Code / Title 2 / Section 2-6-251
Short title
Status: in_force

This act shall be designated as the Oklahoma Poultry Products

Inspection Act.
Okla. Stat. tit. 2, § 2-5-120 — OK Code / Title 2 / Section 2-5-120
Short title - Urban Gardens Grant Act
Status: in_force

This act shall be known and may be cited as the “Urban Gardens

Grant Act”.

Oklahoma Statutes - Title 2. Agriculture Page 230
Okla. Stat. tit. 2, § 2-2A-27 — OK Code / Title 2 / Section 2-2A-27
Public meeting on draft denial or permit
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 87

A. Pursuant to the rules of the Oklahoma Department of

Agriculture, Food, and Forestry, the Department shall promptly

schedule and hold a formal public meeting if the Department receives

timely written request for the meeting on the draft denial or draft

permit.

B. Notice of the meeting shall be given to the public at least

thirty (30) calendar days prior to the meeting date.

C. The public meeting shall be held at a location convenient to

and near the proposed new site or existing facility not more than

one hundred twenty (120) calendar days after the date notice of the

draft denial or draft permit was published.

D. At the meeting, any person may submit oral or written

statements and data concerning the draft denial or permit.

E. The public comment period shall automatically be extended to

the close of the public meeting. Upon good cause shown, the

presiding officer may extend the comment period further to a date

certain by so stating at the meeting.

F. The meeting shall not be a quasi-judicial proceeding.

G. The applicant or a representative of the applicant may be

present at the meeting to respond to questions.
Okla. Stat. tit. 2, § 2-10-93 — OK Code / Title 2 / Section 2-10-93
Maintaining of grade identity until purchase
Status: in_force

Poultry that has been graded shall maintain its grade identity

until purchased by the consumer.
Okla. Stat. tit. 2, § 2-1022 — OK Code / Title 2 / Section 2-1022
Renumbered as § 18-301 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.