Okla. Stat. tit. 2, § 2-14-63 — OK Code / Title 2 / Section 2-14-63
License required - Issuance - Qualifications - Apprentice
Status: in_force

of weights or measures - Contents of license - Termination of employment - Conviction of felony -

Oklahoma Statutes - Title 2. Agriculture Page 21license - Applications - Categories of weights or measures -

Contents of license - Termination of employment - Conviction of

felony - Expiration date - Fees - Exemptions from act.

A. It shall be unlawful for any person to do business as a

service agency or service technician without first obtaining a valid

license issued by the State Board of Agriculture and paying the

license fee.

B. A service agency license may be issued by the Board after

submitting an application on a form prescribed by the Board. The

service agency shall have the appropriate amount of equipment and

standards and have employed a qualified licensed service technician

in each category as stated on the application and such other

information as required by the Board. Failure to show proper

qualification under the rules prescribed by the Board or for

violations of any of the provisions of the Oklahoma Service

Technician and Service Agency Act shall be grounds for the Board to

deny the issuance or renewal of the license.

Oklahoma Statutes - Title 2. Agriculture Page 529

C. An apprentice service technician license may be issued after

submitting an application on a form prescribed by the Board. The

apprenticeship license for new applicants, with no device-related

educational training from an accredited or recognized institution or

experience, shall be in effect for one year. All apprentice service

technicians shall work under the supervision of a licensed service

technician when servicing a weight or measure. Failure to show

proper qualifications under the rules prescribed by the Board or

violations of any provisions of the Oklahoma Service Technician and

Service Agency Act shall make it the duty of the Board to deny the

issuance or renewal of the license.

D. 1. An applicant for a service technician license shall

submit an application on a form prescribed by the Board. Failure to

show proper qualifications under the rules prescribed by the Board

or violations of any of the provisions of the Oklahoma Service

Technician and Service Agency Act shall make it the duty of the

Board to deny the issuance or renewal of the license.

2. A service technician license may be issued by the Board

pursuant to the provisions of the Oklahoma Service Technician and

Service Agency Act, provided the applicant qualifies under the

provisions of the Oklahoma Service Technician and Service Agency Act

or any rule promulgated by the Board and the applicant is limited to

the category or categories of weight or measure named on the

license. The Board shall establish necessary categories of weight

or measure service.

3. Each service technician license shall specify the kind of

work in which the applicant is authorized to engage, and shall show

the name and address of the person to whom it is issued, and the

name of the service agency with whom the individual is employed.

4. No service technician license shall be issued or remain

valid if the Board finds that the applicant has been convicted of a

weight or measure-related felony charge in any state or territory of

the United States.

5. Any apprentice technician license and service technician

license upon separation of employment with the licensed service

agency as stated on the license shall be returned to the Board.

Failure to return and continued use of license upon separation of

employment shall constitute a violation. The service agency shall

immediately report the separation or termination of a licensed

service technician's employment to the Board.

E. All licenses are nontransferable. All licenses shall expire

on a date specified by the Board and may be renewed for the ensuing

year, without penalty. If application is not received within thirty

(30) days of expiration date, a penalty of twice the amount of the

renewal fee shall be charged for renewal of the license as

applicable.

Oklahoma Statutes - Title 2. Agriculture Page 530

F. The following fees shall be paid to the Board. All fees

collected by the Board, pursuant to this subarticle, shall be

deposited in the State Board of Agriculture Revolving Fund:

1. A fee of One Hundred Dollars ($100.00) for the issuance or

renewal of a license as a service agency;

2. A fee of Twenty-five Dollars ($25.00) for issuance or

renewal of a license as a service technician for each category of

weights and measures serviced;

3. A fee of Ten Dollars ($10.00) for the issuance of a license

for an apprentice service technician; and

4. A fee of Ten Dollars ($10.00) for the issuance of a

duplicate license.

G. The Oklahoma Service Technician and Service Agency Act shall

not apply to public utilities, public service corporations, rural

electric associations, or municipal utilities and their subsidiaries

during work on their own facilities or during the performance of

energy audits, operations, inspections, maintenance, or repairs for

their customers or on their own equipment.
Okla. Stat. tit. 2, § 2-6-302 — OK Code / Title 2 / Section 2-6-302
Disease eradication and control - Inspecting and
Status: in_force

examining vehicles – Issuing citations - Agents' satisfactory

completion of courses.

A. To enable the State Board of Agriculture to implement its

duties and responsibilities regarding disease eradication and

control of livestock and theft of livestock, and of farming

equipment and farm implements, authorized agents of the Board are

authorized to stop a vehicle transporting any livestock or farming

equipment or farm implement for the purposes of inspecting and

examining:

1. Livestock being transported;

2. The documents relating to the health, ownership, or

destination of the livestock; and

Oklahoma Statutes - Title 2. Agriculture Page 339

3. Ownership documents or serial or identification numbers

relating to farming equipment or farm implements.

B. 1. Agents of the Board are authorized to issue citations to

those persons committing violations of the laws relating to the

control and eradication of disease in livestock in this state.

2. Each violation relating to the transportation of livestock,

and any required documentation regarding disease eradication and

control of livestock being transported may result in a citation not

to exceed Five Hundred Dollars ($500.00) per incident. Each

citation issued shall indicate the name of the owner of the

livestock being transported, as well as the name of the driver of

the vehicle.

3. If an owner or driver receives three citations for

violations of this subsection within a consecutive three-year

period, the owner or driver may be subject to citations not to

exceed One Thousand Dollars ($1,000.00) for any subsequent

violations of this subsection.

C. The authorized agents designated to stop vehicles and issue

citations shall be required to satisfactorily complete those courses

offered by law enforcement agencies as are required by the Board.
Okla. Stat. tit. 2, § 2-6-290.3 — OK Code / Title 2 / Section 2-6-290.3
Definitions
Status: in_force

For the purposes of the Exotic Livestock and Exotic Livestock

Products Inspection Act:

1. "Adulterated" shall apply to any carcass, part thereof,

exotic livestock or exotic livestock products under one or more of

the following circumstances:

a. if it bears or contains any poisonous or deleterious

substance which may render it injurious to health; but

in case the substance is not an added substance, such

article shall not be considered adulterated under this

paragraph if the quantity of such substance in or on

such article does not ordinarily render it injurious

to health,

b. if it bears or contains, by reason of administration

of any substance to live exotic livestock or

otherwise, any added poisonous or added deleterious

substance, other than one which is:

(1) a pesticide chemical in or on a raw agricultural

commodity,

(2) a food additive, or

(3) a color additive;

which may, in the judgment of the Board, make such

article unfit for human food,

c. if it is, in whole or in part, a raw agricultural

commodity and such commodity bears or contains a

pesticide chemical which is unsafe within the meaning

of Section 408 of the Federal Food, Drug, and Cosmetic

Act,

d. if it bears or contains any food additive which is

unsafe within the meaning of Section 409 of the

Federal Food, Drug, and Cosmetic Act,

Oklahoma Statutes - Title 2. Agriculture Page 324

e. if it bears or contains any color additive which is

unsafe within the meaning of Section 706 of the

Federal Food, Drug, and Cosmetic Act. Provided, that

an article which is not otherwise deemed adulterated

under subparagraph b, c, or d, shall nevertheless be

deemed adulterated if use of the pesticide chemical,

food additive, or color additive in or on such article

is prohibited by regulations of the Board in

establishments at which inspection is maintained

pursuant to the Exotic Livestock and Exotic Livestock

Products Inspection Act,

f. if it consists in whole or in part of any filthy,

putrid, or decomposed substance or is for any other

reason unsound, unhealthful, unwholesome, or otherwise

unfit for human food,

g. if it has been prepared, packed, or held under

unsanitary conditions whereby it may become

contaminated with filth, or whereby it may have been

rendered injurious to health,

h. if it is, in whole or in part, the product of any

exotic livestock which has died otherwise than by

slaughter,

i. if its container is composed, in whole or in part, of

any poisonous or deleterious substance which may

render the contents injurious to health,

j. if it has been intentionally subjected to radiation,

unless the use of the radiation was in conformity with

a regulation or exemption in effect pursuant to

Section 409 of the Federal Food, Drug, and Cosmetic

Act, or

k. if any valuable constituent has been in whole or in

part omitted or abstracted therefrom; or if any

substance has been substituted, wholly or in part

therefor; or if damage or inferiority has been

concealed in any manner; or if substance has been

added thereto or mixed or packed therewith so as to

increase its bulk or weight, or reduce its quality or

strength, or make it appear better or of greater value

than it is;

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

3. "Animal food manufacturer" means any person engaged in the

business of manufacturing or processing animal food derived wholly

or in part from carcasses, or parts or products of the carcasses, of

exotic livestock;

4. "Capable of use as human food" shall apply to any carcass,

or part or product of a carcass, of any exotic livestock, unless it

Oklahoma Statutes - Title 2. Agriculture Page 325

is identified as required by regulations prescribed by the Board to

deter its use as human food, or it is naturally inedible by humans;

5. "Department" means the Oklahoma State Department of

Agriculture;

6. "Exotic livestock" means commercially raised livestock

including but not limited to animals of the families bovidae,

cervidae and antilocapridae or birds of the ratite group;

7. "Federal Meat Inspection Act" means the act so entitled

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

Meat Act (8 Stat. 584);

8. "Federal Food, Drug, and Cosmetic Act" means the act so

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

amendatory thereof or supplementary thereto;

9. "Inspection" or "inspection service" means any inspection by

an inspector to determine:

a. the condition and wholesomeness of exotic livestock,

b. the condition and wholesomeness of any edible product

at any state of the preparation or packaging thereof

in the official plant where inspected and certified,

or

c. the condition and wholesomeness of any previously

inspected and certified product if such product has

not lost its identity as an inspected and certified

product;

10. "Inspector" means any person who is duly qualified and

certified as an agent of the Oklahoma State Department of

Agriculture;

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

matter upon any article or the immediate container, not including

package liners, of any article;

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

graphic matter:

a. upon any article or any of its containers or wrappers,

or

b. accompanying such article;

13. "Misbranded" shall apply to any carcass, part thereof,

exotic livestock meat or exotic livestock product under one or more

of the following circumstances:

a. if its labeling is false or misleading in any

particular,

b. if it is offered for sale under the name of another

food,

c. if it is an imitation of another food, unless its

label bears, in type of uniform size and prominence,

the word "imitation" and immediately thereafter the

name of the food imitated,

Oklahoma Statutes - Title 2. Agriculture Page 326

d. if its container is so made, formed, or filled as to

be misleading,

e. unless it bears a label showing:

(1) the name and place of business of the

manufacturer, packer, or distributor, and

(2) an accurate statement of the quantity of the

product in terms of weight, measure, or numerical

count. Provided, reasonable variations may be

permitted, and exemptions as to small packages or

articles not in packages or other containers may

be established, by regulations prescribed by the

Board;

f. if any word, statement, or other information required

by or under authority of the Exotic Livestock and

Exotic Livestock Products Inspection Act to appear on

the label or other labeling is not prominently placed

thereon with such conspicuousness, as compared with

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

labeling, and in such terms as to render it likely to

be read and understood by the ordinary individual

under customary conditions of purchase and use,

g. if it purports to be or is represented as a food for

which a definition and standard of identity or

composition has been prescribed by regulations of the

Board unless:

(1) it conforms to such definition and standard, and

(2) its label bears the name of the food specified in

the definition and standard and, insofar as may

be required by such regulations, the common names

of optional ingredients, other than spices,

flavoring, and coloring, present in such food,

h. if it purports to be or is represented as a food for

which a standard or standards of fill of container

have been prescribed by regulations of the Board, and

it falls below the standard of fill of container

applicable thereto, unless its label bears, in such

manner and form as such regulations specify, a

statement that it falls below such standard,

i. if it is not subject to the provisions of subparagraph

g unless its label bears:

(1) the common or usual name of the food, if any

there be, and

(2) in case it is fabricated from two or more

ingredients, the common or usual name of each

such ingredient; except that spices, flavorings,

and colorings may, when authorized by the Board,

be designated as spices, flavorings, and

Oklahoma Statutes - Title 2. Agriculture Page 327

colorings without naming each. Provided, that to

the extent that compliance with the requirements

of this division is impracticable, or results in

deception or unfair competition, exemptions shall

be established by regulations promulgated by the

Board,

j. if it purports to be or is represented for special

dietary uses, unless its label bears such information

concerning its vitamin, mineral, and other dietary

properties as the Board, after consultation with the

Secretary of Agriculture of the United States,

determines to be, and by regulations prescribes as,

necessary in order fully to inform purchasers as to

its value for such uses,

k. if it bears or contains any artificial flavoring,

artificial coloring, or chemical preservative, unless

it bears labeling stating that fact; provided, that,

to the extent that compliance with the requirements of

this subparagraph is impracticable, exemptions shall

be established by regulations promulgated by the

Board, or

l. if it fails to bear on its containers, as the Board

may by regulations prescribe, the official inspection

legend, such other information as the Board may

require in such regulations to assure that it will not

have false or misleading labeling and that the public

will be informed of the manner of handling required to

maintain the article in a wholesome condition;

14. "Official certificate" means any certificate prescribed by

regulation of the Board for issuance by an inspector or other person

performing official functions pursuant to the Exotic Livestock and

Exotic Livestock Products Inspection Act;

15. "Official device" means any device prescribed or authorized

by the Board for use in applying any official mark;

16. "Official inspection legend" means any symbol prescribed by

regulation of the Board showing that an article was inspected for

wholesomeness in accordance with the Exotic Livestock and Exotic

Livestock Products Inspection Act;

17. "Official mark" means the official inspection legend or any

other symbol prescribed by regulation of the Board to identify the

status of any article or exotic livestock pursuant to the Exotic

Livestock and Exotic Livestock Products Inspection Act;

18. "Official plant" or "official establishment" means one or

more buildings or parts thereof, comprising a single plant in which

the facilities and methods of operation therein have been approved

by the Board as suitable and adequate for operation under inspection

service;

Oklahoma Statutes - Title 2. Agriculture Page 328

19. "Person" means any individual, partnership, corporation,

association, or other business unit;

20. "Pesticide chemical", "food additive", "color additive",

and "raw agricultural commodity" shall have the same meanings for

purposes of the Exotic Livestock and Exotic Livestock Products

Inspection Act as such term is defined by the Federal Food, Drug,

and Cosmetic Act;

21. "Processed" means slaughtered, canned, salted, stuffed,

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

22. "Product" means any carcass of exotic livestock, or part

thereof; or any product which is made wholly or in part from any

carcass of exotic livestock or part thereof, excepting products

which contain exotic livestock ingredients only in a relatively

small proportion or historically have not been considered by

consumers as products of the animal food industry, and which are

exempted by the Board from definition as an exotic livestock product

under such conditions as the Board may prescribe to assure that the

exotic livestock ingredients in such products are not adulterated

and that such products are not represented as exotic livestock

products;

23. "Exotic livestock broker" means any person engaged in the

business of buying or selling exotic livestock products on

commission, or otherwise negotiating purchases or sales of such

articles other than for his own account or as an employee of another

person; and

24. "Renderer" means any person engaged in the business of

rendering carcasses, or parts or products of the carcasses, of

exotic livestock.
Okla. Stat. tit. 2, § 2-3-85 — OK Code / Title 2 / Section 2-3-85
Enforcement - Rules and standards – Examination, notice
Status: in_force

and seizure – Exceptions - Environmental jurisdiction – Compliance

with federal law.

Oklahoma Statutes - Title 2. Agriculture Page 128

A. 1. The State Board of Agriculture shall administer and

enforce the provisions of the Combined Pesticide Law.

2. The State Board of Agriculture shall promulgate rules and

standards for the application, use or sale of pesticides, rules for

pesticide registration, standards for contracts and recordkeeping,

work performance, prescribe standards for the licensing of

application of pesticides, issuing pesticide dealer permits,

certification, recertification procedures, and storing and disposal

of pesticide and pesticide containers.

3. The Board shall, to the extent practical, create uniformity

between the requirements of Oklahoma and those prescribed by the

Federal Insecticide, Fungicide, and Rodenticide Act.

4. The Board is empowered to cooperate with and negotiate

reciprocal agreements with the federal government or any state, or

any department or agency of either for the purpose of fulfilling the

intent of this section and securing uniformity of rules.

5. The Board may inspect any work, records, or contracts of

each applicator, manufacturer, or dealer to determine whether or not

the work is performed according to the provisions of this section or

rules promulgated thereunder.

6. For the purpose of securing uniformity of rules, no city,

town, county, or other political subdivision of this state shall

adopt or continue in effect any ordinance, rule, regulation, or

statute regarding pesticide sale or use that is more stringent than

the rules of the Board, including, but not limited to, registration,

notification, posting, advertising and marketing, distribution,

applicator training and certification, storage, transportation,

disposal, disclosure of confidential information, or product

composition.

7. The Board may take samples of pesticide materials in order

to determine their concentration or residue level. If the Board

finds that such samples are not within established standards, the

Board’s finding shall be considered prima facie evidence that a

violation has occurred.

a. The concentration of an active ingredient for a

pesticide concentrate shall not exceed or be less than

the concentration of active ingredient stated on the

pesticide label by more or less than the tolerance for

active ingredient concentration specified by this

paragraph. Concentrations above or below the

established tolerance shall be prima facie evidence

that a pesticide is adulterated or misbranded:

(1) pesticides with a stated concentration of active

ingredient less than fifty-one-hundredths of one

percent (0.51%) shall not exceed one hundred

fifty percent (150%) or fail to meet eighty

Oklahoma Statutes - Title 2. Agriculture Page 129

percent (80%) of the stated active ingredient on

the pesticide label when analyzed,

(2) pesticides with a stated concentration of active

ingredient not less than fifty-one-hundredths of

one percent (0.51%) and not more than one percent

(1%) shall not exceed one hundred forty percent

(140%) or fail to meet eighty-five percent (85%)

of the stated active ingredient on the pesticide

label when analyzed,

(3) pesticides with a stated concentration of active

ingredient not less than one and one-hundredths

of one percent (1.01%) and not more than five

percent (5%) shall not exceed one hundred forty

percent (140%) or fail to meet ninety percent

(90%) of the stated active ingredient on the

pesticide label when analyzed,

(4) pesticides with a stated concentration of active

ingredient not less than five and one-hundredths

of one percent (5.01%) and not more than ten

percent (10%) shall not exceed one hundred thirty

percent (130%) or fail to meet ninety-two percent

(92%) of the stated active ingredient on the

pesticide label when analyzed,

(5) pesticides with a stated concentration of active

ingredient not less than ten and one-hundredths

of one percent (10.01%) and not more than fifty

percent (50%) shall not exceed one hundred

twenty-five percent (125%) or fail to meet

ninety-four percent (94%) of the stated active

ingredient on the pesticide label when analyzed,

and

(6) pesticides with a stated concentration of active

ingredient not less than fifty and one-hundredths

of one percent (50.01%) and more than one hundred

percent (100%) shall not exceed one hundred

fifteen percent (115%) or fail to meet ninety-six

percent (96%) of the stated active ingredient on

the pesticide label when analyzed.

b. The concentration of an active ingredient for a

pesticide concentrate in fertilizer and pesticide

mixtures, pressed blocks and nonuniform baits shall

not be less than the concentration of active

ingredient stated on the pesticide label for the

tolerance for active ingredient concentration

specified by this paragraph. Concentrations below the

established tolerance shall be prima facie evidence

that a pesticide is adulterated or misbranded:

Oklahoma Statutes - Title 2. Agriculture Page 130

(1) when the stated concentration of active

ingredient on the pesticide label is less than

one and twenty-six-hundredths of one percent

(1.26%), the minimum amount of active ingredient

shall be at least sixty-seven percent (67%) of

the stated concentration on the pesticide label

when analyzed,

(2) when the stated concentration of active

ingredient on the pesticide label is not less

than one and twenty-six-hundredths of one percent

(1.26%) or more than five percent (5%), the

minimum amount of active ingredient shall be at

least eighty percent (80%) of the stated

concentration on the pesticide label when

analyzed, and

(3) when the stated concentration of active

ingredient on the pesticide label is more than

five percent (5%), the minimum amount of active

ingredient shall be at least eighty-five percent

(85%) of the stated concentration on the

pesticide label when analyzed.

c. The concentration of an active ingredient for a

pesticide concentrate in rotenone, pyrethrin and other

natural product formulations shall not be less than

the concentration of active ingredient stated on the

pesticide label for the tolerance for active

ingredient concentration specified by this paragraph.

Concentrations below the established tolerance shall

be prima facie evidence that a pesticide is

adulterated or misbranded:

(1) when the stated concentration of active

ingredient on the pesticide label is less than

fifty-one-hundredths of one percent (0.51%), the

minimum amount of active ingredient shall be at

least seventy percent (70%) of the stated

concentration on the pesticide label when

analyzed,

(2) when the stated concentration of active

ingredient on the pesticide label is not less

than fifty-one-hundredths of one percent (0.51%)

or more than one and twenty-five-hundredths of

one percent (1.25%), the minimum amount of active

ingredient shall be at least eighty percent (80%)

of the stated concentration on the pesticide

label when analyzed, and

(3) when the stated concentration of active

ingredient on the pesticide label is more than

Oklahoma Statutes - Title 2. Agriculture Page 131

one and twenty-five-hundredths of one percent

(1.25%), the minimum amount of active ingredient

shall be at least eighty-five percent (85%) of

the stated concentration on the pesticide label

when analyzed.

d. The concentration of an active ingredient for a

pesticide tank mix, as stated by the applicator and

allowed by the pesticide label, shall not exceed or be

less than the concentration of active ingredient

stated by more or less than the tolerance for active

ingredient concentration specified by this paragraph.

Concentrations above or below the established

tolerance shall be prima facie evidence of a use

unsuitable, unsafe or inconsistent with its label or

labeling. No pesticide shall be formulated into a

tank mix at a concentration in excess of or below that

permitted by the pesticide label without written

approval from an authorized agent of the Oklahoma

Department of Agriculture, Food, and Forestry:

(1) when the stated concentration or that allowed by

the pesticide label is less than fifty-one-

hundredths of one percent (0.51%), the minimum

amount of active ingredient in the tank mix shall

be at least sixty percent (60%) and not more than

one hundred fifty percent (150%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(2) when the stated concentration or that allowed by

the pesticide label is not less than fifty-one-

hundredths of one percent (0.51%) and not more

than one percent (1%), the minimum amount of

active ingredient in the tank mix shall be at

least seventy percent (70%) and not more than one

hundred forty percent (140%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(3) when the stated concentration or that allowed by

the pesticide label is not less than one and one-

hundredths of one percent (1.01%) and not more

than five percent (5%), the minimum amount of

active ingredient in the tank mix shall be at

least eighty percent (80%) and not more than one

hundred forty percent (140%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(4) when the stated concentration or that allowed by

the pesticide label is not less than five and

Oklahoma Statutes - Title 2. Agriculture Page 132

one-hundredths of one percent (5.01%) and not

more than ten percent (10%), the minimum amount

of active ingredient in the tank mix shall be at

least eighty-four percent (84%) and not more than

one hundred thirty percent (130%) of the stated

concentration or that allowed by the pesticide

label when analyzed,

(5) when the stated concentration or that allowed by

the pesticide label is not less than ten and one-

hundredths of one percent (10.01%) and not more

than fifty percent (50%), the minimum amount of

active ingredient in the tank mix shall be at

least eighty-eight percent (88%) and not more

than one hundred twenty-five percent (125%) of

the stated concentration or that allowed by the

pesticide label when analyzed, and

(6) when the stated concentration or that allowed by

the pesticide label is not less than fifty and

one-hundredths of one percent (50.01%) and not

more than one hundred percent (100%), the minimum

amount of active ingredient in the tank mix shall

be at least ninety-two percent (92%) and not more

than one hundred fifteen percent (115%) of the

stated concentration or that allowed by the

pesticide label when analyzed.

e. The State Board of Agriculture may promulgate, by

rule, maximum and minimum concentrations or thresholds

for the other concentrate of pesticides in products,

or soil residues.

B. If registered by the United States Environmental Protection

Agency, registered in Oklahoma, and used in accordance with all

requirements as prescribed by the product label, any borate-based

pesticide for termite control may be applied as a stand-alone

termite treatment.

C. Authorized agents of the Board shall have the authority to

issue notices of violation, citations, compliance orders, stop

sales, or stop work orders to those persons committing violations of

the laws or rules relating to pesticides or pesticide application in

this state.

D. 1. Examinations of pesticides or devices shall be made

under the direction of the Board for the purpose of determining if

there has been compliance with the requirements of this section.

2. If it appears from examination that a pesticide or device

fails to comply with the provisions of this section, and the Board

contemplates instituting administrative proceedings against any

person, the Board shall cause notice and an opportunity for a

Oklahoma Statutes - Title 2. Agriculture Page 133

hearing given to the person pursuant to the Administrative

Procedures Act.

E. 1. Any pesticide or device distributed, sold, or offered

for sale within this state or delivered for transportation or

transported in intrastate or interstate commerce may be seized by

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

county of the state where it may be found and if:

a. in the case of a pesticide, it is adulterated or

misbranded, it has not been registered, it fails to

bear on its label the required information, or it is a

white powder pesticide and it is not colored as

required, or

b. in the case of a device, it is misbranded.

2. If the pesticide or device is condemned it shall, after

entry of decree or judgment of a district court, be disposed of by

destruction or sale as the court may direct. If the article is

sold, the proceeds, less court costs, shall be paid to the State

Department of Agriculture Revolving Fund.

3. The court shall not order the sale or disposal of a

condemned pesticide or device in a manner which would be a violation

of this section or rules promulgated thereto.

4. The person or entity directed to dispose or sell the

condemned pesticide or device shall do so in a manner that complies

with the order of the district court and this section and rules

promulgated thereto.

5. The court may direct that the pesticide or article be

delivered to the owner for relabeling or reprocessing.

6. If there is a person who is successful in intervening as

claimant of the pesticide or device, when a decree of judgment of

condemnation is entered against the pesticide or device, court

costs, fees, storage, and other proper expenses shall be awarded

against such claimant.

F. The Board may, by publication in a manner as it may

prescribe, give notice of all judgments entered in action,

instituted under its authority.

G. All authority vested in the Board shall with like force and

effect be executed by its officers, employees, and authorized

agents.

H. EXCEPTION – The fines provided for violations may not apply

to:

1. Any carrier while lawfully engaged in transporting a

pesticide within this state, if the carrier permits the Board upon

request to copy all records showing the transaction in and movement

of the pesticide and devices involved;

2. Public officials of this state and of the federal government

engaged in the performance of official duties;

Oklahoma Statutes - Title 2. Agriculture Page 134

3. The manufacturer or shipper of a pesticide or device for

experimental use only, by or under the supervision of an agency of

this state or of the federal government authorized by law to conduct

research in the field of pesticides or devices, or by others if the

pesticide or the device is not sold or if the container is plainly

and conspicuously marked “for experimental use only - not to be

sold”, together with the manufacturer’s name and address, if a

written permit has been obtained from the Board. Pesticides or

devices may be sold for experimental purposes subject to

restrictions set forth in the permit; and

4. Pesticides and devices intended solely for export to a

foreign country, and prepared or packed according to the

specifications or directions of the purchaser. If not exported, all

of the provisions of this section shall apply.

I. 1. The Department of Environmental Quality shall have

environmental jurisdiction over:

a. commercial manufacturers of fertilizers, grain and

feed products, and chemicals, and over manufacturing

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

wood, textile mill and other agricultural products,

b. slaughterhouses, but not including feedlots at these

facilities, and

c. aquaculture and fish hatcheries, including, but not

limited to, discharges of pollutants and storm water

to waters of the state, surface impoundments and land

application of wastes and sludge, and other pollution

originating at these facilities; and

2. 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.

J. This section shall not prevent any political subdivision

from complying with any applicable federal law or regulation. A

political subdivision which takes any action prohibited by this

title in order to comply with federal requirements shall notify the

Board of its compliance plan prior to taking any action. The Board

may assist the political subdivision in complying with federal

requirements necessary to carry out the policy of this section. The

Board may permit a political subdivision to impose standards more

stringent than required by the Board if necessary for the political

subdivision to comply with federal requirements.
Okla. Stat. tit. 2, § 2-7-416 — OK Code / Title 2 / Section 2-7-416
Milk and Milk Products Inspection Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

to be known as the "Milk and Milk Products Inspection Revolving

Fund". The fund shall be a continuing fund not subject to fiscal

year limitations and is appropriated and may be budgeted and

expended by the Commissioner of Agriculture for the purpose of

Oklahoma Statutes - Title 2. Agriculture Page 383

administering and enforcing the Oklahoma Milk and Milk Products Act.

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.
Okla. Stat. tit. 2, § 2-9-205 — OK Code / Title 2 / Section 2-9-205
Renumbered as § 20-7 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-15-79 — OK Code / Title 2 / Section 2-15-79
County free fair association - Conversion and
Status: in_force

establishment to association subject to §§ 15-66 through 15-78 of

this title.

In each county in this state in which there has been established

a county free fair association pursuant to the provisions of

Sections 15-51 through 15-64 of this title, the board of directors

of such fair association may, by resolution, convert and establish

such association into a fair association of the same name which is

subject to the provisions of Sections 15-66 through 15-78 of this

title.
Okla. Stat. tit. 2, § 2-2A-3 — OK Code / Title 2 / Section 2-2A-3
Authority of Board to promulgate rules - Powers of
Status: in_force

Department.

A. The State Board of Agriculture shall have the power and duty

to promulgate rules implementing and effectuating the Oklahoma

Agriculture Pollutant Discharge Elimination System Act. The rules

may incorporate by reference any applicable rules, regulations, and

policies of the United States Environmental Protection Agency

adopted under the federal Clean Water Act. Any rules shall be at

least as stringent as the United States Environmental Protection

Agency regulations and policies, including, but not limited to,

rules that:

1. Allow the inclusion of technology-based effluent limitations

and require water-quality-related effluent limitations in

Agriculture Pollutant Discharge Elimination System permits to the

extent necessary to protect the designated and existing beneficial

uses of the waters of the state and to comply with the requirements

of the federal Clean Water Act;

2. Apply applicable national standards of performance

promulgated pursuant to Section 306 of the federal Clean Water Act

in establishing terms and conditions of Director-issued permits;

3. Develop or assist in development of any effluent limitation

or other limitation, prohibition, or effluent regulation;

4. Ensure that the public and any other state whose waters may

be affected receive notice of each application for a discharge

permit;

5. Ensure that any state whose waters may be affected by the

activities allowed by a proposed permit may submit written

recommendations on the application to the Department. The rules

shall provide that if the recommendations or any parts thereof are

not incorporated, the Department will notify the affected state in

writing and shall provide the reasons therefor;

6. Establish a fee schedule to implement the provisions of the

Oklahoma Agriculture Pollutant Discharge Elimination System Act;

7. Establish management standards for sludge which are no less

stringent than applicable federal regulations; and

8. Establish procedures and requirements necessary to ensure

compliance with applicable federal laws.

B. The Department shall have authority to:

Oklahoma Statutes - Title 2. Agriculture Page 71

1. Require the owner or operator of any system for the

treatment, storage, discharge, or transport of pollutants to:

a. establish, maintain, and submit plans, specifications,

records, and other data relative to disposal systems

or any part thereof, in connection with the issuance

of discharge permits or in connection with any permit,

purposes, or requirements of the Oklahoma Agriculture

Pollutant Discharge Elimination System Act,

b. make reports, to install, calibrate, use, and maintain

monitoring equipment or methods including biological

monitoring methods,

c. take samples of effluents in the manner as may be

prescribed, and

d. provide other information as may be reasonably

required;

2. Take all actions that may be necessary or incidental to

implement and maintain a pollutant discharge permit program and

sludge program, including the authority to assume and obtain

authorization to implement and maintain a portion of the National

Pollutant Discharge Elimination System state permit program and a

state sludge program pursuant to Section 402 and other provisions of

the federal Clean Water Act and other applicable federal law. The

Director may issue permits for the discharge of pollutants and storm

water from facilities and activities within the areas of

environmental jurisdiction of the Department specified in Section 1-

3-101 of Title 27A of the Oklahoma Statutes;

3. Take necessary and appropriate actions to revoke, modify,

refuse to renew, suspend, place on probation, reinstate, or

otherwise administer and enforce discharge permits and sludge

permits issued by the United States Environmental Protection Agency

which are transferred to the Department upon federal authorization

of the Agriculture Pollutant Discharge Elimination System program of

the Department; and

4. Exercise all necessary incidental powers which are necessary

and proper to carry out the purposes of the Oklahoma Agriculture

Pollutant Discharge Elimination System Act and to comply with the

requirements of the federal Clean Water Act and the requirements of

the United States Environmental Protection Agency regulations

promulgated thereunder.
Okla. Stat. tit. 2, § 2-11-99 — OK Code / Title 2 / Section 2-11-99
Cancellation, revocation and reissuance of license -
Status: in_force

Penalties.

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

may suspend, cancel, revoke, or refuse reissuance of a scrap metal

dealer license after the person has an opportunity for public

Oklahoma Statutes - Title 2. Agriculture Page 513

hearing pursuant to the Administrative Procedures Act for any of the

following causes:

1. Engages in fraud or deceit in obtaining or renewing a

license;

2. Acts as a scrap metal dealer in this state without a

license;

3. Aids or abets another person in acting as a scrap metal

dealer without a license; or

4. Violates any of the provisions of the Oklahoma Scrap Metal

Dealers Act.

B. After notice and opportunity for a hearing in accordance

with the Administrative Procedures Act, if the Department finds any

person in violation of the Oklahoma Scrap Metal Dealers Act or any

rule promulgated or order issued pursuant thereto, the Department

shall have the authority to assess an administrative penalty of not

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

Thousand Dollars ($10,000.00) for each violation. Each action or

each day a violation continues may constitute a separate and

distinct violation.

C. In addition to penalties and fines, the Department shall

have authority to apply to district court and obtain a temporary or

permanent injunction against anyone who violates the Oklahoma Scrap

Metal Dealers Act and shall have authority to obtain or impose civil

monetary penalties on anyone who violates the Oklahoma Scrap Metal

Dealers Act.

D. Nothing in the Oklahoma Scrap Metal Dealers Act shall

preclude the Department from seeking penalties in district court in

the maximum amount allowed by law. The assessment of penalties in

an administrative enforcement proceeding shall not prevent the

subsequent assessment by a court of the maximum civil or criminal

penalties for violations of the Oklahoma Scrap Metal Dealers Act and

rules promulgated pursuant thereto.

E. Any person assessed an administrative or civil penalty may

be required to pay, in addition to the penalty amount and interest

thereon, attorney fees and costs associated with the collection of

the penalties.

F. If any person refuses, denies or interferes with any right

of access, the Department shall have the right to apply to and

obtain from a district court an administrative or other warrant as

necessary to enforce the right of access and inspection.

G. If the Department finds any person operating as a scrap

metal dealer without a license, the Department shall have the

authority to tag as "Not For Commercial Use" any weight or measure

utilized by the scrap metal dealer.
Okla. Stat. tit. 2, § 2-20-52 — OK Code / Title 2 / Section 2-20-52
Investigations and inspections
Status: in_force

A. The State Board of Agriculture or its authorized agents are

empowered to enter upon the premises of any animal feeding operation

for the purpose of investigating complaints as to the operation or

to determine whether there are any violations of the Oklahoma

Concentrated Animal Feeding Operations Act. The Department shall

make at least one unannounced inspection per year of every animal

feeding operation licensed pursuant to the Oklahoma Concentrated

Animal Feeding Operations Act.

B. 1. The Board shall promulgate standard precautions for the

prevention of the transmission of communicable diseases to humans

and animals to be used by employees of the Department of

Agriculture, Food, and Forestry when inspecting animal feeding

operations pursuant to their official duties specified by the

Oklahoma Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto.

2. Except for emergency situations or when enforcement of the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act requires the use of the standard precautions as promulgated by

the Board pursuant to paragraph 1 of this subsection, Department

Oklahoma Statutes - Title 2. Agriculture Page 734

employees shall observe the health standards and sanitary

requirements of the facility.

C. The Board shall maintain necessary records and undertake

such studies, investigations and surveys for the proper

administration of the Oklahoma Concentrated Animal Feeding

Operations Act.
Okla. Stat. tit. 2, § 2-1516 — OK Code / Title 2 / Section 2-1516
Renumbered as § 18-196 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1850.3 — OK Code / Title 2 / Section 2-1850.3
Renumbered as § 18-242 of this title by Laws 2001, c
Status: in_force

146, § 266, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-2005 — OK Code / Title 2 / Section 2-2005
Administration of program - Rules - Advisory committee
Status: in_force

A. The State Board of Career and Technology Education shall administer this

program with present personnel and shall not hire any new employees to assist in

administering this act.

B. The State Board of Career and Technology Education shall adopt rules

pertaining to this act which shall take into consideration the special knowledge

that farmers and ranchers already possess through practical experience and design

courses that will expedite the learning of a skill and the opportunity for self-

employment or job placement, and shall waive any tuition due from any approved

applicant.

C. There is hereby created the Advisory Committee on Agricultural Employment

Retraining to be composed of the following six (6) members who shall serve without

per diem expenses or travel reimbursement on an advisory basis to the State Board

of Career and Technology Education regarding this act as follows:

1. Two members shall be appointed by the Governor;

2. Two members shall be appointed by the Speaker of the House of

Representatives; and

3. Two members shall be appointed by the President Pro Tempore of the

Senate.

D. The Advisory Committee on Agricultural Employment Retraining will also

recommend individuals for this program who have a financial hardship and could

possibly save their farm or ranch from bankruptcy or foreclosure by learning a new

skill. The Advisory Committee recommendations shall be forwarded to the State

Board of Career and Technology Education for final consideration.
Okla. Stat. tit. 2, § 2-8-85.4 — OK Code / Title 2 / Section 2-8-85.4
Labeling
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 423

A. Each container of a soil amendment shall be labeled on the

face or display side in a readable and conspicuous form to show the

following information:

1. The net weight of the contents;

2. The name of the product;

3. The guaranteed analysis;

4. A statement as to the purpose of the product;

5. Adequate directions for use; and

6. The name and address of the registrant.

B. Bulk lots shall be labeled by attaching a copy of the label

to the invoice that shall be furnished to the purchaser.

C. The State Board of Agriculture may require proof of claims

made for any soil amendment. If no claims are made, the Board may

require proof of usefulness and value of the soil amendment. For

evidence of proof the Board may rely on experimental data,

evaluations, or advice supplied from sources including but not

limited to the Director of the Agricultural Experiment Station. The

experimental design shall be related to Oklahoma conditions for

which the product is intended. The Board may accept or reject other

sources of proof as additional evidence in evaluating soil

amendments.

D. No soil amending ingredient may be listed or guaranteed on

the labels or labeling of soil amendments without Board approval.

E. The Board may allow a soil amending ingredient to be listed

or guaranteed on the label or labeling if satisfactory supportive

data is provided the Board to substantiate the value and usefulness

of the soil amending ingredients. The Board may rely on outside

sources including but not limited to the Director of the

Agricultural Experiment Station for assistance in evaluating the

data submitted.

F. If the Board approves the listing of guarantee of a soil

amending ingredient, it shall be subject to inspection and analysis.

G. The Board may prescribe methods and procedures of inspection

and analysis of the soil amending ingredient. The Board may

stipulate, by rule, the quantities of the soil amending ingredient

or soil amending ingredients required in soil amendments.
Okla. Stat. tit. 2, § 2-32 — OK Code / Title 2 / Section 2-32
Renumbered as § 15-2 of this title by Laws 2001, c. 146, §
Status: in_force

267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-69 — OK Code / Title 2 / Section 2-15-69
Control of fair and expenditures by board of directors -
Status: in_force

Annual budget - Township or district fairs and junior fat stock

shows in certain counties.

A. The board of directors is hereby vested with:

1. Control of the fair;

2. The expenditure of all money levied and collected for the

purpose of conducting the fair; and

3. The power and authority to do all acts and things necessary

in the conduct of the fair and the management of its fiscal affairs.

B. The board shall prepare an annual budget for the fair, which

shall be published according to the law provided for budget

publications. The board shall file the annual budget with the

county clerk of each of the member counties.

Oklahoma Statutes - Title 2. Agriculture Page 553

C. 1. The provisions of this section shall also apply to

livestock shows, community and district fairs, and other

agricultural shows authorized by the board of directors.

2. In counties having a population of more than fifty-five

thousand (55,000), according to the 1940 Federal Decennial Census

and in and for which county no state fair is provided by statute, it

shall be the duty of the board of directors to:

a. hold in addition to the county fair one or more

township fairs, and/or district fairs within such

county,

b. designate the place and time for holding the fairs,

and

c. hold within such county, in addition to the fairs, a

junior fat stock show with premiums the same as a fair

at an appropriate time during the spring months for

the purpose of encouraging the youth of such county in

the breeding and feeding of fat hogs, cattle, sheep

and other livestock.
Okla. Stat. tit. 2, § 2-15-163 — OK Code / Title 2 / Section 2-15-163
Violations - Punishment
Status: in_force

Each officer, owner, or manager of any carnival company or show,

who willfully fails to cause bond and certificate to be filed as

provided by Section 15-161 of this title, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be fined in the sum

Oklahoma Statutes - Title 2. Agriculture Page 577

of not less than Fifty Dollars ($50.00) nor more than Two Hundred

Dollars ($200.00).
Okla. Stat. tit. 2, § 2-10-71 — OK Code / Title 2 / Section 2-10-71
Definitions
Status: in_force

As used in this subarticle:

1. “Ambient temperature” means the atmospheric temperature

surrounding or encircling shell eggs;

2. “Case” means thirty (30) dozen eggs or any container

designed to hold thirty (30) dozen eggs;

3. “Consumer” means any person using eggs for food and

including, but not limited to, restaurants, hotels, cafeterias,

hospitals, state institutions, or any other establishment serving

food to be consumed on the premises. The term “consumer” shall not

Oklahoma Statutes - Title 2. Agriculture Page 485

include the armed forces or any other federal agency or institution

where federal egg grade certificates are issued;

4. “Container” means any receptacle or packaging in which eggs

are dispensed to consumers;

5. “Dealer” means any person engaged in the wholesale marketing of

eggs. A dealer may also sell eggs to the consumer but shall not be

considered a retailer;

6. “Eggs” means raw eggs in the shell that are the product of

the domesticated chicken or egg products manufactured from raw eggs

and intended for human consumption;

7. “Expiration date” means the date the eggs are to be removed

from sale;

8. “Pack-date” means the date that the eggs were placed in the

container;

9. “Packer” means any person who grades or packs eggs for sale

to dealers, retailers, or consumers within the state. A packer may

sell eggs to consumers but shall not be considered a dealer;

10. “Processor” means any person who operates a plant for the

purpose of breaking or boiling eggs for liquid, freezing, drying, or

commercial food manufacturing; and

11. “Retailer” means any person who sells eggs to a consumer.
Okla. Stat. tit. 2, § 2-131.5 — OK Code / Title 2 / Section 2-131.5
Renumbered as § 15-115 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-10-9.21 — OK Code / Title 2 / Section 2-10-9.21
Suspension, cancellation, denial or revocation of
Status: in_force

certificate.

A. Any certificate issued pursuant to the Oklahoma Poultry

Waste Applicators Certification Act may be suspended, canceled,

denied, or revoked by the Oklahoma Department of Agriculture, Food,

and Forestry after notice and an opportunity to be heard has been

given to the holder of the certificate.

B. Suspension, cancellation, denial or revocation of a

certificate may be made if the Department finds the holder of the

certificate:

1. Has used methods of poultry waste not suitable or safe for

the land-application site for which they shall have been employed;

2. Has failed or refused to furnish the Oklahoma Department of

Agriculture, Food, and Forestry, upon request, true information

regarding methods and safety measures used, work performed, or other

information deemed essential by the Department, or has made any

false statement or representation in such person's application for

issuance or renewal of a certificate;

3. Has violated any state law, rule, or standard prescribed or

order issued by the State Board of Agriculture;

4. Has failed or refused to file annual reports as specified in

the Oklahoma Poultry Waste Applicators Certification Act;

5. Has failed to perform work according to minimum standards

authorized by the Oklahoma Poultry Waste Applicators Certification

Act;

6. Has acted, operated, done business, or advertised as a

commercial applicator without having obtained a valid certificate

issued by the Department;

7. Has acted or operated as a private applicator without having

obtained a valid private poultry waste applicator certificate issued

by the Department;

8. Has not complied with the education provisions of subsection

F of Section 10-9.5 of this title; or

9. Has been convicted in any court of a violation of the

Oklahoma Poultry Waste Applicators Certification Act.
Okla. Stat. tit. 2, § 2-14-38 — OK Code / Title 2 / Section 2-14-38
Definitions - Unlawful acts
Status: in_force

A. For the purposes of this section:

1. "Advertised price" means the price of a consumer item which

price a store has caused to be disseminated by means of promotional

methods such as an in-store sign, newspaper, circular, television,

radio advertising, or other means;

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

3. "Computer-assisted checkout system" means any electronic

device, computer system, or machine which determines the selling

price of a consumer item by interpreting the UPC of the consumer

item, or any other use of a similar price look-up function;

4. "Commissioner" means the Commissioner of the Department of

Agriculture, Food, and Forestry;

5. "Consumer item" means each item being offered or exposed for

sale;

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

Food, and Forestry;

7. "Inspector" means an authorized representative of the

Oklahoma Department of Agriculture, Food, and Forestry;

Oklahoma Statutes - Title 2. Agriculture Page 522

8. "Item price" means the tag, stamp, or mark affixed by an

authorized person to a consumer item which sets forth, in Arabic

numerals, the retail price thereof;

9. "Manually entered prices" means any method of determining

the selling price of a consumer item by means other than a computer-

assisted checkout system;

10. "Price look-up function" means the capacity of any checkout

system to determine the retail price of a consumer item by way of

the manual entry into the system of a code number assigned to that

particular consumer item by an inspector or the store or the

checkout operator's consultation of a file maintained at the point

of sale or within the store;

11. "Sale price" means the price of consumer items offered for

sale in good faith at a price below the price for which the consumer

items are usually sold in the store;

12. "Shelf price" means the sign or tag placed by an authorized

person at each point of display which clearly sets forth the retail

price of the consumer item;

13. "Store" means any establishment which offers consumer items

for sale at retail. Each separate building within which consumer

items are offered for sale at retail shall constitute a separate

store location for purposes of this section;

14. "Store-coded item" means the application of a UPC to any

consumer item by that particular store; and

15. "Universal product code" (UPC) means the digital figure

depicted through the use of bars and spaces, typically attached by

the manufacturer or distributor, which may be scanned into the

pricing system of a store.

B. 1. It shall be unlawful for any person to:

a. sell, offer, or expose for sale a quantity less than

the quantity represented,

b. take more than the represented quantity when, as a

buyer, the person furnishes the weight or measure by

means of which the quantity is determined,

c. represent the quantity in any manner calculated or

tending to mislead or in any way deceive another

person, or

d. misrepresent the price of any commodity or service

sold, offered, exposed, or advertised for sale by

weight, measure, or count or represent the price in

any manner calculated or tending to mislead or in any

way deceive a person.

2. It shall be unlawful for a store to charge a retail price

for any consumer item which exceeds the lowest then price in that

store, whether a shelf, sale, advertised, or otherwise publicly

communicated price, of the consumer item.

Oklahoma Statutes - Title 2. Agriculture Page 523

C. Every person, store, firm, partnership, corporation, or

association which sells, offers for sale, or exposes consumer items

for sale at retail within this state shall disclose to the consumer

the item price of the consumer items by:

1. Causing to be conspicuously, clearly, and plainly marked,

stamped, typed, or affixed to the items, the retail price in Arabic

numerals; or

2. Disclosing to the consumer the item price of the consumer

items by causing a shelf price to be posted at the point of display

in Arabic numerals or maintaining a price look-up function for the

consumer items, except for consumer items held in outside storage

and warehouses.

D. 1. If the shelf labels do not conform with the provisions

of this section, the store shall be subject to the following

penalties:

a. for violations discovered upon the first inspection

following any twelve-month period in which no

violation of this section has been found, the store

will receive a Letter of Warning and be placed on an

increased inspection frequency. Stores will remain on

an increased inspection frequency until they have

achieved a twelve-month period in which no violation

of this section has been found,

b. for violations identified in the second inspection

following any twelve-month period within which no such

violations have been found, a penalty in the amount of

Ten Dollars ($10.00) per violation shall be imposed,

but in no event shall the total penalty for all

violations identified at the second inspection exceed

Five Hundred Dollars ($500.00), and

c. for violations identified in a third or subsequent

inspection in a twelve-month period following a

previous violation of this section, the penalties

shall be doubled, up to a maximum of One Thousand

Dollars ($1,000.00) per inspection.

2. Every day a violation is continued shall constitute a

separate violation.

E. For the purpose of determining the compliance of a store

with this section, an inspection shall be conducted of a sample of

no fewer than fifty and no more than three hundred consumer items,

with inspectors typically sampling fifty consumer items for each

cash register that may be operational in a given store using a

computer-assisted checkout system. Inspections for manually entered

prices may consist of sample sizes of no fewer than ten and no more

than fifty items. The sample shall be selected by the inspector

from a cross section of all items offered for sale at the store

inspected.

Oklahoma Statutes - Title 2. Agriculture Page 524

F. 1. For any price accuracy inspection under this section,

the store representative shall afford the inspector access to the

test mode of the computer-assisted checkout system in use at the

store or to a comparable function of the system and to the retail

price information contained in any price look-up system.

2. In a store with a laser scanning or other computer-assisted

checkout system, the inspector shall be permitted, whether through

an agency issued scanner or otherwise, to compare the item, shelf,

sale, or advertised price of any consumer items offered in the

store, not to exceed three hundred consumer items selected from a

cross section of all items offered for sale at the location at any

one inspection, with the programmed computer price. Inspectors

should sample fifty consumer items for each cash register that may

be operational in a given store not to exceed three hundred consumer

items selected from a cross section of all items offered for sale at

the location of that store at any one inspection. The store shall

provide access to its computers as necessary for the inspector to

make the inspection.

G. Undercharges shall not be considered an inaccurately priced

item when calculating price accuracy under this section.

H. Stores on a routine inspection frequency may be inspected

once per six (6) months, depending upon available resources of the

Department. Stores on an increased inspection frequency may be

inspected in sixty-day intervals.

I. Any prior adoption in statute or rule of the Examination

Procedure for Price Verification Handbook 130 issued by the National

Institute of Standards and Technology is revoked. However, the

inspection and testing procedures used by inspectors shall generally

conform to the standards of the then current Handbook 130 issued by

the National Institute of Standards and Technology, specifically

including verification procedures for manually entered prices.

J. Any store found in violation of this section shall be

subject to the penalties specified in this subsection. Each day on

which a violation is continued shall constitute a separate

violation. The failure to accurately price ninety-five percent

(95%) of all consumer items sampled as part of a given inspection

shall be deemed a failed inspection. If the programmed computer

price or manual checkout price, in cases where there is no

programmed computer price, exceeds the shelf, sale, advertised, or

otherwise publicly communicated price of any consumer item, the

store shall be subject to the following penalties:

1. For violations discovered upon the first inspection

following any twelve-month period in which no violation of this

section has been found, the store will receive a Letter of Warning

and be placed on an increased inspection frequency. Stores shall

remain on an increased inspection frequency until they have achieved

Oklahoma Statutes - Title 2. Agriculture Page 525

a twelve-month period in which no violation of this section has been

found;

2. For violations discovered upon the second inspection

following any twelve-month period in which no violation of this

section has been found, the store shall pay a penalty of Seventy-

five Dollars ($75.00) for each consumer item which results in an

overcharge or potential overcharge;

3. Third violations discovered within any twelve-month period

will be assessed a one-hundred-fifty-dollar penalty per consumer

item which results in an overcharge or potential overcharge;

4. Fourth violations discovered within any twelve-month period

will be assessed a two-hundred-fifty-dollar penalty per consumer

item which results in an overcharge or potential overcharge;

5. Fifth violations discovered within any twelve-month period

will be assessed a three-hundred-fifty-dollar penalty per consumer

item which results in an overcharge or potential overcharge; and

6. Sixth or subsequent violations within any twelve-month

period will be assessed a five-hundred-dollar penalty per consumer

item which results in an overcharge or potential overcharge, with a

maximum penalty per overcharge of Five Hundred Dollars ($500.00) per

consumer item, regardless of additional violations per inspection

per store location.

K. The provisions of the Oklahoma Small Business Regulatory

Flexibility Act pertaining to waiver or reduction of any

administrative penalty or administrative fine shall not be

applicable to this section and may not be relied upon for a

reduction or deferral or as imposing any procedural prerequisite or

as a defense, respecting actions investigated and/or brought under

this section.

L. Persons primarily engaged in selling lumber and other

building materials classified under Industry Group No. 4441 of the

North American Industrial Classification System (NAICS), except for

national home centers classified under NAICS code 444110, shall be

exempt from this section.

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

promulgate rules as necessary to carry out the purposes of this

section.
Okla. Stat. tit. 2, § 2-3-50.14 — OK Code / Title 2 / Section 2-3-50.14
Commissioner assistance in control of boll weevil
Status: in_force

eradication programs - Use of state-appropriated monies prohibited -

Reimbursement of Department's costs and expenses.

A. The Commissioner, upon the request of the board of

directors, is authorized to assist in the eradication and control of

the boll weevil in this state.

B. State-appropriated monies shall not be a funding source for

activities conducted pursuant to the Boll Weevil Eradication Act.

The Department shall be reimbursed for any costs and expenses

incurred for any assistance provided pursuant to the Boll Weevil

Eradication Act.
Okla. Stat. tit. 2, § 2-2-14.1 — OK Code / Title 2 / Section 2-2-14.1
Seizure and forfeiture of property
Status: in_force

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

may take into possession any vehicle, implement of husbandry,

farming equipment or farm implement and any and all livestock, or

any part thereof, killed, taken, shipped, or possessed in violation

of any provision of the Oklahoma Agricultural Code.

B. In addition to the property described in subsection A of

this section, the following property is also subject to forfeiture

pursuant to this section:

1. Property used in the commission of theft of livestock or in

any manner to facilitate the theft of livestock;

2. The proceeds gained from the commission of theft of

livestock;

3. Personal property acquired with proceeds gained from the

commission of theft of livestock;

4. All conveyances, including aircraft, vehicles or vessels,

and horses or dogs which are used to transport or in any manner to

facilitate the transportation for the purpose of the commission of

theft of livestock;

5. Any items having a counterfeit mark;

6. Any weapon possessed, used or available for use in any

manner during the commission of a theft of livestock within the

State of Oklahoma; and

7. Any computer and its components and peripherals, including

but not limited to the central processing unit, monitor, keyboard,

printers, scanners, software, and hardware, when it is used in the

commission of theft of livestock in this state.

C. The property may be held as evidence until a forfeiture has

been declared or a release ordered. Forfeiture actions under this

section may be brought in district court by the Office of General

Counsel of the Oklahoma Department of Agriculture, Food, and

Forestry as petitioner. At the request of the Commissioner of

Agriculture, the district attorney in the county of venue shall

bring a forfeiture action under this section. Provided, in the

event the Department or the district attorney elects not to file an

action, or fails to file an action within ninety (90) days of the

date of the seizure of the equipment, the property shall be returned

to the owner.

D. Notice of seizure and intended forfeiture proceeding shall

be filed in the office of the clerk of the district court for the

county where the property is seized and shall be given to all owners

Oklahoma Statutes - Title 2. Agriculture Page 54

and parties in interest. Notice shall be given according to one of

the following methods:

1. Upon each owner or party in interest whose right, title, or

interest is of record in the Oklahoma Tax Commission or with the

county clerk for filings under the Uniform Commercial Code, served

in the manner of service of process in civil cases prescribed by

Section 2004 of Title 12 of the Oklahoma Statutes;

2. Upon each owner or party in interest whose name and address

is known, served in the manner of service of process in civil cases

prescribed by Section 2004 of Title 12 of the Oklahoma Statutes; or

3. Upon all other owners, whose addresses are unknown, but who

are believed to have an interest in the property by one publication

in a newspaper of general circulation in the county where the

seizure was made.

E. Within sixty (60) days after the mailing or publication of

the notice, the owner of the property and any other party in

interest or claimant may file a verified answer and claim to the

property described in the notice of seizure and of the intended

forfeiture proceeding.

F. If at the end of sixty (60) days after the notice has been

mailed or published there is no verified answer on file, the

district court shall hear evidence upon the fact of the unlawful use

and may order the property forfeited to the state, if proven.

G. If a verified answer is filed, the forfeiture proceeding

shall be set for hearing. At the hearing, the petitioner shall

prove by a preponderance of the evidence that property was used in

the attempt or commission of an act specified in subsection A of

this section or is property described in subsection B of this

section with knowledge by the owner of the property.

H. The claimant of any right, title, or interest in the

property may prove the lien, mortgage, or conditional sales contract

to be bona fide and that the right, title, or interest created by

the document was created without any knowledge or reason to believe

that the property was being, or was to be, used for the purpose

charged.

I. In the event of such proof, the district court may order the

property released to the bona fide or innocent owner, lienholder,

mortgagee, or vendor if the amount due the person is equal to, or in

excess of, the value of the property as of the date of the seizure,

it being the intention of this section to forfeit only the right,

title, or interest of the purchaser, except for items bearing a

counterfeit mark or used exclusively to manufacture a counterfeit

mark.

J. If the amount due to the person is less than the value of

the property, or if no bona fide claim is established, the property

may be forfeited to the state and may be sold pursuant to judgment

of the court, as on sale upon execution, and as provided in Section

Oklahoma Statutes - Title 2. Agriculture Page 55

2-508 of Title 63 of the Oklahoma Statutes, except as otherwise

provided for by law and for property bearing a counterfeit mark

which shall be destroyed.

K. Property taken or detained pursuant to this section shall

not be repleviable, but shall be deemed to be in the custody of the

petitioner or in the custody of the law enforcement agency. Except

for property required to be destroyed pursuant to the Trademark

Anti-Counterfeiting Act, the petitioner shall release the property

to the owner of the property if it is determined that the owner had

no knowledge of the illegal use of the property or if there is

insufficient evidence to sustain the burden of showing illegal use

of the property. If the owner of the property stipulates to the

forfeiture and waives the hearing, the petitioner may determine if

the value of the property is equal to or less than the outstanding

lien. If the lien exceeds the value of the property, the property

may be released to the lien holder. Property which has not been

released by the petitioner shall be subject to the orders and

decrees of the court or the official having jurisdiction thereof.

L. The petitioner, or the law enforcement agency holding

property, shall not be held civilly liable for having custody of the

seized property or proceeding with a forfeiture action as provided

for in this section.

M. Attorney fees shall not be assessed against the state or the

petitioner for any actions or proceeding pursuant to this section.

N. The proceeds of the sale of any property shall be

distributed as follows, in the order indicated:

1. To the bona fide or innocent purchaser, conditional sales

vendor, or mortgagee of the property, if any, up to the amount of

that person’s interest in the property, when the court declaring the

forfeiture orders a distribution to the person;

2. To the payment of the actual reasonable expenses of

preserving the property; and

3. The balance shall be distributed as follows:

a. two-thirds (2/3) of the amount to the Agriculture

Evidence and Law Enforcement Fund, and

b. one-third (1/3) to the district attorney of the county

wherein the property was seized for the victim-witness

fund, a reward fund, or the evidence fund. If the

petitioner is not the district attorney, then the one-

third (1/3) which would have been designated to that

office shall be distributed to the Agriculture

Evidence and Law Enforcement Fund.

O. Monies distributed into the fund from forfeitures initiated

under this section by the district attorney shall be limited to a

balance of One Hundred Thousand Dollars ($100,000.00) at any one

time. Any amount in excess of these figures shall be placed in the

Agriculture Revolving Fund.

Oklahoma Statutes - Title 2. Agriculture Page 56

P. If the district court finds that the property was not used

in the attempt or commission of an act specified in subsection A of

this section and was not property subject to forfeiture pursuant to

subsection B of this section and is not property bearing a

counterfeit mark, the Board or the court shall order the property

released to the owner as the right, title or interest appears on

record in the Oklahoma Tax Commission as of the seizure.

Q. No vehicle, airplane, or vessel used by a person as a common

carrier in the transaction of business as a common carrier shall be

forfeited pursuant to the provisions of this section unless it is

proven that the owner or other person in charge of the conveyance

was a consenting party or privy to the attempt or commission of an

act specified in subsection A or B of this section. No property

shall be forfeited pursuant to the provisions of this section by

reason of any act or omission established by the owner thereof to

have been committed or omitted without the knowledge or consent of

the owner, and by any person other than the owner while the property

was unlawfully in the possession of a person other than the owner in

violation of the criminal laws of the United States or of any state.

R. Whenever any property is forfeited pursuant to this section,

the district court having jurisdiction of the proceeding may order

that the forfeited property may be retained for its official use by

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

district attorney.
Okla. Stat. tit. 2, § 2-20-18 — OK Code / Title 2 / Section 2-20-18
Duties of owners and operators – Nuisance
Status: in_force

A. In addition to any other requirement of the Oklahoma Swine

Feeding Operations Act, swine feeding operations owners and

operators who are granted a swine feeding operations license shall:

1. Provide adequate veterinarian services for detection,

control, and elimination of livestock diseases;

2. Have available for use at all necessary times mechanical

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

3. Provide weather resistant aprons adjacent to all permanently

affixed feed bunks, water tanks, and feeding devices.

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

Oklahoma Swine Feeding Operations Act, operated in compliance with

those standards, and in compliance with the rules promulgated by the

State Board of Agriculture, shall be deemed to be prima facie

evidence that a nuisance does not exist; provided, no swine feeding

operation shall be located or operated in violation of any zoning

regulations.

2. Any swine feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act, operated in compliance with

those standards, and in compliance with rules promulgated by the

Board, that is located on land more than three (3) miles outside the

incorporated limits of any municipality and which is not located

Oklahoma Statutes - Title 2. Agriculture Page 705

within one (1) mile of ten or more occupied residences shall not be

deemed a nuisance unless it is shown by a preponderance of the

evidence that the operation endangers the health or safety of

others.
Okla. Stat. tit. 2, § 2-16-28.2 — OK Code / Title 2 / Section 2-16-28.2
Prescribed burns
Status: in_force

A. 1. The provisions of this section apply to a prescribed

burn.

2. Any owner wishing to set fire to land in order to conduct a

prescribed burn shall comply with the provisions of this section.

B. 1. Within sixty (60) days prior to conducting a prescribed

burn, the owner of the land to be burned shall orally or in writing

notify all landowners whose lands adjoin the owner's land to be

burned.

2. If any landowner is burning on a large, consolidated tract

of land in which there are multiple adjacent owners, only those

owners with adjoining land within one (1) mile of the proposed burn

area must be notified.

3. The owner shall include in the written notice or shall

orally notify the adjoining landowners of the proposed date and

location of the burn and a telephone number where the owner can be

reached for information regarding the prescribed burn.

C. In addition to notification of adjoining property owners

pursuant to subsection B of this section, the owner of the land to

be burned shall complete the prescribed burn notification plan

specified in subsection D of this section and shall submit such plan

to the rural fire department nearest the land to be burned. If the

land to be burned is in a protection area, the owner shall also

submit a copy of the notification plan to the local office or local

representative of the Forestry Division nearest to the land to be

burned.

D. Any person wishing to conduct a prescribed burn shall

complete a Prescribed Burn Notification Plan form, prescribed by the

Oklahoma Department of Agriculture, Food, and Forestry.

The original copy of the form shall be filed with the rural fire

department nearest to the land to be burned. If conducting a

Oklahoma Statutes - Title 2. Agriculture Page 593

prescribed burn within a protection area, a copy of the prescribed

burn notification plan shall be filed with the local office or local

representative of the Forestry Division nearest to the land to be

burned. A copy of the plan shall be retained by the owner of the

land to be burned.

E. 1. Whether the land is located within or outside a

protection area, the owner of the land to be burned shall, within

forty-eight (48) hours of conducting a prescribed burn, notify the

rural fire department receiving a copy of the prescribed burn

notification plan that the prescribed burn will be conducted.

2. Within a protection area, the owner of the land to be burned

shall also, within the time period required by Section 16-28.1 of

this title, notify the local office or local representative of the

Forestry Division receiving a copy of the prescribed burn

notification plan.

F. A prescribed burn conducted pursuant to provisions of this

section shall:

1. Be considered in the public interest and shall not

constitute a public or private nuisance; and

2. Be considered a property right of the property owner if

vegetative fuels are used.

G. 1. Any owner conducting a prescribed burn who is found by a

court of law to have caused damages or injury as a result of

accident or by ordinary negligence shall only be civilly liable for

actual damages resulting from the prescribed burn.

2. Any owner conducting a prescribed burn who is found by a

court of law to have committed gross negligence in conducting the

prescribed burn may be found to be both civilly liable for the

amount of damage done by the fire, and criminally liable pursuant to

paragraph 3 of this subsection.

3. Any owner setting or causing to be set on fire land as

authorized by this section, and as a result of gross negligence

permitting the fire to spread beyond the control of the owner or

beyond the bounds of the owner's land, shall be deemed guilty of a

misdemeanor, and upon conviction thereof, be fined a sum not more

than Five Hundred Dollars ($500.00), or imprisonment in the county

jail for a period not more than six (6) months.
Okla. Stat. tit. 2, § 2-1101 — OK Code / Title 2 / Section 2-1101
Renumbered as § 18-50 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-26 — OK Code / Title 2 / Section 2-8-26
Powers of Board and agents
Status: in_force

The State Board of Agriculture shall have authority:

1. To sample, test, make analysis of, and inspect any

agricultural seed or vegetable seed transported, sold, offered or

exposed for sale within this state for planting purposes, at any

time and place and to any extent necessary to determine whether the

agricultural seed or vegetable seed are in compliance with the

provisions of this subarticle and rules promulgated thereto;

2. To issue and enforce a written or printed "stop-sale" order

to the person or vendor of any agricultural seed or vegetable seed

Oklahoma Statutes - Title 2. Agriculture Page 390

which is in violation of any of the provisions of this subarticle or

rules promulgated thereto; provided, that no "stop-sale" order shall

be issued or attached to any seed without first giving the vendor an

opportunity to comply with the provisions of this subarticle or to

withdraw the seed from sale;

3. To furnish adequate facilities for seed testing and to

employ qualified persons for making the tests;

4. To publish or cause to be published the results of the

examination, analysis, and test of any agricultural or vegetable

seed sampled in accordance with the provisions of this subarticle,

together with any other information that the Board may deem

advisable;

5. To cooperate with the United States Department of

Agriculture in the enforcement of the Federal Seed Act where mutual

understanding is reached by written cooperative agreement;

6. To issue a license to any person upon payment of Twenty-five

Dollars ($25.00) for each license of a retail seed dealer or One

Hundred Dollars ($100.00) for each license of a retail-wholesale

seed dealer to be applied for by each seed dealer upon forms

furnished for that purpose. Out-of-state wholesale and retail seed

dealers who sell or ship agricultural or vegetable seed into this

state shall obtain a license in the same manner. A separate license

shall be required for each place of business. Each license shall

expire on a date to be determined by the Board. Any license issued

under the provisions of this subarticle may be revoked by the Board

upon satisfactory proof that the licensee has violated any of the

provisions of this subarticle or any of the rules;

7. To provide that any person in this state shall have the

privilege of submitting seed samples for test, subject to the

charges made for samples submitted as prescribed in rules

promulgated by the Board;

8. To provide that any agricultural or vegetable seeds sold,

distributed, offered for sale, or exposed for sale in this state,

the person or vendor responsible for labeling and distributing the

seed shall pay an inspection fee of not to exceed eight cents

($0.08) per hundred-pound weight. Every person responsible for

labeling and distributing seed to a retail seed licensee in

Oklahoma, or each retail seed licensee who processes and sells seed

to the consumer on which the inspection fee has not been paid, shall

file not later than the last day of January and July a semiannual

affidavit, setting forth the number of pounds of seed sold for the

preceding six (6) calendar months; and upon filing this statement

shall pay the inspection fee required. Each person labeling and

distributing seed shall keep records required by the Board to

indicate accurately the number of pounds of seed sold;

9. To examine records and to verify the statement of the number

of pounds of seed sold and the inspection fee reported. The form of

Oklahoma Statutes - Title 2. Agriculture Page 391

the statement for reporting and paying the seed inspection fees on a

semiannual basis shall be prescribed in rules of the Board. Failure

to make an accurate statement of the number of pounds of seed sold

and payment of the inspection fee shall be a misdemeanor, and

constitute sufficient cause for the revocation of the person's

Oklahoma Seed License and to take any other appropriate action

provided under the law. An inspection fee penalty of ten percent

(10%) of the amount due or Ten Dollars ($10.00), whichever is

greater, shall be assessed if the semiannual statement is not

submitted when due; and

10. To collect all fees and other money as provided in this

subarticle and deposit the monies in the State Department of

Agriculture Revolving Fund.
Okla. Stat. tit. 2, § 2-16-28.3 — OK Code / Title 2 / Section 2-16-28.3
Oklahoma Controlled Burn Indemnity Fund
Status: in_force

A. There is hereby created within the Oklahoma Conservation

Commission, the “Oklahoma Controlled Burn Indemnity Fund”.

B. The Oklahoma Conservation Commission shall administer the

Oklahoma Controlled Burn Indemnity Fund. The Indemnity Fund shall

be established for the benefit of landowners who perform controlled

Oklahoma Statutes - Title 2. Agriculture Page 594

burns. The Indemnity Fund shall compensate landowners for losses

incurred from a fire that spreads beyond the control of the burner,

except for losses covered by insurance.

C. In order to participate in the Indemnity Fund, the landowner

shall:

1. Work with the local conservation district office and the

Natural Resources Conservation Service of the United States

Department of Agriculture to develop a controlled burn plan based on

the United States Department of Agriculture Natural Resources

Conservation Service guidelines; and

2. At the time of filing the completed plan, provide payment of

One Hundred Dollars ($100.00) to the Conservation Commission.

D. The Conservation Commission shall have authority to invest

the assessments. All proceeds of the investment shall be placed in

the Indemnity Fund. Fifty Thousand Dollars ($50,000.00) from the

interest income for each year on the total proceeds in the Indemnity

Fund shall be paid to the Conservation Commission annually for the

development of controlled burn plans and for administration of the

Indemnity Fund. The balance of the accrued interest each year shall

remain a part of the Indemnity Fund.

E. When a loss is incurred, the landowner shall present a claim

to the Conservation Commission. To verify the claim, the landowner

shall present any evidence required by the Conservation Commission

including, but not limited to, evidence that the landowner strictly

adhered to the plan provided for in subsection C of this section.

All landowner claim payments shall be made by the Conservation

Commission from the Indemnity Fund as soon as practicable and not

later than one (1) year following the date of claim. The price per

acre of land shall be established on the day of the loss and shall

be for the full market value on that day.

F. If there is an insufficient amount of funds in the Indemnity

Fund to cover all claims for a certain year, payments shall be made

on a pro rata basis up to one hundred percent (100%) of the total

loss of each landowner. If payment is not received in the amount of

one hundred percent (100%) of total loss for a certain year, then

additional amounts shall be paid as funds become available in

succeeding years until repayment of one hundred percent (100%) of

total loss is attained. If, at any time, a landowner receives

payment totaling more than one hundred percent (100%) of total loss,

the excess payment shall be returned to the Indemnity Fund within

thirty (30) days. Upon final payment of a claim to a landowner from

the Indemnity Fund, the landowner shall subrogate the interest to

the Conservation Commission in a cause of action against any and all

parties, to the amount of loss that the producer was reimbursed by

the Indemnity Fund.

G. The landowner shall, within sixty (60) days of the date of

loss, present the claim to the Conservation Commission. Landowners

Oklahoma Statutes - Title 2. Agriculture Page 595

may submit a written request to the Conservation Commission for a

sixty-day extension of the filing period, if the landowner can show

that the landowner was not provided notification and reasonable time

to file a claim. If the claim of loss is not presented within the

time and in the manner required, the claim shall be forever barred

and the landowner shall forfeit all rights to remuneration or

payment.

H. If state funds are appropriated to the Indemnity Fund, the

Conservation Commission shall establish the rules and procedures

necessary to ensure that the General Revenue Fund shall be

reimbursed from the assessments in an amount equal to the total

appropriation made to the Indemnity Fund. The reimbursement shall

be made in a timely manner, provided the intents and purposes of

this section to compensate landowners for losses incurred shall not

be adversely affected.

I. The monies deposited in the Indemnity Fund shall at no time

become part of the general budget of any state board, commission, or

agency, except the Conservation Commission.

J. The Executive Director of the Conservation Commission shall

investigate all potential civil action claims against persons for

recovery of any losses paid by the Indemnity Fund.

K. No provision of this section shall preclude any landowner

from conducting a lawful burn without participating in the Oklahoma

Controlled Burn Indemnity Fund.
Okla. Stat. tit. 2, § 2-3-406 — OK Code / Title 2 / Section 2-3-406
Harvest report
Status: in_force

A. At least thirty (30) days prior to harvest, each licensee

shall file a harvest report on a form approved by the Department

that includes:

1. A statement of intended disposition of its industrial hemp

crop; and

2. The harvest date or dates, location and yield of each

variety cultivated within a registered land area.

Oklahoma Statutes - Title 2. Agriculture Page 158

B. A licensee shall notify the Department immediately of any

changes in a reported harvest date by more than five (5) days.
Okla. Stat. tit. 2, § 2-11-42 — OK Code / Title 2 / Section 2-11-42
Penalties
Status: in_force

A. Any person violating the provisions of the Oklahoma

Agriculture Biotechnology Act shall, upon conviction thereof, be

guilty of a misdemeanor and may be punished by a fine of not less

than One Thousand Dollars ($1,000.00) nor more than Ten Thousand

Dollars ($10,000.00). For the purposes of this section, each day

upon which a violation is committed or is permitted to continue

shall be deemed a separate offense.

B. If, after public hearing in accordance with the

Administrative Procedures Act, the State Board of Agriculture shall

find any person to be in violation of any of the provisions of the

Oklahoma Agriculture Biotechnology Act, the Board has the authority

to assess, after notice and hearing, an administrative penalty of

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

Thousand Dollars ($1,000.00) for each violation. For the purpose of

Oklahoma Statutes - Title 2. Agriculture Page 502

this section, each day upon which a violation is committed or is

permitted to continue shall be deemed a separate offense.
Okla. Stat. tit. 2, § 2-3-404 — OK Code / Title 2 / Section 2-3-404
License application – Rules and requirements
Status: in_force

A. A person intending to engage in industrial hemp growth,

cultivation, handling, or processing authorized under the Oklahoma

Industrial Hemp Program shall apply to the Oklahoma Department of

Agriculture, Food, and Forestry for a license prior to planting,

handling, or processing the industrial hemp.

1. The application shall include:

a. the name and address of the applicant,

b. the legal description, global positioning system

location, and map of the land area on which the

applicant will engage in industrial hemp growth and

cultivation operations, handling operations or

processing operations,

c. a statement of intended end use, and

d. a criminal history record check for all key

participants submitted with the initial or renewal

application.

2. By submitting an application, the applicant acknowledges and

agrees that:

a. information provided to the Department may be provided

to law enforcement agencies,

b. the applicant shall allow and fully cooperate with any

inspection and sampling that the Department deems

necessary,

c. the applicant will submit all required reports by the

applicable due dates specified by the Department, and

d. the applicant has the legal right to cultivate, handle

or process industrial hemp on the registered land area

and shall grant the Department access for inspection

and sampling.

B. The Department shall collect a nonrefundable fee from the

applicant at the time of application. The Department shall set a

fee schedule based on the size and use of the land area on which the

licensee will conduct industrial hemp growing or cultivation

operations and shall set the fee at a level sufficient to generate

the amount of monies necessary to cover the Department’s direct

costs in implementing the Oklahoma Industrial Hemp Program. Denied

applications for a license may be resubmitted within a twelve-month

Oklahoma Statutes - Title 2. Agriculture Page 157

period. The Department may waive the fee for resubmitted

applications.

C. A license issued pursuant to this section is valid for one

(1) year. In order to continue engaging in industrial hemp growth

and cultivation operations in Oklahoma, the licensee shall annually

apply for a license in accordance with subsection A of this section.

The Department may set a separate fee schedule for renewal of

existing licenses in good standing.

D. All industrial hemp plant material shall be planted, grown

and harvested under a valid license. Any plant material that is not

harvested in the license period in which it was planted or volunteer

plants that are not destroyed must be declared for inclusion in a

subsequent license.

E. If the licensee wishes to alter the land area on which the

licensee will conduct industrial hemp growth, cultivation, handling

or processing operations within thirty (30) days of any new license,

before altering the area, the licensee shall submit to the

Department and the United States Department of Agriculture Farm

Service Agency an updated legal description, global positioning

system location, and map specifying the proposed alterations.

F. Each licensee shall report any changes to information

provided in the license application within ten (10) days of such

change to the Department and the United States Department of

Agriculture Farm Service Agency.

G. A licensee shall maintain all records pertaining to the

license and growing records for a minimum of three (3) years.

H. The Department shall promulgate rules necessary to implement

the licensing program and to implement the Oklahoma Industrial Hemp

Program.

I. The Department shall promulgate rules to facilitate

transportation of industrial hemp.
Okla. Stat. tit. 2, § 2-15-68 — OK Code / Title 2 / Section 2-15-68
Board of directors - Elections - Meetings
Status: in_force

A. There is hereby constituted a board of directors for the

free fair association.

B. 1. The board of directors shall be composed of nine (9)

members, who shall be by written ballot elected for a term of three

(3) years. Three members shall be elected annually, one from each

county commissioner's district of the counties, at a public meeting

or convention of the qualified electors of each commissioner's

district in the counties.

2. A qualified elector shall be a registered voter of the

county and may only vote for the board members from the district in

which the elector resides. The county commissioner holding the

election may request proof of residency and a voter registration

card of the county to qualify electors.

3. The board of county commissioners shall include in the

publication notice of the election the requirements to be a

qualified voter. Notice of the election shall be given by

publication in a newspaper published in each of the counties for ten

(10) days before the election. Notice of the filing period for the

election shall be given in a newspaper published in the county,

published one time at least ten (10) days before the filing period

for the election.

Oklahoma Statutes - Title 2. Agriculture Page 551

C. The board of county commissioners shall, by resolution, set

forth the following conditions concerning the election:

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

business days and commence in January;

2. The date and time the filing period will commence and end;

3. The date, time and place of the election;

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

a candidate;

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

district or city they seek to represent;

6. Prospective candidates must file with the county clerk; and

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

be used by prospective candidates filing for the position of

director of the fair association board.

D. 1. The date of the election for the fair association board

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

the final day of the filing period. If there is only one candidate

for any of the commissioners' districts, the commissioners may

cancel the election with notice being given by publication and

posting at least ten (10) days prior to the election date previously

established and the candidate shall be deemed to be elected.

2. In the event there is no candidate for the election to the

fair association board of directors, the county commissioners shall

appoint a director for each position for which no candidates have

filed by the close of the filing period. The appointment or

appointments will be announced no later than two (2) weeks from the

closing of the filing period.

3. When a director is unable to fulfill the term to which the

director has been elected to serve, for any reason, the board of

county commissioners shall appoint the successor.

E. 1. At the annual election there shall be elected one (1)

person from each commissioner's district who is a qualified elector

of the district. Each shall serve as a director of the association

for a term of three (3) years, and until a successor is elected or

appointed and qualified.

2. The commissioner or commissioner's designee shall preside at

the meeting and have the authority to appoint a secretary of the

meeting. The commissioner and secretary shall certify to the county

clerk of each of the counties the names of the directors elected,

and the county clerk shall keep a record thereof and shall issue to

each person elected a certificate of election.

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

board of directors, the commissioner or commissioner's designee

shall select the candidate by lot pursuant to the procedures set

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

G. 1. The directors so elected shall meet at the next

regularly scheduled monthly meeting immediately following the

Oklahoma Statutes - Title 2. Agriculture Page 552

elections at the regular meeting place of the counties for the

purpose of organization, and shall elect a president, a vice-

president, a secretary and a treasurer; provided, that the secretary

need not be a member of the board of directors.

2. The treasurer shall furnish a surety bond executed with a

qualified surety company doing business in this state, in such

amount as the directors of the board may determine to be necessary

to indemnify against any loss which may arise by reason of failure

to perform the necessary duties of the office or other misconduct in

office for which the director shall be held liable.

H. Meetings of the directors may be called by the president of

the board or fixed by the board at any time convenient. However,

the first election held under this section shall be on the first

Saturday of June, and the board so elected at the election shall

meet for organization purposes on the second Saturday of June of

such year.
Okla. Stat. tit. 2, § 2-6-512 — OK Code / Title 2 / Section 2-6-512
Prelicensing inspection
Status: in_force

A. After the initial prelicensing inspection, each premise

shall be inspected at least once every other year unless there is a

change in ownership or change in facilities.

B. The following prelicensing inspections shall occur:

1. Upon submission of a complete application, the Department of

Agriculture, Food, and Forestry shall schedule an on-site meeting

and inspection to review the facility;

2. The Department shall review the location of the facility,

including breeding-pen fencing, gates, feed bunkers, shelter,

carcass disposal areas, and any other facilities for the location;

3. The Department may request appropriate changes to the

facility design;

4. In no case shall a license for a farmed cervidae facility be

granted unless the Department has conducted a prelicensing

inspection and the Department has approved the facility based on

that inspection; and

5. The license shall be revoked for any facility that does not

construct or operate the facility in accordance with the approved

prelicensing inspection.

Oklahoma Statutes - Title 2. Agriculture Page 363

C. All new facilities shall be inspected within ninety (90)

calendar days prior to issuing a new license.

D. It is the responsibility of the owner or operator to arrange

the appropriate inspection and the Department shall be given

adequate time to respond to the request for the initial inspection.

E. Authorized agents of the Oklahoma Department of Wildlife

Conservation shall have the authority to enter and inspect any

premises pursuant to Section 3-201 of Title 29 of the Oklahoma

Statutes for the purpose of implementing and enforcing the Oklahoma

Wildlife Conservation Code.
Okla. Stat. tit. 2, § 2-9-151 — OK Code / Title 2 / Section 2-9-151
Renumbered as § 5-2.1 of this title by Laws 2001, c. 146,
Status: in_force

§ 265, emerg. eff. April 30, 2001.Oklahoma Statutes - Title 2. Agriculture Page 18
Okla. Stat. tit. 2, § 2-17-11 — OK Code / Title 2 / Section 2-17-11
Membership in associations - Termination and transfer of
Status: in_force

memberships - Liability for debts.

A. Under the terms and conditions prescribed in the bylaws

adopted by it, an association may admit as members, or issue common

stock to only cooperative associations and/or persons engaged in the

production of agricultural products to be handled by or through the

association, including the lessees and tenants of land used for the

production of agricultural products and any lessors and landlords

who receive as rent all or part of the crop raised on the leased

premises.

B. An association organized pursuant to the Cooperative

Marketing Association Act may become a member or stockholder of any

other cooperative association organized in this or any other state.

C. A member shall lose membership and voting rights if the

member ceases to belong to the class of persons eligible for

membership pursuant to this section, however, such member shall

remain subject to any liability already incurred by such member as a

member of the association. Upon the death of a member and the

deceased member’s estate ceasing to belong to the class of persons

eligible for membership pursuant to this section, the deceased

member’s estate shall be entitled to receive from the association,

within three (3) years after the latter of the member’s death or the

member ceasing to be a member, the value of the membership interest

in the association subject to the conclusive appraisal by the board

of directors. If the association approves the member's designation

of a transferee of the membership interest, the association shall be

under no obligation to pay the transferor the value of the interest.

D. Except for debts lawfully contracted between a member and

the association, no member shall be liable for the debts of the

association to any amount exceeding the sum remaining unpaid on the

subscription to membership of the member.
Okla. Stat. tit. 2, § 2-20-20 — OK Code / Title 2 / Section 2-20-20
Exemptions applicable to certain operations
Status: in_force

A. The provisions of Section 20-19 of this title relating to

setback requirements and the provisions of subsections B and C of

Section 20-12 of this title relating to utilization of liners in

retention structures or documentation of no hydrologic connection

and to a minimum separation of ten (10) feet between the bottom of

the retention structure and the maximum groundwater elevation shall

not apply to any concentrated swine feeding operation that is

licensed by or submitted a substantially completed application on or

before September 1, 1997.

B. Any expanding operations shall be in accordance with the

Oklahoma Swine Feeding Operations Act and rules promulgated pursuant

thereto.
Okla. Stat. tit. 2, § 2-15-124 — OK Code / Title 2 / Section 2-15-124
Ownership of property - Use - Lease or rent
Status: in_force

A. All property heretofore acquired by any county by virtue of

the provisions of various legislative acts for expositions and free

fair purposes is hereby declared to be the property of such county

coming within the provisions of this article, and is hereby placed

under the custody and control of the board of county commissioners

in such county the same as other county property. The property

shall be used for the purposes of carrying out the provisions of

Sections 15-111 through 15-127 of this title.

Oklahoma Statutes - Title 2. Agriculture Page 571

B. The board of directors of an exposition and fair shall have

the right to:

1. Lease or rent any of the property belonging to it,

including, but not limited to, all grounds, buildings and equipment

of the exposition and fair, for any purpose, and upon such terms as

they deem proper, during such time as the same is not being used for

exposition and fair purposes; and

2. Use the proceeds of such lease or rental for the general

purposes of Sections 15-111 through 15-127 of this title.
Okla. Stat. tit. 2, § 2-9-131 — OK Code / Title 2 / Section 2-9-131
Definitions
Status: in_force

For purposes of the Livestock Auction Market Act, “livestock

auction market” means any established place where livestock is

regularly offered for sale at public auction.

Oklahoma Statutes - Title 2. Agriculture Page 446
Okla. Stat. tit. 2, § 2-2015 — OK Code / Title 2 / Section 2-2015
Renumbered as § 11-39 of this title by Laws 2001, c. 146,
Status: in_force

§ 261, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-3-116 — OK Code / Title 2 / Section 2-3-116
Certificate of inspection – Pollination or honey production colony inspection -
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 4

Oklahoma Statutes - Title 2. Agriculture Page 5production colony inspection - Investigation.

A. For the purposes of obtaining a certificate of inspection, a

person may request the Oklahoma Department of Agriculture, Food, and

Forestry to conduct an inspection of their apiary, colony, hive,

apiary equipment, or premise.

Oklahoma Statutes - Title 2. Agriculture Page 144

B. Upon completion of inspection, the Department shall issue a

certificate of inspection stating that the apiary, the colony, hive,

apiary equipment, or premise is either:

1. Apparently free of bee diseases or pests; or

2. Not free of bee diseases or pests and the certificate of

inspection contains a list of any and all bee diseases or pests

found during the inspection.

C. Any beekeeper who provides colonies of bees for pollination

purposes or honey production pursuant to an oral or written contract

shall be subject to inspection by the Oklahoma Department of

Agriculture, Food, and Forestry for the strength of colonies and the

presence of pests. The Department may, upon complaint, investigate

any bee colony. Copies of the written contract, if one exists,

shall be furnished to the Board upon request.
Okla. Stat. tit. 2, § 2-16-63 — OK Code / Title 2 / Section 2-16-63
Fraudulent sales of timber – Failure to pay full price -
Status: in_force

Criminal penalties.

A. It shall be unlawful for any person willingly, knowingly, or

fraudulently to represent, make, issue, deliver, use or submit, or

to participate in representing, making, issuing, delivering, using,

or submitting any fictitious, false or fraudulent offer, agreement,

contract, or other instrument concerning:

1. The sale of timber or the right to cut or harvest or remove

timber from a site or from real property not owned or leased by that

person; or

2. The sale of timber or the right to cut or harvest or remove

timber that is not owned by that person.

B. It shall be unlawful for a timber owner to, knowingly or

with intent to defraud, fail to pay in a timely manner the

applicable owners the full price of all the purchased timber.

1. A timber owner acts with intent to defraud if the timber

owner disperses, uses, or diverts money with the intent to deprive

an owner of the purchase money.

2. Unless otherwise agreed to in writing, a timber owner is

presumed to have acted with intent to defraud if the timber owner

does not pay all applicable owners for the purchase price of the

timber not later than forty-five (45) calendar days after the date

the timber owner collects money for the timber.

C. Any person convicted of violating the provisions of this

section shall be guilty of:

1. A Class D3 felony offense if the timber to be sold or right

to cut or harvest the timber pursuant to subsection A of this

section is valued at more than Two Hundred Dollars ($200.00). Upon

conviction the person shall be subject to the imposition of 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

20P of Title 21 of the Oklahoma Statutes, or to both; or

Oklahoma Statutes - Title 2. Agriculture Page 610

2. A misdemeanor if the timber to be sold or right to cut or

harvest the timber pursuant to subsection A of this section is

valued at Two Hundred Dollars ($200.00) or less. Upon conviction

the person shall be subject to the imposition of a fine of not more

than One Thousand Dollars ($1,000.00), or by imprisonment in the

county jail not to exceed one (1) year, or to both.
Okla. Stat. tit. 2, § 2-16-71.5 — OK Code / Title 2 / Section 2-16-71.5
Liability not limited by act
Status: in_force

Nothing in the Oklahoma Limitation of Liability for Farming and

Ranching Land Act limits in any way any liability which otherwise

exists for want of ordinary care or for deliberate, willful, or

malicious injury or failure to guard or warn against a dangerous or

hazardous condition, use, structure, or activity.
Okla. Stat. tit. 2, § 2-5-20 — OK Code / Title 2 / Section 2-5-20
Limitation of liability – Exceptions
Status: in_force

A. Any participant assumes the inherent risk of attending,

buying or selling goods at a farmers market registered with the

Oklahoma Department of Agriculture, Food, and Forestry. If a

participant brings an action for damages arising from the operation

of a registered farmers market, the registered farmers market

operator may plead an affirmative defense of assumption of risk by

the participant.

B. Any limitation on legal liability afforded to a registered

farmers market operator by this act shall be in addition to any

other limitation of legal liability otherwise provided by law.

C. Nothing in this act shall prevent or limit the liability of

a registered farmers market operator if:

1. The registered farmers market operator injures the

participant by intentional or willful misconduct; or

2. The registered farmers market operator has actual knowledge

of a dangerous condition in the land, facilities or equipment used

in the registered farmers market activity or the dangerous

propensity of a particular animal used in such activity and does not

make the dangerous condition known to the participant and the

dangerous condition causes the participant to sustain injuries or

death.
Okla. Stat. tit. 2, § 2-41 — OK Code / Title 2 / Section 2-41
Renumbered as § 15-11 of this title by Laws 2001, c. 146, §
Status: in_force

267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-16-27 — OK Code / Title 2 / Section 2-16-27
Camp fires
Status: in_force

It is unlawful for any person to willfully, negligently, or

carelessly build a warming or camp fire and leave the fire

unextinguished or allow the fire to spread. Any person who violates

this section is guilty of a misdemeanor punishable by a fine of not

Oklahoma Statutes - Title 2. Agriculture Page 591

more than Five Hundred Dollars ($500.00), by imprisonment for not

more than one (1) year, or both.
Okla. Stat. tit. 2, § 2-5-205 — OK Code / Title 2 / Section 2-5-205
Administration — Duties — Eligible projects – Financing
Status: in_force

A. The Department shall administer the provisions of the

Healthy Food Financing Act.

B. The Department may contract with one or more nonprofit

organizations or community development financial institutions to

administer this program through a public-private partnership.

C. The Board shall adopt the rules and program eligibility

guidelines necessary to enforce and administer the Healthy Food

Financing Act, including an application process for financing and

grants. Projects that receive financing must be located in an

underserved community and primarily serve low or moderate income

communities. Projects eligible for financing include:

1. Construction of new grocery stores;

2. Construction of small food retailers; and

3. Grocery store or small food retailer renovations, expansions

and infrastructure upgrades that improve the availability and

quality of fresh produce and other healthy foods.

Oklahoma Statutes - Title 2. Agriculture Page 233

D. Financing made available for projects may be expended for

the following purposes:

1. Site acquisition and preparation;

2. Construction costs;

3. Equipment and furnishings;

4. Workforce training or security;

5. Pre-development costs, including market studies and

appraisals;

6. Energy efficiency measures;

7. Working capital for first-time inventory and start-up costs;

and

8. For small food retailers, the acquisition or leasing of

refrigeration equipment, display shelving or other one-time capital

expenditure, at a cost of less than Five Thousand Dollars

($5,000.00), for the promotion and display of perishable foods,

which shall include a blend of dairy products, fresh produce, fresh

meats and poultry and fresh or frozen fish.

E. In determining which projects shall qualify for financing,

the Department shall consider:

1. The level of need of access to healthy foods in the area to

be served;

2. The degree to which the project requires an investment of

public financing to progress, create and impact on access to healthy

food;

3. The degree to which the project will have a positive

economic impact on the underserved community, including by creating

or retaining jobs for local residents;

4. The degree to which the project will participate in state

and local health department initiatives to educate consumers on

nutrition and promote healthier eating; and

5. Other criteria the Board determines to be consistent with

the purposes of this act.

F. Eligible applicants for financing shall include but are not

limited to sole proprietorships, partnerships, limited liability

companies, corporations, cooperatives, nonprofit organizations,

nonprofit community development entities, universities or government

entities. Applicants for financing must:

1. Demonstrate the capacity to successfully implement the

project and the likelihood that the project will be economically

self-sustaining;

2. Demonstrate the ability to repay the debt; and

3. Agree, for a period of at least five (5) years, to comply

with the following conditions:

a. to accept the benefits of The United States Department

of Agriculture’s Supplemental Nutrition Assistance

Program,

Oklahoma Statutes - Title 2. Agriculture Page 234

b. to apply to accept The United States Department of

Agriculture’s Special Supplemental Nutrition Program

for Women, Infants, and Children and to accept the

benefits, if approved,

c. to allocate at least thirty percent (30%) of food

retail space for the sale of perishable foods, which

shall include fresh dairy, produce, meats, poultry and

fish,

d. to comply with all data collection and reporting

requirements established by the Board, and

e. to promote the hiring of local residents.

G. The Board may establish monitoring and compliance mechanisms

for projects receiving financing.

H. The Department shall raise matching funds, promote the

program statewide, evaluate applicants, underwrite and disburse

grants and loans and monitor compliance and impact.

I. The Department shall report annually to the Legislature on

the projects funded, the geographic distribution of the projects,

the costs of the program, and the outcomes, including the number and

type of jobs created and health initiatives associated with the

program.
Okla. Stat. tit. 2, § 2-16-71.4 — OK Code / Title 2 / Section 2-16-71.4
Applicability of Sections 16-71.2 and 16-71.3 to duties
Status: in_force

and liability of owner.

Unless otherwise agreed in writing, the provisions of Sections

16-71.2 and 16-71.3 of this title shall be deemed applicable to the

duties and liability of an owner of land which is used primarily for

farming or ranching activities, is on or adjoins land entered upon

the National Register of Historic Places and for which an easement

has been granted to the Oklahoma Historical Society, or is leased to

the state or any subdivision thereof for recreational purposes.
Okla. Stat. tit. 2, § 2-5-301 — OK Code / Title 2 / Section 2-5-301
Short title
Status: in_force

This subarticle shall be known as the “Oklahoma Organic Food

Act”.
Okla. Stat. tit. 2, § 2-18-37 — OK Code / Title 2 / Section 2-18-37
Enforcement actions – Injunctive relief
Status: in_force

A. The Council may institute any action necessary to enforce

compliance with any provision of the Oklahoma Beef Improvement and

Market Development Act and rules promulgated pursuant to the

Oklahoma Beef Improvement and Market Development Act. In addition

to any other remedy provided by law, the Council may petition for

injunctive relief.

B. 1. Any due and payable assessment required under the

Oklahoma Beef Improvement and Market Development Act constitutes a

personal debt of the person or marketing agent assessed.

2. In the event of failure of a person or marketing agent to

remit any properly due assessment or sum, the Council in order to

collect an assessment may bring an administrative action and may

bring a civil action in district court against that person. If an

action is brought in the district court, such action will be brought

in the district court of any county in which the sale is conducted.

3. In addition to collection of the assessment, the Council may

also collect a ten-percent-penalty assessment, the costs of

enforcing the collection of the assessment, and any court costs.

Oklahoma Statutes - Title 2. Agriculture Page 639

4. The civil action in district court shall be tried and

judgment rendered as in any other cause of action for debts due and

payable. Any administrative hearing shall be conducted pursuant to

the Administrative Procedures Act.

5. All assessments, penalty assessments, and enforcement costs

recovered are due and payable to the Council.
Okla. Stat. tit. 2, § 2-5-85 — OK Code / Title 2 / Section 2-5-85
Administration of program - Annual report
Status: in_force

A. The State Treasurer is authorized to issue guidelines and

administer the Oklahoma Agricultural Linked Deposit Program.

B. The State Treasurer shall submit an annual report outlining

the status of the Oklahoma Agricultural Linked Deposit Program to

the Governor, the Lieutenant Governor, the President Pro Tempore of

the Senate, and the Speaker of the House of Representatives.
Okla. Stat. tit. 2, § 2-3-123 — OK Code / Title 2 / Section 2-3-123
Retention of Africanized honeybees prohibited -
Status: in_force

Exception.

A. It shall be illegal to retain Africanized honeybees except

for specifically approved research purposes as determined by rules

promulgated by the State Board of Agriculture.

B. All abandoned apiaries observed or captured in counties

where Africanized honeybees have been detected shall be destroyed.

C. If a feral colony of Africanized honeybees is found in the

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

shall take immediate actions to protect the public safety and

welfare. The Department may confiscate or destroy the feral

Africanized honeybee colony.
Okla. Stat. tit. 2, § 2-18-278 — OK Code / Title 2 / Section 2-18-278
Refund of fees
Status: in_force

A. Any oilseed producer subject to the assessment provided in

the Oklahoma Oilseed Resources Act may request a refund of the fees

so assessed, within sixty (60) days following the collection of the

fee. Any oilseed producer requesting a refund shall make

application to the Oklahoma Oilseed Commission for the refund of the

assessment. Along with the application, the oilseed producer shall

submit the evidence of payment of the fee and of the amount of

oilseed sold required by the Commission. The Commission may verify

the accuracy of the request for the refund.

B. Upon receipt of the application for a refund and evidence

required, the Commission shall refund the amount of the assessment

owed to the producer within thirty (30) days of the date the refund

request was received and the Commission received payment from the

first purchaser.
Okla. Stat. tit. 2, § 2-3-601 — OK Code / Title 2 / Section 2-3-601
Short title - Oklahoma Industrial Hemp Remediation
Status: in_force

Program - Definitions.

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

Industrial Hemp Remediation Program".

B. As used in the Oklahoma Industrial Hemp Remediation Program,

the following words and terms, and any derivative of such words or

terms, shall have the following meanings, unless the context clearly

indicates otherwise:

1. "Cannabis" means a genus of flowering plants in the family

Cannabaceae of which Cannabis sativa is a species and Cannabis

indica and Cannabis ruderalis are subspecies thereof. Cannabis

refers to any form of the plant in which the delta-9

tetrahydrocannabinol concentration on a dry-weight basis has not yet

been determined;

2. "Certified laboratory" means the laboratory operated by the

Oklahoma Department of Agriculture, Food, and Forestry or a

laboratory located in Oklahoma that is certified by the Department;

3. "Commercial sale" means the sale of a product in the stream

of commerce at retail, at wholesale or on the Internet;

4. "CSA" means the federal Controlled Substances Act;

5. "DEA" means the United States Drug Enforcement

Administration;

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

Food, and Forestry;

Oklahoma Statutes - Title 2. Agriculture Page 161

7. "Hemp" means the plant Cannabis sativa L. and any part of

such plant including, but not limited to, the seeds and all

derivatives, extracts, cannabinoids, isomers, acids, salts and salts

of isomers, whether growing or not, and grown from a certified seed

with a delta-9 tetrahydrocannabinol concentration of not more than

three-tenths of one percent (0.3%) on a dry-weight basis. Hemp and

hemp-derived cannabinoids, including cannabidiol, shall be

considered an agricultural commodity and not a controlled substance

due to the presence of hemp or hemp-derived cannabinoids;

8. "Hemp Program" means the Oklahoma Industrial Hemp

Remediation Program and any final ruling from the USDA;

9. "Law enforcement" means any federal, state or local agencies

responsible for maintaining public order and enforcing the law;

10. "License" means the written authorization by the Department

for any person to grow, process, handle or transport certified seeds

or hemp in this state;

11. "Person" means any natural person or any corporation,

general partnership, limited partnership, limited liability

partnership, limited liability company, trust, estate, charitable

organization, joint stock company, joint venture, association or any

other business or similar organization recognized by the state;

12. "Processor" means any person who is licensed by the

Department to process hemp in this state;

13. "State" means the State of Oklahoma;

14. "THC" means delta-9 tetrahydrocannabinol, which is a

psychoactive component in cannabis plants;

15. "Tracking software" means software that is approved by the

Department and is capable of transparently tracking hemp in any

state or form whatsoever including, but not limited to, a certified

seed, any stage of growth, processing or handling, and any hemp

product; and

16. "USDA" means the United States Department of Agriculture.

C. In the event that any hemp produced under the Hemp Program

is determined by testing results to be noncompliant with the Hemp

Program, the person holding the license for the noncompliant hemp

may request approval from the Department to remediate the

noncompliant hemp.

D. If the Department approves the remediation of the

noncompliant hemp, the person holding the license shall promptly

have the noncompliant hemp extracted by a licensed processor into

concentrated form and the hemp concentrate shall be sampled by a

certified laboratory for compliance with USDA levels for THC in

concentrated form.

E. If the samples of the hemp concentrate are below USDA levels

for THC, the hemp concentrate shall be compliant as a hemp product

with the Hemp Program and may be used in commercial sales.

Oklahoma Statutes - Title 2. Agriculture Page 162

F. If the samples of the hemp concentrate are above the USDA

levels for THC, the hemp concentrate shall be noncompliant with the

Hemp Program and shall be destroyed in accordance with the CSA and

DEA regulations found at 21 C.F.R., Section 1317.15, as enforced by

federal, state and local law enforcement. The person holding the

license for the noncompliant hemp concentrate shall promptly notify

the Department and USDA of its intent to destroy the noncompliant

hemp concentrate and verify destruction by submitting required

documentation using the tracking software.
Okla. Stat. tit. 2, § 2-4005 — OK Code / Title 2 / Section 2-4005
Oklahoma State University Veterinary Medicine Authority —
Status: in_force

Creation — Membership.

A. There is hereby created the Oklahoma State University

Veterinary Medicine Authority, known and cited also as "OSUVMA", an

agency of the State of Oklahoma, a body corporate and politic, with

powers of government and with the authority to exercise the rights,

privileges, and functions as specified in the Oklahoma State

University Veterinary Medicine Authority Act. The Oklahoma State

University Veterinary Medicine Authority is covered by the

Governmental Tort Claims Act.

B. The Authority shall consist of eight (8) members as follows:

1. One member shall be appointed by the Governor, with the

advice and consent of the Oklahoma State Senate;

2. One member shall be appointed by the Speaker of the Oklahoma

House of Representatives;

3. One member shall be appointed by the President Pro Tempore

of the Oklahoma State Senate;

4. One member shall be the Dean of the Oklahoma State

University College of Veterinary Medicine;

5. One member to be appointed from the veterinarian community

by the President of Oklahoma State University;

6. One member shall be a member of the Board of Regents for the

Oklahoma Agricultural and Mechanical Colleges;

7. One member shall be appointed by the Chair of the Board of

Regents for the Oklahoma Agricultural and Mechanical Colleges; and

Oklahoma Statutes - Title 2. Agriculture Page 777

8. One ex-officio, non-voting member shall be the Chief

Executive Officer of the Oklahoma State University Veterinary

Medicine Authority who shall be appointed by the President of

Oklahoma State University.

C. All appointed members shall be appointed by July 1, 2023.

Of the members of the Authority initially appointed, the member

appointed by the President Pro Tempore of the Senate shall serve a

term of three (3) years; the member appointed by the Speaker of the

House of Representatives shall serve a term of two (2) years; and

the member appointed by the Governor shall serve a term of one (1)

year. Successors shall be appointed for terms of three (3) years.

D. Each member of the Authority, prior to appointment, shall be

a resident of the state and a qualified elector. Each member of the

Authority shall possess dual office holding exemption privileges and

shall be exempt from any statutory dual office holding prohibitions.

E. Members shall be removable only for cause by the appointing

authority. Any vacancy occurring on the Authority shall be filled

by the original appointing authority.

F. The members of the Authority shall serve without

compensation but may be reimbursed for all actual and necessary

travel expenses incurred in performance of their duties in

accordance with the provisions of the State Travel Reimbursement

Act.

G. All members of the Authority and administrative personnel of

the Authority shall be subject to the provisions of the Oklahoma

Ethics Commission Rules, Chapter 62 Appendix of Title 74 of the

Oklahoma Statutes.

H. A quorum of the Authority shall be four (4) voting members.

The Authority shall elect a chair and vice-chair from among its

members.

I. The Authority shall be exempt from the Oklahoma Central

Purchasing Act but shall be subject to the purchasing policies of

Oklahoma State University and shall be subject to the Oklahoma Open

Meeting Act and the Oklahoma Open Records Act, except as otherwise

provided by this act. Any information submitted to or compiled by

the Authority except for budgetary information related to

appropriations or the appropriations process with respect to the

marketing plans, financial statements, trade secrets, research

concepts, methods or products, or any other proprietary information

of the Authority, persons, firms, associations, partnerships,

agencies, corporations, institutions of higher education, nonprofit

research institutions or other entities shall be confidential,

except to the extent that the person or entity which provided the

information or which is the subject of the information consents to

disclosure. Executive sessions may be held to discuss such

materials if deemed necessary by the Authority.
Okla. Stat. tit. 2, § 2-11-1 — OK Code / Title 2 / Section 2-11-1
Violations
Status: in_force

Any person shall be civilly liable to the State Board of

Agriculture for all fines, fees, and charges if that person:

1. Fails, refuses, or neglects to pay any fee or charge that is

required or authorized by the provisions of the Oklahoma

Agricultural Code;

2. Fails, refuses, or neglects to obtain a license, permit,

charter, or registration as provided, authorized, or required by the

Oklahoma Agricultural Code;

3. Performs any act requiring a license, permit, charter,

registration, or payment of a fee or charge without first obtaining

a license, permit, charter, registration, or payment of a fee or

charge; or

4. Violates any provision of the Oklahoma Agricultural Code or

rules promulgated thereto.
Okla. Stat. tit. 2, § 2-15-6 — OK Code / Title 2 / Section 2-15-6
Funds for special premiums - Audit and allowance of bills
Status: in_force

- Certificates of fair association officers - Speed exhibitions and

races excepted.

A. The funds provided for in Section 15-5 of this title shall

be derived from any funds on hand, not otherwise appropriated, in

the contingent fund of the county. The county commissioners shall

audit and allow bills presented by persons to whom premiums have

been awarded as in other cases, on filing with the bill, a

certificate of the secretary and treasurer of the fair association.

The certificate shall state the person to whom the premium was

awarded, and the amount and character of the exhibit for which

premium was awarded.

B. No part of the appropriation shall be allowed or paid for

exhibitions of speed or races.
Okla. Stat. tit. 2, § 2-18-33 — OK Code / Title 2 / Section 2-18-33
Board of the Oklahoma Beef Council
Status: in_force

A. The Board of the Oklahoma Beef Council shall consist of nine

(9) members and shall be composed as follows:

1. The Governor shall appoint three members as follows:

a. one member representing a general farm organization

which represents more than 150,000 members in the

state,

b. one member representing the dairy producers in the

state, and

c. one member of an Oklahoma association representing

livestock auction markets and livestock dealers in

which the member’s primary responsibility is the

collection and remittance of assessment funds;

2. The President Pro Tempore of the Senate shall appoint three

members as follows:

a. one member from a women’s auxiliary group of a general

farm organization representing more than 150,000

members in the state,

b. one member of a statewide women’s beef cattle

association, incorporated in Oklahoma, whose primary

purpose is beef product promotion and education, and

c. one member representing a general farm organization

which represents more than 100,000 members in the

state;

3. The Speaker of the House of Representatives shall appoint

three members as follows:

a. one member of an Oklahoma association representing

livestock auction markets and livestock dealers,

b. one member of a statewide beef cattle producer-owned

association, incorporated in Oklahoma, comprised of

more than 5,000 Oklahoma-based producer members

organization representing cattle producers in the

state, and

c. one member from an women’s auxiliary group of a

general farm organization representing more than

100,000 members in the state;

B. The initial appointments for each gubernatorial and

legislative member shall be for progressive terms of one (1) through

three (3) years; subsequent appointments shall be for three-year

Oklahoma Statutes - Title 2. Agriculture Page 635

terms. Members shall continue to serve until their successors are

appointed. Any vacancy shall be filled in the same manner as the

original appointments. No member shall serve more than two

consecutive terms.
Okla. Stat. tit. 2, § 2-6-313 — OK Code / Title 2 / Section 2-6-313
Confinement and separation from wild species — Collection of broodstock for
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 13of broodstock for aquaculture system — Facilitation of broodstock

transactions — Fees.

A. All catfish, minnows, fingerlings, fish, frogs, and other

aquatic species which are legally produced, pursuant to the

provisions of Sections 6-311 through 6-317 of this title, shall be

confined to the lands and waters of the licensee in such a manner so

as to prohibit:

1. Contact with wild fish or other aquatic species in public

waters; and

2. Such wild fish or other aquatic species from being

commercially harvested from public waters and becoming sold as a

wild-born commodity. As used in this paragraph, “wild-born” means

wild fish or aquatic species born in public waters and not

introduced though aquaculture.

B. 1. Except as otherwise provided by this subsection, the

Oklahoma Department of Agriculture, Food, and Forestry shall not

restrict the manner in which persons, licensed pursuant to Sections

6-311 through 6-317 of this title, gather or impound aquatic species

raised within the impoundments in their commercial operations.

2. No person shall sell or attempt to sell game fish and/or

paddlefish obtained from public waters that have been commingled

with privately produced fish subject to the provisions of Sections

6-311 through 6-317 of this title regarding the capture of wild fish

or aquatic species for direct sale. A licensed producer may collect

both game fish and nongame fish broodstock from public waters using

any legal means of take for use in propagation of fish only in a

recirculating aquaculture system up to, but not exceeding, the

normal possession limit for a person holding a recreational fishing

Oklahoma Statutes - Title 2. Agriculture Page 343

license; provided, that the licensed producer complies with all

applicable terms set forth by the Department of Wildlife

Conservation. Additionally, such individual broodstock may not be

sold and cannot be released back into the wild. Production of fish

species considered to be species of special concern, excluding

paddlefish (polyodon spathula), along with species prohibited under

agency rules and federal threatened and endangered species, is

prohibited.

C. Meat and any other finished products for human consumption

that result from fish spawned in a captive system may be sold in

this state or out of state; provided, that the producer or seller

obtains the necessary export permits. Live fish of such

propagations may also be sold subject to certain restrictions as set

forth by rule by the Department.

D. The Department may establish a process to facilitate

broodstock transactions between the state and licensed in-state

aquatic propagators. The Department is authorized to assess a fee

necessary to maintain such process and the oversight required for

broodstock transactions. Fees imposed shall be reasonable,

accessible, and transparent, with clearly defined application

requirements, publicly available guidance, and established timelines

for application review and approval. The Department may promulgate

all rules necessary for the implementation of this subsection.

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

may assess import fees for any entity selling live fish within this

state that does not possess a valid license for commercial

production of aquatic species issued by the Oklahoma Department of

Agriculture, Food, and Forestry along with an Oklahoma address

subject to regular inspections. Fees shall reflect the costs in-

state producers are subjected to when exporting to other states.

Each shipment shall include a valid Animal and Plant Health

Inspection Service health certificate.
Okla. Stat. tit. 2, § 2-157.1 — OK Code / Title 2 / Section 2-157.1
Renumbered as § 15-141 of this title by Laws 2001, c
Status: in_force

146, § 271, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-280.4 — OK Code / Title 2 / Section 2-6-280.4
Board - Powers and duties
Status: in_force

In addition to any powers and duties of the Board, the Board

shall have the power and duty to:

1. adopt and promulgate regulations necessary to provide for

the proper inspection of rabbit and rabbit products, and prescribe

conditions under which carcasses, parts of carcasses, rabbit meat

and rabbit products capable of use as human food, shall be stored,

labeled, marked or otherwise handled by any person engaged in the

business of buying, selling, freezing, storing, or transporting, in

or for intrastate commerce;

2. cooperate with the Secretary of Agriculture of the United

States in effectuating the purposes of the Oklahoma Rabbit and

Rabbit Products Inspection Act;

3. appoint inspectors to make examination and inspection of

rabbits, rabbit carcasses, all rabbit meat and rabbit products, and

Oklahoma Statutes - Title 2. Agriculture Page 310

the sanitary conditions of all plants or establishments in which

rabbit meat and rabbit products are prepared;

4. detain and seize rabbits or rabbit carcasses or rabbit

products pursuant to the provisions of the Oklahoma Rabbit and

Rabbit Products Inspection Act;

5. require reports from all persons subject to the provisions

of the Oklahoma Rabbit and Rabbit Products Inspection Act;

6. suspend inspection service pursuant to the provisions of the

Oklahoma Rabbit and Rabbit Products Inspection Act;

7. establish and enforce administrative penalties pursuant to

Section 11-1 of Title 2 of the Oklahoma Statutes;

8. enter upon any public or private property for purposes of

inspecting and investigating compliance with the Oklahoma Rabbit and

Rabbit Products Inspection Act;

9. refuse to render inspection services to any establishment

whose premises, facilities, or equipment, or the operation thereof,

fail to meet the requirements of the Oklahoma Rabbit and Rabbit

Products Inspection Act;

10. institute or cause to be instituted any necessary legal

proceedings with the Office of the Attorney General or in any court

of competent jurisdiction for an injunction relief to enforce the

provisions of the Oklahoma Rabbit and Rabbit Products Inspection

Act; and

11. exercise all incidental powers which are necessary and

proper to perform the duties of the Board pursuant to the Oklahoma

Rabbit and Rabbit Products Inspection Act.
Okla. Stat. tit. 2, § 2-1501 — OK Code / Title 2 / Section 2-1501
Renumbered as § 18-180 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-3.1 — OK Code / Title 2 / Section 2-5-3.1
Short title – Oklahoma Agriculture Enhancement and
Status: in_force

Diversification Program.

A. The provisions of this act shall be known and may be cited

as the “Oklahoma Agriculture Enhancement and Diversification Act”.

B. Pursuant to the Oklahoma Agriculture Enhancement and

Diversification Act, there is hereby created the “Oklahoma

Agriculture Enhancement and Diversification Program”.
Okla. Stat. tit. 2, § 2-8-80.4 — OK Code / Title 2 / Section 2-8-80.4
Information required by § 8-80.3 of this title to be
Status: in_force

affixed to containers.

A. Any agricultural liming material offered for sale, sold, or

distributed in this state in bags, barrels, or other containers

shall have placed on or affixed to the container in written or

printed form the information required by subsection A of Section 8-

80.3 of this title, either:

Oklahoma Statutes - Title 2. Agriculture Page 418

1. On tags affixed to the end of the package between the ears

or on the sewn end or both between the ears and on the sewn end; or

2. Directly on the package in a manner as determined by the

Board.

B. If distributed in bulk, a written or printed statement of

the weight, as well as the information required by paragraphs 1, 2,

3 and 5 of subsection A of Section 8-80.3 of this title, shall

accompany delivery and be supplied to the purchaser.
Okla. Stat. tit. 2, § 2-8-77.16 — OK Code / Title 2 / Section 2-8-77.16
Seizure – Condemnation - Disposal
Status: in_force

Any lot of fertilizer not in compliance with the provisions of

the Oklahoma Fertilizer Act shall be subject to seizure on petition

of the State Board of Agriculture to a court in the area the

fertilizer is located. In the event the court finds the fertilizer

to be in violation of the Oklahoma Fertilizer Act and orders the

condemnation of the fertilizer, it shall be disposed of in a manner

consistent with the quality of the fertilizer and the laws of the

state.
Okla. Stat. tit. 2, § 2-3-121 — OK Code / Title 2 / Section 2-3-121
Violations
Status: in_force

It shall be unlawful and a violation of the Oklahoma Apiary Act

for any person:

1. To refuse to permit an inspection provided for by the

Oklahoma Apiary Act, or to hinder or interfere with, in any way, the

inspection or the person authorized to make the inspection;

2. To rent a colony of bees to another and misrepresent the

strength of a colony;

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

established by the Oklahoma Apiary Act or promulgated rules;

4. To retain Africanized honeybees except for approved research

purposes pursuant to this act;

5. To knowingly expose comb, honey, frames, empty hives, cover,

bottom boards or tools, or other appliances to any material from a

diseased colony or apiary or infested with a bee pest;

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

or

7. To violate any provision of the Oklahoma Apiary Act and the

rules promulgated by the Board.
Okla. Stat. tit. 2, § 2-3-50.1 — OK Code / Title 2 / Section 2-3-50.1
Short title
Status: in_force

This act shall be known and may be cited as the "Boll Weevil

Eradication Act".
Okla. Stat. tit. 2, § 2-10-72 — OK Code / Title 2 / Section 2-10-72
Pack-date and expiration date
Status: in_force

A. A pack-date may be in a three-digit Julian date or a

calendar date.

B. An expiration date shall be used on the container, the date

shall be preceded by “EXP”, “sell by”, or “use through”.
Okla. Stat. tit. 2, § 2-1705 — OK Code / Title 2 / Section 2-1705
Renumbered as § 8-85.5 of this title by Laws 2001, c. 146,
Status: in_force

§ 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-58 — OK Code / Title 2 / Section 2-15-58
Estimate of cost of fairs - Certification to county
Status: in_force

excise board - Items of expenditure.

A. The executive board, with such committee as may be selected

from the county fair association, shall make an estimate of the cost

of the township and county fairs, and shall certify such estimate to

the county excise board in time to be acted upon by the county

excise board at its annual meeting for making tax levies.

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

be for:

1. Premiums on livestock, poultry, agricultural and

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

products of domestic science and domestic arts, school exhibits,

hand painting, decorating and drawing, manufactured articles,

cultivated plants and flowers;

2. Necessary expenses of management of township and county

fairs organized under the provisions of this article, including

office expenses, postage, telephone, digital and electronic

Oklahoma Statutes - Title 2. Agriculture Page 547

communication, Internet and supporting equipment, salary and

traveling expenses of the secretary, printing and necessary office

supplies, premium ribbons and badges, clerical help, guards,

superintendents and judges;

3. Advertising the fairs and for decorating and cleaning the

grounds and buildings, and for caring for the grounds and buildings;

and

4. Transportation and arrangement of township fair exhibits at

the county fair and county fair exhibits at the Oklahoma State Fair

and other State Fairs.
Okla. Stat. tit. 2, § 2-6-610 — OK Code / Title 2 / Section 2-6-610
Violations of act – Penalties
Status: in_force

A. It shall be unlawful and a violation of the Feral Swine

Control Act for any person:

1. To refuse an inspection;

2. To fail to comply with importation, testing, permitting,

licensing, or transportation requirements;

3. To fail to pay any fee, administrative fine, or penalty;

4. To fail to comply with any Oklahoma Department of

Agriculture, Food, and Forestry order; or

5. To violate any provision of the Oklahoma Feral Swine Control

Act, Oklahoma Agricultural Code, or Oklahoma Wildlife Conservation

Code.

B. Any person that violates the Feral Swine Control Act shall

be assessed a penalty or an administrative fine pursuant to Section

2-18 of Title 2 of the Oklahoma Statutes.
Okla. Stat. tit. 2, § 2-16-64 — OK Code / Title 2 / Section 2-16-64
Documentation to be maintained by harvesters
Status: in_force

A. Except as provided by subsection B of this section, any

owner or operator of a logging or timber harvesting operation shall

maintain at all times during the operation, for inspection purposes

by law enforcement personnel, a written bill of sale, timber deed or

timber contract, recording memorandum, or written consent of the

timber owner for the timber being harvested.

B. The provisions of subsection A of this section shall not

apply to any owner or operator of a logging or timber harvesting

operation if a timber deed, written bill of sale or timber contract

or written consent, recording or memorandum is recorded in the

records of the county clerk of the county in which the timber is

harvested or to be harvested.

C. Any deed, written bill of sale, contract, or written consent

for logging or timber harvesting operation pursuant to this section

shall include:

1. A description of the timber to be removed;

2. The date of execution and expiration of the contract or

consent, bill of sale, or deed;

3. The name and address of the timber owner and the timber

purchaser; and

4. The legal description of the real property where the timber

is harvested.

D. Any written bill of sale, timber deed or timber contract,

recording memorandum, or written consent of the timber owner

required by subsection A of this section shall be preserved by the

owner or operator of a logging or timber harvesting operation for at

least a period of three (3) years.
Okla. Stat. tit. 2, § 2-15-118 — OK Code / Title 2 / Section 2-15-118
Annual exposition, holding of
Status: in_force

A. The board of directors shall:

1. Provide for holding annually at the fairgrounds of the

county an agricultural and industrial exposition and fair for the

purpose of exhibiting and displaying resources connected with or

part of agricultural, horticultural, mineral, mechanical, and

industrial development and the raising of livestock not only from

Oklahoma but from any other state or place;

2. Have the power and authority in order to encourage the

exhibiting and displaying of such resources and livestock to offer

and pay suitable premium and awards and to grade and classify all

exhibits entered in competition at such exposition and fair;

3. Have the power and authority to employ all necessary

assistants and provide for the payment of a reasonable salary or

compensation to such employees.

B. If the board of directors decides that it is impractical to

hold an exhibition or fair in any year, the board may postpone the

exhibition or fair to such time as it would be advisable to hold the

exhibition or fair, whether in the same year or a succeeding year.
Okla. Stat. tit. 2, § 2-8-41.9 — OK Code / Title 2 / Section 2-8-41.9
Inspection fee - Responsible parties
Status: in_force

A. An inspection fee at the rate of fifteen cents ($0.15) per

ton shall be paid on commercial feeds and/or feed ingredients

distributed in this state by the person whose name appears on the

label as the manufacturer, guarantor, or distributor, except that a

person other than the manufacturer, guarantor, or distributor may

assume liability for the inspection fee, subject to the following:

Oklahoma Statutes - Title 2. Agriculture Page 402

1. No fee shall be paid on a commercial feed if the payment has

been made by a previous distributor;

2. The minimum inspection fee shall be Ten Dollars ($10.00)

semi-annually;

3. No fee shall be paid on commercial feeds or feed ingredients

used in customer-formula feeds if the inspection fee has been

previously paid on those ingredients; and

4. No fee shall be paid on customer-formula feed ingredients

that have been furnished by the final purchaser on which a

processing fee has been paid.

B. Each person who is liable for the payment of the fee shall:

1. File, not later than the last day of January and July of

each year, a semi-annual statement listing the number of net tons of

commercial feeds distributed in this state during the preceding

semi-annual period; and upon filing the statement shall pay the

inspection fee at the rate stated in subsection A of this section.

Inspection fees which are due and have not been remitted to the

State Board of Agriculture within fifteen (15) days following the

date due shall have a penalty fee of ten percent (10%) (Fifty

Dollars ($50.00) minimum) added to the amount due when payment is

finally made. The assessment of this penalty fee shall not prevent

the Board from taking other actions as provided in this act; and

2. Keep records required by the Board to indicate accurately

the tonnage of commercial feed distributed in this state, and the

Board shall have the right to examine these records to verify

statements of tonnage. Failure to make an accurate statement of

tonnage, failure to pay the inspection fee, or falsifying

information or failure to comply shall constitute sufficient cause

for the cancellation of the commercial feed license.

C. Fees collected shall be deposited with the State Department

of Agriculture Revolving Fund.

D. If the Board finds any deficient inspection fees due, as a

result of an audit of the records of any person subject to the

provisions of the Oklahoma Commercial Feed Law, the Board shall

assess a penalty fee of ten percent (10%) maximum not to exceed Two

Thousand Dollars ($2,000.00) of amount due, or One Hundred Dollars

($100.00), whichever is greater. The audit penalty shall be added

to the deficient inspection fees due and payment made within thirty

(30) days.
Okla. Stat. tit. 2, § 2-2006 — OK Code / Title 2 / Section 2-2006
Quota system
Status: in_force

In the event that any institution is being seriously handicapped in its

ability to provide an education or training for all of its students as a result of

a disproportionate amount of tuition-waiver students under this act, then the

Oklahoma Statutes - Title 2. Agriculture Page 773

administrative officer of such institution shall certify as to the handicapped

condition to the State Board of Career and Technology Education who shall be

permitted to establish a quota system for the institution. A schedule of

guidelines and priorities shall be established for accepting students, as well as

limiting the number of tuition-waiver students who may enroll. The excess number

of applicants may enroll in some other technology center schools which has not

reached a critical level of tuition-waiver students.
Okla. Stat. tit. 2, § 2-9-36 — OK Code / Title 2 / Section 2-9-36
Public warehouse designations - Penalty
Status: in_force

No public warehouse shall be designated as chartered or operated

under the provisions of the Public Warehouse and Commodity Indemnity

Act and no name or description conveying the impression that it is

chartered or operated shall be used unless the public warehouse is

chartered. Any person who misrepresents, forges, alters,

counterfeits, simulates, or falsely represents the charter required

by the Public Warehouse and Commodity Indemnity Act, or who issues,

utters, or assists or attempts to issue or utter, a false or

fraudulent receipt for any commodities, shall be, upon conviction,

guilty of a Class D1 felony offense. The fine for a violation of

this section shall not be more than Ten Thousand Dollars

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

through F of Section 20N of Title 21 of the Oklahoma Statutes, or by

both such fine and imprisonment.
Okla. Stat. tit. 2, § 2-1301-307 — OK Code / Title 2 / Section 2-1301-307
Renumbered as Section 16-57 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-2-1 — OK Code / Title 2 / Section 2-2-1
Membership - Appointment and qualifications - Vacancies
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 42

A. 1. The State Board of Agriculture shall be the Board of

Agriculture created by Section 31 of Article VI of the Oklahoma

Constitution. The Board shall consist of five (5) members appointed

by the Governor, with the advice and consent of the Senate. Four of

such members shall be appointed from within and represent the

agricultural district established by subsection B of this section.

One member shall be appointed from the state at large.

2. The members shall be farmers who have:

a. at least five (5) years practical experience during

the ten (10) years immediately preceding their

appointment, and

b. lived on and operated a farm after reaching the age of

twenty-one (21) years.

B. For the purpose of appointments to the Board, four

agricultural districts are hereby created and shall consist of the

following counties:

DISTRICT COUNTIES

NO.

Latimer, LeFlore, Marshall, McCurtain, McIntosh, Muskogee,

Okfuskee, Okmulgee, Pittsburg, Pontotoc, Pottawatomie,

Pushmataha, Seminole and Sequoyah.

Logan, Mayes, Noble, Nowata, Oklahoma, Osage, Ottawa,

Pawnee, Payne, Rogers, Tulsa, Wagoner and Washington.

Garfield, Grant, Harper, Kingfisher, Major, Roger Mills,

Texas, Woods and Woodward.

Cotton, Garvin, Grady, Greer, Harmon, Jackson, Jefferson,

Kiowa, Love, McClain, Murray, Stephens, Tillman and

Washita.

C. One member of the Board shall be appointed from each

district.

D. 1. On the effective date of this act, each district

established by subsection B of this section shall be represented by

the current board member position as follows:

a. the board member position currently representing

District 5 shall represent the new District 1,

b. the board member position currently representing

District 2 shall represent the new District 2,

c. the board member position currently representing

District 1 shall represent the new District 3, and

d. the board member position currently representing

District 4 shall represent the new District 4.

2. The board member position currently serving District 3 shall

be terminated.

Oklahoma Statutes - Title 2. Agriculture Page 43

3. Except as otherwise provided in this subsection, all board

members serving on the effective date of this act shall serve the

remainder of the term of office to which the board member was

originally appointed. Thereafter, successor board members shall be

appointed for terms of four (4) years. The at-large member shall

serve a term coterminous with that of the Governor.

4. In case of vacancy caused by the removal, death,

resignation, or disability of any member, the Governor shall appoint

a new member from the same district for which a vacancy was vacated

to serve for the unexpired term.
Okla. Stat. tit. 2, § 2-5-60.26 — OK Code / Title 2 / Section 2-5-60.26
Powers and duties of board - Rules
Status: in_force

A. The commodity producers board shall have the power and duty

to:

1. Employ personnel deemed necessary by the board, fix the

amount and manner of their compensation, and incur other expenses

that are necessary and proper to enable the board to effectively

carry out the purposes of the Oklahoma Agricultural Commodity Act;

2. Adopt and amend bylaws as necessary to promptly and

effectively administer the Oklahoma Agricultural Commodity Act;

3. Retain legal counsel as is required to fulfill the purposes

of the Oklahoma Agricultural Commodity Act;

4. Sue and be sued;

5. Initiate prosecution and civil remedies necessary to collect

any assessments due and owing to the commodity producers board;

6. Cooperate with local, state, national or international

organizations, whether public or private, in carrying out the

purposes of contracts as may be necessary;

7. Make such reasonable expenditures of funds as is necessary

to carry out the provisions of the Oklahoma Agricultural Commodity

Act;

8. Call and conduct such meetings and elections as may be

necessary in carrying out the provisions of the Oklahoma

Agricultural Commodity Act;

Oklahoma Statutes - Title 2. Agriculture Page 200

9. Keep minutes of its meetings and other books and records

that clearly reflect all acts and transactions of the board. The

board shall open its records to examination by any participating

producer or the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry during regular business hours;

provided, the board may determine in bylaws that certain information

provided by a commodity producer is confidential due to proprietary

or privacy reasons;

10. Set the rate of the assessment. The rate may not exceed

the maximum established by statute in the case of successor

organization or in the election authorizing the assessment or a

subsequent election establishing a maximum rate in the case of a

certified organization;

11. Deposit all monies received by the board, including but not

limited to assessments, donations, and grants, in a bank selected by

the board and invest in securities of the state or federal

government, certificates of deposit or certificates of any bank,

trust company or savings and loan association insured by a federal

agency;

12. Establish an office or headquarters as necessary;

13. Purchase, lease, sell, exchange or dispose of real or

personal property;

14. Formulate general policies and programs for the education,

discovery, promotion, and development of markets and industries for

the utilization of the commodity in cooperation with the Oklahoma

Department of Agriculture, Food, and Forestry;

15. Hire or retain legal counsel to represent the board in any

matter and producers in matters pertaining to transportation

problems and other matters which could result in potential

substantial loss to producers;

16. Borrow money for any lawful purpose;

17. Act separately or in cooperation with any person in

developing, carrying out, and participating in programs of research,

disease and insect control, predator control, education, and

promotion designed to encourage the production, marketing, and use

of the commodity on which the assessment is levied; and

18. Exercise such other powers as necessary to carry out the

purposes of the Oklahoma Agricultural Commodity Act.

B. The State Board of Agriculture may promulgate rules for the

establishment of commodity producer boards pursuant to the Oklahoma

Agricultural Commodity Act as necessary. The rules shall ensure

that such commodity producer boards are established and administered

in a uniform manner.
Okla. Stat. tit. 2, § 2-1505 — OK Code / Title 2 / Section 2-1505
Renumbered as § 18-184 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-85.12 — OK Code / Title 2 / Section 2-8-85.12
Deposit of funds
Status: in_force

The State Board of Agriculture shall remit at least monthly all

monies received pursuant to the Soil Amendment Act to the State

Treasurer. Upon receipt of the monies the State Treasurer shall

deposit the entire amount in the State Treasury and shall credit the

monies to an appropriate State Department of Agriculture Fund.
Okla. Stat. tit. 2, § 2-8-77.14 — OK Code / Title 2 / Section 2-8-77.14
Publication of information
Status: in_force

The State Board of Agriculture shall have authority to publish

information concerning the distribution of fertilizer and results of

analyses based on official samples of fertilizer distributed within

the state.
Okla. Stat. tit. 2, § 2-1301-215 — OK Code / Title 2 / Section 2-1301-215
Renumbered as Section 16-35 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-5-63.7 — OK Code / Title 2 / Section 2-5-63.7
Expenses
Status: in_force

The designated nonprofit commodity organization is responsible

for all expenses incurred in connection with the referendum.
Okla. Stat. tit. 2, § 2-5-60.15 — OK Code / Title 2 / Section 2-5-60.15
Conduction of election and referendum – Eligibility to
Status: in_force

vote – Candidates – Write-in votes.

A. Subject to the approval of the Commissioner, the certified

organization shall conduct the election and referendum on a

statewide basis.

B. A producer of the agricultural commodity is eligible to vote

in the election and referendum if:

1. The producer's production occurs within the state; and

2. The producer would be required under the referendum to pay

the assessment.

C. Any producer who is eligible to vote at the election and

referendum is eligible to be a member or a candidate for membership

on the commodity producers board.

D. A potential candidate shall file with the certified

organization an application to have the name of such potential

candidate printed on the ballot. The application shall be signed by

the candidate and by at least ten producers who are eligible to vote

at the election. The application shall be filed at least thirty

(30) days before the date set for the election.

E. A voter may vote for board members by writing in the name of

any eligible person whose name is not printed on the ballot.

F. 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.Oklahoma Statutes - Title 2. Agriculture Page 7
Okla. Stat. tit. 2, § 2-5-17a — OK Code / Title 2 / Section 2-5-17a
Rights to engage in agritourism activities – Requirements
Status: in_force

and regulations.

A. Except as otherwise provided in this subsection, the rights

of Oklahomans to engage in agritourism activities shall not be

banned by any county, municipality, state agency or political

subdivision. Agritourism activities shall only be engaged in a

lawful manner pursuant to the Oklahoma Horse Racing Act and in

compliance with health and safety zoning requirements, as well as

health and safety regulations, by the state and local governments.

B. "Agritourism activities" as used in this section means

utilizing livestock or poultry for entertainment or educational

purposes. This shall include horseback riding, horse-drawn carriage

rides, livestock and poultry shows, petting farms, rodeos,

activities that historically involved the utilization of working

animals and other substantially similar activities.

C. "Agritourism activities" as used in this section shall not

include cockfighting, as defined in Section 1692.1 of Title 21 of

the Oklahoma Statutes or fighting dogs, as defined in Section 1693

of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 2, § 2-3-83 — OK Code / Title 2 / Section 2-3-83
Keeping of records – Board audits
Status: in_force

A. Every commercial and noncommercial applicator shall keep

accurate records pertaining to pesticide activities, applications,

and wood infestation reports, as required by the State Board of

Agriculture. The records of the applicator shall be kept intact at

Oklahoma Statutes - Title 2. Agriculture Page 127

the principal business location in this state for at least two (2)

years after their date of expiration and copies shall be furnished

to any authorized agent of the Board, immediately upon request in

person, at any time during the regular business hours of the

applicator. Copies of records shall be furnished to any authorized

agent of the Board within seven (7) working days of a written

request, in summary form, by mail, fax, e-mail, web site, or any

other electronic media customarily used.

B. Every restricted use pesticide dealer shall keep accurate

records pertaining to restricted use pesticide purchases and sales,

as required by the Board. The records shall be kept intact at the

principal business location in this state for at least two (2) years

after their date of expiration. Copies shall be furnished to any

authorized agent of the Board at any time during the regular

business hours of the dealer, immediately upon request in person, or

within seven (7) working days of a written request, in summary form,

by mail, fax, e-mail, web site, or any other electronic media

customarily used.

C. It shall be the duty of the Board to audit the maintenance

of records as necessary to carry out the provisions of the Oklahoma

Agriculture Code.
Okla. Stat. tit. 2, § 2-8-95 — OK Code / Title 2 / Section 2-8-95
Seizure - Condemnation - Disposal
Status: in_force

Any lot or amount of weed-infested material that is not in

compliance with the provisions of this subarticle shall be subject

to seizure upon petition of the State Board of Agriculture, to the

district court of the county in which the weed-infested material is

found or is located. If the weed-infested material is found to be

in violation of the provisions of this subarticle, the district

court shall enter an order condemning the weed-infested material and

directing that the material be denatured, processed, destroyed, or

disposed of in compliance with the provisions of this subarticle.
Okla. Stat. tit. 2, § 2-8-41.15 — OK Code / Title 2 / Section 2-8-41.15
Publication of commercial feed information
Status: in_force

The State Board of Agriculture may publish information

concerning the sales of commercial feeds, together with the data on

their production and use as it may consider advisable, and a report

of the results of the analyses of official samples of commercial

feeds sold within the state as compared with the analyses guaranteed

on the label. The information concerning production and use of

commercial feed shall not disclose the operations of any person.
Okla. Stat. tit. 2, § 2-18-40 — OK Code / Title 2 / Section 2-18-40
Exemption of Council from certain state laws
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 640

The Oklahoma Beef Council shall not be subject to the:

1. Oklahoma Personnel Act; or

2. Competitive Bidding Act administered by the Office of

Management and Enterprise Services.
Okla. Stat. tit. 2, § 2-8-41.13 — OK Code / Title 2 / Section 2-8-41.13
Minor violations - Judicial review - Penalties
Status: in_force

A. Nothing in this subarticle shall be construed as requiring

the State Board of Agriculture or its representative to:

1. Report for prosecution; or

2. Institute seizure proceedings; or

3. Issue a "Stop Sale" order, as a result of minor violations

of this subarticle, or when the public interest will best be served

by a suitable notice of violation or written warning.

B. Any person adversely affected by an act, order, or ruling

made pursuant to the provisions of this subarticle may within forty-

five (45) days bring action in the Oklahoma County District Court

for judicial review.

C. Any person who uses any information acquired concerning any

method, records, formulations, or processes which is entitled to

protection as a trade secret for personal advantage, or reveals that

information to other than the Board, or the courts when relevant in

Oklahoma Statutes - Title 2. Agriculture Page 404

any judicial proceeding, is guilty of a misdemeanor. This

prohibition shall not prohibit the Board from exchanging information

of a regulatory nature with duly appointed officials of the United

States government, or of other states, who are similarly prohibited

by law from revealing this information.
Okla. Stat. tit. 2, § 2-6-197 — OK Code / Title 2 / Section 2-6-197
Articles not intended as human food
Status: in_force

Inspection shall not be provided under Sections 181 et seq. of

this title at any establishment for the slaughter of cattle, bison,

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

preparation of any carcasses or parts or products of such animals

Oklahoma Statutes - Title 2. Agriculture Page 274

which are not intended for use as human food, but such articles

shall, prior to their offer for sale or transportation in intrastate

commerce, unless naturally inedible by humans, be denatured or

otherwise identified as prescribed by regulations of the Board to

deter their use for human food. 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 food products of any such animals, 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. Any person who violates the

provisions of this section shall, upon conviction, be guilty of a

Class D3 felony offense and shall be punished by imprisonment as

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

of the Oklahoma Statutes.
Okla. Stat. tit. 2, § 2-10-77 — OK Code / Title 2 / Section 2-10-77
Acts constituting violations of subarticle
Status: in_force

It shall be a violation of this subarticle for any person other

than those exempted in Section 10-77 of the Oklahoma Agricultural

Code:

1. To sell, display for sale, or offer for sale eggs below the

quality of “Oklahoma Grade B” to consumers;

2. To sell, display for sale, or offer for sale eggs to

consumers unless the container shows the pack-date and indicates the

correct size and grade in boldface legible letters with no other

descriptive wording. Descriptive wording is permitted if the eggs

are not below the quality of “Oklahoma Grade A” and the descriptive

wording is not false or misleading;

3. To sell, display for sale, or offer for sale eggs to

consumers unless the container exterior bears one of the following

acceptable methods:

a. USDA plant number assigned by USDA, AMS while plant is

under contract for official grading service,

b. Oklahoma state permit number as assigned by the

Oklahoma Department of Agriculture, Food, and

Forestry,

c. packer name with complete address of the location

where eggs were packed, and

d. USDA shell egg surveillance registrant number

including state code and handler code. Example: 05

0267 NOTE: The shell egg surveillance registrant

number contains a state code, county code, and handler

code. Do not include the county code, only state and

handler code;

4. To falsely or deceptively label, mark, advertise, or invoice

eggs;

5. To advertise eggs for sale with any descriptive wording,

except official grade designations, unless the eggs meet the quality

Oklahoma Statutes - Title 2. Agriculture Page 488

requirements of “Oklahoma Grade A” or “Oklahoma Grade AA”, or to

state a price when advertising eggs without also designating the

full, correct, and unabbreviated grade and size;

6. To store graded eggs at a higher ambient temperature than

specified in Section 10-73 of this title, including “Grade B” and

above, which are in the person's possession for sale or resale to

consumers;

7. To sell, display for sale, or offer for sale eggs to

consumers in a container that does not bear the permit number of the

packer or processor showing that the inspection fee has been paid;

8. To use a retail egg container more than one time;

9. To do business as a packer, processor, retailer, or dealer

of eggs without first obtaining a license from the Board;

10. To fail or neglect to pay any license or inspection fee, to

fail or neglect to file the monthly inspection fee report when

required, or to file a false monthly report of the quantity of eggs

packed for sale during any month;

11. To refuse any authorized agent of the Board entry to any

premises or deny access to records or product when conducting

inspections, investigations, or audits made pursuant to this

subarticle;

12. To sell, display for sale, or offer for sale eggs to

consumers below Grade “A” with any descriptive wording other than

the correct grade as provided by the United States Department of

Agriculture standards for shell eggs; or

13. For any packer or dealer to sell eggs intended for sale in

Oklahoma to another packer, dealer, or retailer who does not hold an

appropriate Oklahoma license.
Okla. Stat. tit. 2, § 2-5-63.15 — OK Code / Title 2 / Section 2-5-63.15
State assessment collection
Status: in_force

The collection of the state assessment shall be collected in the

same manner as the federal assessment for the federally approved

commodity.
Okla. Stat. tit. 2, § 2-14-41 — OK Code / Title 2 / Section 2-14-41
Advertising
Status: in_force

Whenever a packaged commodity is advertised in any manner and

the retail price is stated, a declaration of quantity shall also

appear on the package closely associated with the retail price.

Where a dual declaration is required, only the declaration that sets

forth the quantity in terms of the smaller unit of weight or measure

need appear in the advertisement.

Oklahoma Statutes - Title 2. Agriculture Page 527
Okla. Stat. tit. 2, § 2-1767 — OK Code / Title 2 / Section 2-1767
Renumbered as § 5-87 of this title by Laws 2001, c. 146, §
Status: in_force

259, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-791 — OK Code / Title 2 / Section 2-791
Renumbered as § 8-36.1 of this title by Laws 2001, c. 146,
Status: in_force

§ 248, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-181 — OK Code / Title 2 / Section 2-6-181
Designation
Status: in_force

This act shall be designated as the "Oklahoma Meat Inspection

Act."
Okla. Stat. tit. 2, § 2-16-71.7 — OK Code / Title 2 / Section 2-16-71.7
Agricultural land - Trespass - Duty owed
Status: in_force

A. An owner, lessee, or other occupant of agricultural land:

1. Does not owe a duty of care to a trespasser on the land; and

Oklahoma Statutes - Title 2. Agriculture Page 617

2. Is not liable for any injury to a trespasser, except for

willful or wanton acts of negligence or gross negligence by the

owner, lessee, or other occupant of the land.

B. Agricultural land is defined as any real property that is

used in production of plants, fruits, wood, or farm or ranch animals

to be sold off the premises.
Okla. Stat. tit. 2, § 2-1456 — OK Code / Title 2 / Section 2-1456
Renumbered as § 8-80.7 of this title by Laws 2001, c. 146,
Status: in_force

§ 252, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1021 — OK Code / Title 2 / Section 2-1021
Renumbered as § 18-300 of this title by Laws 2001, c. 146, § 250, emerg. eff. April 30,
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 33§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-3.4 — OK Code / Title 2 / Section 2-5-3.4
Grants or loan funds – Applications – Evaluation criteria
Status: in_force

– Proprietary information.

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

shall require eligible applicants to submit information, forms and

reports as are necessary to properly and efficiently administer the

Oklahoma Agriculture Enhancement and Diversification Program.

B. Persons may apply to the Department for grant or loan funds

in accordance with rules promulgated by the State Board of

Agriculture. Applications for grant or loan funds shall be approved

or denied by the Department in accordance with criteria promulgated

by the State Board of Agriculture pursuant to the Oklahoma

Agriculture Enhancement and Diversification Program.

Oklahoma Statutes - Title 2. Agriculture Page 171

C. Grant or loan funds may be made available to eligible

applicants pursuant to evaluation by the Department based on the

following criteria:

1. Preference may be given to the applicants whose:

a. industrial and nonfood production processes utilize

agricultural products,

b. food, feed and fiber products and uses are innovative

and add to the value of agricultural products,

c. applications demonstrate a high probability of job

creation and return-on-investment,

d. proposals feature research that is innovative as well

as commercially plausible,

e. proposals demonstrate a high probability of rapid

commercialization,

f. projects demonstrate a shared commitment for funding

from other private or public sources or from the

applicant,

g. proposals center efforts on nonurban locales,

h. principals are individuals, a group of individuals, an

individual on behalf of a group, or corporations which

meet the criteria set forth in Section 951 of Title 18

of the Oklahoma Statutes, to market a product or

formulate or implement a marketing plan for

agricultural products produced or processed in

Oklahoma,

i. proposals contain the potential to create additional

income for the farm unit,

j. proposals provide for new and innovative plans for

marketing the product, and

k. proposals for agricultural events that expose new

audiences to agriculture or benefit the entire state

or a large geographic region of the state; and

2. Consideration shall not be given to applications for:

a. research or marketing plans which do not clearly meet

the stated objectives of the Oklahoma Agriculture

Enhancement and Diversification Act,

b. proposals which are aimed solely at business expansion

or creation without regard to agricultural products

utilization,

c. research or marketing plans that cannot reasonably be

expected to result in a viable commercial application,

or that are or have been duplicated by other research

efforts,

d. proposals for agricultural events that do not result

in expansion of the event or encourage additional

public interest in the event, or

Oklahoma Statutes - Title 2. Agriculture Page 172

e. proposals for growing or any other aspect of medical

marijuana.

D. 1. Any information submitted to or compiled by the

Department with respect to the marketing plans, financial

statements, trade secrets, research concepts, methods or products,

or any other proprietary information of persons, firms,

associations, partnerships, agencies, corporations, institutions of

higher education, nonprofit research institutions or other entities

pursuant to the Oklahoma Agriculture Enhancement and Diversification

Program shall not be disclosed pursuant to the Oklahoma Open Records

Act or in public hearings and shall be kept confidential, except to

the extent that the person or entity which provided such information

or which is the subject of such information consents to disclosure.

2. In the event that an independent group of reviewers is used

to analyze and recommend projects for approval by the Board, any

meeting of such group shall be exempt from the Oklahoma Open Meeting

Act.
Okla. Stat. tit. 2, § 2-5-81 — OK Code / Title 2 / Section 2-5-81
Short title - Purpose of program
Status: in_force

A. Sections 5-81 through 5-89 of this title shall be known and

cited as the "Oklahoma Agricultural Linked Deposit Program".

B. It is the purpose of the Oklahoma Agricultural Linked

Deposit Program to provide funding for eligible agricultural

businesses. It is the specific intent of the Legislature that any

funding provided to eligible agricultural businesses for alternative

agricultural products shall diversify Oklahoma's agricultural

industry so as to broaden Oklahoma's economic base.
Okla. Stat. tit. 2, § 2-5-24 — OK Code / Title 2 / Section 2-5-24
Renumbered as § 10-76 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-3-82 — OK Code / Title 2 / Section 2-3-82
Applicator's license required - Categories of pesticide
Status: in_force

application.

A. It shall be unlawful for any person to act, operate, or do

business or advertise as a commercial, noncommercial, certified

applicator, temporary certified applicator, service technician, or

private applicator unless the person has obtained a valid

applicator’s license issued by the State Board of Agriculture for

the category of pesticide application in which the person is

engaged, unless the person is applying to his or her own property.

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

pesticide application if the applicant qualifies and the applicant

is limited to the category of pesticide application named on the

license. The Board may establish categories of pesticide

application as necessary. Licenses shall be issued upon application

to the Board on a form prescribed by the Board. The application

shall contain information regarding the applicant’s qualifications,

proposed operations, and other information as specified by the

Board.

C. 1. An aerial license shall not be issued or be valid unless

the applicant files with the Board a copy of a valid document issued

by the Federal Aviation Administration showing that the person is

qualified to operate or supervise the operation of an aircraft , and

a copy of any other applicable certification as required by the

Federal Aviation Administration for pesticide application.

Oklahoma Statutes - Title 2. Agriculture Page 119

Applicants for an aerial license and pilots working under a license

may be subject to a complete and thorough background examination.

2. The Board shall promulgate rules regarding aerial

applicators and applications consistent with federal law and shall

solicit the assistance of the Federal Aviation Administration in the

enforcement of this subsection.

D. Each business location shall require a separate license and

separate certified applicator except that a certified applicator for

a noncommercial business location may also serve as the certified

applicator for one commercial business location.

E. A license shall not be issued for the category of pesticide

application of any applicant or representative who has a temporary

certification.
Okla. Stat. tit. 2, § 2-18-185 — OK Code / Title 2 / Section 2-18-185
Removal of members
Status: in_force

A member of the Sheep and Wool Utilization, Research and Market

Development Commission shall be removable by a two-thirds (2/3) vote

of the other members of the Commission for cause. A member ceasing

to be a resident of the state, ceasing to live in the district from

which the member was elected, or ceasing to be actually engaged in

producing sheep or wool in the state shall be deemed sufficient

cause for removal from office.
Okla. Stat. tit. 2, § 2-5-13 — OK Code / Title 2 / Section 2-5-13
Agritourism Revolving Fund
Status: in_force

A. There is hereby created in the State Treasury a fund to be

known as the “Agritourism Revolving Fund”. All monies, fees, and

revenues collected, authorized, or received from any source by the

State Board of Agriculture or any division, officer, or employee of

the State Department of Agriculture pursuant to the provisions of

Section 1 of this act or any law or agreement shall be deposited in

the fund.

Oklahoma Statutes - Title 2. Agriculture Page 183

B. The fund shall be a continuing fund and shall be expended

only for purposes specifically authorized and approved by a majority

vote of the five (5) members appointed to and constituting the

Board. The President, in the absence of the Board, may approve

disbursements for lawfully authorized purposes.

C. The Board shall have authority to employ and pay out of the

fund personnel as needed or required to conduct authorized services.

D. All claims against the fund shall be paid only upon the

majority approval of the Board, or the President in the absence of

the Board.
Okla. Stat. tit. 2, § 2-9-134.1 — OK Code / Title 2 / Section 2-9-134.1
Custodial account defaults - Board taking possession of
Status: in_force

assets - Distribution.

A. Upon the suspension or revocation of any livestock auction

market license as a result of a custodial account default, the Board

shall have the authority to take possession of any and all assets

which belong to the custodial account for shippers' proceeds,

including, but not limited to, custodial account checking or savings

accounts, custodial account certificates of deposit, receivables and

livestock for which the custodial account has not been reimbursed or

any other assets which belong to the custodial account as determined

by the Board.

B. Assets taken into possession shall be limited to custodial

account assets as determined by the State Board of Agriculture. All

funds collected from custodial account assets shall be placed in an

account of the Department of Agriculture specifically designated as

a shippers' proceeds trust fund.

C. The Board shall have the authority to receive, deposit and

administer all proceeds belonging to the custodial account for

Oklahoma Statutes - Title 2. Agriculture Page 450

shippers' proceeds of any livestock auction market whose license has

been suspended or revoked.

D. Upon taking possession of any such assets specified by this

section, the Board shall distribute the assets as follows:

1. The Board shall receive an amount equal to the cost incurred

by the Board in handling and maintenance of the trust fund of

shippers' proceeds, including cost of hauling, yardage, watering,

feeding, commissions and other costs in the marketing or handling of

any livestock taken into possession; and

2. All remaining funds shall be proportioned among all persons

submitting valid claims as determined by the Board.
Okla. Stat. tit. 2, § 2-6-509 — OK Code / Title 2 / Section 2-6-509
Administrative or criminal penalty, assessment – Cancellation or revocation of
Status: in_force

registration, permit, certificate, license, identification, or order – Violations of WildlifeCancellation or revocation of registration, permit, certificate,

license, identification, or order – Violations of Wildlife

Conservation Code.

A. The assessment of an administrative or criminal penalty for

violations of the Oklahoma Farmed Cervidae Act shall be pursuant to

Section 2-18 of Title 2 of the Oklahoma Statutes.

B. Any person with a registration, permit, certificate, license,

identification, or order that is canceled or revoked by the Oklahoma

Department of Agriculture, Food, and Forestry shall be prohibited

from obtaining a new registration, permit, certificate, license,

identification, or order until after the date the canceled or revoked

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

would have expired.

C. Any person that violates the provisions of the Oklahoma

Wildlife Conservation Code contained in Title 29 of the Oklahoma

Statutes shall be subject to the administrative and criminal

provisions contained in the Oklahoma Wildlife Conservation Code.
Okla. Stat. tit. 2, § 2-6-102 — OK Code / Title 2 / Section 2-6-102
Sale of bovine animals or removal from markets –
Status: in_force

Compliance records.

A. It shall be unlawful for any person, company, firm,

corporation, livestock market, concentration yard, or livestock

auction, to sell animals or to remove animals from markets unless

Oklahoma Statutes - Title 2. Agriculture Page 250

the animals are in compliance with rules promulgated by the State

Board of Agriculture.

B. Animals that are sold prior to testing shall revert to the

seller without obligation to the purchasers if the animals are

reactors, and all expenses incurred in testing shall be paid by the

seller.

C. A record of compliance shall be on a form approved by the

State Veterinarian.
Okla. Stat. tit. 2, § 2-6-213 — OK Code / Title 2 / Section 2-6-213
Administration of Meat Inspection Act and Poultry Product
Status: in_force

Inspection Act.

The State Department of Agriculture shall carry out the

provisions of the Oklahoma Meat Inspection Act, Sections 6-181

through 6-209 of Title 2 of the Oklahoma Statutes and the Oklahoma

Poultry Products Inspection Act, Sections 6-251 through 6-276 of

Title 2 of the Oklahoma Statutes. Further, the provisions of this

act shall be administered by the Department despite any potential

requested reductions in the overall Department budget.
Okla. Stat. tit. 2, § 2-361q — OK Code / Title 2 / Section 2-361q
Renumbered as § 17-18 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.