Okla. Stat. tit. 2, § 2-14-66 — OK Code / Title 2 / Section 2-14-66
Owner serviced and maintained devices
Status: in_force

Nothing in the Oklahoma Service Technician and Service Agency

Act shall prohibit a weight or measure owner or a regular employee

of the owner from servicing or repairing a device. However, if the

device is found out of tolerance and is rejected by the State Board

of Agriculture, the owner is responsible for repairing the device

within the time specified on the rejected tag. In addition, the

owner shall notify the Board when the device is repaired and in

operation. The owner shall pay a fee commensurate with the expense

incurred by the Board in performing the follow-up inspection or

test.
Okla. Stat. tit. 2, § 2-18-277 — OK Code / Title 2 / Section 2-18-277
Annual report to Secretary of Agriculture
Status: in_force

A. The chair of the Oklahoma Oilseed Commission shall make an

annual report to the Secretary of Agriculture, within forty-five

(45) days after June 30 of each year, showing in detail all income

and expenditures and any other facts relevant to the Oklahoma

Oilseed Resources Act. The annual report shall include a list of

all officers and any employees of the Commission and shall indicate

the official positions of officers and any employees and salaries

paid.

B. The report shall be available to the public. A copy shall

be sent upon request to any producer upon whom the assessment is

assessed.

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

(3) years.
Okla. Stat. tit. 2, § 2-6-193 — OK Code / Title 2 / Section 2-6-193
Appointment of inspectors - Rules and regulations
Status: in_force

The Board shall appoint from time to time inspectors to make

examination and inspection of all cattle, sheep, swine, goats,

horses, mules, and other equines, the inspection of which is hereby

provided for, and of all carcasses and parts thereof, and of all

meat and meat food products thereof, and of the sanitary conditions

of all establishments in which such meat and meat food products

hereinbefore described are prepared; and said inspectors shall

refuse to stamp, mark, tag or label any carcass or any part thereof,

or meat food product therefrom, prepared in any establishment

hereinbefore mentioned, until the same shall have actually been

inspected and found to be not adulterated; and shall perform such

other duties as are provided by this act and by the rules and

regulations to be prescribed by said Board and said Board shall,

from time to time, make such rules and regulations as are necessary

for the efficient execution of the provisions of this act, and all

inspections and examinations made under this act shall be such and

made in such manner as described in the rules and regulations

prescribed by said Board not inconsistent with the provisions of

this act.

Oklahoma Statutes - Title 2. Agriculture Page 272
Okla. Stat. tit. 2, § 2-10-9.4 — OK Code / Title 2 / Section 2-10-9.4
Poultry operations under common ownership - Registration
Status: in_force

upon waste exceeding certain limit - Reregistration upon certain

increase in waste.

A. Every poultry feeding operation shall be required to

register annually to operate pursuant to the Oklahoma Registered

Poultry Feeding Operations Act and rules promulgated pursuant

thereto.

B. 1. Two or more poultry operations under common ownership

are considered, for the purposes of registration, to be a single

poultry feeding operation if they adjoin each other or if they use a

common waste facility.

2. Once the cumulative amount of poultry waste produced by all

facilities owned or managed by a person meets or exceeds the amount

specified by paragraph 20 of Section 10-9.1 of this title, all

Oklahoma Statutes - Title 2. Agriculture Page 460

poultry feeding operations owned by the person shall be required to

become registered.

3. After the effective date of this act, any poultry feeding

operation shall be required to reregister for any increase in excess

of ten percent (10%) of the facility's original registered capacity.
Okla. Stat. tit. 2, § 2-1604 — OK Code / Title 2 / Section 2-1604
Renumbered as § 18-10 of this title by Laws 2001, c. 146,
Status: in_force

§ 254, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-27 — OK Code / Title 2 / Section 2-8-27
Seizure - Condemnation
Status: in_force

Any agricultural seed or vegetable seed sold, offered for sale,

or exposed for sale in violation of any of the provisions of this

subarticle or rules promulgated thereto shall be subject to seizure

on petition of the State Board of Agriculture to a court in the

locality in which the seed is located. If the court finds the seed

to be in violation of this subarticle and orders the condemnation of

the seed, the seed shall be destroyed, reprocessed, relabeled, or

disposed of in compliance with the laws of this state and as

directed by the court.

Oklahoma Statutes - Title 2. Agriculture Page 392
Okla. Stat. tit. 2, § 2-10-27 — OK Code / Title 2 / Section 2-10-27
Time and place – Rules - Premiums
Status: in_force

The State Board of Agriculture is authorized to designate the

exact time and place where the state-wide broiler show shall be held

and make rules governing the operation of the show and the fixing of

premiums to be paid to various exhibitors.
Okla. Stat. tit. 2, § 2-14-5 — OK Code / Title 2 / Section 2-14-5
Fees
Status: in_force

The State Board of Agriculture shall establish fees for all

tests and certifications made by the Bureau of Standards. The fees

shall in no case exceed those established for similar work by the

Oklahoma Statutes - Title 2. Agriculture Page 517

National Institute of Standards and Technology. The fees collected

shall be deposited with the State Treasurer in the State Department

of Agriculture Revolving Fund.
Okla. Stat. tit. 2, § 2-3-50.11 — OK Code / Title 2 / Section 2-3-50.11
Department of Agriculture, Food, and Forestry -
Status: in_force

Collection of assessment and administrative penalty or fine -

Disposition of penalty.

A. The board of directors may request the Oklahoma Department

of Agriculture, Food, and Forestry to provide for the collection of

the assessment or for other enforcement action necessary as

determined by the board of directors for violations of the Boll

Weevil Eradication Act and for collection of any administrative

penalty or fine from any person who is determined to have violated

any provision of the Boll Weevil Eradication Act.

B. Notwithstanding any other provision of the law, in an

enforcement action brought by the board of directors, the board of

directors may collect, in addition to the assessment, a fine from

any person or cotton gin that is determined to have violated any

provision of the Boll Weevil Eradication Act.

C. Failure by any person to comply with any provisions of the

Boll Weevil Eradication Act may result in assessment of an

administrative penalty or fine of not less than One Hundred Dollars

($100.00) and not more than Ten Thousand Dollars ($10,000.00) for

each violation.

D. Any administrative penalty or fine collected pursuant to the

provisions of this section shall be deposited in the Boll Weevil

Eradication Fund; provided, the Department shall be reimbursed for

any costs incurred by the Department in the enforcement of this

section.
Okla. Stat. tit. 2, § 2-5-59 — OK Code / Title 2 / Section 2-5-59
Oklahoma Trade Development program – Establishment –
Status: in_force

Participating entities - Purpose.

A. The State Board of Agriculture shall establish an Oklahoma

Trade Development program to further the processing and marketing of

Oklahoma food products and renewable resources.

B. All applicable agencies including, but not limited to, the

Division of Agriculture at Oklahoma State University, the Department

Oklahoma Statutes - Title 2. Agriculture Page 188

of Commerce, and the Corporation Commission shall cooperate in the

program.

C. The Oklahoma Trade Development Center shall consider the

following subjects:

1. The possibility of a food processing center to assist in the

marketing of intrastate and interstate distribution to increase the

awareness of Oklahoma food products.

2. The possibilities for value-added products to be derived

from Oklahoma's renewable resources.
Okla. Stat. tit. 2, § 2-4015 — OK Code / Title 2 / Section 2-4015
Oklahoma State University Veterinary Medicine Authority
Status: in_force

Disbursing Fund.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma State University Veterinary Medicine

Authority, to be designated the "Oklahoma State University

Veterinary Medicine Authority Disbursing Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

Oklahoma Statutes - Title 2. Agriculture Page 785

consist of appropriated revenues and federal entitlements. All

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the Oklahoma State University

Veterinary Medicine Authority as provided in subsection B of this

section.

B. Following the execution of a lease of real properties under

the jurisdiction of the Oklahoma State University Veterinary

Medicine Authority to the Oklahoma State University Veterinary

Medical Trust pursuant to Section 22 of this act, monies from the

fund may be expended by the Authority for the fiscal year ending in

the year the lease is executed, for the operations of the Authority

after the execution of the lease to the Oklahoma State University

Veterinary Medical Trust for payment of any costs to the Authority

associated with the transfer of operations of facilities under the

jurisdiction of the Authority, and legal obligations of the

Authority.
Okla. Stat. tit. 2, § 2-1301-210 — OK Code / Title 2 / Section 2-1301-210
Renumbered as Section 16-31 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-9-163 — OK Code / Title 2 / Section 2-9-163
Declaratory judgment - Restraining order - Actions
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 454

A. Any person who has incurred damages as a result of the

Competitive Livestock Markets Act may bring an action to:

1. Obtain a declaratory judgment that an act or practice

violates the Competitive Livestock Markets Act; or

2. Enjoin or obtain a restraining order against a packer who is

violating the Competitive Livestock Markets Act.

B. A person who suffers damages as a result of a violation of

the Competitive Livestock Markets Act may bring an individual or a

class action for the damages caused by any violation of the

Competitive Livestock Markets Act together with reasonable attorney

fees, against the party or parties whose conduct is the proximate

cause of such damages.
Okla. Stat. tit. 2, § 2-6-506 — OK Code / Title 2 / Section 2-6-506
Escaped farmed cervidae
Status: in_force

A. An owner or operator shall ensure farmed cervidae do not run

at large and shall take all reasonable efforts to return any escaped

farmed cervidae to their enclosures as soon as possible.

B. The owner or operator shall immediately notify the Oklahoma

Department of Agriculture, Food, and Forestry and the local game

warden of the Department of Wildlife Conservation if farmed cervidae

escape.

C. If an owner or operator is unwilling or unable to capture

escaped farmed cervidae, the Department of Wildlife Conservation has

the authority to destroy the escaped farmed cervidae.

D. Any farmed cervidae that escape from a farmed cervidae

facility and are taken by a licensed hunter in a manner that complies

with the Oklahoma Wildlife Conservation Code shall be considered a

legal taking and neither the licensed hunter, the state, nor any

state agency shall be liable to the owner for taking the escaped

farmed cervidae.
Okla. Stat. tit. 2, § 2-361o — OK Code / Title 2 / Section 2-361o
Renumbered as § 17-16 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-5-60.21 — OK Code / Title 2 / Section 2-5-60.21
Certification of adoption or defeat of referendum
Status: in_force

proposition.

A. In a referendum election, if the Commissioner finds that

either of the two conditions set forth in subsection B of this

section are met, the Commissioner shall publicly certify the

adoption of the referendum proposition and issue certificates of

election to those persons elected to the board. Otherwise the

Commissioner shall certify that the referendum proposition was

defeated.

Oklahoma Statutes - Title 2. Agriculture Page 198

B. The referendum proposition will be adopted upon a finding

that:

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

favor of the referendum proposition; or

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

favor of the referendum proposition, and those voting in favor of

the proposition produced at least fifty percent (50%) of the volume

of the production of the commodity during the relevant production

period.

C. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.
Okla. Stat. tit. 2, § 2-1110 — OK Code / Title 2 / Section 2-1110
Renumbered as § 18-60 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.

§21-1111. Rape defined.

A. Rape is an act of sexual intercourse involving vaginal or

anal penetration accomplished with a male or female who is not the

spouse of the perpetrator and who may be of the same or the opposite

sex as the perpetrator under any of the following circumstances:

Oklahoma Statutes - Title 2. Agriculture Page 759

1. Where the victim is under sixteen (16) years of age; or

2. Where the victim is incapable through mental illness or any

other unsoundness of mind, whether temporary or permanent, of giving

legal consent; or

3. Where force or violence is used or threatened, accompanied

by apparent power of execution to the victim or to another person;

or

4. Where the victim is intoxicated by a narcotic or anesthetic

agent, administered by or with the privity of the accused as a means

of forcing the victim to submit; or

5. Where the victim is at the time unconscious of the nature of

the act and this is known to the accused; or

6. Where the victim submits to sexual intercourse under the

belief that the person committing the act is a spouse, and this

belief is induced by artifice, pretense, or concealment practiced by

the accused or by the accused in collusion with the spouse with

intent to induce that belief. In all cases of collusion between the

accused and the spouse to accomplish such act, both the spouse and

the accused, upon conviction, shall be deemed guilty of rape; or

7. Where the victim is under the legal custody or supervision

of a state agency, a federal agency, a county, a municipality or a

political subdivision and engages in sexual intercourse with a

state, federal, county, municipal or political subdivision employee

or an employee of a contractor of the state, the federal government,

a county, a municipality or a political subdivision that exercises

authority over the victim.

B. Rape is an act of sexual intercourse accomplished with a

male or female who is the spouse of the perpetrator if force or

violence is used or threatened, accompanied by apparent power of

execution to the victim or to another person.

R.L. 1910, § 2414. Amended by Laws 1981, c. 325, § 1; Laws 1983, c.

41, § 1, eff. Nov. 1, 1983; Laws 1984, c. 134, § 1, eff. Nov. 1,

1984; Laws 1990, c. 224, § 2, eff. Sept. 1, 1990; Laws 1993, c. 62,

§ 1, eff. Sept. 1, 1993; Laws 1995, c. 22, § 1, eff. Nov. 1, 1995;
Okla. Stat. tit. 2, § 2-2016 — OK Code / Title 2 / Section 2-2016
Renumbered as § 11-40 of this title by Laws 2001, c. 146,
Status: in_force

§ 261, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-2014 — OK Code / Title 2 / Section 2-2014
Renumbered as § 11-38 of this title by Laws 2001, c. 146,
Status: in_force

§ 261, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-41.16 — OK Code / Title 2 / Section 2-8-41.16
Environmental jurisdiction
Status: in_force

A. The Department of Environmental Quality shall have

environmental jurisdiction over:

1. Commercial manufacturers of fertilizers, grain and feed

products, and chemicals, and over manufacturing of food and kindred

products, tobacco, paper, lumber, wood, textile mill and other

agricultural products;

2. Slaughterhouses, but not including feedlots at these

facilities; and

3. Aquaculture and fish hatcheries,

including, but not limited to, discharges of pollutants and storm

water to waters of the state, surface impoundments and land

application of wastes and sludge, and other pollution originating at

these facilities.

B. Facilities which store grain, feed, seed, fertilizer, and

agricultural chemicals that are required by federal National

Pollutant Discharge Elimination System (NPDES) regulations to obtain

a permit for storm water discharges shall only be subject to the

jurisdiction of the Department of Environmental Quality with respect

to such storm water discharges.
Okla. Stat. tit. 2, § 2-6-507 — OK Code / Title 2 / Section 2-6-507
Violations of act
Status: in_force

It shall be unlawful and a violation of the Oklahoma Farmed

Cervidae Act for any person:

Oklahoma Statutes - Title 2. Agriculture Page 360

1. To refuse an inspection authorized by the Oklahoma Farmed

Cervidae Act;

2. To commingle or integrate any native cervidae into a farmed

cervidae herd;

3. To intentionally commingle or integrate any farmed cervidae

with native cervidae;

4. To fail to maintain records as required by law;

5. To fail to maintain fencing as required by law;

6. To fail to pay any fee, fine, or penalty as required and

established pursuant to the Oklahoma Farmed Cervidae Act;

7. To fail to comply with any State Board of Agriculture order;

or

8. To violate any provision of the Oklahoma Farmed Cervidae

Act.
Okla. Stat. tit. 2, § 2-1711 — OK Code / Title 2 / Section 2-1711
Renumbered as § 8-85.11 of this title by Laws 2001, c
Status: in_force

146, § 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1301-310.5 — OK Code / Title 2 / Section 2-1301-310.5
Renumbered as Section 16-65 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-8-77.9 — OK Code / Title 2 / Section 2-8-77.9
Sampling - Analysis
Status: in_force

A. The methods of sampling and analysis shall be those adopted

by the Association of Official Analytical Chemists. In cases not

covered by these methods, or in cases where methods are available in

which improved applicability has been demonstrated, the State Board

of Agriculture may adopt appropriate methods from other sources.

B. The Board, in determining for administrative purposes,

whether any fertilizer is deficient in plant food, shall be guided

solely by the official sample as defined in Section 8-77.3 of Title

2 of the Oklahoma Statutes and obtained and analyzed as provided for

in subsection A of this section.

C. Official samples establishing a penalty for nutrient

deficiency shall be retained for a minimum of ninety (90) days from

issuance of a deficiency report.
Okla. Stat. tit. 2, § 2-8-41.2 — OK Code / Title 2 / Section 2-8-41.2
Administration of act
Status: in_force

This act shall be administered by the Board of Agriculture of

the State of Oklahoma, hereinafter referred to as the "Board".
Okla. Stat. tit. 2, § 2-3-220 — OK Code / Title 2 / Section 2-3-220
Noxious weeds - Eradication
Status: in_force

A. 1. The plants musk thistle (Carduus nutans L.), Scotch

thistle (Onoprodum acanthium L.), and Canada thistle (Cirsium

arvense) are designated as noxious weeds. The Legislature finds

that these thistles are a public nuisance in all counties across

this state.

2. It shall be the duty of every landowner in each county to

treat, control, or eradicate all Canada, musk, or Scotch thistles

growing on the landowner’s land every year as shall be sufficient to

prevent these thistles from going to seed.

Oklahoma Statutes - Title 2. Agriculture Page 150

3. The Department of Transportation, the boards of county

commissioners, and any other public, private, or corporate entity

who shall maintain rights-of-way in the State of Oklahoma shall be

responsible for removing any thistle infestation that occurs within

their jurisdiction.

4. Failure of the landowner to treat, eradicate, or control all

musk, Canada, or Scotch thistle may result in a fine not to exceed

One Thousand Dollars ($1,000.00) for each violation per day.

5. Upon written complaint, the State Department of Agriculture

shall inspect the type of thistle infestation, assess the nature and

extent of the thistle infestation on the property of the landowner

and determine the most appropriate thistle treatment, control, or

eradication method available for the type of thistle and location of

the property.

B. The Board shall:

1. Promulgate rules setting categories or degrees of

infestation which would require specified treatment, control, or

eradication;

2. Include musk, Scotch, and Canada thistles as prohibited

noxious weed and weed seed pursuant to the Department’s authority

and responsibility under Article 8 of the Oklahoma Agricultural

Code;

3. By November 1, 2000, and annually thereafter prior to the

growing season of musk, Scotch, and Canada thistles, complete an

annual survey detailing the degree of infestation of these thistles

across the state. The results of these surveys shall be reported to

Oklahoma State University; and

4. In all counties of this state, provide information to

newspapers of general circulation stating that musk, Scotch, and

Canada thistles are a public nuisance and that it is the duty of

every public, private, or corporate landowner to treat, control, or

eradicate these thistles growing on any property owned by the

landowner. The information shall be provided at the beginning of

the cycle of growth of the musk, Scotch, and Canada thistles and at

other times as necessary to inform landowners of the provisions of

this subsection. The information material shall also include:

a. information detailing the process by which an

interested landowner may receive assistance pursuant

to this subsection for the removal of thistles from

infested property,

b. the telephone number of the Department, and

c. a statement informing the landowner that failure to

remove musk, Scotch, and Canada thistles may subject

the landowner to legal action requiring the treatment,

control, or eradication of these thistles.

C. Upon request of the landowner or the Department, the

designated Oklahoma State University extension agent for a

Oklahoma Statutes - Title 2. Agriculture Page 151

particular county shall evaluate or, if there is no extension agent

for a particular county, the Department shall inspect the type of

thistle infestation, assess the nature and extent of the thistle

infestation on the property of the landowner, and determine the most

appropriate thistle treatment, control, or eradication method

available for the type of thistle and location of the property.
Okla. Stat. tit. 2, § 2-3-50.8 — OK Code / Title 2 / Section 2-3-50.8
Certification of acreage in program
Status: in_force

Every person growing cotton in this state shall annually certify

to the board of directors the person’s number of acres and provide

the legal description and the United States Department of

Agriculture Farm Services Agency (FSA) numbers for each field. The

certification shall occur on or before July 20 of each year. The

Oklahoma Statutes - Title 2. Agriculture Page 106

cotton grower shall also furnish to the board of directors any other

information reasonably required to carry out the provisions of the

Boll Weevil Eradication Act.
Okla. Stat. tit. 2, § 2-4011 — OK Code / Title 2 / Section 2-4011
Application for bond approval — Exclusive original
Status: in_force

jurisdiction for Supreme Court.

The Oklahoma State University Veterinary Medicine Authority or

the Oklahoma State University Veterinary Medical Trust may file an

application with the Supreme Court of the State of Oklahoma for

approval of any bonds to be issued under the provisions of the

Oklahoma State University Veterinary Medicine Authority Act, and

exclusive original jurisdiction is hereby conferred upon the Supreme

Court to hear and determine such application. The Supreme Court

shall give such applications precedence over the other business of

the Court and consider and determine the validity of the bonds and

consider the application and any protest which may be filed thereto.

Notice of the hearing on each application shall be given by notice

published in a newspaper of general circulation in this state that

on a day named the Authority or the Trust will ask the Court to hear

the application and approve the bonds. Such notice shall inform all

interested parties that they may file a protest against the issuance

of the bonds, may be present at the hearing, and may contest the

legality thereof. Such notice shall be published one time, not less

than ten (10) days prior to the date named for the hearing and the

hearing may be adjourned from time to time in the discretion of the

Court. If the Court is satisfied that the bonds have been properly

authorized in accordance with the Oklahoma State University

Veterinary Medicine Authority Act, and that when issued such bonds

will constitute valid obligations in accordance with their terms,

the Court shall render its written opinion approving the bonds and

shall fix the time within which the petition for rehearing may be

filed. The decision of the Court shall be a judicial determination

of the validity of the bonds, shall be conclusive as to the

Authority of the Trust, its officers and agents, and thereafter the

bonds so approved and the revenues pledged to their payment shall be

incontestable in any court in the State of Oklahoma.
Okla. Stat. tit. 2, § 2-5-61d — OK Code / Title 2 / Section 2-5-61d
Renumbered as § 14-34 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-5-61a — OK Code / Title 2 / Section 2-5-61a
Renumbered as § 14-31 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-18-245 — OK Code / Title 2 / Section 2-18-245
Assessment of fees
Status: in_force

A. 1. There is hereby assessed a fee of one cent ($0.01) per

bushel upon all sorghum marketed by sorghum producers in this state

and sold or handled through commercial channels. The fee shall be

assessed and imposed upon the sorghum producer at the time of sale

or delivery and shall be collected and remitted by the first

purchaser to the Commission. Pursuant to the provisions of the

Oklahoma Statutes - Title 2. Agriculture Page 655

Oklahoma Sorghum Resources Act, no sorghum shall be subject to

assessment of a fee more than once.

2. No assessments for sorghum shall be collected in accordance

with this section while a national checkoff program for sorghum

established pursuant to 7 CFR 1221 remains in effect. The

collection of assessments in accordance with this section shall be

reinstated upon suspension or termination of the program for sorghum

established pursuant to 7 CFR 1221.

B. 1. The first purchaser shall collect the assessment by

deducting the appropriate amount from the purchase price of the

sorghum or from any funds advanced for that purpose.

2. The Commission, by registered or certified mail, shall

notify each first purchaser of the duty to collect the assessment,

the manner in which the assessment is to be collected, and the date

on or after which the first purchaser is to begin collecting the

assessment.

3. The amount of the assessment collected shall be clearly

shown on the sales invoice or other document evidencing the

transaction. The first purchaser shall furnish a copy of the

document to the sorghum producer.

4. The Commission shall establish through bylaws the procedures

for the collection and remittance of the assessment.

C. Any unexpended balance contained in the Oklahoma Sorghum

Resources Fund as of November 1, 2017, shall be transferred and

deposited to the credit of the General Revenue Fund of the State

Treasury.
Okla. Stat. tit. 2, § 2-2017 — OK Code / Title 2 / Section 2-2017
Renumbered as § 11-41 of this title by Laws 2001, c. 146,
Status: in_force

§ 261, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-755 — OK Code / Title 2 / Section 2-755
Renumbered as § 7-25 of this title by Laws 2001, c. 146, §
Status: in_force

247, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-94 — OK Code / Title 2 / Section 2-94
Renumbered as § 15-55 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-11-80 — OK Code / Title 2 / Section 2-11-80
Creation – Director – Appointment - Powers and duties
Status: in_force

A. There is created the Oklahoma Arboretum and Botanical Garden

of Oklahoma, which shall be under the direction and supervision of

the Board of Regents for the Oklahoma Agricultural and Mechanical

Colleges.

B. The director shall be appointed by the Dean of the Division

of Agriculture of Oklahoma State University and approved by the

Board of Regents.

C. The Oklahoma Arboretum and Botanical Garden director shall:

1. Acquire, archive, process, and disseminate information on

horticultural and botanical resources that is or could be of value

to policy and decision makers in the state;

2. Act as a representative of the state in horticultural

matters as pertains to agriculture, both within and outside the

state, when necessary or appropriate or when requested to do so by

proper authority, which shall include among others the legislative

or executive branches of state government;

3. Conduct research, investigations, and interpretive programs

pertaining to horticultural and botanical resources, including but

not limited to, native woody plant and certain herbaceous plant

species distribution within the state, their relationships to each

other and certain fauna and their environment as it pertains to

agriculture;

4. Maintain plant inventories on or near the OSU campus and the

respective associated sites including but not limited to the Tulsa

Arboretum in natural or contrived ecosystems representing park and

urban sites;

5. Establish a depository for preservation of live, native, and

adaptive plant germplasm and as a distribution source of germplasm

to cooperating affiliated arboretums, involved in plant evaluation,

teaching, and research programs;

6. Maintain as a part of the statewide Arboretum plant

collections representative but not restricted to the flora and plant

communities of Oklahoma, which among other benefits will support

research and investigative programs; and

7. Contract with persons to assist in training of students and

the citizenry with respect to our native and introduced woody and

herbaceous plant material and their importance to Oklahoma.

D. The establishment of the Oklahoma Arboretum and Botanical

Garden shall in no way preclude or limit the research and

Oklahoma Statutes - Title 2. Agriculture Page 503

educational activities concerning biological and botanical resources

and natural or contrived areas by universities, colleges, or other

government entities.

E. The director is authorized to certify copies as being

authentic reproductions of arboretum resource records held in the

state.

F. The director shall present a report each year to the Board

of Regents for the Oklahoma Agricultural and Mechanical Colleges.
Okla. Stat. tit. 2, § 2-361m — OK Code / Title 2 / Section 2-361m
Renumbered as § 17-14 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-1102 — OK Code / Title 2 / Section 2-1102
Renumbered as § 18-51 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-52 — OK Code / Title 2 / Section 2-15-52
County fairs – Power to organize and create upon
Status: in_force

abolition of free state fair.

Any county in which a free state fair is abolished by the

Oklahoma Legislature may organize and create a county fair pursuant

to the provisions of this article.
Okla. Stat. tit. 2, § 2-3-403 — OK Code / Title 2 / Section 2-3-403
Licensee authorization – Exemption from criminal
Status: in_force

liability.

Oklahoma Statutes - Title 2. Agriculture Page 155

A. 1. A licensee is authorized to engage in the growth,

cultivation, handling or processing of industrial hemp and may

remediate noncompliant industrial hemp with a total delta-9

tetrahydrocannabinol concentration of not more than one percent

(1.0%) on a dry-weight basis and prepare for retesting as set forth

by the Department as long as the noncompliant industrial hemp has a

total delta-9 tetrahydrocannabinol concentration of not more than

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

retesting, or all or part of the product is disposed of in the

process of remediation so that only a compliant product (with a

total delta-9 tetrahydrocannabinol concentration of not more than

three-tenths of one percent (0.3%) on a dry-weight basis) is left,

or all disposable waste is destroyed following a remediation

process. Upon a sample collection verifying a compliant delta-9

tetrahydrocannabinol concentration, the licensee shall harvest

within thirty (30) days of sample collection.

2. Remediation shall occur on the facility of the licensee.

Noncompliant industrial hemp shall not leave such facility until a

compliant test is conducted by the Department or a lab approved by

the Department. Retesting of any noncompliant industrial hemp shall

be done within sixty (60) days post-harvest. Within seven (7) days

of receiving notice of a measured tetrahydrocannabinol concentration

that exceeds the acceptable hemp tetrahydrocannabinol level but is

less than one percent (1.0%), the licensed grower shall consent to

the destruction of all cannabis from that lot, or he or she may

request remediation and a post-harvest retest in a homogenized form

in accordance with the procedures established by the State Board of

Agriculture. A measured tetrahydrocannabinol concentration that

exceeds one percent (1.0%) shall require the licensed grower to

properly dispose of all cannabis from that lot. The retest fee

shall be paid in an amount established by the State Board of

Agriculture. Samples with a measured tetrahydrocannabinol

concentration of one percent (1.0%) or greater shall not be eligible

for a post-harvest retest or remediation and shall be destroyed.

3. Licensees may sell industrial hemp grain and other

industrial hemp derivatives that are either grown or processed in

this state, that do not include the flower, for the purpose of

livestock feed and other animal consumption in this state if the

licensee meets the requirements for compliant hemp with a total

delta-9 tetrahydrocannabinol concentration not more than three-

tenths of one percent (0.3%).

B. The activities performed under the Oklahoma Industrial Hemp

Program shall not subject the persons participating in the program

to criminal liability under the Uniform Controlled Dangerous

Substances Act. The exemption from criminal liability provided for

in this subsection is a limited exemption that shall be strictly

Oklahoma Statutes - Title 2. Agriculture Page 156

construed and shall not apply to an activity that is not expressly

permitted under the Oklahoma Industrial Hemp Program.
Okla. Stat. tit. 2, § 2-157.6 — OK Code / Title 2 / Section 2-157.6
Renumbered as § 15-146 of this title by Laws 2001, c
Status: in_force

146, § 271, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1301-105.1 — OK Code / Title 2 / Section 2-1301-105.1
Renumbered as Section 16-6 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-5-60.24 — OK Code / Title 2 / Section 2-5-60.24
Meeting and organization of board – Terms of office
Status: in_force

A. On receiving certificates of election from the Commissioner

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

certified organization's board shall meet and organize.

B. Members of the certified organization's initial board shall

draw lots so that one-third (1/3) of the members shall hold office

for two (2) years, one-third (1/3) for four (4) years, and one-third

(1/3) for six (6) years. Thereafter, members of the board shall

serve for terms of six (6) years.

Oklahoma Statutes - Title 2. Agriculture Page 199

C. Each member holds office until a successor is elected and

has qualified.
Okla. Stat. tit. 2, § 2-131.12 — OK Code / Title 2 / Section 2-131.12
Renumbered as § 15-122 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-20-29 — OK Code / Title 2 / Section 2-20-29
Repealer
Status: repealed

All laws or parts of laws in conflict herewith are repealed.
Okla. Stat. tit. 2, § 2-8-41.3 — OK Code / Title 2 / Section 2-8-41.3
Definitions
Status: in_force

As used in the Oklahoma Commercial Feed Law:

1. "Brand name" means any word, name, symbol, device, or

combination identifying the commercial feed of a distributor or

licensee;

2. "Commercial feed" means all materials except whole seeds

unmixed or physically altered entire unmixed seeds, when not

adulterated within the meaning of paragraph 1 of Section 8-41.7 of

this title, which are distributed for use as feed or for mixing in

feed. The term “commercial feed” shall not include:

a. any feed or any ingredient of feed which is to be used

by a contract feeder and fed to livestock and poultry,

owned solely by the manufacturer of the feed, or

b. hay, straw, stover, silage, cobs, husks, hulls,

individual chemical compounds or substances or other

Oklahoma Statutes - Title 2. Agriculture Page 396

such commodities when these ingredient sources are not

intermixed or mixed with other materials, and are not

adulterated within the meaning of Section 8-41.7 of

this title, such commodities shall also be exempt from

the provisions of this subarticle;

3. "Contract feeder" means a person who as an independent

contractor feeds animals pursuant to a contract, the feed is

supplied, furnished, or provided to another person and the feeder's

renumeration is determined solely or in part by feed consumption,

mortality, profits, or amount or quality of product;

4. "Customer-formula feed" means commercial feed consisting of

a mixture of commercial feeds or feed ingredients. Each batch is

manufactured according to the specific instructions of the final

purchaser;

5. "Deleterious substance" means any substance including, but

not limited to, dust, dirt, filth, or excrement derived from

insects, birds, except domestic poultry litter, rodents, or other

animals that may render a feed material harmful or injurious when

consumed by animals;

6. "Distribute" means to offer for sale, sell, exchange,

barter, supply, furnish, or provide commercial feed;

7. "Distributor" means any person who distributes feed or feed

ingredients;

8. "Drug" means any article intended for use in the diagnosis,

cure, mitigation, treatment, or prevention of disease in animals

other than humans and articles other than feed intended to affect

the structure or any function of the animal body;

9. "Feed ingredient" means each of the constituent materials

making up a commercial feed;

10. "Label" means a display of written, printed, or graphic

matter upon or affixed to the container in which a commercial feed

is distributed, or on the invoice or delivery slip with which a

commercial feed is distributed;

11. "Labeling" means all labels and other written, printed, or

graphic matter upon commercial feed or any of its containers or

wrappers accompanying the commercial feed;

12. "Manufacture" means to grind, mix or blend, or further

process a commercial feed for distribution;

13. "Mineral feed" means a commercial feed intended to supply

primarily mineral elements or inorganic nutrients;

14. "Official sample" means any sample of feed taken by an

authorized agent of the State Board of Agriculture;

15. "Percent" or "percentages" means a portion of each hundred

units of weight;

16. "Pet" means any domesticated animal normally maintained in

or near the household of the animal's owner;

Oklahoma Statutes - Title 2. Agriculture Page 397

17. "Pet food" means any commercial feed prepared and

distributed for consumption by dogs or cats;

18. "Product name" means the name of the commercial feed which

identifies it as to kind, class, or specific use;

19. "Specialty pet" means any domesticated animal pet normally

maintained in a cage or tank, including, but not limited to,

gerbils, hamsters, canaries, psittacine birds, mynahs, finches,

tropical fish, goldfish, snakes, and turtles;

20. "Specialty pet food" means any commercial feed prepared and

distributed for consumption by specialty pets; and

21. "Ton" means a net weight of two thousand (2,000) pounds

avoirdupois.
Okla. Stat. tit. 2, § 2-5-89 — OK Code / Title 2 / Section 2-5-89
Liability of state for payment of loan
Status: in_force

The State of Oklahoma, the State Department of Agriculture, and

the State Treasurer shall not be liable to any eligible lending

institution in any manner for payment of the principal or interest

on the loan to an eligible agricultural business. Any delay in

payments or default on the part of an eligible agricultural business

does not in any manner affect the agricultural linked deposit

agreement between the eligible lending institution and the State

Treasurer.
Okla. Stat. tit. 2, § 2-6-281 — OK Code / Title 2 / Section 2-6-281
Title
Status: in_force

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

Infectious Anemia Eradication Act".
Okla. Stat. tit. 2, § 2-10-9.8 — OK Code / Title 2 / Section 2-10-9.8
Registration fee
Status: in_force

Every application shall be accompanied by an annual registration

fee of Ten Dollars ($10.00), which is nonrefundable. All such fees

shall be deposited in the Agriculture Regulation Revolving Fund

created in Section 10-9.24 of this title to be used for the purpose

of implementing the provisions of the Oklahoma Registered Poultry

Feeding Operations Act and the Oklahoma Poultry Waste Applicators

Certification Act.
Okla. Stat. tit. 2, § 2-5-105 — OK Code / Title 2 / Section 2-5-105
Offenses - Applicability of section to actions taken by
Status: in_force

government agencies.

A. 1. A person commits an offense if, without the consent of

the owner, the person acquires or otherwise exercises control over

an animal facility, an animal from an animal facility, or other

property from an animal facility with the intent to deprive the

owner of such facility, animal, or property and to disrupt or damage

the enterprise conducted at the animal facility.

2. A person commits an offense if, without the consent of the

owner, the person acquires or otherwise exercises control over a

crop facility, a crop from a crop facility, or other property from a

crop facility with the intent to deprive the owner of such facility,

crop, or property and to disrupt or damage the enterprise conducted

at the crop facility.

B. 1. A person commits an offense if, without the consent of

the owner, the person damages or destroys an animal facility or

damages, frees, or destroys any animal or property in or on an

animal facility with the intent to disrupt or damage the enterprise

conducted at the animal facility and the damage or loss thereto

exceeds Five Hundred Dollars ($500.00); or

2. A person commits an offense if, without the consent of the

owner, the person damages or destroys a crop facility or damages or

Oklahoma Statutes - Title 2. Agriculture Page 227

destroys any crop or property in or on a crop facility with the

intent to disrupt or damage the enterprise conducted at the crop

facility and the damage or loss thereto exceeds Five Hundred Dollars

($500.00).

C. 1. A person commits an offense if, without the consent of

the owner, the person damages or destroys an animal facility or

damages, frees, or destroys any animal or property in or on an

animal facility and the damage or loss thereto is Five Hundred

Dollars ($500.00) or less or enters or remains on an animal facility

with the intent to disrupt or damage the enterprise conducted at the

animal facility, and the person:

a. had notice that the entry was forbidden,

b. knew or should have known that the animal facility was

or had closed to the public, or

c. received notice to depart but failed to do so.

2. For the purposes of this paragraph “notice” means:

a. oral or written communication by the owner or someone

with actual or apparent authority to act for the

owner,

b. the presence of fencing or other type of enclosure or

barrier designed to exclude intruders or to contain

animals, or

c. a sign or signs posted on the property or at the

entrance to the building, reasonably likely to come to

the attention of intruders, indicating that entry is

forbidden,

(1) a person commits an offense if, without the

consent of the owner, the person damages or

destroys a crop facility or damages or destroys

any crop or property in or on a crop facility and

the damage or loss thereto is Five Hundred

Dollars ($500.00) or less or enters or remains on

a crop facility with the intent to disrupt or

damage the enterprise conducted at the animal

facility, and the person:

(a) had notice that the entry was forbidden,

(b) knew or should have known that the crop

facility was or had closed to the public, or

(c) received notice to depart but failed to do

so,

(2) for the purposes of this subdivision “notice”

means:

(a) oral or written communication by the owner

or someone with actual or apparent authority

to act for the owner, or

(b) a sign or signs posted on the property or at

the entrance to the building, reasonably

Oklahoma Statutes - Title 2. Agriculture Page 228

likely to come to the attention of

intruders, indicating that entry is

forbidden.

D. This section shall not apply to, affect, or otherwise

prohibit actions taken by the Oklahoma Department of Agriculture,

Food, and Forestry, any other federal, state, or local department or

agency, or any official, employee, or agent thereof while in the

exercise or performance of any power or duty imposed by law or by

rule and regulation.
Okla. Stat. tit. 2, § 2-6-4 — OK Code / Title 2 / Section 2-6-4
Disinfecting of livestock and places - Cost - Liens
Status: in_force

A. If the State Veterinarian determines that any livestock is

infected with or has been exposed to any contagious or infectious

disease, the owner or person in control of the livestock may be

directed by the State Veterinarian or any authorized agent thereof,

to disinfect any livestock or any place the livestock has been in a

Oklahoma Statutes - Title 2. Agriculture Page 244

specific time and manner. If the livestock or place is not

disinfected within the time specified, the State Veterinarian or

authorized agent shall have the authority to have the livestock or

place disinfected. The owner or person in control of the livestock

shall be obligated to pay to the State Department of Agriculture all

expenses incurred in having the livestock or place disinfected. The

State Board of Agriculture shall have the authority to place a lien

upon the livestock or place until the expense is paid.

B. The livestock or place shall not be removed or change

ownership without permission of the State Veterinarian. When the

expense is paid, it shall be deposited in the State Department of

Agriculture Revolving Fund.

C. The term "place", as used in this section, shall include but

not be limited to any premises or mode of transportation.
Okla. Stat. tit. 2, § 2-6-265 — OK Code / Title 2 / Section 2-6-265
Exemptions
Status: in_force

A. The Board shall, by regulation and under such conditions,

including requirements, as to sanitary standards, practices, and

procedures as it may prescribe, exempt from specific provisions of

this act with respect to processing of poultry or poultry products

solely for intrastate commerce and distribution of poultry or

poultry products only in such commerce:

1. for such period of time as the Board determines that it

would be impracticable to provide inspection and the exemption will

aid in the effective administration of this act, any person engaged

in the processing of poultry or poultry products and the poultry or

poultry products processed by such person; provided, that, no such

exemption shall continue in effect more than one hundred twenty

(120) days after enactment of this act;

2. persons slaughtering, processing, or otherwise handling

poultry or poultry products which have been or are to be processed

as required by recognized religious dietary laws, to the extent that

the Board determines necessary to avoid conflict with such

requirements while still effectuating the purposes of this act;

3. the slaughtering by any person of poultry of his own

raising, and the processing by him and transportation of the poultry

products exclusively for use by him and members of his household and

his nonpaying guests and employees;

4. the custom slaughter by any person of poultry delivered

by the owner thereof for such slaughter, and the processing by such

slaughterer and transportation of the poultry products exclusively

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

household and his nonpaying guests and employees; provided, that,

Oklahoma Statutes - Title 2. Agriculture Page 298

such custom slaughterer does not engage in the business of buying or

selling any poultry products capable of use as human food;

5. operations of types traditionally and usually conducted

at retail stores and restaurants, when conducted at any retail store

or restaurant or similar retail-type establishment for sale in

normal retail quantities or service of such articles to consumers at

such establishments, if no poultry or poultry products are processed

at the establishment for distribution within this state or otherwise

subject to inspection under the Federal Poultry Products Inspection

Act.

B. The provisions of this act shall not apply to poultry

producers with respect to poultry of their own raising on their own

farms if

1. such producers slaughter not more than two hundred

fifty turkeys, or not more than an equivalent number of birds of all

species during the calendar year for which this exemption is being

determined, four birds of other species being deemed the equivalent

of one turkey;

2. such poultry producers do not engage in buying or

selling poultry products other than those produced from poultry

raised on their own farms.

C. The adulteration and misbranding provisions of this act,

other than the requirement of the inspection legend, shall apply to

articles which are exempted from inspection under this section.

D. The Board may by order suspend or terminate any exemption

with respect to any person whenever it finds that such action will

aid in effectuating the purposes of this act.
Okla. Stat. tit. 2, § 2-10-91 — OK Code / Title 2 / Section 2-10-91
Definitions
Status: in_force

As used in this subarticle:

1. "Consumer" means any person using poultry for food, and

shall include restaurants, hotels, cafeterias, hospitals, state

institutions, and/or any other establishment serving food to be

consumed on the premises;

2. "Federal inspection" means the poultry inspection service

conducted by the poultry inspection branch of the United States

Department of Agriculture;

3. "Fowl" means chickens, turkeys, ducks, geese, and any other

domesticated birds used for human food;

4. "Poultry" means domesticated raw fowl;

5. "Poultry products" means the carcasses or parts of carcasses

of poultry produced entirely or in substantial part from poultry;

6. "Reclassified" means the reprocessing of poultry in which

poultry is cut into parts and parts are graded;

7. "State inspection" means the poultry inspection service

conducted by the Oklahoma State Board of Agriculture; and

8. "Wholesome" means sound, healthful, clean, and fit for human

food.
Okla. Stat. tit. 2, § 2-7-415 — OK Code / Title 2 / Section 2-7-415
Fees
Status: in_force

A. A fee of one cent ($0.01) shall be assessed on each one

hundred (100) pounds of raw milk produced in this state. Each co-

op, marketing agent, or processing plant where the raw milk is not

collected by a co-op or marketing agent, doing business in Oklahoma

shall pay the fees each calendar month to the Commissioner of

Agriculture to be credited to the Milk and Milk Products Inspection

Revolving Fund of the State Treasury.

B. There is hereby assessed a fee of one cent ($0.01) on each

one hundred (100) pounds of Grade A milk or milk products processed

or offered for retail sale in Oklahoma. Each milk plant doing

business in Oklahoma shall pay the fees each calendar month to the

Commissioner to be credited to the Milk and Milk Products Inspection

Revolving Fund of the State Treasury.

C. A fee assessed on each one hundred (100) pounds of milk or

milk products produced or processed in another state and imported

into Oklahoma shall be the same amount assessed on milk or milk

products shipped to that state from Oklahoma. The person shipping

or causing the shipment of milk or milk products shall be

responsible for paying the fees semi-annually on January 1 and July

1 of each year to the Commissioner and be credited to the Milk and

Milk Products Inspection Revolving Fund of the State Treasury.
Okla. Stat. tit. 2, § 2-5-61j — OK Code / Title 2 / Section 2-5-61j
Renumbered as § 14-40 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-788.6 — OK Code / Title 2 / Section 2-788.6
Renumbered as § 8-36 of this title by Laws 2001, c. 146,
Status: in_force

§ 248, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-15 — OK Code / Title 2 / Section 2-5-15
Definitions
Status: in_force

As used in the Oklahoma Agritourism Activities Liability

Limitations Act:

1. "Agritourism activity" means any activity carried out on a

farm or ranch that allows members of the general public, for

recreational, entertainment, or educational purposes, to view or

enjoy rural activities, including farming, ranching, historic,

cultural, harvest-your-own activities, or natural activities and

attractions. An activity is an agritourism activity whether or not

the participant paid to participate in the activity;

2. "Agritourism professional" means any person who is engaged

in the business of providing one or more agritourism activities,

whether or not for compensation and whose agritourism activity is

registered with the Oklahoma Department of Agriculture, Food, and

Forestry;

3. "Inherent risks of agritourism activity" means those dangers

or conditions that are an integral part of an agritourism activity

including certain hazards, surface and subsurface conditions,

natural conditions of land, vegetation, and waters, the behavior of

wild or domestic animals, and ordinary dangers of structures or

equipment ordinarily used in farming and ranching operations.

Inherent risks of agritourism activity also include the potential of

a participant to act in a negligent manner that may contribute to

injury to the participant or others, including failing to follow

instructions given by the agritourism professional or failing to

exercise reasonable caution while engaging in the agritourism

activity; and

4. "Participant" means any person, other than the agritourism

professional, who engages in an agritourism activity.

Oklahoma Statutes - Title 2. Agriculture Page 184
Okla. Stat. tit. 2, § 2-36 — OK Code / Title 2 / Section 2-36
Renumbered as § 15-6 of this title by Laws 2001, c. 146, §
Status: in_force

267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-86 — OK Code / Title 2 / Section 2-5-86
Agricultural linked deposit loan packages - Completion by
Status: in_force

borrower - Acceptance and review by lending institutions -

Certification of proposed use - Priority for economic needs of area

- Submission of package to State Treasurer - Approval or rejection.

A. The State Treasurer is authorized to disseminate information

and provide agricultural linked deposit loan packages to the lending

institutions eligible for participation in the Oklahoma Agricultural

Linked Deposit Program.

B. The agricultural linked deposit loan package shall be

completed by the borrower before being forwarded to the lending

institution for consideration. Any technical assistance in

completing the agricultural loan package shall be provided by the

Oklahoma Department of Agriculture, Food, and Forestry.

C. 1. An eligible lending institution that desires to receive

an agricultural linked deposit shall accept and review applications

for loans from eligible agricultural businesses. The lending

institution shall apply all usual lending standards to determine the

credit worthiness of each eligible agricultural business. No single

linked deposit for an alternative agricultural product shall exceed

One Million Dollars ($1,000,000.00). No single linked deposit for

an at-risk farm or ranch operation shall exceed One Million Dollars

($1,000,000.00). No single linked deposit for a healthy corner

store shall exceed Three Hundred Fifty Thousand Dollars

($350,000.00).

Oklahoma Statutes - Title 2. Agriculture Page 219

2. Only one linked deposit loan shall be made and be

outstanding at any one time to any eligible agriculture business.

However, the linked deposit loan may be refinanced.

3. No loan shall be made to any officer or director of the

lending institution making the loan.

D. An eligible agricultural business shall certify on its loan

application that the reduced rate loan will be used exclusively for

the purposes outlined in paragraph 6 of Section 5-82 of this title.

E. In considering which eligible agricultural businesses to

include in the agricultural linked deposit loan package for reduced

rate loans, the eligible lending institution shall give priority to

the economic and health needs of the area in which the business is

located and other factors it considers appropriate to determine the

relative financial need of the business.

F. 1. The eligible lending institution shall forward to the

State Treasurer an agricultural linked deposit loan package in the

form and manner prescribed and approved by the State Treasurer. The

package shall include information regarding the amount of the loan

requested by each eligible agricultural business and any other

information regarding each business the State Treasurer and the

State Board of Agriculture requires. The institution shall certify

that each applicant is an eligible agricultural business, and shall,

for each business, certify the present borrowing rate applicable to

each specific eligible agricultural business.

2. The institution and applicant shall certify that each

applicant is an eligible agricultural business and that the values

used to calculate the ratios of debt to assets have not been changed

or manipulated in order to qualify the applicant for the program.

3. Whoever knowingly makes a false statement concerning a

linked deposit loan application shall be prohibited from

participating in the linked deposit loan program.

G. Upon receipt of a completed agricultural linked deposit loan

package, the State Treasurer may review or audit the information

contained in the completed agricultural linked deposit loan package,

including, but not limited to, a review or audit of the values used

to calculate the ratios of debts to assets as provided by the

applicant and the institution. The State Treasurer shall forward

the completed agricultural linked deposit loan package to the Board.

The Board or its designee shall review the agricultural linked

deposit loan package to determine if the package qualifies underreview by lending institutions - Certification of proposed use - Priority for economic needs of area -e,

including, but not limited to, a review or audit of the values used

to calculate the ratios of debts to assets as provided by the

applicant and the institution. The State Treasurer shall forward

the completed agricultural linked deposit loan package to the Board.

The Board or its designee shall review the agricultural linked

deposit loan package to determine if the package qualifies under

this program. The Board or its designee shall return the package to

the State Treasurer with a written recommendation of approval or

rejection within ten (10) business days. If the Board or its

designee recommends rejection, the written recommendation shall

include reasons for the rejection. The Board or its designee shall

forward a copy of the rejection notice to the lending institution

Oklahoma Statutes - Title 2. Agriculture Page 220

and the borrower. The State Treasurer shall keep a chronological

list of all application recommendations received.
Okla. Stat. tit. 2, § 2-5-10 — OK Code / Title 2 / Section 2-5-10
"Made in Oklahoma" and "Grown in Oklahoma" program -
Status: in_force

Powers and duties of State Department of Agriculture.

A. To implement the Made in Oklahoma Program and the Grown in

Oklahoma Program, the State Department of Agriculture shall:

1. Design a “Made in Oklahoma” logo and a “Grown in Oklahoma”

logo for use by Oklahoma processors, providers, or growers;

2. Establish standards and requirements for logos;

Oklahoma Statutes - Title 2. Agriculture Page 181

3. Establish fees for logos; provided any Oklahoma processor,

provider, or grower may acquire use of the logos on their foods,

products, or services free of charge for the first year after

authorization for use;

4. Establish a task force to assist in ascertaining strengths

and weaknesses of the program;

5. Cooperate with other state agencies and other organizations

as needed in development of the program;

6. Foster conferences, institutes, and exhibits on Oklahoma-

made products and services or Oklahoma-grown foods;

7. Publish reports, surveys, news bulletins, or other materials

pertaining to its findings, recommendations, and work; and

8. Report to the Governor, the Speaker of the House of

Representatives, and the President Pro Tempore of the Senate areas

needing legislative or procedural changes to help promote the

purchase and use of Oklahoma-made products and services and

Oklahoma-grown foods or to attract manufacturers to supply

processors with needed materials.

B. The Department may apply for, accept, and use any gift,

grant, or bequest from any source for the purpose of discharging its

duties.
Okla. Stat. tit. 2, § 2-15-76 — OK Code / Title 2 / Section 2-15-76
Terms of directors
Status: in_force

A. The directors elected at the first election held on the

first Saturday in June, 1937, shall hold office; three for one (1)

year, three for two (2) years, and three for three (3) years, so

that annually thereafter there shall be elected three directors to

serve for a term of three (3) years, and until their successors are

elected and qualified.

B. At the first meeting of the directors on the second Saturday

of June, 1937, the directors shall determine by lot or agreement who

shall serve for the one-year, the two-year and the three-year terms.
Okla. Stat. tit. 2, § 2-15-11 — OK Code / Title 2 / Section 2-15-11
Funds for special premiums - County contingent fund -
Status: in_force

Special tax levy.

The funds provided for by Sections 146 through 159 of this act

shall be derived from any fund on hand, and not otherwise

appropriated, in the contingent fund of the county. If the amount

available in the contingent fund is insufficient then the county

commissioners are authorized and directed to make a special tax levy

for the contingent fund for the amount necessary.
Okla. Stat. tit. 2, § 2-18-311 — OK Code / Title 2 / Section 2-18-311
Report and remittance
Status: in_force

A. The purchaser shall render and have on file a report with

the Oklahoma Wheat Utilization, Research and Market Development

Commission by the fifteenth day of each calendar quarter following

any calendar quarter in which such a purchaser has purchased ten

thousand (10,000) or more bushels of wheat. If less than ten

thousand (10,000) bushels have been purchased, in any calendar

quarter, the fee may be reported and remitted with the following

quarter's return, except that all fees collected must be remitted at

least once every six (6) months.

B. In case any person, business or entity, public or private,

subject to the fee, fails to make a report and remittance as

required, the Director of the Commission shall determine the amount

of the fee according to his or her best judgment and information.

The amount so fixed by the Director shall be prima facie correct.

The person having failed to make the report shall, within ten (10)

days after notice of the amount of the fee so fixed and computed by

the Director is mailed to such person, pay the fee, together with a

penalty of five percent (5%) on the amount of the fee. The person

may dispute the fee as fixed by the Director and request the

Commission to hold a hearing to determine the amount of the fee and

penalty to be imposed. No payment shall be made until the

Oklahoma Statutes - Title 2. Agriculture Page 667

Commission enters its order determining the amount of the payment.

When the Commission determines the amount of the payment, the

payment shall be paid within ten (10) days of notice of such

decision.
Okla. Stat. tit. 2, § 2-15-64 — OK Code / Title 2 / Section 2-15-64
Use of money derived from rights and privileges
Status: in_force

All money derived from rights and privileges on the fair

grounds, except as otherwise provided by Section 15-63 of this

title, may be used in defraying expenses.
Okla. Stat. tit. 2, § 2-361f — OK Code / Title 2 / Section 2-361f
Renumbered as § 17-7 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-9-205.4 — OK Code / Title 2 / Section 2-9-205.4
Renumbered as § 20-12 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-9-206 — OK Code / Title 2 / Section 2-9-206
Renumbered as § 20-14 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-15-32 — OK Code / Title 2 / Section 2-15-32
State not liable for deficiency or expense
Status: in_force

The State of Oklahoma shall not be liable for any sum of money

whatsoever, by reason of the running, operating or establishing of a

free district fair, pursuant to the provisions of this article. Any

deficiency or expense occasioned by the running or operating of a

free district fair shall never be paid by the State of Oklahoma, nor

be a charge against the state.
Okla. Stat. tit. 2, § 2-17-17 — OK Code / Title 2 / Section 2-17-17
Contracts as condition of membership - Title to products
Status: in_force

- Withdrawal of members - Filing of contracts - Fees - Termination

certificate.

A. 1. Members may be required to execute contracts as a

condition of admission to the association, whereby the members agree

to:

a. patronize the facilities created by the association,

b. sell all or a specified part of their products to or

through, or

Oklahoma Statutes - Title 2. Agriculture Page 629

c. buy all or a specified part of their supplies from or

through, the association or any facilities created by

it.

2. If the members in the association contract a sale to or

through the association the fact that for certain purposes the

relation between the association and its members may be one of

agency shall not prevent the passage from the member to the

association of absolute and exclusive title to the products which

are the subject matter of the contract. The title shall pass to the

association upon delivery of the product or at any other specified

time which may be expressly and distinctly agreed upon in the

contract, subject to previously existing liens.

3. In the case of contracts with members who are natural

persons, if the period of the contract exceeds three (3) years, the

contracts executed thereunder shall specify a reasonable period in

each year during which the member by giving to the association

reasonable notice as may be prescribed in the contract may withdraw

and be released from the obligations under the contract, subject to

liability already incurred by the member as a member of the

association.

4. In the absence of a provision for notice or withdrawal in

the contract a member who is a natural person may withdraw at any

time after three (3) years subject to liabilities already incurred.

B. 1. The association may cause the original of a contract or

an authenticated copy of the contract to be filed in the office of

the county clerk of the county in which the products described in

the contract, or any part of the contract, are or will at some

future time be situated. The contracts shall describe the property

or services affected, the manner in which they are affected, and the

time for which they are affected and shall state the names and

residences of the parties to the contract.

2. The fees for filing the contracts shall be twenty-five cents

($0.25) for each contract, except that when an association files

more than one contract in a county which are substantially the same

except for the signature of one of the parties the filing fee shall

be twenty-five cents ($0.25) for the first contract and five cents

($0.05) for each similar contract.

C. Whenever a contract terminates, the association shall on

demand give to the member a certificate to that effect. The

certificate may be filed with the county clerk. The county clerk

shall be entitled to the same filing fees pursuant to this

subsection as in the case of chattel mortgages.
Okla. Stat. tit. 2, § 2-5-60.34 — OK Code / Title 2 / Section 2-5-60.34
Exemption from requirements of act
Status: in_force

All commissions and assessments established before July 1, 1999,

are exempt from the requirements and provisions of the Oklahoma

Agricultural Commodity Act. However, any statutory commodity board

that is replaced by a successor organization approved by the

Commissioner of the Oklahoma Department of Agriculture, Food, and

Forestry shall be subject to the provisions of this act.
Okla. Stat. tit. 2, § 2-2012 — OK Code / Title 2 / Section 2-2012
Renumbered as § 11-36 of this title by Laws 2001, c. 146,
Status: in_force

§ 261, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1301-217 — OK Code / Title 2 / Section 2-1301-217
Renumbered as Section 16-37 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-9-214 — OK Code / Title 2 / Section 2-9-214
Renumbered as § 20-28 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-1301-315 — OK Code / Title 2 / Section 2-1301-315
Renumbered as Section 16-71 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-14-83 — OK Code / Title 2 / Section 2-14-83
Time of operation - Fees - Use of other laboratories
Status: in_force

A. The State Department of Agriculture shall determine the days

and hours of the operation of the State Department of Agriculture

laboratory. The laboratory shall conduct qualitative and

quantitative analyses of pesticidal residues and other chemical

determinations of agricultural products contained in samples

submitted, by any person, agency, group, or other organization.

B. The State Board of Agriculture shall promulgate a schedule

of fees for work performed by the laboratory. The fees shall be

calculated to help defray the costs of operating the laboratory

including, but not limited to: salaries, chemicals, materials,

equipment, and repairs to and replacement of materials, equipment,

and buildings. Fees paid by state offices and agencies utilizing

the services of the laboratory shall be paid from their general

appropriations.

C. The Department is authorized to have a test or determination

made in a qualified laboratory other than the Department laboratory.

Any determination or test made by another qualified laboratory shall

be considered official for that particular sample.

Oklahoma Statutes - Title 2. Agriculture Page 535
Okla. Stat. tit. 2, § 2-110 — OK Code / Title 2 / Section 2-110
Renumbered as § 15-85 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-60.14 — OK Code / Title 2 / Section 2-5-60.14
Commodity producers board – Ballot – Notice by
Status: in_force

publication – Written notice.

A. A certified organization that does not have a statutory

assessment may establish a new commodity producers board and conduct

an election of members to the commodity producers board for the

commodity. The ballot shall also provide for a referendum of the

producers of an agricultural commodity on the proposition of whether

or not the producers shall levy an assessment on themselves to

finance programs of research, disease and insect control, predator

control, education, or promotion designed to encourage the

production, marketing, and use of the commodity. The certified

organization shall give public notice of:

1. The date, hours, and polling places for voting in the

referendum and election;

2. The estimated amount and basis of the assessment proposed to

be collected;

3. Whether a producer exemption is to be allowed in accordance

with Section 5-60.18 of this title; and

4. A description of the manner in which the assessment is to be

collected and the proceeds administered and used.

B. The notice under subsection A of this section shall be

published in one or more newspapers published and distributed within

Oklahoma Statutes - Title 2. Agriculture Page 195

the boundaries described in the petition. The notice shall be

published for not less than once a week for three (3) consecutive

weeks, beginning at least sixty (60) days before the date of the

election. In addition, at least sixty (60) days before the date of

the election, the certified organization shall give direct written

notice to each county extension educator in any county within the

boundaries described in the petition.

C. A successor organization shall follow the board election

procedures set in the bylaws of the successor organization and the

statutory assessment provisions for the particular commodity

represented by the successor organization.
Okla. Stat. tit. 2, § 2-1514 — OK Code / Title 2 / Section 2-1514
Renumbered as § 18-194 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1704 — OK Code / Title 2 / Section 2-1704
Renumbered as § 8-85.4 of this title by Laws 2001, c. 146,
Status: in_force

§ 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-788.1 — OK Code / Title 2 / Section 2-788.1
Renumbered as § 8-31 of this title by Laws 2001, c. 146,
Status: in_force

§ 248, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1601 — OK Code / Title 2 / Section 2-1601
Renumbered as § 6-303 of this title by Laws 2001, c. 146,
Status: in_force

§ 254, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-27 — OK Code / Title 2 / Section 2-5-27
Renumbered as § 10-80 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-15-10 — OK Code / Title 2 / Section 2-15-10
Payment of premiums - Vouchers - Execution and
Status: in_force

certification.

The county commissioners shall not pay premiums except on a

voucher. The voucher shall state the name of the person and the

person’s address to whom the premium was awarded. The voucher must

be signed by the judge who awards the premium. The voucher must

also be signed and certified by the person acting as clerk to the

judge.
Okla. Stat. tit. 2, § 2-1301-110 — OK Code / Title 2 / Section 2-1301-110
Renumbered as Section 16-11 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-361i — OK Code / Title 2 / Section 2-361i
Renumbered as § 17-10 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-2A-1 — OK Code / Title 2 / Section 2-2A-1
Short title - Purpose - Applicability - Water programs
Status: in_force

A. Sections 2 through 11 of this act shall be known and may be

cited as the “Oklahoma Agriculture Pollutant Discharge Elimination

System Act”.

B. The purpose of the Oklahoma Agriculture Pollutant Discharge

Elimination System Act is to:

1. Implement the federal National Pollutant Discharge

Elimination System requirements;

2. Assist the Oklahoma Department of Agriculture, Food, and

Forestry in obtaining authorization to implement the federal Clean

Water Act programs; and

3. Issue permits to the persons or organizations owning or

operating facilities regulated within the areas of environmental

jurisdiction of the Department.

C. The provisions contained in the Oklahoma Agriculture

Pollutant Discharge Elimination System Act shall only apply to those

programs established pursuant to the environmental jurisdiction of

the Department as stated in Section 1-3-101 of Title 27A of the

Oklahoma Statutes.

D. Water programs within the environmental jurisdiction of the

Department are hereby established that shall be responsible for:

1. Water quality including, but not limited to, point source

and nonpoint source pollution;

2. Water protection; and

3. Discharges and potential discharges to waters of the state.
Okla. Stat. tit. 2, § 2-8-85.2 — OK Code / Title 2 / Section 2-8-85.2
Power vested in Board
Status: in_force

The Soil Amendment Act shall be administered by the State Board

of Agriculture.
Okla. Stat. tit. 2, § 2-2A-9 — OK Code / Title 2 / Section 2-2A-9
Violations of act, permit, rule or order - Recovery of
Status: in_force

damages - Right of intervention - Notice - Hearings - Penalties -

Review.

A. Whenever there are reasonable grounds to believe that there

has been a violation of any of the provisions of the Oklahoma

Agriculture Pollutant Discharge Elimination System Act, any permit,

any rule, or any order of the Director of the Agriculture Pollutant

Discharge Elimination System, the Director shall have the authority

and powers to proceed as specified in the Administrative Procedures

Act unless otherwise provided herein. However, provisions of this

section for written notice, enforcement hearing, and administrative

orders shall not be conditions precedent for seeking action in the

district court as provided by the Oklahoma Agriculture Pollutant

Discharge Elimination System Act or other applicable provisions of

law.

B. The Oklahoma Agriculture Pollutant Discharge Elimination

System Act shall not in any way impair or in any way affect the

right of a person to recover damages for pollution that are

otherwise allowed by law in a court of competent jurisdiction.

C. Any person having any interest connected with the geographic

area or waters or water system affected, including but not limited

to any health, environmental, pecuniary, or property interest, which

interest is or may be adversely affected, shall have the right to

intervene as a party in any administrative proceeding before the

Oklahoma Statutes - Title 2. Agriculture Page 78

Department, or in any civil proceeding, relating to violations of

the Oklahoma Agriculture Pollutant Discharge Elimination System Act

or rules, permits or orders issued hereunder.

D. Whenever, on the basis of any information available, the

Department finds that any person regulated by the Department is in

violation of any act, rule, order, permit, condition or limitation

implementing the Oklahoma Agriculture Pollutant Discharge

Elimination System Act, or any previously issued discharge permit,

the Director may issue an order requiring the person or entity to

comply with the provision or requirement, commence appropriate

administrative enforcement proceedings, or bring a civil action.

Provided, however, the issuance of a compliance order or denial,

placing on probation, reinstatement, suspension or revocation of a

permit shall not be considered a condition precedent to the accrual

or imposition of penalties or fines in any administrative, civil, or

criminal proceeding.

E. 1. A copy of any order issued pursuant to this section

shall be sent immediately to the violator. In any case in which an

order or notice to a violator is issued to a corporation, a copy of

the order shall be served on any appropriate individual officers or

service agents.

2. Any order issued pursuant to this section shall state with

reasonable specificity the nature of the violation, and shall

specify a time for compliance not to exceed thirty (30) days in the

case of a violation of an interim compliance schedule or operation

and maintenance requirement and not to exceed a reasonable time in

the case of a violation of a final deadline, taking into account the

seriousness of the violation and any good faith efforts to comply

with applicable requirements. Any order or notice issued by the

Director may be served in any manner allowed by Oklahoma Rules of

Civil Procedure applicable to a civil summons.

F. 1. Whenever on the basis of any information available the

Director finds that any person regulated by the Department has

violated any of the provisions of the Oklahoma Agriculture Pollutant

Discharge Elimination System Act, or any permit, rule, order or

condition or limitation implementing any of these sections, or

previously issued discharge permit or related order, the Director

may assess, after providing notice and opportunity for an

enforcement hearing to the alleged violator, an administrative fine

of not more than Ten Thousand Dollars ($10,000.00) per day for each

violation.

2. The total amount of the administrative fine shall not exceed

One Hundred Twenty-five Thousand Dollars ($125,000.00) per

violation. In determining the amount of any penalty assessed under

this subsection, the Director shall take into account the nature,

circumstances, extent and gravity of the violation, or violations,

and, with respect to the violator, the ability to pay, any prior

Oklahoma Statutes - Title 2. Agriculture Page 79

history of violations, the degree of culpability, the economic

benefit savings, if any, resulting from the violation, and any other

matters as justice may require. For purposes of this subsection, a

single operational upset which leads to simultaneous violations of

more than one pollutant parameter shall be treated as a single

violation.

3. Enforcement hearings shall be conducted in accordance with

the procedures set out in the Administrative Procedures Act.

G. 1. The Director is authorized to commence a civil action

for appropriate relief, including a permanent or temporary

injunction, for any violation for which the Director is authorized

to issue a compliance order under subsection D of this section.

2. Any person who violates any provision of the Oklahoma

Agriculture Pollutant Discharge Elimination System Act, any permit

condition or limitation implementing any of such provisions in a

permit issued under the Oklahoma Agriculture Pollutant Discharge

Elimination System Act, and any person who violates any order issued

by the Director under subsection D of this section, shall be subject

to a civil penalty not to exceed Ten Thousand Dollars ($10,000.00)

per day for each violation.

3. In determining the amount of the civil penalty, the court

shall consider the seriousness of the violation or violations, the

economic benefit, if any, resulting from the violation, any history

of violations, any good faith efforts to comply with the applicable

requirements, the economic impact of the penalty on the violator,

and any other matters as justice may require. For purposes of this

subsection, a single operational upset which leads to simultaneous

violations of more than one pollutant parameter shall be treated as

a single violation.

4. Any action pursuant to this subsection may be brought in the

district court for the district in which the property or defendant

is located or defendant resides or is doing business, and the court

shall have jurisdiction to restrain any violation and to require

compliance.

5. The prior revocation of a permit shall not be a condition

precedent to the filing of a civil action under the Oklahoma

Agriculture Pollutant Discharge Elimination System Act.

H. 1. Any person who violates any provision of this act, any

order of the Director, or any condition or limitation in a permit

issued pursuant to this act may be punishable by a fine of not less

than Five Hundred Dollars ($500.00) nor more than Ten Thousand

Dollars ($10,000.00) per day for each violation, or by imprisonment

for not more than six (6) months for each violation, or both.

2. Any person who knowingly makes any false material statement,

representation, or certification in, omits material data from, or

tampers with any application, notice, record, report, plan, or other

document filed or required to be maintained under the Oklahoma

Oklahoma Statutes - Title 2. Agriculture Page 80

Agriculture Pollutant Discharge Elimination System Act or who

knowingly falsifies, tampers with, or renders inaccurate any

monitoring device or method required to be maintained under the

Oklahoma Agriculture Pollutant Discharge Elimination System Act,

shall be punishable, upon conviction, by a fine of not more than Ten

Thousand Dollars ($10,000.00) per day for each violation, or by

imprisonment for not more than two (2) years, or by both. If a

conviction of a person is for a violation committed after a first

conviction of that person under this paragraph, punishment shall be

by a fine of not more than Twenty Thousand Dollars ($20,000.00) per

day for each violation, or by imprisonment for not more than four

(4) years, or by both. In addition, the Director shall deny

issuance of the permit or require submission of a new application.

3. For purposes of this subsection, a single operational upset

which leads to simultaneous violations of more than one pollutant

parameter shall be treated as a single violation.

I. 1. Whenever, on the basis of information available, the

Department finds that an owner or operator of any source is

introducing a pollutant into a treatment works in violation of the

Oklahoma Agriculture Pollutant Discharge Elimination System Act or

any requirement, rule, permit, or order issued under this act, the

Department shall notify the owner or operator of the treatment works

of the violation.

2. If the operator of the treatment works does not commence

appropriate enforcement action within thirty (30) days of the date

of the notification, the Department may commence a civil action for

appropriate relief, including but not limited to a permanent or

temporary injunction, against the owner or operator of the treatment

works.

3. In the civil action, the Department shall join the operator

of the source as a party to the action.

4. The action shall be brought in the district court in the

county in which the treatment works is located.

5. The court shall have jurisdiction to restrain the violation

and to require the operator of the treatment works and the operator

of the source to take any action as may be necessary to come into

compliance with the Oklahoma Agriculture Pollutant Discharge

Elimination System Act.

6. Nothing in this subsection shall be construed to limit or

prohibit any other authority the Department may have under this

section.

J. 1. Any person against whom an administrative compliance or

penalty order is issued under this section may obtain review of the

order by filing a petition for review in district court pursuant to

the Oklahoma Administrative Procedures Act. The court shall not

impose additional civil penalties for the same violation unless the

assessment of the penalty constitutes an abuse of discretion. No

Oklahoma Statutes - Title 2. Agriculture Page 81

stay of an administrative penalty order shall be granted until the

amount of penalty assessed has been deposited with the reviewing

district court pending resolution of the petition for review.

2. If any person fails to pay an assessment of an

administrative penalty:

a. after the order making the assessment has become final,

or

b. after a court in an action brought under paragraph 1 of

this subsection has entered a final judgment in favor

of the Department, as the case may be,

a civil action may be brought in an appropriate district court to

recover the amount assessed plus interest at currently prevailing

rates from the date of the final order or the date of the final

judgment, as the case may be. In such an action, the validity,

amount, and appropriateness of the penalty shall not be subject to

review.

3. Any person who fails to pay on a timely basis the amount of

an assessment of an administrative or civil penalty shall be

required to pay, in addition to the amount and interest, attorney

fees and costs for the collection proceeding and a quarterly

nonpayment penalty for each quarter during which the failure to pay

persists. The nonpayment penalty shall be in an amount equal to

twenty percent (20%) of the aggregate amount of the penalties of the

person and nonpayment penalties which are unpaid as of the beginning

of the quarter.

K. 1. The Attorney General or the district attorney of the

appropriate district court of Oklahoma may bring an action in a

court of competent jurisdiction for the prosecution of a violation

by any person of a provision of this act, any rule, any order of the

Director, or any condition or limitation in a permit issued pursuant

to this act.

2. Any action for injunctive relief to redress or restrain a

violation of any person of a provision of this act, any rule, any

order of the Director, or any condition or limitation in a permit

issued pursuant to this act or recovery of any administrative or

civil penalty assessed may be brought by:

a. the district attorney of the appropriate district

court of the State of Oklahoma,

b. the Attorney General on behalf of the State of

Oklahoma, or

c. the Department on behalf of the State of Oklahoma.

3. It shall be the duty of the Attorney General and district

attorney if requested by the Director to bring such action.
Okla. Stat. tit. 2, § 2-9-46 — OK Code / Title 2 / Section 2-9-46
Reports - Penalties
Status: in_force

A. The warehouseman shall render and have on file a report with

the State Board of Agriculture by the last day of the month

following any calendar quarter in which the warehouseman has

Oklahoma Statutes - Title 2. Agriculture Page 445

accepted ten thousand (10,000) or more bushels of a commodity. If

less than ten thousand (10,000) bushels have been accepted in any

calendar quarter, the assessment may be reported and remitted with

the following quarter's return, except that all assessments

collected shall be remitted at least once every six (6) months.

B. If any person subject to the assessment fails to make a

report and remittance as required by law or rule, the Board shall

determine the amount of the assessment according to its best

judgment and information. The amount of assessment established by

the Board shall be prima facie correct and the person failing to

make the report shall have ten (10) calendar days after receipt of

notice mailed by the Board to pay the assessment, together with a

penalty of five percent (5%) on the amount of the assessment. The

person failing to report may dispute the assessment established by

the Board and request a hearing to determine the amount of the

assessment and penalty to be imposed. All assessment and penalty

payments required following a hearing shall be made within ten (10)

calendar days after receipt of notice of the Board order.
Okla. Stat. tit. 2, § 2-16-26 — OK Code / Title 2 / Section 2-16-26
Emergency drought conditions - Extreme fire danger -
Status: in_force

Burning prohibitions – Penalties - Fireworks.

A. 1. It is unlawful for any person to set fire to any forest,

grass, range, crop, or other wildlands, or to build a campfire or

bonfire, or to burn trash or other material that may cause a forest,

grass, range, crop or other wildlands fire in any county, counties

or area within a county where, because of emergency drought

conditions, there is gubernatorially proclaimed extraordinary danger

from fire, unless the setting of any backfire during the drought

emergency is necessary to afford protection as determined by a

representative of the Division of Forestry, or unless it can be

established that the setting of the backfire was necessary for the

purpose of saving life or property. The burden of proving the

necessity shall rest on the person claiming a defense.

2. The Division of Forestry shall advise the Governor when the

lands described in paragraph 1 of this subsection in any county,

counties or area within a county of this state because of emergency

drought conditions are in extraordinary danger from fire. The

Governor may by proclamation declare a drought emergency to exist

and describe the general boundaries of the area affected.

3. Any proclamation promulgated by the Governor under authority

of this subsection shall be effective immediately upon the

Governor's signed approval of the emergency proclamation and shall

supersede any resolution passed by a board of county commissioners

pursuant to subsection B of this section. Notice of the

proclamation shall occur through posting on the Oklahoma Department

of Agriculture, Food, and Forestry's website and informing local

news media. Evidence of publication or posting as herein provided

shall be maintained by the Forestry Division.

4. When conditions warrant, due notice of the termination of

the emergency shall be promptly made by proclamation, which shall be

published or posted in like manner as when officially declared.

5. Any person who violates this subsection is guilty of a

misdemeanor punishable by a fine of not more than One Thousand

Dollars ($1,000.00), by imprisonment for not more than one (1) year,

or both.

B. 1. It is unlawful for any person to set fire to any forest,

grass, range, crop or other wildlands, or to build a campfire or

bonfire, or to burn trash or other material that may cause a forest,

Oklahoma Statutes - Title 2. Agriculture Page 588

grass, range, crop or other wildlands fire in any county of this

state in which the board of county commissioners of the county has

passed a resolution declaring a period of extreme fire danger. As

used in this subsection, "extreme fire danger" means:

a. all three of the following conditions are present:

(1) severe, extreme, or exceptional drought

conditions exist as determined by the National

Oceanic and Atmospheric Administration (NOAA)

pursuant to its criteria,

(2) no more than one-half (1/2) inch of precipitation

is forecast for the next three (3) days, and

(3) either of the following:

(a) fire occurrence is significantly greater

than normal for the season and/or initial

attack on a significant number of wildland

fires has been unsuccessful due to extreme

fire behavior, or

(b) where data is available, more than twenty

percent (20%) of the wildfires in the county

have been caused by escaped debris or

controlled burning, or

b. temperatures for any day over the next three (3) days

are forecasted at or over one hundred (100) degrees

Fahrenheit.

2. A majority of the board of county commissioners may call an

emergency meeting at any time to pass or revoke a resolution

declaring a period of extreme fire danger in accordance with this

section.

3. A board of county commissioners shall have the documented

concurrence of a majority of the chiefs, or their designees, of the

municipal and certified rural fire departments located in the county

that a period of extreme fire danger exists prior to passage of a

resolution declaring a period of extreme fire danger in the county.

The resolution shall be effective for a period not to exceed

fourteen (14) days from the date of passage by the board of county

commissioners, unless the burn ban is removed earlier by the same

method by which it was approved. If extreme fire danger conditions

persist, subsequent resolutions may be passed by the board of county

commissioners in the same manner as provided in this paragraph. The

board of county commissioners, in the resolution, may grant

exceptions to the fire prohibition based on appropriate

precautionary measures.

4. Agricultural producers burning cropland, rangeland, forests

or pastures as a preferred method of managing their property shall

be exempt from any resolution passed by a board of county

commissioners that declares a period of extreme fire danger so long

Oklahoma Statutes - Title 2. Agriculture Page 589

as the agricultural producers have complied with the following

procedures:

a. submit a written prescribed burn plan to the local

fire department and, if within a protection area, the

local office or local representative of the Forestry

Division of the Oklahoma Department of Agriculture,

Food, and Forestry nearest the land to be burned that

shall include the following information:

(1) the name and telephone number of the agricultural

producer conducting the burn,

(2) the address and legal description of the area to

be burned,

(3) the objective and purpose of the burn,

(4) a list of fire departments and sheriff's offices

that are required to be notified pursuant to

subparagraph c of this paragraph,

(5) a list of adjoining landowners required to be

notified pursuant to Section 16-28.2 of this

title,

(6) a description of any firebreaks used to define

the boundary of the prescribed burn,

(7) a statement of prescribed weather conditions,

(8) a description of any smoke-management

considerations, and

(9) an ignition plan for the burn,

b. keep a copy of the written prescribed burn plan

provided for in subparagraph a of this paragraph on

site when conducting the prescribed burn,

c. notify the county sheriff and the dispatch center of

the local fire department prior to conducting the

prescribed burn, and

d. comply with the notification procedures outlined in

Section 16-28.2 of this title.

5. The prescribed burn plan provided for in paragraph 4 of this

subsection shall be deemed approved seventy-two (72) hours after

submission to the local fire department; provided, that the local

fire department may amend the submitted burn plan within seventy-two

(72) hours after submission.

6. The prescribed burn plan provided for in paragraph 4 of this

subsection shall not include campfires, household trash, debris or

pile burning.

7. Nothing in paragraph 4 of this subsection shall supersede

requirements set by a proclamation promulgated by the Governor under

authority of this section, interfere with the authority of the

Oklahoma Department of Agriculture, Food, and Forestry to enforce

burning laws or change the burner's liability as prescribed by law.

Oklahoma Statutes - Title 2. Agriculture Page 590

8. Any resolution passed by a board of county commissioners

under authority of this subsection shall be effective immediately

upon passage of the resolution. Notice of the resolution shall be

submitted to the Forestry Division of the Oklahoma Department of

Agriculture, Food, and Forestry, all local news media, local law

enforcement officials, and the state headquarters of the Department

of Public Safety, the Oklahoma Tourism and Recreation Department and

the Department of Wildlife Conservation on the day of passage of the

resolution. Evidence of publication or posting as provided in this

paragraph shall be maintained by the county.

9. The provisions of this subsection may be enforced by any law

enforcement officer of this state.

10. Any person convicted of violating the provisions of this

subsection shall be guilty of a misdemeanor and shall be subject to

a fine of not more than Five Hundred Dollars ($500.00), to

imprisonment for not more than one (1) year, or to both such fine

and imprisonment.

11. The selling of fireworks shall not be considered an act in

violation of this subsection.

12. All fire departments and appropriate county officials shall

be allowed to place "Burn Ban" signs on agreed-upon signposts

controlled by the Oklahoma Department of Transportation and Oklahoma

Turnpike Authority (OTA). Fire departments and appropriate county

officials shall work with the Oklahoma Department of Transportation

to agree upon locations for signage. The Oklahoma Department of

Transportation shall develop standards that fire departments and

appropriate county officials shall adhere to in placing signage. It

shall be the responsibility of the entity placing the sign to post

and remove signage in a timely manner. Signage shall not obstruct

the view of traffic. Signage costs shall be the responsibility of

the fire department or county wishing to install.
Okla. Stat. tit. 2, § 2-1301-214 — OK Code / Title 2 / Section 2-1301-214
Renumbered as Section 16-34 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-20-22 — OK Code / Title 2 / Section 2-20-22
Prohibition of new or expanded feeding operations within
Status: in_force

certain distance upstream of Pensacola Project boundary.

The Oklahoma Department of Agriculture, Food, and Forestry shall

not accept or approve any pending applications requesting permits

for construction or expansion of any concentrated swine feeding

operation to be located within one (1) mile upstream of the

Oklahoma Statutes - Title 2. Agriculture Page 709

Pensacola Project boundary as described in the records of the Grand

River Dam Authority and the Federal Emergency Management Agency.

Any operation authorized or permitted prior to April 17, 2002, shall

not be affected by the provisions of this section.
Okla. Stat. tit. 2, § 2-5-82 — OK Code / Title 2 / Section 2-5-82
Definitions
Status: in_force

As used in the Oklahoma Agricultural Linked Deposit Program:

1. "Agricultural domestic corporation" means any domestic

corporation formed or licensed pursuant to the Oklahoma General

Corporation Act or a limited domestic liability company formed or

licensed pursuant to the Oklahoma Limited Liability Company Act and

meeting the requirements of paragraph 5 of subsection A of Section

955 of Title 18 of the Oklahoma Statutes and meeting the

requirements of subsection A of Section 951 of Title 18 of the

Oklahoma Statutes;

2. "Agricultural linked deposit" means a certificate of deposit

placed by the State Treasurer with an eligible lending institution

or an investment in bonds, notes, debentures, or other obligations

or securities issued by the federal farm credit bank with regard to

an eligible lending institution for the purpose of carrying out the

intent of this program;

3. "Agricultural Linked Deposit Loan Package" means the forms

provided by the State Treasurer for the purpose of applying for an

agricultural linked deposit;

4. "Alternative agricultural products" means those products

included in a report submitted by the Cooperative Extension Service

of Oklahoma State University to the Oklahoma Department of

Agriculture, Food, and Forestry, and any other products which the

State Board of Agriculture determines will diversify Oklahoma's

agricultural industry so as to broaden Oklahoma's economic base, but

alternative agricultural products shall not mean medical marijuana

growing operations;

5. "An at-risk farm or ranch business" shall be one that seeks

a production loan and meets the following criteria:

a. at least sixty percent (60%) of gross income derived

from farming and/or ranching, and

b. a debt-to-asset ratio over forty percent (40%);

6. "Eligible agricultural business" means:

a. any person engaged in producing, processing, or

marketing alternative agricultural products,

b. any person who is establishing a veterinary practice

in which at least thirty percent (30%) of the practice

consists of services for large animals and the total

loan amount shall not exceed Two Hundred Fifty

Thousand Dollars ($250,000.00),

c. an at-risk farm or ranch business operating within the

State of Oklahoma, or

d. a healthy corner store as certified by the Oklahoma

Department of Agriculture, Food, and Forestry;

Oklahoma Statutes - Title 2. Agriculture Page 217

7. "Eligible lending institution" means a financial institution

that agrees to participate in the Oklahoma Agricultural Linked

Deposit Program, and:

a. is eligible to be a depository of state funds, or

b. is an institution of the farm credit system organized

under the federal "Farm Credit Act of 1971", 12 U.S.C.

2001, as amended; and

8. "Healthy corner store" means a grocery store certified by

the Oklahoma Department of Agriculture, Food, and Forestry pursuant

to rules adopted by the State Board of Agriculture that markets

locally grown fresh fruits and vegetables and nutritious foods and

for which the sale of beer and tobacco products constitutes less

than ten percent (10%) of its gross sales excluding gasoline and

other nongrocery products, such other requirements as may be

established in rules adopted by the State Board of Agriculture, and

that is located in a geographical area that is underserved by

grocery outlets meeting those requirements.
Okla. Stat. tit. 2, § 2-4006 — OK Code / Title 2 / Section 2-4006
Powers and duties of Authority
Status: in_force

A. On and after July 1, 2023, the Authority shall have the

power and duty to:

1. Adopt bylaws and promulgate rules for the regulation of its

affairs and the conduct of its business;

2. Adopt an official seal;

3. Maintain an office at a location to be determined by the

Authority;

4. Sue and be sued, subject to the provisions of the

Governmental Tort Claims Act;

5. Enter into cooperative agreements with the Board of Regents

for the Oklahoma Agricultural and Mechanical Colleges and/or other

Oklahoma State University agencies, authorities, trusts or entities

for educational programs, professional staffing, research and other

veterinary activities;

6. Make and enter into all contracts necessary or incidental to

the performance of its duties and the execution of its powers

pursuant to the Oklahoma State University Veterinary Medicine

Authority Act;

7. Purchase or lease equipment, furniture, materials and

supplies, and incur such other expenses as may be necessary to

maintain and operate animal hospitals or clinics, or to discharge

its duties and responsibilities or to make any of its powers

effective;

8. Acquire by purchase, lease, gift, or by any other manner,

and to maintain, use and operate or to contract for the maintenance,

use and operation of or lease of any and all property of any kind,

real, personal, or mixed or any interest therein unless otherwise

provided by the Oklahoma State University Veterinary Medicine

Authority Act;

9. Appoint such officers, agents, and employees, including but

not limited to attorneys, as it deems necessary and to prescribe

their duties and to fix their compensation;

10. Accept grants from the United States of America, or from

any corporation or agency created or designed by the United States

of America, and, in connection with any grant, to enter into such

agreements as the United States of America or such corporation or

agency may require;

11. Make and issue bonds and to pledge revenues of the

Authority subject to the Oklahoma Bond Oversight and Reform Act.

Nothing in the Oklahoma State University Veterinary Medicine

Authority Act shall authorize the issuance of any bonds of the

Authority payable other than from revenues of the Authority.

Authority revenue bonds issued under the provisions of this act

shall not at any time be deemed to constitute a debt of the state or

of any political subdivision thereof, or a pledge of the faith and

Oklahoma Statutes - Title 2. Agriculture Page 779

credit of the state or of any political subdivision, but such bonds

shall be payable solely from the funds herein provided. Such

revenue bonds shall contain on the face thereof a statement to the

effect that neither the state nor the Authority shall be obligated

to pay the same or the interest thereon except from the revenues of

the project or projects for which they are issued and that neither

the faith and credit nor the taxing power of the state or any

political subdivision thereof is pledged, or may hereafter be

pledged, to the payment of the principal of or the interest on such

bonds. The maximum amount of outstanding bonds at any time shall

not exceed Fifty Million Dollars ($50,000,000.00) unless a greater

amount is expressly approved by the Legislature by a concurrent

resolution adopted prior to commencing any action in anticipation of

issuance of revenue bonds of the Oklahoma State University

Veterinary Medicine Authority for the greater amount;

12. Provide for complete financial audits on all accounts of

the Oklahoma State University Veterinary Medicine Authority and to

authorize periodic audits by an independent external auditing

agency. Such audits shall be performed annually in a format

approved by the State Auditor and Inspector, and all such audits

shall be submitted to the State Auditor and Inspector for review.

Such audits shall be made in accordance with generally accepted

auditing standards and government auditing standards. Financial

statements shall be prepared in accordance with generally accepted

accounting principles;

13. Engage in long-term planning for the operation and

management of the Authority;

14. Establish petty cash funds and provide for appropriate

accounting procedures and controls;

15. Contract with national manufacturers and distributors of

drugs and medical supplies when appropriate to carry out the

purposes of this act;

16. Do all other things necessary and proper to implement the

provisions of the Oklahoma State University Veterinary Medicine

Authority Act;

17. Provide funding to other entities related to public health,

animal health, teaching, research, and the purposes of the Oklahoma

State Veterinary Medicine Authority Act when provided funding for

such purposes by the Legislature;

18. Waive, by such means as the Authority deems appropriate,

the exemption from federal income taxation of interest on the

Authority's bonds provided by the Internal Revenue Code of 1986, as

amended, or any other federal statute providing a similar

exemption;19. Arrange for guaranties or insurance of its bonds by

the federal government or by any private insurer, and to pay any

premiums therefor; and

Oklahoma Statutes - Title 2. Agriculture Page 780

20. Make a declaration of necessity as provided in Section 3 of

this act. The Authority may, in its exclusive judgment, make a

declaration of necessity when such a declaration is deemed necessary

to effectuate the purposes of the Oklahoma State University

Veterinary Medicine Authority Act.

B. The Oklahoma State University Veterinary Medicine Authority

shall be subject to the Oklahoma State Finance Act.

C. The Authority shall prepare monthly a "budget vs. actual"

report which shows by budget activity the monthly and year-to-date

revenues and expenditures compared to budgeted revenues and

expenditures. Such report shall be submitted to the Office of

Management and Enterprise Services and to the Directors of the House

of Representatives Fiscal Division and the Senate Fiscal Division.

D. The Authority shall be subject to the professional risk

management program provided for in Section 85.58A of Title 74 of the

Oklahoma Statutes.
Okla. Stat. tit. 2, § 2-6-189 — OK Code / Title 2 / Section 2-6-189
Nighttime inspections
Status: in_force

The Board shall cause an examination and inspection of all

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

equines, and the food products thereof, slaughtered and prepared in

the establishments hereinbefore described for the purposes of

intrastate commerce to be made during the nighttime as well as

during the daytime when the slaughtering of said cattle, bison,

sheep, swine, goats, horses, mules, and other equines, or the

preparation of said food products, is conducted during the

nighttime.
Okla. Stat. tit. 2, § 2-17-23 — OK Code / Title 2 / Section 2-17-23
Licensing and taxation
Status: in_force

Each association formed pursuant to the provisions of the

Cooperative Marketing Association Act shall be subject to and comply

with the laws relating to the licensing and tax of other like

corporations or associations.
Okla. Stat. tit. 2, § 2-17-9 — OK Code / Title 2 / Section 2-17-9
Amendment of Articles of Incorporation - Filing
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 624

A. The Articles of Incorporation may be amended at any regular

meeting or any special meeting called for that purpose. An

amendment must first be approved by two-thirds (2/3) of the

directors, and then adopted by a two-thirds (2/3) vote of all

members present at the meeting.

B. Amendments to the Articles of Incorporation when adopted

shall be filed in the same manner as provided for the filing of the

original Articles.
Okla. Stat. tit. 2, § 2-3-32.8 — OK Code / Title 2 / Section 2-3-32.8
Violations
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 96

It shall be unlawful for any person to knowingly or willfully

violate any of the provisions of this subarticle or any rules of the

State Board of Agriculture by:

1. Misrepresenting to another their connection with a nursery,

or to:

a. misrepresent the grade, character, variety, or quality

of any nursery stock,

b. make a false declaration of acreage,

c. conceal any nursery stock from inspection, or

d. offer for sale nursery stock which is seriously or

substantially devitalized;

2. Failing to furnish the Oklahoma Department of Agriculture,

Food, and Forestry with true and exact copies of order forms,

contracts, and agreements with customers;

3. Failing to furnish each purchaser, upon request, a true and

correct invoice of each purchase, stating the variety, quality, age,

or size of the stock to which the invoice applies;

4. Selling, offering for sale, or distributing any nursery

stock infected or infested with a plant pest;

5. Selling, offering for sale, or distributing nursery stock

that is not healthy, sound, and capable of growth;

6. Failing to carry out treatment or destruction of nursery

stock as ordered by the Board;

7. Misrepresenting or falsifying information on a license

application;

8. Doing business without a valid license;

9. Allowing a license to be used by any person other than the

person to whom it was issued;

10. Failing to notify the Board of the legal description of all

growing locations of nursery stock or sod;

11. Failing to allow an authorized agent to complete an

inspection or collect adequate samples;

12. Selling nursery stock restricted by a stop sale order;

13. Selling, moving, or distributing nursery stock or other

material under a quarantine;

14. Mislabeling nursery stock by using the wrong common name or

botanical name;

15. Transporting any regulated article into the state from a

quarantined area of any other state or country when the article has

not been treated or handled as provided by the requirements of the

quarantine;

16. Interfering with, hindering, or impeding, by any method,

any authorized agent of the Board in the performance of duties;

17. Falsifying or using false information to ship nursery stock

out of Oklahoma into any other state in the United States or any

country outside of the United States or making a false statement

Oklahoma Statutes - Title 2. Agriculture Page 97

regarding the condition, quality, grade, character, variety, or

treatment used; or

18. Failing to comply with any order of the Board.
Okla. Stat. tit. 2, § 2-14-65 — OK Code / Title 2 / Section 2-14-65
Service technicians and service agencies - Powers, duties
Status: in_force

and responsibilities.

Licensed service technicians and service agencies shall:

Oklahoma Statutes - Title 2. Agriculture Page 531

1. Submit a placing in service report to the State Board of

Agriculture within five (5) calendar days after service is provided

when required by the Board;

2. Have the authority to remove an official rejection tag after

the device has been repaired, tested, and found to meet

requirements. The rejection tag and the service technician/service

agency test report shall accompany the placing-in-service report

submitted to the Board;

3. Attach a seal approved by the Board identifying the service

agency, signed and dated by the service technician, stating that the

commercial device has been tested in accordance with the provisions

in Handbook 44 and is suitable for use as a commercial device;

4. Have available and use sufficient standards and equipment to

adequately test weights and measures as set forth in the notes

section of each applicable code in Handbook 44, “Specifications,

Tolerances and Other Technical Requirements for Weighing and

Measuring Devices”, and have the handbook in their possession. The

equipment shall meet the specifications corresponding to the series

of NIST Handbook 105, “Specifications and Tolerances for Reference

Standards and Field Standard Weights and Measures”, supplements and

revisions;

5. Submit to the Board, as required by the Board of Control of

the State Bureau of Standards, for examination and certification,

any standards and testing equipment that are used or are to be used

in the performance of the service and testing functions. A licensed

service technician or service agency shall not use any weight or

measure standard or testing equipment that has not been approved by

the Board; and

6. Maintain all records required by the Board.
Okla. Stat. tit. 2, § 2-15-77 — OK Code / Title 2 / Section 2-15-77
Levy by excise board on failure of county commissioners
Status: in_force

to approve and submit estimates.

In case of failure of the county commissioners to approve and

submit estimates to the excise board after having complied with the

provisions of Section 15-72 of this title, the excise board of each

of the member counties shall, upon application of the fair board,

make the levy provided by Section 15-70 of this title, after

publication of the estimates therefor as otherwise provided by law.
Okla. Stat. tit. 2, § 2-16-11 — OK Code / Title 2 / Section 2-16-11
Forestry Cost-Share Fund
Status: in_force

A. There is created within the State Treasury a cost-share fund

for the State Board of Agriculture to be designated the "Forestry

Cost-Share Fund". The fund shall be a continuing fund, not subject

to fiscal year limitations, and shall consist of all monies received

by the Board to implement and maintain the forestry cost-share

program.

B. The Forestry Cost-Share Fund shall consist of:

1. Money received by the Oklahoma Department of Agriculture,

Food, and Forestry in the form of gifts, grants, reimbursements,

donations, forest industry contributions, funds allocated by federal

agencies for landowner forestry cost-share programs, and other

monies specifically designated for the forestry cost-share program.

All monies accruing to the credit of the fund are appropriated and

may be budgeted and expended by the Board for the forestry cost-

share program; and

2. Interest attributable to investment of money in the Forestry

Cost-Share Fund.

Oklahoma Statutes - Title 2. Agriculture Page 584

C. All donations or other proceeds received by the Department

pursuant to the provisions of this section shall be deposited with

the State Treasurer to be credited to the Forestry Cost-Share Fund.

Expenditures from the fund shall be made upon warrants issued by the

State Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.

D. The monies deposited in the Forestry Cost-Share Fund shall

at no time become part of the general budget of the Department or

any other state agency. Except for any administration costs

incurred in development and implementation of the forestry cost-

share program, no monies from the Fund shall be transferred for any

purpose to any other state agency or any account of the Board or

Department or be used for the purpose of contracting with any other

state agency or reimbursing any other state agency for any expense.
Okla. Stat. tit. 2, § 2-131.14 — OK Code / Title 2 / Section 2-131.14
Renumbered as § 15-124 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 751
Okla. Stat. tit. 2, § 2-17-21 — OK Code / Title 2 / Section 2-17-21
Exception to laws prohibiting conspiracies, combinations in restraint of trade or
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 26in restraint of trade or monopolies - Crop, marketing and

statistical information - Production and consumption advice.

A. Any association organized pursuant to the Cooperative

Marketing Association Act and complying with the terms thereof shall

be deemed not to:

1. Be a conspiracy nor a combination in restraint of trade nor

an illegal monopoly;

2. Be an attempt to lessen competition or to fix prices

arbitrarily; or

3. Create a combination or pool in violation of any law of this

state.

B. The contracts and agreements between the association and its

members and any agreements authorized in the Cooperative Marketing

Association Act shall be considered not to be:

1. Illegal;

2. In restraint of trade;

3. A part of a conspiracy or combination to accomplish an

improper or illegal purpose; or

4. Contrary to the provisions of any statute enacted against

pooling or combinations.

C. An association organized pursuant to the Cooperative

Marketing Association Act may acquire, exchange, interpret, and

disseminate to its members and others, past, present, and

prospective, crop, market, statistical, economic, and other similar

information either directly or through an agent created or selected

by it or by other associations acting in conjunction with it.

D. An association organized pursuant to the Cooperative

Marketing Association Act may advise its members in respect to the

adjustment of their current and prospective production consumption,

selling prices and existing or potential surpluses to the end that

Oklahoma Statutes - Title 2. Agriculture Page 632

every market may be served from the most convenient productive areas

under a program of orderly marketing that will assure supplies

without undue enhancement of prices or the accumulation of undue

surpluses.
Okla. Stat. tit. 2, § 2-1301-203 — OK Code / Title 2 / Section 2-1301-203
Renumbered as Section 16-23 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-14-40 — OK Code / Title 2 / Section 2-14-40
Labeling
Status: in_force

A. Except as provided in this article or by rules promulgated

pursuant thereto, any package kept for the purpose of sale, offering

for sale, or exposing for sale shall bear on the outside of the

package a definite, plain, and conspicuous declaration of:

1. The identity of the commodity in the package, unless the

commodity can easily be identified through the wrapper or container;

2. The quantity of contents in terms of weight, measure, or

count; and

3. The name and place of business of the manufacturer, packer,

or distributor if the package is kept, offered or exposed for sale,

or sold in any place other than the premises where packed.

B. In addition, any package being one of a lot containing

random weights of the same commodity and bearing the total selling

price of the package shall bear on the outside of the package a

plain and conspicuous declaration of the price per single unit of

weight.
Okla. Stat. tit. 2, § 2-1901 — OK Code / Title 2 / Section 2-1901
Renumbered as § 11-20 of this title by Laws 2001, c. 146,
Status: in_force

§ 260, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-147 — OK Code / Title 2 / Section 2-15-147
Audits - Expenses
Status: in_force

A. The account and books of the Trust Authority, including its

receipts, disbursements, contracts, mortgages, investments and other

matters relating to its finances, operations and affairs shall be

examined and audited not less than once each twelve (12) months by a

certified public accountant or licensed public accountant.

B. The trustees of the Trust Authority may employ a certified

public accountant or licensed public accountant for the audit and

examination and pay a reasonable fee therefor from trust funds.

C. The records, books and accounts may be examined from time to

time at the discretion of and by the State Auditor and Inspector as

provided by law. When an audit is made as provided in this

subsection, by the State Auditor and Inspector, all expenses of the

audit must be reimbursed by the Trust Authority to the State Auditor

and Inspector.
Okla. Stat. tit. 2, § 2-16-62 — OK Code / Title 2 / Section 2-16-62
Failure to notify adjoining property owners of harvesting
Status: in_force

operations - Criminal penalties.

A. Except as provided by this section, a timber owner who fails

to ensure that the requirements of subsection A of Section 16-61 of

this title have been fulfilled and who negligently authorizes or

directs a logging or timber harvesting operation upon the lands of

another, and cuts down, injures, removes, or destroys any timber

without the permission of the owner is guilty, upon conviction, of a

misdemeanor, punishable by the imposition of a fine of not more than

Oklahoma Statutes - Title 2. Agriculture Page 609

One Thousand Dollars ($1,000.00), by imprisonment in the county jail

for not more than thirty (30) days, or by both.

B. Except as provided by this section any person who

negligently enters upon the lands of another and cuts down, injures,

removes, or destroys any timber without the permission of the owner

is guilty, upon conviction, of a misdemeanor, punishable by the

imposition of a fine of not more than One Thousand Dollars

($1,000.00), by imprisonment in the county jail for not more than

thirty (30) days, or by both.
Okla. Stat. tit. 2, § 2-9-44 — OK Code / Title 2 / Section 2-9-44
Assessment upon commodities - Examination of records
Status: in_force

There is hereby assessed two (2) mills per bushel on all

commodities delivered by producers to any public warehouse. The

assessment shall be imposed on the warehouse at the time the

commodity is received and shall be collected and remitted to the

State Department of Agriculture by the warehouseman. Under the

provisions of the Public Warehouse and Commodity Indemnity Act, no

commodity shall be subject to a fee more than once. The State Board

of Agriculture shall have authority to examine warehouse records to

determine if the assessment has been properly remitted.

Oklahoma Statutes - Title 2. Agriculture Page 443
Okla. Stat. tit. 2, § 2-1850.5 — OK Code / Title 2 / Section 2-1850.5
Renumbered as § 18-244 of this title by Laws 2001, c
Status: in_force

146, § 266, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-4023 — OK Code / Title 2 / Section 2-4023
Oklahoma Pandemic Center for Innovation and Excellence —
Status: in_force

Limitation on use of funds.

Of the funds appropriated to the Oklahoma State University

Veterinary Medicine Authority in Section 108 of Enrolled Senate Bill

No. 1125 of the 2nd Session of the 59th Oklahoma Legislature, none

shall be used for equipment, personnel, or operations of the

Oklahoma Pandemic Center for Innovation and Excellence.
Okla. Stat. tit. 2, § 2-16-55 — OK Code / Title 2 / Section 2-16-55
Urban forestry duties - Shade and environmental
Status: in_force

improvement.

The State Board of Agriculture is empowered to cooperate with

the United States Secretary of Agriculture and with communities,

Oklahoma Statutes - Title 2. Agriculture Page 605

towns, cities, and individuals in the planning, care, and management

of trees and forests for shade, ornamental, and recreational

purposes, and to improve air quality, reduce noise, and conserve

soil, water, and ecological balance. Forest management to meet

human needs for forest products is also authorized.
Okla. Stat. tit. 2, § 2-20-2 — OK Code / Title 2 / Section 2-20-2
Short title and purpose
Status: in_force

A. Sections 20-1 through 20-29 of this title shall be known and

may be cited as the "Oklahoma Swine Feeding Operations Act".

B. The purpose of the Oklahoma Swine Feeding Operations Act is

to provide for environmentally responsible construction and

expansion of swine feeding operations and to protect the safety,

welfare and quality of life of persons who live in the vicinity of a

swine feeding operation.
Okla. Stat. tit. 2, § 2-2A-5 — OK Code / Title 2 / Section 2-2A-5
Director of the Agricultural Pollutant Discharge
Status: in_force

Elimination System.

A. The Commissioner of Agriculture shall appoint the Director

of the Agriculture Pollutant Discharge Elimination System. The

Director shall serve at the pleasure of the Commissioner.

B. The Director shall have experience in agriculture, forestry,

conservation, environmental sciences, or other areas as may be

required by the Commissioner.

C. The Director shall not be an owner, stockholder, employee or

officer of, nor have any other business relationship with or receive

compensation from, any corporation, partnership, or other business

or entity which is subject to regulation by the Department and, with

regard to the exercise of powers and duties associated with the

Oklahoma Agriculture Pollutant Discharge Elimination System Act,

shall meet all requirements of Section 304 of the federal Clean

Water Act and applicable federal regulations promulgated thereunder

by the United States Environmental Protection Agency regarding

conflict of interest.

D. 1. The Director shall have the power and duty to:

a. issue, deny, modify, amend, renew, refuse to renew,

suspend, place on probation, reinstate or revoke

licenses or permits pursuant to the provisions of the

Oklahoma Agricultural Code, and rules promulgated by

the State Board of Agriculture, and

b. issue final orders and assess administrative penalties

according to the Administrative Procedures Act, the

Oklahoma Agricultural Code, and rules promulgated by

the Board.

2. The powers and duties specified in paragraph 1 of this

subsection shall be exercised exclusively by the Director on behalf

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

may not be delegated to other employees of the Department except as

specifically provided in the Oklahoma Agriculture Pollutant

Discharge Elimination System Act.

3. In the event of the temporary absence of the Director, the

Director may delegate the exercise of these powers and duties to an

Oklahoma Statutes - Title 2. Agriculture Page 73

acting director during the absence of the Director subject to an

organizational structure approved by the Commissioner. In the event

of a vacancy in the position of Director, the Commissioner may

designate an interim or acting Director who is authorized to

exercise the powers and duties until a permanent Director is

employed.

4. Any designee exercising the powers and duties of the

Director as authorized or on a temporary, acting, or interim basis

shall meet the requirements of subsection C of this section for the

Director.

5. All references in the Oklahoma Agricultural Code to the

Department with respect to the exercise of the powers and duties

specified in paragraph 1 of this subsection shall mean the exercise

of such powers and duties by the Director or authorized designee.
Okla. Stat. tit. 2, § 2-20-44 — OK Code / Title 2 / Section 2-20-44
Mandatory and voluntary licensure - Designation of
Status: in_force

operations.

A. 1. Any animal feeding operation meeting the criteria

defining a concentrated animal feeding operation shall be required

to obtain a license to operate pursuant to the Oklahoma Concentrated

Animal Feeding Operations Act and rules promulgated pursuant

thereto.

2. No animal feeding operation which voluntarily obtains a

license pursuant to the Oklahoma Concentrated Animal Feeding

Operations Act shall be considered to be a concentrated animal

feeding operation unless the operation meets the definition of

concentrated animal feeding operation.

3. Any animal feeding operation other than a concentrated

animal feeding operation, regardless of the number of animals, shall

Oklahoma Statutes - Title 2. Agriculture Page 718

only be required to be licensed pursuant to the provisions of the

Oklahoma Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto if the State Board of Agriculture

determines the operation to be a significant contributor of

pollution to waters of the state pursuant to subsection C of this

section.

B. Two or more animal feeding operations under common ownership

are considered, for the purposes of licensure, to be a single animal

feeding operation if they adjoin each other or if they use a common

area or system for the disposal of wastes.

C. 1. The State Board of Agriculture may make a case-by-case

designation of concentrated animal feeding operations pursuant to

this section. Any animal feeding operation may be designated as a

concentrated animal feeding operation if it is determined to be a

significant contributor of pollution to the waters of the state. In

making this designation, the Board shall consider the following

factors:

a. the size of the animal feeding operation and the

amount of wastes reaching waters of the state,

b. the location of the animal feeding operation relative

to waters of the state,

c. the means of conveyance of animal waste and wastewater

into waters of the state,

d. the method of disposal for animal waste and process

wastewater disposal,

e. the slope, vegetation, rainfall and other factors

affecting the likelihood or frequency of discharge of

animal wastes and process wastewaters into waters of

the state, and

f. other such factors relative to the significance of the

pollution problem sought to be regulated.

2. In no case shall an application for a license be required

from an animal feeding operation pursuant to this subsection until

there has been an on-site inspection of the operation and a

determination by the Oklahoma Department of Agriculture, Food, and

Forestry that the operation is a concentrated animal feeding

operation. Should the Department determine that the operation is a

concentrated animal feeding operation, the Department shall notify

the operation of the determination and of an opportunity for the

owner or operator of the facility to request an administrative

hearing on the issue.

3. Process wastewater in the overflow may be discharged to

navigable waters whenever rainfall events, either chronic or

catastrophic, cause an overflow of process wastewater from a

retention structure properly designed, constructed and operated to

contain all process wastewaters plus the runoff from a twenty-five-

year, twenty-four-hour rainfall event for the location of the point

Oklahoma Statutes - Title 2. Agriculture Page 719

source. There shall be no effluent limitations on discharges from a

waste facility constructed, and properly maintained to contain the

twenty-five-year, twenty-four-hour storm event; provided the proper

design, construction, and operation of the retention structure shall

include, but not be limited to, one (1) foot of free board.

D. No new concentrated animal feeding operation or expansion of

a concentrated animal feeding operation requiring a license pursuant

to the Oklahoma Concentrated Animal Feeding Operations Act shall be

constructed or placed in operation unless final design plans,

specifications and a Pollution Prevention Plan developed pursuant to

Section 35 of this act have been approved by the Department.
Okla. Stat. tit. 2, § 2-10-9.16 — OK Code / Title 2 / Section 2-10-9.16
Short title - Oklahoma Poultry Waste Applicators
Status: in_force

Certification Act.

Sections 10-9.16 through 10-9.21 of this title shall be known

and may cited as the "Oklahoma Poultry Waste Applicators

Certification Act".
Okla. Stat. tit. 2, § 2-6-315 — OK Code / Title 2 / Section 2-6-315
Decals
Status: in_force

A. 1. Each vehicle used to transport private commercially

produced catfish, minnows, fingerlings, fish, frogs or other aquatic

species shall be marked conspicuously by decals bearing the

inscription "Aquatic Culture".

2. The decals shall be located on each side of the hauling

unit.

B. The decals shall be furnished by the Oklahoma Department of

Agriculture, Food, and Forestry at a reasonable cost per decal

payable by the owner of the vehicle hauling the aquatic species.
Okla. Stat. tit. 2, § 2-361c — OK Code / Title 2 / Section 2-361c
Renumbered as § 17-4 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-8-36.2 — OK Code / Title 2 / Section 2-8-36.2
Chemically treated seed to be sold separately - Marking
Status: in_force

It shall be unlawful to distribute, sell, or offer for sale, for

other than seeding purposes, within the State of Oklahoma, any

barley, corn, cotton, oats, peanuts, rye, sorghums, soybeans, wheat,

or other seed, cereals, or grain that has been treated with a

fungicide, unless it is sold separately from untreated seed or

grain, and a certificate, affidavit, or tag accompanies the sale

stating that the grain, seed, or cereal has been chemically treated

and cannot be used for "food, feed, or oil purposes".
Okla. Stat. tit. 2, § 2-4016 — OK Code / Title 2 / Section 2-4016
Oklahoma State University Veterinary Medicine Authority
Status: in_force

Marketing Revolving Fund.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma State University Veterinary Medicine

Authority, to be designated the "Oklahoma State University

Veterinary Medicine Authority Marketing 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 State

University Veterinary Medicine Authority pursuant to the provisions

of this section. All monies accruing to the credit of said fund are

hereby appropriated and may be budgeted and expended by the Oklahoma

State University Veterinary Medicine Authority for the purpose of

marketing research and planning, public education, special events

customary to the veterinary care industry, advertising and promotion

of special and general services provided or sponsored by the

Oklahoma State University Veterinary Medicine Authority and such

other purposes specifically authorized by the Legislature.

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.

B. An amount equal to one-tenth of one percent (1/10 of 1%) of

the total annual operating budget of the Oklahoma State University

Veterinary Medicine Authority and such other funds as may be

specifically designated for deposit to the fund shall be deposited

in the Oklahoma State University Veterinary Medicine Authority

Marketing Revolving Fund.

C. The Oklahoma State University Veterinary Medicine Authority

Marketing Revolving Fund shall be audited annually by the State

Oklahoma Statutes - Title 2. Agriculture Page 786

Auditor and Inspector. The Oklahoma State University Veterinary

Medicine Authority shall reimburse the State Auditor and Inspector

from the Oklahoma State University Authority Marketing Revolving

Fund for any expenses incurred in auditing said fund.
Okla. Stat. tit. 2, § 2-20-12 — OK Code / Title 2 / Section 2-20-12
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

Swine Feeding Operations Act shall constitute a discharge to waters

of the state.

B. Except as otherwise provided by Section 20-20 of the

Oklahoma Swine Feeding Operations Act, to prevent hydrologic

connections between a retention structure and waters of the state,

all swine feeding operations in this state primarily using a liquid

swine waste management system whether or not such waste facilities

are licensed pursuant to the Oklahoma Swine Feeding Operations Act

shall:

1. Utilize a natural or geomembrane liner or other liner

constructed of synthetic materials in any retention structure

containing liquid swine waste; and

2. Provide documentation that there is no hydrologic connection

between the waters of the state and the retention structure. This

documentation shall be certified by an environmental, agricultural,

or other approved professional engineer licensed pursuant to Section

Oklahoma Statutes - Title 2. Agriculture Page 696

475.12 of Title 59 of the Oklahoma Statutes or a United States

Department of Agriculture Natural Resources Conservation Service

engineer and shall include information on the hydraulic conductivity

and thickness of the natural materials underlying and forming the

walls of the containment structure up to the maximum operating

level.

C. Except as provided by Section 20-20 of the Oklahoma Swine

Feeding Operations Act and subsection E of this section, all

retention structures of licensed managed feeding operations shall

maintain a minimum separation of ten (10) feet between the bottom of

the retention structure and the maximum historical groundwater

elevation that is measured from the bottom of the retention

structure and the highest point of the seasonal groundwater table.

Documentation of a ten-foot separation shall be established by

submission of a soil log from a soil boring extending a minimum of

ten (10) feet below the bottom of all retention structures to

ascertain the presence of groundwater or bedrock and a statement

from a professional engineer certifying the existence of the ten-

foot separation distance.

D. The State Board of Agriculture shall establish standards for

retention structures.

E. The Department of Agriculture, Food, and Forestry may allow

a separation of less than ten (10) feet but in no event less than

four (4) feet between the bottom of the retention structure and the

maximum historical groundwater elevation. In determining the

minimum separation to be required, the Department shall consider the

following factors:

1. Soil type at the retention structure;

2. Soil tests per American Standards Testing Methods (ASTM)

standards on all soils to be used as liner material;

3. Retention structure capacity;

4. Retention structure design;

5. Documentation of lack of hydrologic connection between the

waters of the state and the retention structure;

6. Depth of retention structure;

7. Type and characteristics of liner to be used; and

8. Any other relevant information.

F. 1. Licensed managed feeding operations shall install and

maintain in good working order a leak detection system or sufficient

monitoring wells both upgradient and downgradient around the

perimeter of each retention structure prior to using the retention

structure for storage of liquid waste pursuant to rules promulgated

by the State Board of Agriculture.

2. a. Samples of water shall be collected by the Oklahoma

Department of Agriculture, Food, and Forestry and

submitted for testing at least annually. The analysis

of the water samples shall be performed by a qualified

Oklahoma Statutes - Title 2. Agriculture Page 697

environmental laboratory approved by the Oklahoma

Department of Environmental Quality or by the relevant

certification agency for the state in which the

laboratory is located and approved by the Oklahoma

Department of Agriculture, Food, and Forestry; and the

cost shall be the responsibility of the owner of the

licensed managed feeding operation.

b. The frequency of sampling set forth in subparagraph a

of this paragraph may be reduced to once every three

(3) years for those monitoring wells which have been

sampled for at least three (3) consecutive years and

have always been found to be dry. However, if any

subsequent sampling event indicates the monitoring

well is no longer dry, that monitoring well shall be

sampled pursuant to subparagraph a of this paragraph.

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

by this section shall be maintained on site for the life of the

facility.

4. Analysis from the sampling taken prior to the operation of

the facility may be considered the baseline data and shall be

retained on site for the life of the facility. If no sampling or

other baseline data is available prior to the operation of the

facility, the samples taken during the first year may be considered

the baseline data and shall be retained on site for the life of the

facility. Baseline data for the facility shall be determined based

on the best information available.

5. The Oklahoma Water Resources Board shall promulgate rules

providing for plugging of monitoring wells as appropriate.

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

and construction of liners. Liners for retention structures shall

be designed and constructed in accordance with the provisions of

this section and generally accepted engineering practices

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

Environmental Protection Agency. Liners for lagoons owned or

operated by a swine feeding operation with less than one thousand

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

to Technical Note 716 of the United States Department of Agriculture

Natural Resources Conservation Service or its current equivalent so

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

Agriculture Natural Resources Conservation Service.

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

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

inhibit infiltration of wastewaters. Documentation of liner

maintenance shall be maintained at the facility.

2. An environmental, agricultural, or other approved

professional engineer licensed pursuant to Section 475.12 of Title

59 of the Oklahoma Statutes shall conduct a site evaluation every

Oklahoma Statutes - Title 2. Agriculture Page 698

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

swine feeding operation with such a structure and annually on every

licensed managed feeding operation to ensure liner integrity. If

the owner or operator suspects that a retention structure is

leaking, the owner or operator shall report suspected leakage to the

Department.

3. The Department shall establish a compliance schedule for

retrofitting liners of waste retention structures for licensed

managed feeding operations constructed prior to August 1, 1998, that

are located in nutrient-limited watersheds or nutrient-vulnerable

groundwaters as designated by the Oklahoma Water Resources Board and

do not have liners meeting the specifications established in this

section.

I. All substances entering the retention structures shall be

composed entirely of wastewaters from the proper operation and

maintenance of a swine feeding operation and the runoff from the

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

than substances associated with proper operation and maintenance of

the facility into the containment structures, including but not

limited to human waste, is prohibited.

J. All new retention structures of licensed managed feeding

operations shall be designed for odor abatement, groundwater

protection, and nutrient conservation.

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

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

facility is in operation. Samples collected during the first year

of the retention structure may be considered the baseline data and

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

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

information available.
Okla. Stat. tit. 2, § 2-16-33 — OK Code / Title 2 / Section 2-16-33
Penalty for mutilating or destroying state forestry or
Status: in_force

fire controlsigns and posters.

Whoever intentionally breaks down, mutilates, removes, or

destroys any fire control or forestry sign or poster of the Division

of Forestry erected in the administration of its lawful duties and

authorities shall be guilty of a misdemeanor and shall be subject to

imprisonment not exceeding three (3) months, by fine not exceeding

Two Hundred Dollars ($200.00), or by both.
Okla. Stat. tit. 2, § 2-19-1 — OK Code / Title 2 / Section 2-19-1
State-federal cooperative agreement - Grading of fruits,
Status: in_force

nuts, and vegetables.

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

may enter into any cooperative agreement with the United States

Department of Agriculture to certify or establish an inspection

service for the purpose of grading fruits, nuts, and vegetables.

B. The terms and conditions of the cooperative agreement shall

be the governing authority for the inspection service. The

cooperative agreement shall include, but not be limited to, the

establishment or certification of an inspection service and the

grading of fruits, nuts, and vegetables.

C. To implement the terms of any state-federal cooperative

agreement regarding the establishment or certification of an

inspection service, the Department may employ personnel to oversee

and supervise the inspection service.

D. Personnel of the inspection service shall not be employees

of the state for any purpose and shall not be entitled to any state

benefits including, but not limited to accrual of leave, insurance,

longevity, retirement, unemployment, or workers compensation.

E. The legislature shall not appropriate funds for the

operation of an inspection service established or certified to

implement a cooperative agreement pursuant to this section. The

legislature may appropriate funds necessary for the Department to

employ personnel to supervise and oversee an inspection service.

Oklahoma Statutes - Title 2. Agriculture Page 672

F. Inspection service activities conducted under a cooperative

agreement pursuant to this section shall be self-financed. The

inspection service shall charge a fee to any person who receives

inspection services pursuant to the terms of a cooperative

agreement. The fees shall be commensurate to the costs of the

inspection service.
Okla. Stat. tit. 2, § 2-18-182 — OK Code / Title 2 / Section 2-18-182
Definitions
Status: in_force

As used in the Oklahoma Sheep and Wool Producers Act, unless the

context otherwise requires:

1. "Commission" shall mean the Sheep and Wool Utilization,

Research and Market Development Commission;

Oklahoma Statutes - Title 2. Agriculture Page 645

2. "Dealer" shall mean any person who buys or accepts sheep or

wool from a sheep producer for shipment or for delivery to or in

behalf of any person within or without the state. Such person may

or may not be, depending upon the circumstances, a final purchaser;

3. "Final purchaser " shall mean any person who buys or accepts

sheep, either within or without the state, or who buys or accepts

wool for processing, or intends to process such wool, either within

or without the state;

4. "Oklahoma sheep producer" shall mean anyone personally

engaged in producing sheep who markets sheep in Oklahoma either

within or without the state; and

5. "Person" shall mean any individual, partnership,

association, corporation or other business enterprise.
Okla. Stat. tit. 2, § 2-10-10.1 — OK Code / Title 2 / Section 2-10-10.1
Short title
Status: in_force

This act shall be known and may be cited as the “Eucha-Spavinaw

Management Act”.
Okla. Stat. tit. 2, § 2-9-23 — OK Code / Title 2 / Section 2-9-23
Warehouse name - Issuance and validity of charter
Status: in_force

A. Each application for a charter shall include the name used

by the warehouse and the name shall be shown on the charter. No

warehouse shall be operated by or under any name other than that

shown on the charter.

B. No charter shall be issued or remain valid if the applicant

or warehouseman has:

1. Failed to meet or maintain the financial or surety

requirements;

2. Filed an incomplete or fraudulent application or report;

3. Inadequate facilities to properly store and maintain

commodities;

4. Failed to properly store commodities or maintain the quality

and quantity of commodities in storage;

5. Failed to pay required fees; or

6. Been convicted of a felony based on fraud, theft,

embezzlement, misappropriation of funds, or any act of moral

turpitude.

Oklahoma Statutes - Title 2. Agriculture Page 432
Okla. Stat. tit. 2, § 2-8-80.8 — OK Code / Title 2 / Section 2-8-80.8
Analysis and sampling
Status: in_force

A. The State Board of Agriculture is authorized to sample,

inspect, make analyses of and test agricultural liming materials

distributed within this state as necessary to determine whether the

agricultural liming materials are in compliance with the provisions

Oklahoma Statutes - Title 2. Agriculture Page 420

of the Oklahoma Agricultural Liming Materials Act. The Board

through its authorized agent is authorized to enter upon any public

or private premises or carriers during regular business hours in

order to have access to agricultural liming material subject to the

provisions of the Oklahoma Agricultural Liming Materials Act and

rules pertaining thereto, and to the records relating to their

distribution.

B. The methods of analysis and sampling shall be those approved

by the Board as established by the Association of Official

Analytical Chemists.

C. The Board may annually publish the results of official

analysis of agricultural liming materials.
Okla. Stat. tit. 2, § 2-2-11a — OK Code / Title 2 / Section 2-2-11a
Renumbered as § 5-9 of this title by Laws 2000, c. 243, §
Status: in_force

126, emerg. eff. May 24, 2000.

Oklahoma Statutes - Title 2. Agriculture Page 52
Okla. Stat. tit. 2, § 2-16-4 — OK Code / Title 2 / Section 2-16-4
Duties of Board
Status: in_force

It shall be the duty of the State Board of Agriculture under

terms the Board determines shall best serve the public interest to

assist and cooperate with federal and state departments, educational

institutions, counties, towns, corporations, or individuals; to

gather and disseminate information about forests, their care and

management; to prevent and extinguish wildfires; to enforce all laws

pertaining to forests and wildlands; and to monitor the health,

inventory, and condition of the state's forest resources.
Okla. Stat. tit. 2, § 2-2-31 — OK Code / Title 2 / Section 2-2-31
Independent agricultural tourism organization plan –
Status: in_force

Required provisions – Report date.

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

shall develop a plan to create an independent agricultural tourism

organization. This organization shall be established as a tax

exempt organization under Section 501(c)(3) of the Internal Revenue

Code. The plan shall include:

1. All necessary provisions to form a partnership with the

Oklahoma Department of Tourism and Recreation, the Oklahoma

Department of Commerce, and the Oklahoma Department of Agriculture,

Food, and Forestry; and

2. Provisions to create a board with the number of members to

be determined by the Oklahoma Department of Agriculture, Food, and

Forestry and membership to include at least one member from the

Oklahoma Statutes - Title 2. Agriculture Page 66

Oklahoma Department of Tourism and Recreation, one member from the

Oklahoma Department of Commerce, and one member from the Oklahoma

Department of Agriculture, Food, and Forestry.

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

shall make a report of the plan to the Legislature by January 1,

2007.
Okla. Stat. tit. 2, § 2-5-107 — OK Code / Title 2 / Section 2-5-107
Oklahoma Meat Consumer Protection Act – Definitions – Misleading or deceptive
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 9Misleading or deceptive practices.

A. There is hereby created the "Oklahoma Meat Consumer

Protection Act".

B. As used in the Oklahoma Meat Consumer Protection Act:

1. "Livestock" means animals defined by paragraph 9 of Section

1-3 of Title 2 of the Oklahoma Statutes;

2. "Meat" means any edible portion of livestock or part

thereof;

3. "Misrepresent" means the use of any untrue, misleading or

deceptive oral or written statement, advertisement, label, display,

picture, illustration or sample; and

4. "Represent" means the use of any form of oral or written

statement, advertisement, label, display, picture, illustration or

sample.

C. Pursuant to the Oklahoma Meat Consumer Protection Act, no

person advertising, offering for sale or selling meat shall engage

in any misleading or deceptive practices, including, but not limited

to, the following:

1. Misrepresenting the cut, grade, brand, trade name or weight

or measure of any meat, or misrepresenting a product as meat that is

not derived from harvested production livestock; provided, product

packaging for plant-based items shall not be considered in violation

of the provisions of this paragraph so long as the packaging

Oklahoma Statutes - Title 2. Agriculture Page 229

displays that the product is derived from plant-based sources in

type that is uniform in size and prominence to the name of the

product;

2. Using a USDA-quality grade on a product not graded by the

United States Department of Agriculture (USDA) or Oklahoma

Department of Agriculture, Food, and Forestry (ODAFF); or

3. Failing to fully and conspicuously disclose the correct

government grade for any product if the product is represented as

having been graded by the USDA or ODAFF.
Okla. Stat. tit. 2, § 2-7-401 — OK Code / Title 2 / Section 2-7-401
Short title
Status: in_force

Sections 4 through 23 of this act shall be known and may be

cited as the "Oklahoma Milk and Milk Products Act".
Okla. Stat. tit. 2, § 2-8-77.5 — OK Code / Title 2 / Section 2-8-77.5
Registration - Licensing - Fees - Penalties
Status: in_force

A. The annual license fee for persons operating a business

engaged in the distribution or sale of fertilizer shall be Fifty

Dollars ($50.00) and expire on a date to be determined by the State

Board of Agriculture.

B. All fertilizer dealers shall obtain a license from the Board

for each business location.

C. An application for license shall include:

1. The name and address of licensee; and

2. The name and address of each business location in the state.

The licensee shall inform the Board in writing of additional

business locations established during the period of the license.

D. No person, whose name appears on the label, shall distribute

in this state fertilizer until it is registered with the Board by

such person. An application for each brand and product name of each

grade of fertilizer shall be made on a form furnished by the Board.

Upon the approval of an application by the Board, a copy of the

Oklahoma Statutes - Title 2. Agriculture Page 410

registration shall be furnished to the applicant. A distributor

shall not be required to register any fertilizer which is already

registered under the Oklahoma Fertilizer Act by another person,

provided the label does not differ in any respect.

E. Registrations for commercial fertilizer products sold in

bulk quantities or packages of greater than thirty (30) pounds shall

be permanent unless cancelled by the registrant or the Board.

F. 1. Registrations for specialty fertilizer products sold in

packages of less than thirty (30) pounds shall pay a one-hundred-

dollar registration fee for each product.

2. Specialty fertilizer product registrations shall expire on

June 30 of each year.

3. If the Board finds any specialty fertilizer products that

have not been registered, a penalty of One Hundred Dollars ($100.00)

per product will be assessed. The penalty shall be added to the

registration fee and payment shall be made within thirty (30) days

after receipt of notice.

G. A custom blender shall not be required to register each

grade of fertilizer formulated according to specifications which are

furnished by the final consumer prior to mixing, but shall be

required to be licensed and shall be the guarantor of that custom

blend.

H. An application for registration shall include the following:

1. The brand and grade;

2. The guaranteed analysis;

3. Name and address of the registrant;

4. Net weight for packaged fertilizer; and

5. Oklahoma fertilizer license number.
Okla. Stat. tit. 2, § 2-5-3A.5 — OK Code / Title 2 / Section 2-5-3A.5
Requirements for registered farmers hub – Farm-direct
Status: in_force

marketer.

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

hub with the Oklahoma Department of Agriculture, Food, and Forestry.

B. The manager or advisory board member shall ensure all

qualifications of a farmers market are met; however, the farm food

producer or the value–added processor does not have to be present

and products may be sold by a farm-direct marketer.

C. The farm-direct marketer shall:

1. Be prohibited from representing that products offered for

sale on consignment are their own;

2. Be required to have the proper licenses, permits or

registrations from applicable local, state and federal agencies;

3. Display proper identification of the product and

documentation of ingredients clearly and conspicuously for any item

on consignment including, but not limited to, the following:

a. name of the product,

b. business or farm name of the consigning farm food

producer or value-added processor, and

c. address of where the product was grown or processed;

4. Acknowledge ownership of consigned products remains with the

farm food producer or value-added processor who produced the product

until the product is sold to the purchaser;

5. Maintain separate sales logs for products sold on

consignment for a minimum of two (2) years including, but not

limited to, the following:

a. the name of the consigning farm food producer or

value-added processor,

b. the address, telephone number and other contact

information of the consigning farm food producer or

value-added processor,

c. specific items sold on consignment, and

d. quantity of items sold on consignment; and

Oklahoma Statutes - Title 2. Agriculture Page 176

6. Comply with other requirements provided in rules promulgated

pursuant to the Oklahoma Farmers Market and Farmers Hub Act.
Okla. Stat. tit. 2, § 2-9-211 — OK Code / Title 2 / Section 2-9-211
Renumbered as § 20-25 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-6-3 — OK Code / Title 2 / Section 2-6-3
Destruction of diseased livestock - Appraisal - Payment
Status: in_force

A. The State Veterinarian may determine that any livestock is

infected with or has been exposed to any disease posing a threat to

the livestock population of the state.

B. The State Veterinarian may cause the livestock to be

destroyed or disposed of in a manner designed to protect the health

of other livestock. Destroyed or disposed of livestock shall be

appraised by an individual selected by the State Veterinarian and

the owner of the livestock. The owner of the livestock destroyed or

disposed of shall be entitled to be paid the amount of indemnity

approved by the State Board of Agriculture from designated funds.
Okla. Stat. tit. 2, § 2-10-9 — OK Code / Title 2 / Section 2-10-9
Acceptance or approval of pending poultry feeding
Status: in_force

operation applications - Prohibition within certain distance

upstream from Pensacola Project boundary.

The Oklahoma Department of Agriculture, Food, and Forestry shall

not accept or approve any pending applications requesting permits

for registration, construction or expansion of any poultry feeding

operation, as defined in Section 10-9.1 of this title, to be located

within one (1) mile upstream of the Pensacola Project boundary as

described in the records of the Grand River Dam Authority and the

Federal Emergency Management Agency. Any such operation authorized

or permitted prior to April 17, 2002, shall not be affected by the

provisions of this section.
Okla. Stat. tit. 2, § 2-5-91 — OK Code / Title 2 / Section 2-5-91
Short title - Implementation
Status: in_force

A. This subarticle shall be known and may be cited as the

"Oklahoma International Trade Development Act".

B. The Oklahoma International Trade Development Act shall be

implemented by the Oklahoma International Trade Development Council.
Okla. Stat. tit. 2, § 2-5-6 — OK Code / Title 2 / Section 2-5-6
Marketing information and news services
Status: in_force

The State Board of Agriculture shall have authority to furnish

market information and market news services for agricultural

commodities to producers, packers, shippers, wholesalers, retailers,

consumers, and other interested parties. In addition, the Board may

determine the type of information or services assembled and

distributed for any commodity. The information or services may be

provided at the shipping, wholesale, or retail level.
Okla. Stat. tit. 2, § 2-1301-501 — OK Code / Title 2 / Section 2-1301-501
Renumbered as Section 16-81 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-18-58 — OK Code / Title 2 / Section 2-18-58
Receipt for assessments - Peanut Commission Revolving
Status: in_force

Fund.

A. The assessment imposed shall, before the twentieth day of

the calendar month following the date of settlement, be paid by the

purchaser to the executive director of the Oklahoma Peanut

Commission. The executive director shall give the purchaser a

receipt.

B. Any unexpended balance contained in the Oklahoma Peanut

Commission Revolving Fund as of November 1, 2015, shall no longer be

considered state funds or state property and may be transferred to

the successor organization.
Okla. Stat. tit. 2, § 2-5-1.1 — OK Code / Title 2 / Section 2-5-1.1
Agribusiness assistance and services to farmers, ranchers
Status: in_force

and other agricultural-related parties.

The State Department of Agriculture is authorized, on behalf of

farmers, ranchers, and other agricultural-related parties to assist,

promote, or provide services in agribusiness-related areas, rural

community development, and other public service entities as funds

are made available and approved by the State Board of Agriculture.
Okla. Stat. tit. 2, § 2-17-6 — OK Code / Title 2 / Section 2-17-6
General powers
Status: in_force

Each association incorporated pursuant to the Cooperative

Marketing Association Act shall have the power to:

1. Act as an agency for or subsidiary of or to assist

cooperative associations formed pursuant to the Cooperative

Oklahoma Statutes - Title 2. Agriculture Page 621

Marketing Association Act or similar acts in any of the activities

authorized in Section 17-5 of this title and to act as a holding

corporation of the properties of the associations;

2. Make all necessary and proper contracts and agreements with

any other association formed in this or any other state, or in

connection with any other association in this or any other state, or

unite in employing and using, or separately to employ and use the

same methods, means, and agencies which may be used by another

association for carrying on and conducting the respective businesses

of the associations;

3. Act as the agent or representative of any member or members

in any lawful activity;

4. Make loans or advances to members or producer patrons or to

the members of an association which is itself a member;

5. Accept any kind, form, or type of obligation or security,

therefore to purchase, endorse, discount, or sell any note, draft,

bill of exchange, debenture, bill of sale, mortgage, or other

obligations acquired by it, the proceeds of which have been advanced

or used in the first instance for any of the purposes provided for

in the Cooperative Marketing Association Act; discount for or

purchase from any association, organized under the laws of any state

with or without its endorsement, any note, draft, bill of exchange,

debenture, bill of sale, mortgage, or other obligation the proceeds

of which are advanced or used in the first instance for carrying on

any cooperative activity authorized pursuant to the Cooperative

Marketing Association Act and to dispose of same with or without

endorsement. An association organized pursuant to the Cooperative

Marketing Association Act and exercising any of the powers provided

in this paragraph shall not engage in the business of banking;

6. Establish and accumulate reserves including a permanent

surplus fund as an addition to capital; invest the reserves either

directly or by means of subsidiary or affiliated associations or

other corporations in real estate or other property for carrying out

the purpose of the association, provided no real property

investments shall be made except for the purpose of leasing or

acquiring title to real property necessary for use in the conduct of

the primary business of the association, or the reserves may be

deposited or invested in securities as the bylaws may provide;

7. Purchase or acquire, hold, own, and exercise all rights of

ownership in, and to sell, transfer, pledge or guarantee the payment

of dividends or interest on, or the retirement or redemption of,

shares of capital stock, bonds, or other obligations of any

corporation or association, engaged in any directly or indirectly

related activity, or in the production, warehousing, handling, or

marketing of any of the products handled by the association;

8. Buy, hold, and exercise all privileges of ownership over

real or personal property, as may be necessary or convenient for the

Oklahoma Statutes - Title 2. Agriculture Page 622

conduct and operation of any of the business of the association, or

incidental thereto;

9. Borrow money from any source without limitation as to amount

of corporate indebtedness or liability, with authority to give any

form of obligation or security therefor;

10. Establish and secure, own and develop patents, trademarks,

and copyrights;

11. Deal in products, handle machinery, equipment, or supplies,

or perform services for or on behalf of nonmembers to an amount not

greater in value during any fiscal year than are dealt in, handled,

or performed by it for, or on behalf of its members during the same

period;

12. Do each and everything necessary, suitable, or proper for

the accomplishment of any one of the purposes, or the attainment of

any one or more of the subjects enumerated and authorized by the

Cooperative Marketing Association Act, or conducive to or expedient

for the interest or benefit of the association, and to contract

accordingly; and

13. Exercise and possess all powers, rights, and privileges

necessary or incidental to the purposes for which the association is

organized, or the activities in which it is engaged; and any other

rights, powers, and privileges granted by the laws of this state to

ordinary business corporations, except as are inconsistent with the

express provisions of the Cooperative Marketing Association Act.
Okla. Stat. tit. 2, § 2-2-3 — OK Code / Title 2 / Section 2-2-3
Officers
Status: in_force

A. The at-large member appointed by the Governor, pursuant to

Section 2-1 of this title, shall be the President of the State Board

of Agriculture and shall serve at the pleasure of the Governor.

B. The President shall be the executive officer of the Board

and, in the absence of the Board, shall, subject to approval of the

Board, perform all of the duties imposed by law.

C. The Board shall elect a Secretary who shall not be a member

of the Board. The Board shall fix the duties of the person

appointed.
Okla. Stat. tit. 2, § 2-15-12 — OK Code / Title 2 / Section 2-15-12
Audit and allowance of bills for premiums - Warrants
Status: in_force

The county commissioners at a special meeting to be held on the

last day of the stock show or fair, or as soon thereafter as

possible shall:

1. Audit and allow bills presented by the persons to whom

premiums have been awarded, or to their order; and

2. Order the county clerk to issue a warrant for the bills.
Okla. Stat. tit. 2, § 2-9-34 — OK Code / Title 2 / Section 2-9-34
Unlawful acts - Commodity storage and receipts - Penalties
Status: in_force

- Prepositioning of commodity stocks.

A. It shall be a felony for any warehouseman, employee, or

manager of a public warehouse to knowingly:

1. Issue or receive a fraudulent warehouse receipt regarding,

but not limited to, commodities that are not actually stored at the

time of issuing the receipt, issuing any warehouse receipt or scale

ticket that is in any respect fraudulent in its character, either as

to its date or to the quantity, quality, or inspected grade of the

commodities, or who shall remove any commodities from store, except

to preserve the commodities from fire or other damage without the

return and cancellation of all outstanding receipts that may have

been issued to represent the commodities; or

Oklahoma Statutes - Title 2. Agriculture Page 440

2. Issue a delayed pricing contract, deferred payment contract,

or any other records for sales of commodities in a fraudulent manner

without the full knowledge and consent of the producer.

A violation of this section shall, upon conviction, be a Class

D1 felony offense punishable by a fine of not more than Ten Thousand

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

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

Statutes, or by both such fine and imprisonment.

B. The State Board of Agriculture, upon application from the

warehouseman, may approve the prepositioning of commodity stocks in

state-chartered or federally licensed terminal warehouses in order

to free storage space for new harvest commodities. The period for

such action shall not exceed sixty (60) days prior to anticipated

beginning of harvest for the commodity nor can they be out of

position more than one hundred eighty (180) days. The Board may

extend the time period an additional one hundred eighty (180) days

as specified by rules promulgated by the Board.
Okla. Stat. tit. 2, § 2-131.9 — OK Code / Title 2 / Section 2-131.9
Renumbered as § 15-119 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1112 — OK Code / Title 2 / Section 2-1112
Renumbered as § 18-61 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-11-94 — OK Code / Title 2 / Section 2-11-94
Violations, penalties - Operating without sales tax
Status: in_force

permit - Knowingly providing false information - Burnt copper

material - Violations reported - Revocation of permit.

A. Any person found in violation of any provision of the

Oklahoma Scrap Metal Dealers Act, with the exceptions as provided by

subsections B, C and D of this section, shall, upon conviction, be

guilty of a misdemeanor and punished by a fine of not more than Two

Thousand Five Hundred Dollars ($2,500.00) per offense. Any person

convicted of a second violation of the Oklahoma Scrap Metal Dealers

Act shall be guilty of a misdemeanor and punished by a fine of not

more than Five Thousand Dollars ($5,000.00) per offense or by

imprisonment in the county jail for a period of not more than six

(6) months. Any person convicted of a third or subsequent violation

of the Oklahoma Scrap Metal Dealers Act shall be guilty of a Class

D3 felony offense punishable by a fine of not more than Ten Thousand

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

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

Oklahoma Statutes, or by both such fine and imprisonment.

B. Any person acting as a scrap metal dealer without a scrap

metal dealer license or a sales tax permit as required by the

Oklahoma Scrap Metal Dealers Act shall, upon conviction, be guilty

of a misdemeanor and punished by a fine of not more than Five

Hundred Dollars ($500.00); provided, that each day of operation in

violation of the Oklahoma Scrap Metal Dealers Act shall constitute a

separate offense.

C. Any person who knowingly provides false information with

respect to the provisions of subsection I of Section 1423 of this

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

and punished by a fine of Five Thousand Dollars ($5,000.00), or by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or by both such fine and

imprisonment.

D. Any person convicted of purchasing or selling burnt copper

material or copper wire as prohibited by subsection G of Section

1423 of this title shall, upon first conviction, be guilty of a

misdemeanor and punished by a fine of Two Thousand Five Hundred

Dollars ($2,500.00). Any person convicted of a second or subsequent

violation shall be guilty of a Class D3 felony offense punishable by

a fine of Five Thousand Dollars ($5,000.00), or by imprisonment as

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

of the Oklahoma Statutes, or by both such fine and imprisonment.

E. Each scrap metal dealer convicted of a violation of the

Oklahoma Scrap Metal Dealers Act shall be reported to the Oklahoma

Tax Commission by the clerk of the court rendering such verdict.

F. The Tax Commission shall revoke the sales tax permit of any

person convicted of three separate violations of the Oklahoma Scrap

Metal Dealers Act. The person shall not be eligible to receive a

Oklahoma Statutes - Title 2. Agriculture Page 509

sales tax permit for such purpose for a period of one (1) year

following the revocation. The revocation procedure shall be subject

to notice and hearing as required by Section 1426 of this title.
Okla. Stat. tit. 2, § 2-8-22 — OK Code / Title 2 / Section 2-8-22
Containers to bear label or tag – Label information
Status: in_force

A. Each bag, container, package, or bulk of agricultural seed

transported, sold, offered for sale, or exposed for sale by any

person within the State of Oklahoma for planting purposes, shall

have, bear, or have attached in a conspicuous place, a plainly

written or printed label or tag giving the following information,

which shall not be modified or disclaimed in the labeling on the bag

or container.

B. For treated seed, separate labeling shall show:

1. A word or statement that the seed has been treated;

2. The name or "coined name" of the treatment;

3. If harmful, the label must show the statement "Not to be

Used for Feed or Food", and if poisonous materials are used, the

label must show a caution statement stating words "Poison Treated".

C. For agricultural seeds separate labeling shall show:

1. Commonly accepted name as to kind, or kind and variety, of

each agricultural seed component in excess of five percent (5%) of

the whole. If more than one component is present in excess of five

percent (5%) of the whole, the word "mixture" or "mixed" shall be

shown conspicuously on the tag or label;

2. Net weight;

3. Lot number or other lot identification;

Oklahoma Statutes - Title 2. Agriculture Page 387

4. Origin, including state or foreign country where grown. If

the origin is unknown, that fact shall be stated;

5. Percentage pure seed;

6. Percentage by weight of inert matter;

7. Percentage by weight of agricultural seed, other than the

one required to be named on the label (designated as "other crop

seed");

8. Percentage by weight of all weed seeds;

9. The name and rate of occurrence of each kind of restricted

noxious weed seed per pound when present in any amount;

10. For each named agricultural seed:

a. percentage of germination, exclusive of hard seed,

b. percentage of hard seed, if present, and

c. the calendar month and year the test was completed to

determine percentages;

11. Following (A) and (B), above, the "total germination and

hard seed" may be stated if desired; and

12. Name and address of the person or vendor who labeled the

seed or who sells, offers, or exposes the seed for sale within the

state.

D. For vegetable seeds labeling shall show:

1. Net weight;

2. Name of kind and variety of seed; and

3. For seeds which germinate less than the standard last

established by the State Board of Agriculture:

a. percentage of germination, exclusive of hard seed,

b. percentage of hard seed, if present,

c. the calendar month and year the test was completed to

determine the percentages,

d. the words "below standard" in not less than eight-

point type, and

e. name and address of the person who labels the seed, or

who sells, offers, or exposes the seed for sale within

this state.

E. For coated seed. In addition to the required labeling for

agricultural and vegetable seeds, when the seeds have been coated,

labeling shall show:

1. A word statement that seeds have been coated; and

2. Percentage by weight of inert coating material.
Okla. Stat. tit. 2, § 2-1751 — OK Code / Title 2 / Section 2-1751
Renumbered as § 9-142 of this title by Laws 2001, c. 146,
Status: in_force

§ 256, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1950.10 — OK Code / Title 2 / Section 2-1950.10
Short title - Legislative findings
Status: in_force

A. This act shall be known and may be cited as the “Oklahoma

Biofuels Development Act”.

B. The Legislature finds that Oklahoma should encourage the

processing, market development, promotion, distribution, and

research of fuels derived from grain, ethanol or ethanol components,

biodiesel, biobased lubricants, coproducts, or byproducts to provide

for:

1. Expanded use of Oklahoma agricultural products;

2. Efficient and less-polluting energy sources and reserves

which will make Oklahoma less energy dependent, reduce atmospheric

carbon monoxide levels, and retain Oklahoma dollars in the Oklahoma

economy to achieve a multiplier effect, thereby generating

additional jobs and tax income to the state rather than exporting

Oklahoma dollars;

3. Development of protein which will be more efficiently stored

and marketed to foreign nations rather than the present method of

simple export of unprocessed grain products;

4. Alternative local outlets for Oklahoma agricultural products

which can be particularly utilized in times of depressed grain

prices so as to give Oklahomans greater control of their crop

marketing procedures rather than have crop marketing procedures too

dependent upon federal agencies, major grain exporters, and foreign

purchasers. Local outlets may include ethanol plants, oil seed

processing plants, agricultural production facilities, or facilities

related to the processing, marketing, or distribution of ethanol or

products derived from ethanol or ethanol components, other biobased

products, coproducts, or byproducts;

Oklahoma Statutes - Title 2. Agriculture Page 771

5. Cooperation with private industry to establish ethanol- and

biobased-product-related production facilities in Oklahoma to create

demand for agricultural products;

6. Promotion and market development, in cooperation with

private industry, of ethanol or products derived from ethanol or

ethanol components, biodiesel, coproducts, or byproducts; and

7. Sponsorship of research and development of industrial and

commercial uses for agricultural ethanol and biobased oils and for

byproducts resulting from the manufacturing of agricultural ethanol

and biobased products in order to enhance economic feasibility and

marketing potential of such products and processes.
Okla. Stat. tit. 2, § 2-5-60.3 — OK Code / Title 2 / Section 2-5-60.3
Oklahoma Farm to School Program – Agency staff to
Status: in_force

implement.

A. There is hereby created the Oklahoma Farm to School Program

within the Oklahoma Department of Agriculture, Food, and Forestry.

The Department shall employ a director to administer and monitor the

programs and activities related to the Oklahoma Farm to School

Program with the advice of and guidance of a nonprofit food policy

council.

B. The following agencies shall make staff available to the

Oklahoma Farm to School Program for the purpose of providing

professional consultation and staff support to assist the

implementation of this act:

1. Oklahoma Department of Agriculture, Food, and Forestry;

2. State Department of Health;

3. State Department of Education; and

4. Department of Human Services.
Okla. Stat. tit. 2, § 2-10-9.14 — OK Code / Title 2 / Section 2-10-9.14
Poultry Waste Transfer Fund
Status: in_force

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

Oklahoma Department of Agriculture, Food, and Forestry to be

designated as the Poultry Waste Transfer Fund. The fund shall be a

continuing fund not subject to fiscal year limitations and shall

consist of:

1. All monies received by the Department for implementing the

purpose of the provisions of the Oklahoma Poultry Waste Transfer

Act;

2. Interest attributable to investment of money in the Poultry

Waste Transfer Fund; and

3. Money received by the Department in the form of gifts,

grants, reimbursements, or from any other source intended to be used

for the purposes specified by or collected pursuant to the

provisions of the Poultry Waste Transfer Fund.

B. The monies deposited in the Poultry Waste Transfer Fund

shall at no time become monies of the state and shall not become

part of the general budget of the Department or any other state

agency. Except as provided for in this section, no monies from the

Poultry Waste Transfer Fund shall be transferred for any purpose to

any other state agency or any account of the Department or be used

for the purpose of contracting with any other state agency or

reimbursing any other state agency for any expense.

Oklahoma Statutes - Title 2. Agriculture Page 475
Okla. Stat. tit. 2, § 2-15-161 — OK Code / Title 2 / Section 2-15-161
Companies and operators to file bond to secure contract
Status: in_force

- Term and conditions.

A. All carnival companies or the operators of public shows that

enter into any contract with any county agricultural society or

county fair shall be required, within thirty (30) days after the

execution of such contract, to:

1. Execute and file with the Secretary of State a good and

sufficient bond, with corporate surety doing business in the State

Oklahoma Statutes - Title 2. Agriculture Page 576

of Oklahoma, in the sum of Two Thousand Five Hundred Dollars

($2,500.00) running to the State of Oklahoma. The bond shall be

conditioned that any such carnival company or the operator of the

show will faithfully perform any contract entered into by the

carnival or operator in the State of Oklahoma during a period of one

(1) year from the date of execution of such contract; and

2. At the time of the filing of the bond, file with the

Secretary of State an appointment of some person within the State of

Oklahoma authorized to receive service of process on behalf of the

principal on the bond.

B. The bond shall be made for a period of one (1) year and no

additional bonds shall be required for that period.

C. Upon entering into any contract with county fair or county

agricultural society, calling for a performance in any specific

county in the State of Oklahoma, the carnival company or the

operator of the show shall, within thirty (30) days after signing of

each such contract, file with the county clerk of such county a

certificate showing that the bond provided for in this section has

been filed with the Secretary of State.
Okla. Stat. tit. 2, § 2-116 — OK Code / Title 2 / Section 2-116
Renumbered as § 15-91 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-60 — OK Code / Title 2 / Section 2-15-60
Collection, apportionment and disbursement of funds -
Status: in_force

Eligibility of exhibitors.

A. The county treasurer shall collect and apportion monies for

the county free fairs as other monies are collected and apportioned.

B. In school districts which overlap into adjoining counties,

the levy for the free fair purposes shall be made and collected in

the same manner as for school purposes.

C. The county treasurer shall disburse the monies from the levy

upon vouchers issued by the executive board of the county free fair

association, signed by the president and secretary of the same.

D. Residents of any school district which overlaps into any

other county shall be eligible to exhibit their products at the

fairs in the county in which the school district is located.
Okla. Stat. tit. 2, § 2-8-77.13 — OK Code / Title 2 / Section 2-8-77.13
Adulteration
Status: in_force

No person shall distribute an adulterated fertilizer product. A

fertilizer shall be adulterated if:

1. It contains any deleterious or harmful substance in

sufficient amount to render it injurious to beneficial plant life,

animals, humans, aquatic life, soil, or water when applied in

accordance with directions for use on the label;

2. If adequate warning statements or directions for use which

may be necessary to protect plant life, animals, humans, aquatic

life, soil, or water are not shown upon the label;

3. Its composition falls below or differs from that which it is

purported to possess by its labeling; or

4. It contains unwanted crop seed or weed seed.

Oklahoma Statutes - Title 2. Agriculture Page 414
Okla. Stat. tit. 2, § 2-3-32.1 — OK Code / Title 2 / Section 2-3-32.1
Definitions
Status: in_force

As used in this subarticle:

1. “Broker” means any person who negotiates the purchase or

sale of any nursery stock. A broker may or may not handle the

nursery stock or the proceeds of a sale;

2. “Certificate” means a document authorized or prepared by a

duly authorized federal or state regulatory official that affirms,

declares, or verifies that an article, nursery stock, plant,

product, shipment, or any other officially regulated items meet

phytosanitary, quarantine, nursery inspection, pest freedom, plant

registration or certification, or any other set of legal

requirements;

3. “Compliance agreement” means any written document between a

person and the Oklahoma Department of Agriculture, Food, and

Forestry or the United States Department of Agriculture to achieve

compliance with any set of requirements being enforced by the

Department;

4. “Cultivar” means a horticulturally, silviculturally, or

agriculturally derived cultivated variety of a plant, as

distinguished from a natural variety;

5. “Dealer" means any person who sells, brokers, or distributes

nursery stock that was not grown from seeds, cuttings, liners, or

similar propagative material by that person but was bought, received

on consignment, or acquired and in the person’s possession for the

purposes of resale;

6. “Facilities" means and includes all buildings, greenhouses,

storage places, cellars, pits, trenches, bins, containers, packing

materials, crates, packing rooms, display bins, refrigerators, ice

boxes, and any other structures and materials used in storing,

Oklahoma Statutes - Title 2. Agriculture Page 92

transporting, and distributing nursery stock. The nursery, dealer,

or agent shall maintain the facilities as are necessary for the

proper care and conservation of nursery stock;

7. “Grower” means any person who raises, grows, or propagates

for profit or other reasons any nursery stock or plant;

8. “Heel yard” means any plant holding area;

9. "Horticulture" means the discipline of agriculture science

relating to the cultivation of gardens or orchards, including, but

not limited to the growing of vegetables, flowers, and ornamental

trees and shrubs;

10. “Landscaper” means a person who purchases nursery stock and

offers that stock for sale or planting through landscape services

and typically does not hold and maintain plants in a heel yard or

nursery;

11. “Native species” means a species that, other than due to an

introduction, historically occurred or currently occurs in that

ecosystem;

12. "Nursery” means and includes any field, ground, greenhouse,

bin, pit, plot, or premise where nursery or floral stock is grown,

propagated, or sold;

13. “Nursery operator” means the person who owns, leases,

manages, or is in control of a nursery, and any person who is a

grower of nursery stock;

14. “Nursery stock” means and includes, whether in field or

container, all trees, shrubs, vines, rosebushes, turfgrass,

cuttings, grafts, scions, fruit pits, herbaceous plants, evergreens

and other ornamental trees, bushes, collected wild plants and trees,

decorative plants, tropical plants, flowering plants, bedding

plants, vegetable plants for transplanting, aquatic plants, roots,

corms, rhizomes, bulbs, and ferns grown for propagation, all packing

materials, and other things used in the handling, storing, crating,

and shipping of nursery stock. “Nursery stock” does not include cut

Christmas trees, wreaths, seeds, vegetables or fruits, agronomic

crops, cut or dried flowers, and cut or dried herbs;

15. “Phytosanitary certificate” means a document issued by the

Department indicating that the specified live plants or plant

products comply with the legal requirements of the importing state

or country. The document may be either a State Phytosanitary

Certificate or Federal Phytosanitary Certificate;

16. “Place of business” means each separate store, stand, sales

lot, or any other place at or from which nursery stock is being sold

or offered for sale;

17. “Plant pest” means any pest known to cause damage or harm

to plants, agricultural commodities, horticultural products, nursery

stock, silvicultural interests, or the environment. Plant pest

includes, but is not limited to, insects, snails, nematodes, fungi,

Oklahoma Statutes - Title 2. Agriculture Page 93

viruses, bacterium, microorganisms, mycoplasma-like organisms,

weeds, plants, or other parasitic higher plants;

18. “Sales location” means any principal business location

where nursery stock is sold directly to a customer;

19. “Sell” means to offer for sale, expose for sale, possess

for sale, exchange, barter, or trade;

20. "Silviculture" means the development and care of forests;

21. “Stop sale” means a legal document issued by the State

Board of Agriculture that prevents the production of or sale of

nursery stock due to an infestation of a plant pest; and

22. “Turfgrass sod” means a strip or section of one or more

grasses or other plants acceptable for lawn plantings which, when

severed from its growing site, contains sufficient plant roots to

remain intact, and does not contain weeds in excess of the amount

specified by the Board.
Okla. Stat. tit. 2, § 2-6-280.8 — OK Code / Title 2 / Section 2-6-280.8
Denaturing of rabbits and rabbit products
Status: in_force

A. Any rabbit slaughtered or processed which is not intended

for use as human food prior to its offer for sale or transportation

in intrastate commerce, unless naturally inedible by humans, shall

be denatured or otherwise identified as prescribed by regulations of

the Board to deter its use for human food.

B. No person, firm, or corporation shall buy, sell, transport,

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

in intrastate commerce, any carcasses, parts thereof, meat or meat

Oklahoma Statutes - Title 2. Agriculture Page 314

food products of any rabbits which are not intended for use as human

food unless they are denatured or otherwise identified as required

by the regulations of the Board or are naturally inedible by humans.
Okla. Stat. tit. 2, § 2-10-26 — OK Code / Title 2 / Section 2-10-26
State-wide broiler show
Status: in_force

In order to promote greater interest in the production of high

quality broilers in the State of Oklahoma, particularly among the

junior members of farm organizations, including the FFA and 4-H

Clubs, there is established in the State of Oklahoma an annual

state-wide broiler show. The show shall be organized and operated

in cooperation with various recognized associations within the State

of Oklahoma by the State Board of Agriculture.