Okla. Stat. tit. 2, § 2-5-87 — OK Code / Title 2 / Section 2-5-87
Acceptance or rejection of agricultural linked deposit
Status: in_force

loan package - Notice - Agricultural linked deposit agreements.

A. The State Treasurer may accept or reject an agricultural

linked deposit loan package or any portion of the package, based on

the State Treasurer's evaluation of the eligible agricultural

businesses included in the package, the amount of individual loans

in the package, and the amount of the package. If the State

Treasurer recommends rejection, the written recommendation shall

include reasons for the rejection in a report to the State Board of

Agriculture. The Board shall forward a copy of the rejection notice

to the lending institution and the borrower. The borrower may be

allowed to bring the application into compliance with the Board and

the State Treasurer and resubmit the application. If the State

Treasurer rejects the loan because sufficient funds are not

available for a linked deposit, then the applications may be

considered in the order received when funds are once again available

subject to a review by the Board and the lending institution. In

evaluating the eligible agricultural businesses, the State Treasurer

shall consider the recommendation of the Board and the economic

needs of the area where the business is located.

B. The State Treasurer may accept or reject an agricultural

linked deposit loan package or any portion of the package, based on

the agricultural business's debt-to-asset ratio. The State

Treasurer shall have the authority to establish quarterly, based on

the availability of funds, a minimum debt-to-asset ratio of not less

than forty percent (40%), nor more than fifty-five percent (55%),

required to qualify as an at-risk farm or ranch business.

C. Upon acceptance of the agricultural linked deposit loan

package or any portion of the package, the State Treasurer shall

notify the Board, the lending institution and the borrower. Upon

acceptance, the State Treasurer may place certificates of deposit

with the eligible lending institution at a rate below current market

rates, as determined and calculated by the State Treasurer, or may

invest in bonds, notes, debentures, or other obligations or

securities issued by the federal farm credit bank with respect to

the eligible lending institution at a rate below current market

rates, as determined and calculated by the State Treasurer. When

Oklahoma Statutes - Title 2. Agriculture Page 221

necessary, the State Treasurer may place certificates of deposit or

may invest in obligations or securities prior to acceptance of an

agricultural linked deposit loan package.

D. 1. The eligible lending institution shall enter into an

agricultural linked deposit agreement with the State Treasurer, that

shall include requirements necessary to implement the purposes of

the Oklahoma Agricultural Linked Deposit Program. The requirements

shall include an agreement by the eligible lending institution to

lend an amount equal to the agricultural linked deposit to eligible

agricultural businesses at an interest rate that reflects a

percentage rate reduction below the present borrowing rate

applicable to each specific agricultural business in the accepted

loan package that is equal to the percentage rate reduction below

market rates at which the certificates of deposit that constitute

the agricultural linked deposit were placed or at which the

investments in bonds, notes, debentures, or other obligations or

securities that constitute the agricultural linked deposit were

made. The requirements shall also reflect the market conditions

prevailing in the eligible lending institution's lending area.

2. The agreement may include a specification of the period of

time in which the lending institution is to lend funds upon the

placement of a linked deposit, and shall include provisions for the

certificates of deposit to be placed or the investment in bonds,

notes, debentures, obligations, or securities to be made for any

maturity considered appropriate by the State Treasurer not to exceed

two (2) years and may be renewed for up to an additional three

renewals not to exceed two (2) years each at the option of the State

Treasurer. Two additional renewals may be approved by the State

Treasurer up to a total duration of participation of twelve (12)

years, but new eligible participants and eligible participants who

have had linked deposit loans for less than eight (8) years shall

have priority over renewals. No renewals will be allowed unless the

amount of principal has been reduced by a minimum of five percent

(5%) and all interest paid to date from the time of the prior loan

or renewal. Interest shall be paid at the times determined by the

State Treasurer.
Okla. Stat. tit. 2, § 2-6-131 — OK Code / Title 2 / Section 2-6-131
Short title
Status: in_force

This act shall be known and may be cited as the "Foreign Animal

Diseases Act".
Okla. Stat. tit. 2, § 2-45 — OK Code / Title 2 / Section 2-45
Renumbered as § 15-14 of this title by Laws 2001, c. 146, §
Status: in_force

267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1750 — OK Code / Title 2 / Section 2-1750
Renumbered as § 9-141 of this title by Laws 2001, c. 146,
Status: in_force

§ 256, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-115 — OK Code / Title 2 / Section 2-15-115
General powers and authority - Report
Status: in_force

A. The board of directors shall have the power, authority and

control over any agricultural and industrial exposition and fair,

Oklahoma Statutes - Title 2. Agriculture Page 566

and the management, operation and conducting of the exposition and

fair.

B. The board shall at the end of each calendar year, and in any

event not later than thirty (30) days thereafter, make and file

under oath, with the board of county commissioners, a complete

detailed report of all their transactions of business and finance

for the year. When approved by the board of county commissioners,

the report shall be filed with the county clerk.
Okla. Stat. tit. 2, § 2-4008 — OK Code / Title 2 / Section 2-4008
Oklahoma State University Veterinary Medicine Authority
Status: in_force

Agency Special Account.

A. The funds deposited in the Oklahoma State University

Veterinary Medicine Authority Agency Special Account created in

subsection B of this section shall be invested by the State

Treasurer in the manner provided for by law. The return on such

investments shall be credited to the accounts of the Authority.

B. There is hereby created in the State Treasury an official

depository account for the Oklahoma State University Veterinary

Medicine Authority, to be designated the Oklahoma State University

Veterinary Medicine Authority Agency Special Account. The account

shall consist of an agency clearing account and an agency special

account. All revenues, except federal entitlements and state

appropriations, generated by the Oklahoma State University

Veterinary Medicine Authority shall be deposited in these accounts.

Oklahoma Statutes - Title 2. Agriculture Page 781

C. The Authority shall be subject to blanket bond coverage as

provided in Sections 85.58Q through 85.58V of Title 74 of the

Oklahoma Statutes, provided the Authority shall be authorized to

purchase increased amounts of fidelity bond coverage for employees

for whom it is deemed necessary by the Authority. When the amount

listed in Section 85.58T of Title 74 of the Oklahoma Statutes is

deemed inadequate, the cost of increased coverage shall be borne by

the Authority.
Okla. Stat. tit. 2, § 2-5-203 — OK Code / Title 2 / Section 2-5-203
Definitions
Status: in_force

As used in the Healthy Food Financing Act:

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

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

Food, and Forestry;

3. "Financing" means loans, grants and forgivable loans;

4. "Grocery store" means a for-profit or not-for-profit self-

service retail establishment that primarily sells meat, seafood,

fruits, vegetables, dairy products, dry groceries, household

products and sundries;

5. "Low-income community" means a census tract, as reported in

the most recent decennial census published by the United States

Bureau of the Census, that has a poverty rate of at least twenty

percent (20%) or in which the median family income does not exceed

eighty percent (80%) of the greater of the statewide or metropolitan

median family income;

6. "Moderate income community" means a census tract, as

reported in the most recent decennial census published by the United

States Bureau of the Census, in which the median family income is

between eighty-one percent (81%) and ninety-five percent (95%) of

the statewide or metropolitan median family income;

Oklahoma Statutes - Title 2. Agriculture Page 232

7. "Small food retailer" means a small retail outlet less than

two thousand five hundred (2,500) square feet, which sells a limited

selection of foods and other products; and

8. "Underserved community" means a census tract, as reported in

the most recent decennial census published by the United States

Bureau of the Census, determined to be an area with low supermarket

access by either the United States Department of Agriculture, as

identified in the Food Access Research Atlas, or through a

methodology that has been adopted for use by another governmental

healthy food initiative.
Okla. Stat. tit. 2, § 2-5-63.11 — OK Code / Title 2 / Section 2-5-63.11
Referendum certification
Status: in_force

A. In a referendum election, if the Commissioner of the

Oklahoma Department of Agriculture, Food, and Forestry finds that

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

section are met, the Commissioner shall publicly certify the

adoption of the referendum proposition. Otherwise, the Commissioner

shall certify that the referendum proposition was defeated.

B. 1. The adoption of the referendum proposition will be

subject to the referendum process outlined by the federally approved

commodity board.

2. In the event that the federally approved commodity board

does not have an outlined referendum process, the referendum

proposition will be adopted upon finding that:

a. two-thirds (2/3) or more of those voting in the

election voted in favor of the referendum proposition,

or

b. more than one-half (1/2) of those voting in the

election voted in favor of the referendum proposition

and those voting in favor of the proposition produced

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

production of the commodity during the relevant

production period.

C. Upon certification of the referendum proposition, the

designated federally approved commodity board shall be the recipient

of any state assessment.
Okla. Stat. tit. 2, § 2-5-25 — OK Code / Title 2 / Section 2-5-25
Renumbered as § 10-77 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-2-4 — OK Code / Title 2 / Section 2-2-4
Powers of Board
Status: in_force

A. The State Board of Agriculture shall have the power to:

Oklahoma Statutes - Title 2. Agriculture Page 44

1. Adopt and prescribe the use of a seal, which shall be in the

custody of the Secretary of the Board;

2. Promulgate rules necessary, expedient, or appropriate to the

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

objectives, or provisions of the Oklahoma Agricultural Code;

3. Initiate and prosecute administrative, civil, or criminal

actions and proceedings necessary under the Oklahoma Agricultural

Code;

4. Appoint authorized agents to make inspections or

investigations and to perform other services for the Board or any

division of the Oklahoma Department of Agriculture, Food, and

Forestry;

5. Consolidate any of the divisions established by the Oklahoma

Agricultural Code, transfer any of the functions or activities to

another division, place additional functions or activities in a

division, establish new divisions, and create new or additional

positions in the Department, when conducive to a more efficient

administration and enforcement of laws pertaining to agriculture;

6. Sell, exchange, or dispose of property;

7. Have jurisdiction over all matters affecting animal

industry, animal health, and animal quarantine;

8. Issue stop-sale and stop-use orders and quarantines;

9. Employ, appoint, or contract and fix the duties and

compensation of the director of each division of the Department and

other personnel, either on a full-time, part-time, or contractual

basis, as deemed necessary by the Board;

10. Fix the qualifications of the personnel in the Department;

11. Accept and use grants of money and other property from any

source;

12. Advise, consult, cooperate, and enter into agreements or

contracts with persons as defined in the Oklahoma Agricultural Code;

13. Coordinate with the federal government and other states on

matters pertaining to agriculture;

14. Revoke, suspend, or deny for up to one (1) year, any

license, permit, or charter issued by the Board if the Board finds

any violations of the Oklahoma Agricultural Code or any rule of the

Board;

15. Adopt a master plan and promulgate rules for the protection

of state-owned and private forestry, grazing, and other lands from

damage by fire and for suppressing fires on lands. In carrying out

the master plan the Board is authorized to enter into contractual

agreements with the federal government, local political subdivisions

of the state, individuals, private organizations, companies, and

corporations for protection and for the suppression of fires and to

expend funds as available for these services. To effectuate the

purposes of the Oklahoma Agricultural Code, the Board is authorized

to enter into contractual agreements with private landowners for the

Oklahoma Statutes - Title 2. Agriculture Page 45

protection and suppression of fires, provided that the private

landowners reimburse the Board for actual expenses incurred in the

protection and suppression of fires on privately owned lands;

16. Have jurisdiction over all matters affecting agriculture as

contained and set out in the Oklahoma Agricultural Code, which have

not been expressly delegated to another state or federal agency and

be responsible for fully implementing and enforcing the laws and

rules within its jurisdictional areas of environmental

responsibility.

a. The Department of Environmental Quality shall have

environmental jurisdiction over:

(1) commercial manufacturers of fertilizers, grain

and feed products, and chemicals, and over

manufacturing of food and kindred products,

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

other agricultural products,

(2) slaughterhouses, but not including feedlots at

these facilities, and

(3) aquaculture and fish hatcheries, including, but

not limited to, discharges of pollutants and

storm water to waters of the state, surface

impoundments and land application of wastes and

sludge, and other pollution originating at these

facilities.

b. Facilities storing 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 storm water discharges;

17. Have jurisdiction over all matters affecting the

importation, health, and quarantining of exotic livestock;

18. Prescribe forms of application, certification, licenses,

charters, and other forms and blanks as may be necessary to carry

out the provisions of the Oklahoma Agricultural Code;

19. Stagger throughout the year the renewal dates for any

licenses or permits issued by the Department pursuant to the

provisions of the Oklahoma Agricultural Code by notifying licensees

in writing of the expiration and renewal date being assigned to the

licensee and permittee and by making an appropriate adjustment in

the fee charged for the license or permit;

20. Establish and collect fees for licenses, permits, charters,

and services provided. The fees shall be promulgated in accordance

with the Administrative Procedures Act and shall be fair and

equitable to all parties concerned;

Oklahoma Statutes - Title 2. Agriculture Page 46

21. Establish planting and harvesting seasons for the purpose

of meeting the maximum driving and on-duty time exemptions set forth

in the National Highway System Designation Act of 1995. The Board

shall notify the United States Secretary of Transportation of the

seasons;

22. Fix and adopt official standards for grading and

classifying any agricultural commodity, meat, or meat product

prepared, produced, or distributed in Oklahoma;

23. Promulgate rules, make investigations, and conduct hearings

for the purpose of making inspection compulsory on any agricultural

commodity and designate the shipping points where compulsory

inspection applies;

24. Inspect agricultural commodities, at any time, upon request

of any financially interested party or when necessary and to issue

certificates showing the quality and condition of the commodities at

the time of the inspection;

25. Grade meat or meat products upon the request of any packing

plant in Oklahoma. The packing plant shall be required to pay the

cost of services, including the compensation and expenses of

personnel employed to perform the actual grading;

26. Apply to the district court for a temporary or permanent

injunction or any other remedy restraining any person from violating

the Oklahoma Agricultural Code;

27. Extend and implement the powers and provisions granted by

the Oklahoma Agricultural Code to all programs administered by the

Department regardless of whether the statutes creating the program

are codified in this title;

28. Increase its efforts to ensure the safety and quality of

food and food products for wholesalers and retail sales in this

state and shall include, but not be limited to, inspections of

retailers and wholesalers to ensure compliance with all federal and

state certification standards;

29. Exercise all incidental powers which are necessary and

proper to implement and administer the purposes of the Oklahoma

Agricultural Code;

30. Accept upon behalf of the Department any gift or donation

of property, including but not limited to monetary gifts;

31. Promulgate rules regarding prescribed burning and smoke

management;

32. Enter into written leases or lease-purchase agreements to

acquire equipment, furnishings, supplies and other items necessary

for the operation of the Oklahoma Department of Agriculture, Food,

and Forestry Agriculture Laboratory;

33. Exercise all incidental powers and promulgate rules,

procedures and forms which are necessary and proper to implement,

administer and enforce the Oklahoma Scrap Metal Dealers Act;

Oklahoma Statutes - Title 2. Agriculture Page 47

34. Promulgate rules to ensure state control of any federal

program relating to on-farm fruit and vegetable production

inspections and regulation;

35. Develop a pollinator protection plan to promote the health

of and mitigate the risks to honeybees and other managed

pollinators;

36. Issue certificates of free sale for any products or items

within the jurisdiction of the Oklahoma Department of Agriculture,

Food, and Forestry; and

37. Prepare, in consultation with the Governor and the Attorney

General, any necessary plans, reports or other documents for

submission to the United States Department of Agriculture for

approval of the Oklahoma Industrial Hemp Program.

B. 1. If upon inspection or investigation, or whenever the

Oklahoma Department of Agriculture, Food, and Forestry determines

that there are reasonable grounds to believe that any person is in

violation of any part of the Oklahoma Environmental Quality Code

which is the responsibility and jurisdiction of the Oklahoma

Department of Agriculture, Food, and Forestry, any rule promulgated

by the State Board of Agriculture, or of any order, permit,

certificate, registration, charter, or license issued by the Board,

the Department may give written notice to the alleged violator of

the specific violation and of the alleged violator's duty to correct

the violation immediately or within a set time period or both and

that the failure to do so shall result in administrative fines or

penalties.

2. Whenever the Department finds that an emergency exists

requiring immediate action to protect the public health, welfare, or

the environment, the President of the State Board of Agriculture may

without notice or hearing issue an order, effective upon issuance,

reciting the existence of an emergency and requiring that action be

taken as specified in the order to meet the emergency. Any person

to whom an order is directed shall comply immediately but may

request an administrative enforcement hearing within fifteen (15)

days after the order is served. The hearing shall be held by the

Department within ten (10) days after receipt of the request. On

the basis of the hearing record, the President of the Board shall

sustain or modify the original order.
Okla. Stat. tit. 2, § 2-20-13 — OK Code / Title 2 / Section 2-20-13
Irrigation systems
Status: in_force

A. All irrigation systems into which any swine waste will be

injected shall be equipped with one or both of the following

systems:

1. An antipollution system, approved by the State Board of

Agriculture, capable of preventing the backflow of swine waste into

the groundwater. The system shall include a safety check valve with

a removable inspection port, anti-syphon vent, and low-pressure

escape drain. An interlock device shall be installed on pumps that

pump the swine waste so that if a fresh water irrigation pump shuts

Oklahoma Statutes - Title 2. Agriculture Page 699

down, the pump that pumps the swine waste will also immediately shut

down, preventing the chance of leakage past the check valve; or

2. A system which provides for a complete and total

disconnection between the flow of fresh water and the flow of swine

waste. The system shall be capable of a manual disconnection

between fresh water and the swine waste.

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

shall make annual on-site inspections examining the operative status

of the check valves and interlock devices.

C. The operator of the irrigation system shall be responsible

to ensure:

1. That the valves and interlock devices remain operative

between annual inspections by the Department; or

2. Complete disconnection from fresh water when introducing

swine waste into the system.
Okla. Stat. tit. 2, § 2-5-61e — OK Code / Title 2 / Section 2-5-61e
Renumbered as § 14-35 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-18-310 — OK Code / Title 2 / Section 2-18-310
Pledge or mortgage of wheat - Deduction of fee
Status: in_force

A. In the case of a pledge or mortgage of wheat as security for

a loan under the federal price support program, the promotional fee

levied pursuant to the provisions of the Oklahoma Wheat Resources

Act shall be deducted from the proceeds of such loans at the time

the loans are made, or shall be deducted thereafter by agencies of

the federal government. Any producer’s note and loan agreement or

producer’s note and supplemental loan agreement or delivery

instructions issued by the federal agency to the producer are hereby

approved as fulfilling the requirements for invoices, and such forms

shall be deemed to constitute proof of payment of the promotional

fee on the wheat listed thereon.

B. Supplemental or alternate forms which may be proposed by the

Commodity Credit Corporation and contained the necessary information

may be used without revision of the Oklahoma Wheat Resources Act.

C. The Commodity Credit Corporation's use of identification

numbers in lieu of the name of the producer from whom the fee was

collected is hereby approved, provided that authorized officials of

Oklahoma Statutes - Title 2. Agriculture Page 666

the State of Oklahoma will have access at all reasonable times to

records in the county agricultural stabilization and conservation

offices showing the names of producers to whom such identification

numbers have been assigned.

D. If pledged or mortgaged wheat, described in subsection A of

this section, remains in farm storage for the duration of the pledge

or mortgage, the promotional fee so paid at the time the loan was

made shall be deemed a complete satisfaction of the fee liability

unless upon subsequent actual delivery of the wheat from farm

storage in satisfaction of the pledge, or mortgage in the amount of

One Dollar ($1.00) or more, such underpayment being due solely for

the necessity of estimating the quantity of wheat so placed in farm

storage.

E. In connection with the collection of the wheat promotional

fee on Commodity Credit Corporation wheat loans disbursed and

purchase agreement settlement made, undercollections or

overcollections of the wheat promotional fee amounting to One Dollar

($1.00) or less as a result of errors, will not require collection

of the underpayment or refund of the overpayment by Commodity Credit

Corporation and their responsibility in such cases shall be waived.
Okla. Stat. tit. 2, § 2-3-82F — OK Code / Title 2 / Section 2-3-82F
Registration of pesticides and devices
Status: in_force

A. Every pesticide or device distributed, sold, or offered for

sale within this state or delivered for transportation or

transported in intrastate or interstate commerce shall be registered

with the Board.

B. The registrant shall file with the Board a statement

including, but not limited to:

1. The name and address of the registrant and the name and

address of the person whose name shall appear on the label, if other

than the registrant;

2. The name of the pesticide or device;

3. A complete copy of the labeling accompanying the pesticide

or device and a statement of all claims to be made for it, and

directions for use; and

4. If requested by the Board, a full description of the tests

made and the results upon which the claims are based. In renewing a

registration, a statement shall be required only with respect to

information which is different from the information furnished when

the pesticide or device was last registered.

C. Each registrant shall pay to the Board an annual

registration fee of Two Hundred Ten Dollars ($210.00) for each

pesticide or device label registered. These fees shall be used by

the Oklahoma Department of Agriculture, Food, and Forestry for

purposes of administering pesticide management programs. A portion

of these fees, in the amount of Three Hundred Thousand Dollars

($300,000.00) annually, shall be dedicated for conducting programs

for unwanted pesticide disposal. This amount shall be deposited

into the State Department of Agriculture Unwanted Pesticide Disposal

Fund and shall be dedicated for this use only.

D. The Board may require the submission of the complete formula

of any pesticide. Trade secrets and formulations submitted by the

registrant may be kept confidential. If it appears to the Board

Oklahoma Statutes - Title 2. Agriculture Page 124

that the composition of the pesticide is adequate to warrant the

proposed claims and if the pesticide, its labeling, and other

material required to be submitted comply with the requirements of

this section, then the pesticide shall be registered.

E. If it does not appear to the Board that the pesticide or

device is adequate to warrant the proposed claims for it or if the

pesticide or device, its labeling, and other material required to be

submitted do not comply with the provisions of this section, it

shall notify the applicant of the deficiencies in the pesticide,

device, labeling, or other material required and afford the

applicant an opportunity to make the necessary corrections. If the

applicant claims, in writing, that the corrections are not necessary

and requests in writing a hearing regarding the registration of the

pesticide or device, the Board shall provide an opportunity for a

hearing before refusing to issue the registration. In order to

protect the public, the Board may at any time cancel the

registration of a product or device. In no event, shall

registration of a pesticide or device be considered as a defense or

excuse for the commission of any offense prohibited under this

section.

F. The Board may require that pesticides be distinctively

colored or discolored to protect the public health.

G. Registration shall not be required in the case of a

pesticide shipped from one plant or place within this state to

another plant or place within this state that is operated by the

same person.
Okla. Stat. tit. 2, § 2-6-310 — OK Code / Title 2 / Section 2-6-310
Agriculture law enforcement agents
Status: in_force

A. The Commissioner of the State Board of Agriculture may

commission, subject to the approval of the Board, agriculture law

enforcement agents.

B. Agriculture law enforcement agents, when commissioned,

shall:

1. Have all the powers of peace officers except the serving or

execution of civil process other than the execution of civil process

related to the Oklahoma Agricultural Code;

2. Have in all parts of the state the same powers with respect

to criminal matters and enforcement of the laws relating thereto as

sheriffs, highway patrol, and police officers in their respective

jurisdictions;

3. Enforce the civil, criminal, and administrative provisions

relating to livestock theft, animal health and importation statutes

and theft of farming equipment and farm implements, as well as any

other law contained in the Oklahoma Agricultural Code;

4. Possess all immunities and matters of defense now available

or hereafter made available to sheriffs, highway patrol and police

officers in any suit brought against them in consequence of acts

done in the course of their employment; and

5. Comply with the provisions of Section 3311 of Title 70 of

the Oklahoma Statutes.

C. Agriculture law enforcement agents specifically:

1. Are vested with the power and authority of sheriffs in

making arrests for violations of the Oklahoma Agricultural Code and

in the enforcement of nonagriculture-related crimes in cooperation

Oklahoma Statutes - Title 2. Agriculture Page 341

with other law enforcement officers and agencies as authorized by

the Board and approved by the Governor of the State of Oklahoma;

2. May take into possession any farming equipment or farm

implement and any and all livestock, or any part thereof, killed,

taken, shipped or had in possession contrary to the law. Such

livestock or parts thereof may be disposed of as determined by the

Commissioner or any court of competent jurisdiction;

3. May make a complaint and cause proceedings to be commenced

against any person for violation of any of the laws relating to the

Oklahoma Agricultural Code or relating to theft of livestock and of

farming equipment or farm implements, with the sanction of the

prosecuting or district attorney of the county in which the

proceedings are brought, and shall not be required to give security

for costs;

4. In connection with the enforcement of the civil, criminal,

and administrative provisions, shall have the express authority to

stop the transportation or movement of any animal or farming

equipment or farm implement within this state and shall have the

right to enter upon all premises, posted, or otherwise, when

necessary for enforcement of the laws of this state;

5. Shall be under the control and direction of the

Commissioner. The Commissioner may, at any time, remove any powers

or authority of arrest conferred by the Commissioner; and

6. Shall have the right to carry firearms as authorized by the

Commissioner.
Okla. Stat. tit. 2, § 2-5-63.18 — OK Code / Title 2 / Section 2-5-63.18
Failure to remit state assessment
Status: in_force

The federally approved commodity board may investigate

conditions that relate to the prompt remittance of the state

assessment by any producer or processor. If the board determines

that a person has failed to remit to the board the state assessment

Oklahoma Statutes - Title 2. Agriculture Page 215

as required by the Commodity Research Enhancement Act, the board may

independently institute proceedings for recovery of the amount due

to the board or for injunctive or other appropriate relief.
Okla. Stat. tit. 2, § 2-15-114 — OK Code / Title 2 / Section 2-15-114
Election or appointment of successors - Terms -
Status: in_force

Organization of board.

A. Upon the expiration of the term to which each director has

been elected or appointed, the board of county commissioners shall:

1. Cause the filing period for the position of director to the

fair board association to commence in January; and

2. Provide for the election or appointment of the director in

accordance with the provisions as set forth in Section 15-113 of

this title.

B. The director shall be elected or appointed to the board of

directors for a term of three (3) years.

C. The commissioner or county clerk presiding at such meeting

shall certify and file in the office of the county clerk the name or

names of the directors elected. The county clerk shall keep a

record thereof and shall issue to each person elected a certificate

of election.

D. The board of directors shall, within ten (10) days after

appointment and taking oath of office, organize by electing a

president, vice president, secretary and treasurer, who shall hold

office at the pleasure of the board. The secretary shall not be a

member of the board of directors.
Okla. Stat. tit. 2, § 2-15-67 — OK Code / Title 2 / Section 2-15-67
"Free fair" defined - Power of governing board
Status: in_force

A. The term "free fair" as used in Section 15-66 of this title

shall be construed to mean community and county fairs and livestock

shows and other agricultural shows where admission to the grounds

and all exhibit buildings is free and no charge is made for entering

exhibits on which premiums are offered.

B. The governing board shall have the power to designate the

time, place and number of fairs and livestock shows and agricultural

shows in each county.
Okla. Stat. tit. 2, § 2-5-122 — OK Code / Title 2 / Section 2-5-122
Urban Gardens Grant Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

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

designated the "Urban Gardens Grant Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies received by the State Board of

Agriculture from state-appropriated funds, federal funds, donations,

grants and contributions from any public or private source and

designated for the purpose set forth in this section. All monies

accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the Oklahoma Department of Agriculture,

Food, and Forestry for the purpose of administering the Urban

Gardens Grant 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, § 2-74 — OK Code / Title 2 / Section 2-74
Renumbered as § 15-24 of this title by Laws 2001, c. 146, §
Status: in_force

268, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-104k — OK Code / Title 2 / Section 2-104k
Renumbered as § 15-77 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-4017 — OK Code / Title 2 / Section 2-4017
Regulation of parking and traffic — Appointment of police
Status: in_force

officers and guards — Cooperative agreement with Stillwater.

A. The Oklahoma State University Veterinary Medicine Authority

may regulate traffic and the parking of vehicles on property used by

or for the Oklahoma State University Veterinary Medicine Authority.

Such regulations shall be in writing, and copies thereof, including

amendments thereto, shall be filed in the office of the Secretary of

State, and in the office of the city clerk of the City of

Stillwater. The municipal court of the City of Stillwater shall

have jurisdiction to hear and determine prosecutions for violations

of such regulations, which may be prosecuted and shall be punishable

as violations of ordinances of the City of Stillwater. The

Authority may cause to be removed, and may enter into contracts for

such purpose, any vehicle parked in violation of such regulations.

B. The Authority may appoint campus police officers and guards

for buildings and grounds of the Oklahoma State University

Veterinary Medicine Authority in the same manner and with the same

powers as campus police appointed by governing boards of state

institutions for higher education under the provisions of Section

360.15 et seq. of Title 74 of the Oklahoma Statutes, and who may

prevent or stop improper conduct and trespass in and upon such

buildings and grounds, and make arrests and prosecute any and all

persons arrested for such improper conduct and trespassing.

Employees of the Authority serving as police officers shall be

certified as provided for in Section 3311 of Title 70 of the

Oklahoma Statutes.

C. The Authority and the City of Stillwater may enter into a

cooperative agreement to effectuate the provisions of this section.
Okla. Stat. tit. 2, § 2-10-92 — OK Code / Title 2 / Section 2-10-92
Stating of grade in advertising
Status: in_force

When advertising poultry or poultry products and using the words

"inspected", "inspected for wholesomeness", "USDA inspected", "state

inspected", or any other term that suggests or implies the product

Oklahoma Statutes - Title 2. Agriculture Page 492

has been inspected, and a price is stated, the correct grade also

shall be stated as grade A, B, or C.
Okla. Stat. tit. 2, § 2-131.16 — OK Code / Title 2 / Section 2-131.16
Renumbered as § 15-126 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-606 — OK Code / Title 2 / Section 2-6-606
Taking and removal of feral swine
Status: in_force

A. Feral swine may be taken on lands owned or managed by the

Department of Wildlife Conservation in accordance with rules

promulgated thereto.

B. No person whose hunting license is revoked may remove feral

swine during the time the license is revoked.
Okla. Stat. tit. 2, § 2-4007 — OK Code / Title 2 / Section 2-4007
Agreements and obligations to have public purpose
Status: in_force

All agreements and obligations undertaken, as permitted under

this section, by the Oklahoma State University Veterinary Medicine

Authority shall be for a public purpose. In addition to any other

limitations, conditions or restrictions provided by law, the

following conditions shall apply to contractual agreements entered

into pursuant to this section:

1. Private and public funds shall be accounted for separately;

and

2. The state shall not assume any liability for private

entities.
Okla. Stat. tit. 2, § 2-9-210 — OK Code / Title 2 / Section 2-9-210
Renumbered as § 20-18 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-77 — OK Code / Title 2 / Section 2-77
Renumbered as § 15-27 of this title by Laws 2001, c. 146, §
Status: in_force

268, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-11-97 — OK Code / Title 2 / Section 2-11-97
Scrap metal dealer license
Status: in_force

A person shall not advertise, act, offer to act, hold himself or

herself out, or engage in business as a scrap metal dealer in this

state without a scrap metal dealer license issued by the Oklahoma

Department of Agriculture, Food, and Forestry.
Okla. Stat. tit. 2, § 2-1769 — OK Code / Title 2 / Section 2-1769
Renumbered as § 5-89 of this title by Laws 2001, c. 146, §
Status: in_force

259, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-78 — OK Code / Title 2 / Section 2-78
Renumbered as § 15-28 of this title by Laws 2001, c. 146, §
Status: in_force

268, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-77.18 — OK Code / Title 2 / Section 2-8-77.18
Exchanges
Status: in_force

Nothing in the Oklahoma Fertilizer Act shall be construed to

restrict or avoid sales or exchanges of fertilizer to each other by

importers, manufacturers, or manipulators who mix fertilizer

materials for sale, or as preventing the free and unrestricted

shipments of fertilizer to manufacturers or manipulators who have

registered and licensed their brands as required by law.
Okla. Stat. tit. 2, § 2-7-21 — OK Code / Title 2 / Section 2-7-21
Definitions
Status: in_force

As used in this subarticle:

Oklahoma Statutes - Title 2. Agriculture Page 369

1. "Cooperative association" means any group in which farmers

or producers act together in the market preparation, processing, or

marketing of farm products or any association, not having capital

stock or operated for a profit, and organized under this subarticle;

2. "Dairy farmer" means a person engaged in the business of

producing milk for sale to milk processors directly or through a

cooperative association of which the person is a member. When a

dairy farmer has sold milk through a cooperative association of

which the dairy farmer is a member, the cooperative association

shall be considered a dairy farmer;

3. "Escrow account agent" means an entity within this state,

which is insured by the Federal Deposit Insurance Corporation;

4. "Milk processor" means a person who operates a milk, milk

products, or frozen desserts processing plant that is located in the

State of Oklahoma; and

5. "Purchase price" means an amount of money, based on

estimated butterfat content and other common industry standards at

the time of delivery, that a milk processor agrees to pay a dairy

farmer for a purchase of raw milk.
Okla. Stat. tit. 2, § 2-11-92 — OK Code / Title 2 / Section 2-11-92
Records of data – Holding period – Unlawful activities –
Status: in_force

Declaration of ownership – Vehicle purchase.

A. Every scrap metal dealer shall keep a separate book, record

or other electronic system as authorized by the Oklahoma Scrap Metal

Dealers Act, to record and maintain the following data from any

seller of any amount of scrap metal as defined by the Oklahoma Scrap

Metal Dealers Act:

1. A legible photocopy of the seller's driver license or

government-provided photo identification, issued by the United

States government, State of Oklahoma, or any other state of the

United States, or any other federally recognized identification that

contains his or her name, and date of birth; provided, that if the

photo identification does not contain an address, an address shall

be provided;

2. Vehicle description and license tag number, or vehicle

identification number if no state license plate is affixed, if the

vehicle was used to transport the material being sold;

3. Date and place of the transaction and the transaction number

as provided by the scrap metal dealer;

4. Description of the items sold and weight of the items as

required by the provisions of the Oklahoma Scrap Metal Dealers Act;

5. Whether the scrap metal is in wire, cable, bar, rod, sheet

or tube form; and

Oklahoma Statutes - Title 2. Agriculture Page 505

6. The digital image of the items purchased and the digital

image of the seller. The digital image shall contain depictions

that clearly identify the items sold and are captured in the common

JPEG format. The digital image shall be retained by the purchaser

for a minimum of ninety (90) days from the date of purchase.

B. Municipalities or other political subdivisions may designate

the reporting methods and the format of the information required by

subsection A of this section, either written, electronic or

Internet-based. The Oklahoma Department of Agriculture, Food, and

Forestry shall designate an Internet-based reporting method that

applies to all geographic areas of the state that are not subject to

a local designation for Internet reporting.

C. Records required by this section shall be retained for no

less than two (2) years from the date of transaction and shall be

made available at any time to any person authorized by law for such

inspection.

D. It shall be unlawful for any scrap metal dealer to purchase

any item from a minor under the age of sixteen (16) without having

first obtained the consent, in writing, of a parent or guardian of

such minor. Such written consent shall be kept with the book,

record or other electronic recording system required by subsection A

of this section and, if requested by a law enforcement agency where

the purchase was made, shall be transmitted to the law enforcement

agency and may be kept as a permanent record and made available for

public inspection.

E. A scrap metal dealer shall obtain from each seller of a

scrap metal item regulated by the Oklahoma Scrap Metal Dealers Act,

or a parent or guardian on behalf of a minor, a written declaration

of ownership containing a legible signature of the seller. The

declaration of ownership shall be in the following form and shall

appear on the bill of sale or transaction ticket to be completed by

the seller in the presence of the purchaser at the time of the

transaction:

"I hereby affirm that I am the rightful owner of the hereon

described merchandise; or I am an authorized representative of the

rightful owner and affirm that I have been given authority by the

rightful owner to sell the hereon described merchandise.

I state under penalty of perjury under the laws of Oklahoma that

the foregoing is true and correct.

______________________________ __________________________

Signature Date and Place"

F. If requested by a law enforcement agency, a scrap metal

dealer shall report in writing all purchases of scrap metal as

defined by the Oklahoma Scrap Metal Dealers Act within forty-eight

(48) hours following such purchase. The report shall contain all

the information required by this section.

Oklahoma Statutes - Title 2. Agriculture Page 506

G. Prior to the purchase of a used motor vehicle, trailer or

nonmotorized recreational vehicle, the scrap metal dealer shall

require one of the following forms of proof of ownership from the

person selling the used motor vehicle, trailer or nonmotorized

recreational vehicle:

1. A certificate of title that matches the vehicle

identification number of the vehicle being sold;

2. A notarized power of attorney from the individual on the

certificate of title authorizing the seller to dispose of the

vehicle on behalf of the owner; or

3. A statement of ownership from the seller stating that the

vehicle was purchased from the lawful owner, accompanied by a bill

of sale from the lawful owner including a statement that there are

no outstanding liens on the vehicle, and a statement that the

vehicle is inoperable or incapable of operation or use on the

highway and has no resale value except as scrap.

The provisions of this subsection shall not apply to sales,

purchases or other transfers of vehicles between scrap metal dealers

and licensed automotive dismantlers and parts recyclers, licensed

crushers, salvage dealers, used car dealers and licensed wreckers.

H. A scrap metal dealer shall not enter into any cash

transactions in excess of One Thousand Dollars ($1,000.00) in

payment for the purchase of scrap metal that is listed in subsection

C of Section 11-93 of this title unless the transaction is made with

an exempted seller. Payment by check shall be issued and made

payable only to the seller of the scrap metal whose identification

information has been obtained pursuant to the provisions of this

section.

I. The following shall be exempt from this section:

1. Scrap metal hauled by a scrap metal dealer for an exempted

seller in a motor vehicle registered with the Oklahoma Department of

Transportation; and

2. Material delivered by an exempted seller with a check made

payable to the company of the exempted seller.
Okla. Stat. tit. 2, § 2-8-31 — OK Code / Title 2 / Section 2-8-31
Use of term "certified" - Certification by foreign
Status: in_force

inspection agency - State agencies for certification.

No person shall use the term "certified", alone or with other

words, or use any other term or words which suggest certification by

a designated inspection agency, orally or in writing, relative to

any agricultural or vegetable seeds, any tubers for seeding

purposes, or plants or plant parts, sold or advertised for sale in

Oklahoma, except as provided by this subarticle. If the seeds,

tubers, plants, or plant parts were produced in another state or

foreign country, certification by the legally constituted

certification officials of a state, country, or of the United

States, shall be sufficient. Certification in Oklahoma shall be by

the Agricultural Experiment Station and the Agricultural Extension

Service of the Oklahoma State University, Division of Agricultural

Sciences and Natural Resources, or by an agency which they

designate.
Okla. Stat. tit. 2, § 2-6-253 — OK Code / Title 2 / Section 2-6-253
Policy and intent
Status: in_force

It is hereby declared to be the policy of the Legislature of

this state to provide for the inspection of poultry and poultry

products and otherwise regulate the processing and distribution of

such articles as hereinafter prescribed to prevent the movement or

sale in intrastate commerce of poultry and poultry products which

are adulterated or misbranded. It is the intent of the Legislature

that when poultry and poultry products are condemned because of

disease, the reason for condemnation in such instances shall be

supported by scientific fact, information, or criteria, and such

condemnation under this act shall be achieved through uniform

inspection standards and uniform applications thereof.
Okla. Stat. tit. 2, § 2-1551.1 — OK Code / Title 2 / Section 2-1551.1
Renumbered as § 18-120 of this title by Laws 2001, c
Status: in_force

146, § 257, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 766
Okla. Stat. tit. 2, § 2-5-60.32 — OK Code / Title 2 / Section 2-5-60.32
Failure to remit assessment – Proceedings to recover
Status: in_force

The commodity producers board may investigate conditions that

relate to the prompt remittance of the assessment by any producer or

processor. If the board determines that a person has failed to

remit to the board the required assessment, the board may

independently institute proceedings for recovery of the amount due

to the board or for injunctive or other appropriate relief.
Okla. Stat. tit. 2, § 2-111 — OK Code / Title 2 / Section 2-111
Renumbered as § 15-86 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-40 — OK Code / Title 2 / Section 2-40
Renumbered as § 15-10 of this title by Laws 2001, c. 146, §
Status: in_force

267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-20-26 — OK Code / Title 2 / Section 2-20-26
Penalties
Status: in_force

A. Any person violating the provisions of the Oklahoma Swine

Feeding Operations Act or any rule of the State Board of Agriculture

promulgated pursuant thereto shall, upon conviction, be deemed

guilty of a misdemeanor and upon conviction thereof may be punished

by a fine not exceeding Two Hundred Dollars ($200.00).

B. Any owner or operator who fails to take such action as may

be reasonable and necessary to avoid pollution of any stream, lake,

Oklahoma Statutes - Title 2. Agriculture Page 711

river or creek, except as otherwise provided by law, or who violates

any rule of the Board adopted to prevent water pollution from swine

feeding operations pursuant to this act shall, upon conviction, be

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

punished by a fine of Five Hundred Dollars ($500.00) to Ten Thousand

Dollars ($10,000.00) for each violation, by imprisonment in the

county jail for not more than six (6) months for each violation, or

by the assessment of a civil penalty up to Ten Thousand Dollars

($10,000.00) for each violation or by any of such fine,

imprisonment, and civil penalty.

C. 1. In addition to the criminal and civil penalties

specified by this section, the Oklahoma Department of Agriculture,

Food, and Forestry may:

a. assess an administrative penalty of not more than Ten

Thousand Dollars ($10,000.00) per day of

noncompliance, or

b. bring an action for injunctive relief granted by a

district court.

2. A district court may grant injunctive relief to prevent a

violation of, or to compel compliance with, any of the provisions of

the Oklahoma Swine Feeding Operations Act or any rule promulgated

thereunder or order, license or permit issued pursuant to the

Oklahoma Swine Feeding Operations Act.

3. Nothing in this section shall preclude the Department from

seeking penalties in district court in the maximum amount allowed by

law. The assessment of penalties in an administrative enforcement

proceeding shall not prevent the subsequent assessment by a court of

the maximum civil or criminal penalties for violations of the

Oklahoma Swine Feeding Operations Act.

D. Any person assessed an administrative or civil penalty may

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

thereon, attorneys fees and costs associated with the collection of

such penalties.

E. The Attorney General or the district attorney of the

appropriate district court of Oklahoma may bring an action in a

court of competent jurisdiction for the prosecution of a violation

by any person of a provision of the Oklahoma Swine Feeding

Operations Act or any rule promulgated thereunder, or order, license

or permit issued pursuant thereto.

F. 1. Any action for injunctive relief to redress or restrain

a violation by any person of the Oklahoma Swine Feeding Operations

Act or for any rule promulgated thereunder, or order, license, or

permit issued pursuant thereto or recovery of any administrative or

civil penalty assessed pursuant to the Oklahoma Swine Feeding

Operations Act may be brought by:

a. the district attorney of the appropriate district

court of the State of Oklahoma,

Oklahoma Statutes - Title 2. Agriculture Page 712

b. the Attorney General on behalf of the State of

Oklahoma, or

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

2. The court shall have jurisdiction to determine said action,

and to grant the necessary or appropriate relief, including but not

limited to mandatory or prohibitive injunctive relief, interim

equitable relief, and punitive damages.

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

attorney if requested by the Commissioner of Agriculture to bring

such actions.

G. Except as otherwise provided by law, administrative and

civil penalties shall be paid into the State Department of

Agriculture Revolving Fund.

H. In determining the amount of a civil penalty or

administrative penalty, the court or the Department, as the case may

be, shall consider such factors as the nature, circumstances and

gravity of the violation or violations, the economic benefit, if

any, resulting to the defendant from the violation, the history of

such violations, any good-faith efforts to comply with the

applicable requirements, the economic impact of the penalty on the

defendant, the defendant's degree of culpability, and such other

matters as justice may require.

I. 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.

J. In addition to other penalties as may be imposed by law, any

person who knowingly makes any false statement, representation or

certification in any water pollution form, notice or report, or who

knowingly renders inaccurate any monitoring device or method

required to be maintained by any water pollution rules promulgated

by the Board, shall, upon conviction, be guilty of a misdemeanor and

may be subject to a fine of not more than Five Thousand Dollars

($5,000.00) for each violation.
Okla. Stat. tit. 2, § 2-5-302 — OK Code / Title 2 / Section 2-5-302
Purpose
Status: in_force

The purpose of the Oklahoma Organic Food Act is to permit and

facilitate the production and marketing of organically grown

products in a manner which assures the consumer that the products

have been produced and marketed according to consistent standards

and practices.
Okla. Stat. tit. 2, § 2-1301-212 — OK Code / Title 2 / Section 2-1301-212
Renumbered as Section 16-32 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-6-290.12 — OK Code / Title 2 / Section 2-6-290.12
Violations - Penalties
Status: in_force

A. Any person who willfully:

1. Makes, or causes to be made, any false entry or statement of

fact in any report required to be made pursuant to the Exotic

Livestock and Exotic Livestock Products Inspection Act;

2. Makes, or causes to be made, any false entry in any account,

record, or memorandum kept by any person subject to the Exotic

Livestock and Exotic Livestock Products Inspection Act;

3. Neglects or fails to make, or causes to be made, full, true,

and correct entries in such accounts, records, or memoranda, of all

facts and transactions appertaining to the business of such person;

4. Removes out of the jurisdiction of this state, or willfully

mutilates, alters, or by any other means falsifies any documentary

evidence of any such person; or

5. Refuses to submit to the Board or to any of its authorized

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

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

possession or within his control;

shall be deemed guilty and shall be subject, upon conviction in any

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

Thousand Dollars ($5,000.00).

B. Any officer or employee of this state who shall make public

any information obtained by the Board, without its authority, unless

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

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

Five Thousand Dollars ($5,000.00).

C. Any person who violates any provision of the Exotic

Livestock and Exotic Livestock Products Inspection Act for which no

other criminal penalty is provided by the Exotic Livestock and

Exotic Livestock Products Inspection Act shall, upon conviction, be

subject to a fine of not more than One Thousand Dollars ($1,000.00).

D. If a violation involved intent to defraud, or any

distribution or attempted distribution of an article that is

adulterated, such person shall be subject to a fine of not more than

Ten Thousand Dollars ($10,000.00).
Okla. Stat. tit. 2, § 2-1105 — OK Code / Title 2 / Section 2-1105
Renumbered as § 18-54 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-99 — OK Code / Title 2 / Section 2-6-99
Quarantine of livestock infected with brucellosis -
Status: in_force

Disposition.

All livestock declared to be infected with brucellosis shall be

immediately quarantined and shall be disposed of only as prescribed

in the approved plan. Prior to movement or change of ownership,

plans for disposition of infected animals shall be made and reported

to the State Veterinarian.
Okla. Stat. tit. 2, § 2-6-187 — OK Code / Title 2 / Section 2-6-187
Labeling of cans, receptacles or coverings - Standards -
Status: in_force

False or misleading markings - Hearings and appeals.

(a) When any meat or meat food product prepared for intrastate

commerce which has been inspected as hereinbefore provided and

marked "Oklahoma Inspected and Passed" shall be placed or packed in

any can, pot, tin, canvas, or other receptacle or covering in any

Oklahoma Statutes - Title 2. Agriculture Page 267

establishment where inspection under the provisions of this act is

maintained, the person, firm, or corporation preparing said product

shall cause a label to be attached to said can, pot, tin, canvas, or

other receptable or covering, under supervision of an inspector,

which label shall state that the contents thereof have been

"Oklahoma Inspected and Passed" under the provisions of this act,

and no inspection and examination of meat or meat food products

deposited or inclosed in cans, tins, pots, canvas, or other

receptable or covering in any establishment where inspection under

the provisions of this act is maintained shall be deemed to be

complete until such meat or meat food products have been sealed or

inclosed in said can, tin, pot, canvas, or other receptacle or

covering under the supervision of an inspector.

(b) All carcasses, parts of carcasses, meat and meat food

products inspected at any establishment under the authority of this

act and found to be not adulterated, shall at the time they leave

the establishment bear, in distinctly legible form, directly thereon

or on their containers, as the Board may require, the information

required under paragraph (k) of Section 1 of this act.

(c) The Board, whenever it determines such action is necessary

for the protection of the public, may prescribe: (1) the styles and

sizes of type to be used with respect to material required to be

incorporated in labeling to avoid false or misleading labeling of

any articles or animals subject to Sections 1 through 20 of this

act; (2) definitions and standards of identity or composition for

articles subject to Sections 1 through 16 and standards of fill of

container for such articles not inconsistent with any such standards

established under the Federal Food, Drug, and Cosmetic Act, or under

the Federal Meat Inspection Act, and there shall be consultation

between the Board and the Secretary of Agriculture of the United

States prior to the issuance of such standards to avoid

inconsistency between such standards and the Federal standards.

(d) No article subject to Sections 1 through 16 of this act

shall be sold or offered for sale by any person, firm, or

corporation, in intrastate commerce, under any name or other marking

or labeling which is false or misleading, or in any container of a

misleading form or size, but established trade names and other

marking and labeling and containers which are not false or

misleading and which are approved by the Board are permitted.

(e) If the Board has reason to believe that any marking or

labeling or the size or form of any container in use or proposed for

use with respect to any article subject to Sections 1 through 16 is

false or misleading in any particular, it may direct that such use

be withheld, unless the marking, labeling, or container is modified

in such manner as it may prescribe so that it will not be false or

misleading. If the person, firm, or corporation using or proposing

to use the marking, labeling or container does not accept the

Oklahoma Statutes - Title 2. Agriculture Page 268

determination of the Board, such person, firm, or corporation may

request a hearing, but the use of the marking, labeling, or

container shall, if the Board so directs, be withheld pending

hearing and final determination by the Board. Any such

determination by the Board shall be conclusive unless, within thirty

(30) days after receipt of notice of such final determination, the

person, firm, or corporation adversely affected thereby appeals to

the District Court of Oklahoma County.Oklahoma Statutes - Title 2. Agriculture Page 11
Okla. Stat. tit. 2, § 2-5-63.2 — OK Code / Title 2 / Section 2-5-63.2
Definitions
Status: in_force

As used in the Commodity Research Enhancement Act:

1. "Agricultural commodity" means an agricultural commodity,

horticultural commodity, silvicultural commodity, or agricultural

product, horticultural product, viticulture, or silvicultural

product, or bees and honey, planting seed, rice, livestock or

livestock product, or poultry or poultry product produced in this

state, either in its natural state or as processed by the producer;

2. "Board" means federally approved commodity board;

3. "Commissioner" means the Commissioner of the Oklahoma

Department of Agriculture, Food, and Forestry;

4. "District" means a geographical area within the jurisdiction

of a board;

5. "Federally approved commodity board" means a board organized

and sanctioned by the United States Department of Agriculture to

receive a federal assessment for the specific commodity;

6. "Nonprofit commodity organization" means any organization

representing commodity producers with the ability to seek a state

assessment and designate a federally approved commodity board as the

recipient;

7. "Person" means an individual, firm, corporation,

association, or any other business entity;

8. "Processor" means a person who:

Oklahoma Statutes - Title 2. Agriculture Page 208

a. is a purchaser, warehouseman, processor, or other

commercial handler of an agricultural commodity, or

b. is engaged in the operation of packing, grading,

selling, offering for sale or marketing any

agricultural commodity in commercial quantities as

defined in a marketing program, who as owner, agent,

or otherwise, ships or causes agricultural commodities

to be shipped;

9. "Producer" means a person engaged in the business of

producing or causing to be produced for commercial purposes an

agricultural commodity. The term "producer" includes the owner of a

farm on which the commodity is produced and the owner's tenant or

sharecropper; and

10. "Volume of production" shall be defined by the certified

organization and can refer to units of product sold such as pounds,

bushels, gallons, flats, containers, packages, or other commonly

recognized units of measure, square footage or acreage of production

space or other appropriate measurement units, or number of

production units, such as trees, vines, head count of livestock or

poultry, or other commonly recognized measurement units, or gross

sales.
Okla. Stat. tit. 2, § 2-16-2 — OK Code / Title 2 / Section 2-16-2
Definitions
Status: in_force

As used in the Oklahoma Forestry Code:

1. "Control line" means a constructed or natural barrier and

treated fire edge used to control a fire;

2. "Director" means the Director of Forestry of the Oklahoma

Department of Agriculture, Food, and Forestry;

3. "Division" means the Forestry Division of the Oklahoma

Department of Agriculture, Food, and Forestry;

4. "Established property line" means any boundary line which

has been:

a. recognized by adjoining land owners as a boundary and

uncontested for at least fifteen (15) years including,

but not limited to, fence lines, roads, and natural

features,

b. established by a registered land surveyor, or

c. uncontested for at least fifteen (15) years;

5. "Fire line" means the actively burning or burned perimeter

of an uncontrolled wildfire of any size that necessitates the use of

direct or indirect tactical suppression actions to control the

wildfire;

6. "Forest rangers" means all employees of the Forestry

Division who have responsibilities in forest and natural resource

protection, including laborers, mechanics, and other employees who

assist in forest and natural resource protection;

7. "Forest" means a tract of land that is at least ten percent

(10%) stocked by trees of any size, whether of commercial or

noncommercial species, or formerly having tree cover and not

currently developed for non-forest use, including woodlands,

woodlots, windbreaks, and shelterbelts;

Oklahoma Statutes - Title 2. Agriculture Page 578

8. "Hazardous duty" means actions performed on or near the fire

line required to fight and control wildfires in order to protect

lives, property, forests, and natural resources as well as functions

associated with wildland hazardous fuels reduction work to mitigate

and reduce wildfire threat to lives, property, forests, and natural

resources;

9. "Logging or timber harvesting operations" means the cutting

or harvesting of and removal of timber from a site, leaving the root

mass intact;

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

lessee, occupant, or other person in lawful control of land;

11. "Prescribed burning" means the controlled application of

fire by the owner or designated agent of croplands, rangelands, or

forestlands to naturally occurring vegetative fuel under specified

environmental conditions and following appropriate precautionary

measures intended to keep the fire confined to a predetermined area

and accomplish land management objectives;

12. "Timber" means live and dead trees and the profit in any

live and dead trees including, but not limited to, bark, foliage,

wood, vines, firewood, crossties, and shrubbery;

13. "Timber owner" means any person who owns the right to cut

or harvest timber at the time the timber is to be cut or harvested,

or who legally owns the severed timber;

14. "Wildfires" means any fire which is not controlled on

forests, grasslands, fields, or croplands;

15. "Wildland" means any undeveloped land regardless of

vegetative plant cover including forest, prairie, marsh, and swamp;

and

16. "Wildland firefighter" means any forest ranger employed by

the Forestry Division whose duty to fight wildfires includes

incident management, fire suppression, and hazardous wildland fuel

mitigation.
Okla. Stat. tit. 2, § 2-6-280.13 — OK Code / Title 2 / Section 2-6-280.13
Violations - Notice - Hearing - Orders - Service of
Status: in_force

process.

A. Whenever the Board determines there are reasonable grounds

to believe that there has been a violation of any of the provisions

of the Oklahoma Rabbit and Rabbit Products Inspection Act, any rule

or regulation promulgated thereto, or any order of the Board, it

shall give written notice to the alleged violator specifying the

cause of complaint. Such notice shall require that the matters

complained of be corrected or that the alleged violator appear

before the Board at a time and place within the affected area or in

a mutually agreeable location specified in the notice and answer the

charges. The notice shall be delivered to the alleged violator or

violators in accordance with the provisions of subsection D of this

section not less than twenty (20) days before the time set for the

hearing.

B. The Board shall afford the alleged violator or violators an

opportunity for a fair hearing in accordance with the provisions of

subsection E of this section. On the basis of the evidence produced

at the hearing, the Board shall make findings of fact and

conclusions of law and enter an order thereon. The Board shall give

written notice of such order to the alleged violator and to such

other persons as shall have appeared at the hearing and made written

Oklahoma Statutes - Title 2. Agriculture Page 319

request for notice of the order. If the hearing is held before any

person other than the Board itself, such person shall transmit the

record of the hearing together with recommendations for findings of

fact and conclusions of law to the Board which shall thereupon enter

its order. The Board may, in its discretion, enter its order on the

basis of such record or, before issuing its order, require

additional hearings or further evidence to be presented. The order

of the Board shall become final and binding on all parties unless

appealed to the district court as provided in Article II of the

Administrative Procedures Act within thirty (30) days after notice

has been sent to the parties.

C. Whenever the Board finds that an emergency exists requiring

immediate action to protect the public health or welfare it may

without notice or hearing issue an order reciting the existence of

such an emergency and requiring that such action be taken as it

deems necessary to meet the emergency. Notwithstanding the

provisions of subsection B of this section, such order shall be

effective immediately. Any person to whom such an order is directed

shall comply therewith immediately but on application to the Board

shall be afforded a hearing within ten (10) days. On the basis of

such hearing, the Board shall continue such order in effect, revoke

it or modify it; provided, that any person aggrieved by such order

continued after the hearing provided in this subsection may appeal

to the district court of the area affected within thirty (30) days.

Such appeal when docketed shall have priority over all cases pending

on said docket, except criminal.

D. Except as otherwise expressly provided, any notice, order or

other instrument issued by or under authority of the Board may be

served on any person affected thereby personally or by publication.

Proof of such service shall be made as in case of service of a

summons or by publication in a civil action, such proof to be filed

in the office of the Board; or such service may be made by mailing a

copy of the notice, order or other instrument by registered mail

directed to the person affected at his last-known post office

address as shown by the files or records of the Board, and proof

thereof may be made by the affidavit of the person who did the

mailing, filed in the office of the Board.

Every certificate or affidavit of service made and filed as

herein provided shall be prima facie evidence of the facts therein

stated, and a certified copy thereof shall have like force and

effect.

E. The hearings herein provided may be conducted by the Board

itself at a regular or special meeting of the Board, or the Board

may designate hearing officers who shall have the power and

authority to conduct such hearings in the name of the Board at any

time and place. Such hearings shall be conducted in conformity with

Oklahoma Statutes - Title 2. Agriculture Page 320

and records made thereof as provided in the Administrative

Procedures Act.
Okla. Stat. tit. 2, § 2-131.1 — OK Code / Title 2 / Section 2-131.1
Renumbered as § 15-111 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-18-240 — OK Code / Title 2 / Section 2-18-240
Short title - Purpose
Status: in_force

A. This subarticle shall be known and may be cited as the

"Oklahoma Sorghum Resources Act".

B. The purpose of the Oklahoma Sorghum Resources Act shall be

to develop programs that will enhance sorghum production, sorghum

research, promoting market development and education, and improving

profitability of Oklahoma sorghum producers.
Okla. Stat. tit. 2, § 2-6-192 — OK Code / Title 2 / Section 2-6-192
Horse meat
Status: in_force

A. It shall be unlawful and deemed a Class D3 felony offense

for any person to sell, offer or exhibit for sale, or have in his or

her possession with intent to sell, any quantity of horsemeat for

human consumption in Oklahoma. Any person who violates the

provisions of this subsection 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.

B. It shall be unlawful for any person to transfer the

possession of any horsemeat to any other person when the person so

transferring knows, or in the exercise of a reasonable discretion

should have known, that the person receiving the horsemeat intends

to sell it in this state, offer it for sale in this state, exhibit

it for sale in this state, or keep it in his possession with intent

to sell it for human consumption in this state.

C. No person, firm, or corporation shall sell in this state,

transport, offer for sale in this state or transportation, or

receive for transportation, in intrastate commerce, any carcasses of

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

meat or meat food products thereof, unless they are plainly and

conspicuously marked or labeled or otherwise identified as required

by regulations prescribed by the Board to show the kinds of animals

from which they were derived. When required by the Board with

respect to establishments at which inspection is maintained under

Section 6-181 et seq. of this title, such animals and their

carcasses, parts thereof, meat and meat food products shall be

prepared in establishments separate from those in which cattle,

sheep, swine, or goats are slaughtered or their carcasses, parts

thereof, meat or meat food products are prepared.

Oklahoma Statutes - Title 2. Agriculture Page 271

D. The State Commissioner of Health or his or her authorized

representative shall have free access to any transport vehicle,

factory, warehouse or establishment in which horsemeat or feed

suspected of containing horsemeat is transported, manufactured,

processed, packed, sold, or prepared for serving to secure, after

payment or offer to pay therefor, samples or specimens of such

products found therein, to examine any and all sales records,

shipping records relating to foods or horsemeat, to embargo any

article of food or horsemeat suspected of being in violation of law,

and to determine whether any law is being violated.

E. For the purpose of this section:

1. The term "horsemeat" shall mean the meat or flesh of any

animal of the equine genus;

2. The term "package" or "container" shall mean the original,

properly labeled package or container in which the horsemeat was

packaged by the packer or processor at the point of origin; and

3. The term "properly labeled" shall mean a display of written,

printed or graphic matter upon the outside package or container, or

wrapper if there be one, stating the name and address of the

original packer or processor, and in addition thereto shall include

the word "horsemeat". All letters and words of the label shall be

legible and of such size as to be easily read and understood by the

ordinary individual under customary conditions of purchase and use.
Okla. Stat. tit. 2, § 2-5-63.17 — OK Code / Title 2 / Section 2-5-63.17
Proposition to increase the rate of assessment -
Status: in_force

Petition to discontinue assessment - Proposition to continue

assessment.

A. The nonprofit commodity organization who originally

submitted the petition for a referendum may submit to the voters a

proposition to increase the maximum rate of the state assessment.

The proposition is approved, and the new maximum rate is in effect

if the referendum proposition is adopted as outlined in Section 11

of this act.

B. 1. Consistent with the referendum process as outlined by

the federally approved commodity board, producers may petition for a

referendum to discontinue the state assessment. In the event that

the federally approved commodity board does not have an established

process, if ten percent (10%) or more of the producers participating

in the program present to the federally approved commodity board a

Oklahoma Statutes - Title 2. Agriculture Page 214

petition calling for a referendum of the qualified voters on the

proposition of discontinuing the state assessment, the nonprofit

commodity organization who originally submitted the petition for the

referendum shall conduct a referendum for that purpose. An election

on a proposition of discontinuing the state assessment shall be held

no more than once per year.

2. The nonprofit commodity organization shall give notice of

the referendum, the referendum shall be conducted, and the results

shall be declared in the manner provided by law for the original

referendum.

3. The nonprofit commodity organization shall conduct the

referendum within ninety (90) days of the date of filing of the

petition.

4. The adoption of the referendum proposition will be subject

to the referendum process outlined by the federally approved

commodity board. In the event that the federally approved commodity

board does not have an outlined referendum process, the referendum

proposition shall be approved if:

a. two-thirds (2/3) or more of those voting in the

election voted in favor of the referendum proposition,

or

b. more than one-half (1/2) of those voting in the

election voted in favor of the referendum proposition

and those voting in favor of the proposition produced

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

production of the commodity during the relevant

production period.

5. If the proposition is approved, the state assessment is

abolished.

C. If the federally approved commodity board's federal

assessment is increased, the state-approved assessment shall

automatically discontinue upon the date the federally approved

commodity board's new federal assessment becomes effective, unless

within one (1) month of the announcement of the increase, the

nonprofit commodity organization that originally submitted the

petition for a referendum may initiate a referendum to be conducted

within six (6) months of the announcement to determine if the state-

approved assessment shall be continued. The proposition referendum

to continue the state assessment will be adopted as outlined in

Section 11 of this act.
Okla. Stat. tit. 2, § 2-9-39 — OK Code / Title 2 / Section 2-9-39
Exemption
Status: in_force

The provisions of the Public Warehouse and Commodity Indemnity

Act shall not apply to an individual producer-owner who does not

receive from other producers commodities for storage, handling for

storage, or both, but any qualified producer-owner may be issued a

charter upon proper application.
Okla. Stat. tit. 2, § 2-6-614 — OK Code / Title 2 / Section 2-6-614
Legislative encouragement of Judas pig tagging system
Status: in_force

Recognizing the success of other states, like Mississippi and

New Mexico, utilizing the Judas pig tagging system, the Legislature

encourages using the Judas pig tagging system as an effective

technique of hunting and controlling the feral swine population.
Okla. Stat. tit. 2, § 2-20-17 — OK Code / Title 2 / Section 2-20-17
Evidence of financial ability
Status: in_force

A. Any person who is licensed to operate a swine feeding

operation with a liquid swine waste management system within this

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

and Forestry evidence of financial ability to comply with the

requirements for closure of retention structures and other waste

facilities as established pursuant to the provisions of this section

and rules promulgated by the State Board of Agriculture.

B. 1. To establish evidence of financial ability the

Department shall require:

a. Category A surety which shall include a financial

statement listing assets and liabilities and including

a general release that the information may be verified

with banks and other financial institutions. The

financial statement shall be confidential and shall

not be opened to public inspection. The statement

shall prove a net worth of not less than:

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

feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act having a

capacity of more than three hundred (300) swine

animal units but having one thousand (1,000)

swine animal units or less,

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

swine feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act having a

capacity of more than one thousand (1,000) swine

animal units but less than two thousand (2,000)

swine animal units, or

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

feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act having a

capacity of more than two thousand (2,000) swine

animal units, or

b. Category B surety which shall include an irrevocable

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

a Certificate of Deposit, Bank Joint Custody Receipt,

Oklahoma Statutes - Title 2. Agriculture Page 703

other negotiable instrument or a blanket surety bond.

Except as provided in paragraph 2 of this subsection,

amount of such letter of credit, cash, check,

certificate, bond, receipt or other negotiable

instrument shall be in the amount of Twenty-five

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

authorized to determine the amount of Category B

surety based upon the past performance of the owner or

operator regarding compliance with the laws of this

state, and any rules promulgated pursuant thereto.

Any instrument shall constitute an unconditional

promise to pay and be in a form negotiable by the

Department.

2. The Department upon certification by any swine feeding

operation subject to Category B surety that its liability statewide

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

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

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

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

cost of all closure and removal operations currently the

responsibility of that owner or operator.

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

provisions of the Oklahoma Swine Feeding Operations Act which does

not have any outstanding contempt citations or fines may post

Category A surety.

2. Any swine feeding operation licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act which does

have outstanding fines or contempt citations shall be required to

post Category B surety. Swine feeding operations which have posted

Category B surety and have operated under this type surety and have

no outstanding fines at the end of three (3) years may post Category

A surety.

D. For good cause shown concerning pollution by the swine

feeding operations posting either Category A or B surety, the

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

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

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

times the number of swine animal units for the facility being

licensed.

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

hearing, determines that the swine feeding operation licensed

pursuant to the provisions of the Oklahoma Swine Feeding Operations

Act has neglected, failed, or refused to close any surface

impoundment, or remove or cause to be removed any equipment, or has

abandoned the facility, then the swine feeding operation shall be

deemed to have forfeited the letter of credit or negotiable

instrument required by this section or shall pay to this state, for

Oklahoma Statutes - Title 2. Agriculture Page 704

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

any surface impoundment or removal of equipment.

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

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

monies accruing in the State Treasury from the forfeiture or

payment.

3. The Department shall also recover any costs arising from

litigation to enforce this provision. Provided, before a swine

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

state pursuant to this section, the Department shall notify the

swine feeding operation at the last-known address of the

determination of neglect, failure or refusal to close any surface

impoundment or remove equipment and the swine feeding operation

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

to commence remedial operations. Failure to commence remedial

operations shall result in forfeiture or payment as provided in this

subsection.

F. If title to a swine feeding operation is transferred, the

transferee shall furnish the evidence of financial ability to close

surface impoundments required by the provisions of this section,

prior to the transfer.
Okla. Stat. tit. 2, § 2-8-77.1 — OK Code / Title 2 / Section 2-8-77.1
Short title - Purpose
Status: in_force

A. Sections 8-77.1 through 8-77.18 of this subarticle shall be

known and may be cited as the "Oklahoma Fertilizer Act".

B. The purpose of the Oklahoma Fertilizer Act is to provide

assurances to the consumer that fertilizer products are properly

identified, and that the quality represented by the manufacturer is

accurate as well as for regulation of the storage, use, and

application of fertilizer to protect the consumer and the

environment.

C. The Legislature hereby occupies and preempts the entire

field of legislation in this state touching in any way the

regulation and enforcement of the registration, labeling, sale,

storage, transportation, distribution, notification of use, and

agricultural use of fertilizer to the complete exclusion of any

order, ordinance or regulation by any municipality or other

political subdivision of this state.

D. No political subdivision shall regulate the registration,

packaging, labeling, sale, storage, distribution, agricultural use

or application of fertilizer. No political subdivision shall adopt

or continue in effect local orders, ordinances, or regulations in

this field, except for those relating to nonagricultural use or

application or taxation relating to registration, packaging,

Oklahoma Statutes - Title 2. Agriculture Page 407

labeling, sale, storage, distribution, use or application of

fertilizers. Local legislation in violation of this section is void

and unenforceable.
Okla. Stat. tit. 2, § 2-6-317 — OK Code / Title 2 / Section 2-6-317
Violations
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 346

A. Any person convicted of violating any of the provisions of

this act shall be guilty of a misdemeanor.

B. Any violations of the Oklahoma Wildlife Conservation Code

shall be under the jurisdiction of the Oklahoma Wildlife

Conservation Commission.
Okla. Stat. tit. 2, § 2-5-60.35 — OK Code / Title 2 / Section 2-5-60.35
Membership of Oklahoma Public Employees Retirement
Status: in_force

System – Employer contributions – Accumulated annual leave and sick

leave.

A. If a statutory commodity producers board becomes a successor

organization, all persons employed by a statutory commodity

producers board prior to the date of approval by the Commissioner

shall remain members of the Oklahoma Public Employees Retirement

System until retirement or termination, at the election of the

employee.

B. For all employees who remain members of the Oklahoma Public

Employees Retirement System pursuant to subsection A of this

section, the successor organization shall pay the required employer

contributions applicable to the participating employers in the

Oklahoma Public Employees Retirement System pursuant to Section 920

of Title 74 of the Oklahoma Statutes and the employee shall continue

to pay employee contributions as required by Section 919.1 of Title

74 of the Oklahoma Statutes.

C. All employees of a statutory commodity producers board who

remain members of the Oklahoma Public Employees Retirement System

pursuant to subsection A of this section shall continue to be

eligible employees for purposes of Sections 901 through 932 of Title

74 of the Oklahoma Statutes. The successor organization shall be

considered a participating employer, as defined by paragraph (25) of

Section 902 of Title 74 of the Oklahoma Statutes only for such

employees.

D. No person initially employed by the successor organization

after the date of approval by the Commissioner shall be allowed to

participate in the Oklahoma Public Employees Retirement System

during the term of their employment with the successor organization,

Oklahoma Statutes - Title 2. Agriculture Page 205

regardless of whether that employee was previously employed by a

participating employer in the Oklahoma Public Employees Retirement

System.

E. 1. All annual leave and sick leave accumulated prior to the

date of approval by the Commissioner, by an employee who remains a

member of the Oklahoma Public Employees Retirement System pursuant

to subsection A of this section will be recognized by the successor

organization, subject to all accrual limitations in the Oklahoma

Statutes.

2. Beginning on the date of approval by the Commissioner,

employees of the successor organization shall not accrue annual

leave and sick leave pursuant to Section 840-2.20 of Title 74 of the

Oklahoma Statutes, but may accrue annual leave and sick leave

according to a policy established by the successor organization at a

rate not to exceed that of state employees under Title 74 of the

Oklahoma Statutes.

3. The total participating service credit of a member who

retires or terminates employment and elects a vested benefit shall

include unused sick leave not to exceed the limitation imposed by

paragraph 7 of subsection B of Section 913 of Title 74 of the

Oklahoma Statutes. If unused sick leave entitles a member to an

additional year of service credit, the successor organization shall

reimburse the System for the cost of funding the additional reserve.

The successor organization shall provide the System with adequate

and timely information necessary to determine additional benefits

and its cost under this paragraph.
Okla. Stat. tit. 2, § 2-6-280.1 — OK Code / Title 2 / Section 2-6-280.1
Short Title
Status: in_force

Sections 1 through 15 of this act shall be known and may be

cited as the "Oklahoma Rabbit and Rabbit Products Inspection Act".
Okla. Stat. tit. 2, § 2-3-50.7 — OK Code / Title 2 / Section 2-3-50.7
Board of directors - Composition - Terms of office -
Status: in_force

Powers and duties - Definition of bonds - Bylaws - Additional

powers, duties and responsibilities - Liability - Compensation.

A. 1. Except as provided by this section, the board of

directors of the Oklahoma Boll Weevil Eradication Organization shall

be composed of five cotton growers from this state who are elected

from the five separate districts established by the board.

2. The terms of office of the elected board of directors shall

be three (3) years.

3. A director may be removed from office by a majority vote of

the board of directors for cause. Causes for removal include the

following:

a. neglect of duty,

b. willful misconduct,

c. malpractice in office,

d. self-dealing,

e. incompetence,

f. gross inefficiency, or

g. any other unbecoming conduct that can or may affect

the ability of the Oklahoma Boll Weevil Eradication

Organization to satisfactorily perform its duties or

carry out its mission as a public body.

All new directors shall take an oath of office before assuming

the role as a director on the board.

4. Directors shall hold office until their respective

successors are elected and take the oath of office.

5. At each election, the cotton grower with the highest number

of votes from each district shall serve on the board of directors.

B. The board of directors shall have the power and duty to:

Oklahoma Statutes - Title 2. Agriculture Page 101

1. Appoint a new director from the appropriate election

district to serve the remaining term in the event of a vacancy on

the board of directors;

2. Collect assessments pursuant to the Boll Weevil Eradication

Act;

3. Conduct programs consistent with the Boll Weevil Eradication

Act;

4. Determine and establish the assessment annually for the

following crop year pursuant to the Boll Weevil Eradication Act and

the program enabling referendum. The assessment shall be determined

upon a fair and equitable system that is based on cotton production

and infestation factors. The assessment shall be a flexible rate

not to exceed Seven Dollars and fifty cents ($7.50) per acre and one

cent ($.01) per pound of lint produced. Upon any change in the

assessment rate, the board shall immediately notify growers and

cotton gins of the new rate;

5. Develop bylaws for the due and orderly administration of the

affairs of the board of directors and for its responsibilities

specified pursuant to the provisions of the Boll Weevil Eradication

Act;

6. Develop, implement and pay for a plan for boll weevil

eradication and posteradication maintenance and control in this

state;

7. Advise, consult, and cooperate with agencies of this state,

political subdivisions, other states, the federal government, and

affected groups;

8. Collect and disseminate information relating to boll weevil

eradication and posteradication maintenance and control;

9. Recommend the designation of “eradicated areas” to the State

Board of Agriculture upon completion of active eradication and the

beginning of posteradication maintenance and control;

10. Sue and be sued, implead and be impleaded, complain and

defend in all courts;

11. Adopt, use, and alter at will a corporate seal;

12. Adopt bylaws for the management and regulation of its

affairs and to promulgate and issue rules governing its operations;

13. Appoint officers, agents, and employees and prescribe their

duties and fix their compensation, within any limitations prescribed

by law;

14. Make contracts of every name and nature and execute all

instruments necessary or convenient for the carrying on of the

business of the Oklahoma Boll Weevil Eradication Organization;

15. Accept grants from and enter into contracts or other

transactions with any federal agency;

16. Issue and sell bonds, or borrow money, in amounts as shall

be needed from time to time for the purposes set forth in the Boll

Weevil Eradication Act.

Oklahoma Statutes - Title 2. Agriculture Page 102

a. The bonds may:

(1) be issued in one or more series,

(2) bear the date or dates,

(3) mature at time or times not exceeding twenty (20)

years from their date,

(4) be in denomination or denominations,

(5) be in form, either coupon or registered,

(6) carry registration and conversion privileges,

(7) be executed in a proper manner,

(8) be payable in medium of payment at a place or

places,

(9) be subject to terms of redemption with or without

premium, and

(10) bear rate or rates of interest, as may be

provided by resolution or resolutions to be

adopted by the Board within limits provided by

law, and be sold in a manner and at a price or

prices as may be considered by the Board to be

advisable.

b. Bonds shall have all the qualities and incidents of

negotiable paper, and the interest thereon shall not

be subject to taxation by the State of Oklahoma.

c. The board of directors may issue bonds pursuant to the

Boll Weevil Eradication Act for the purpose of

renewing funding of any obligations of the board of

directors, or may authorize and deliver a single issue

of bonds hereunder for the purpose in part of renewing

funding for obligations of the board.

d. The bonds issued pursuant to the Boll Weevil

Eradication Act shall not be an indebtedness of the

State of Oklahoma but shall be special obligations

payable solely from the assessments. The board of

directors is authorized and directed to pledge all or

any part of the assessments to the payment of and

interest on the bonds.

e. The board of directors may enter into any agreement or

contracts with the United States of America or the

State of Oklahoma or any agency or instrumentality

thereof which it may consider advisable or necessary

in order to obtain a grant of funds or other aid to be

used in connection with the proceeds of the bonds.

f. All bonds issued pursuant to the Boll Weevil

Eradication Act shall have on the backs thereof the

certificate required by Section 29 of Article 10 of

the Constitution of Oklahoma. The bonds shall be

submitted to the Attorney General of Oklahoma for

examination. The bonds, having been examined and

Oklahoma Statutes - Title 2. Agriculture Page 103

certified as legal obligations by the Attorney General

in accordance with the requirements as the Attorney

General may make, shall be incontestable in any court

in the State of Oklahoma unless suit thereon shall be

brought in a court having jurisdiction thereof within

thirty (30) days from the date of approval. Bonds so

approved by the Attorney General shall be prima facie

valid and binding obligations according to their

terms. The only defense that may be offered in any

suit instituted after a thirty-day period shall have

expired shall be a violation of the Constitution.

g. Any bank, trust, or insurance company organized under

the laws of Oklahoma may invest its capital, surplus,

and reserves in bonds issued under the provisions of

the Boll Weevil Eradication Act;

17. File an application, at its discretion, with the Supreme

Court of Oklahoma for the validation of the Boll Weevil Eradication

Act or for the approval of any series of bonds to be issued

hereunder or any other actions to be taken by the board of

directors. Exclusive original jurisdiction is hereby conferred upon

the Supreme Court to hear and determine each application.

a. It shall be the duty of the Supreme Court to give

applications precedence over the other business of the

Supreme Court and to consider and pass upon the

applications and any protests that may be filed

thereto as speedily as possible.

b. Notice of the hearing on each application shall be

given by a notice published in a newspaper of general

circulation in the state that on a day named, the

board of directors will ask the court to hear its

application. The notice shall inform all persons

interested that they may file protests against the

validation or approval and be present at the hearing

and contest the same. The notice shall be published

one time, not less than ten (10) days prior to the

date named for the hearing, and the hearing may be

adjourned from time to time at the discretion of the

court.

c. In any action to approve bonds, if the Supreme Court

is satisfied that the bonds have been properly

authorized in accordance with the provisions of the

Boll Weevil Eradication Act and that when issued they

will constitute valid obligations in accordance with

their terms, the Supreme Court shall render its

written opinion approving the bonds and shall fix the

time within which a petition for rehearing may be

filed. The decision of the Supreme Court shall be a

Oklahoma Statutes - Title 2. Agriculture Page 104

judicial determination of the validity of the bonds,

shall be conclusive as to the board of directors, its

officers and agents, and thereafter the bonds so

approved and the revenues pledged to their payment

shall be incontestable in any court in the State of

Oklahoma;

18. Conduct elections, at the discretion of the board of

directors, for any lawful purpose, including, but not limited to,

any assessment modification policy to deal with natural disasters.

Election procedures shall be established by the board of directors.

Fifty percent (50%) or more of the cotton growers voting shall

approve each ballot issue for its adoption;

19. Reexamine the number and composition of the existing

election districts in order to ensure fair and equitable geographic

areas based upon cotton production density. If the board of

directors determines that the number or composition of the election

districts should be reestablished, the board of directors shall:

a. fairly and equitably establish the election districts

necessary utilizing geographic areas based upon cotton

production density as the primary factor,

b. conduct the election of the next board of directors

consistent with this section,

c. hold public hearings regarding the establishment of

election districts,

d. facilitate the expeditious transfer of authority to

the newly elected board of directors, and

e. establish terms of office for the new board consistent

with this section.

Any elected or appointed board member shall have all the powers

and duties as granted pursuant to the Boll Weevil Eradication Act;

and

20. Take any other actions deemed necessary by the board of

directors to implement the provisions of the Boll Weevil Eradication

Act.

C. As used in this section, "bonds" means bonds, notes, loan

agreements, or other forms of indebtedness issued or delivered by

the Oklahoma Boll Weevil Eradication Organization.

D. The bylaws established by the board of directors relating to

boll weevil eradication and the assessment referenda shall be

submitted to the State Board of Agriculture for determination as to

whether the bylaws will be promulgated as rules of the State Board

of Agriculture. The bylaws may be promulgated in whole or in part

or may be returned for modification to the board of directors. The

State Board of Agriculture shall comply with the Administrative

Procedures Act in promulgating any rules adopted pursuant to the

provisions of this subsection.

E. The board of directors shall:

Oklahoma Statutes - Title 2. Agriculture Page 105

1. Make available all books, records of account, and minutes of

proceedings maintained by the Organization for inspection by the

Office of the State Auditor and Inspector for an audit in accordance

with the provisions of subsection B of Section 212 of Title 74 of

the Oklahoma Statutes;

2. Not later than forty-five (45) days after the last day of

the fiscal year, submit to the Commissioner a report itemizing all

income and expenditures and describing all activities of the

Organization during the fiscal year;

3. Provide surety bonds in amounts determined by the

Commissioner for employees or agents who handle funds for the

Organization;

4. Receive, hold in trust, and disburse all assessments and

other funds collected pursuant to the Boll Weevil Eradication Act as

trust funds of the Organization; and

5. Make available all books, records of account, and minutes of

proceedings of the Organization for inspection or audit by the

Commissioner at any reasonable time.

F. 1. Pursuant to the authority granted by the Boll Weevil

Eradication Act, except for instances of gross negligence,

individual criminal actions or acts of dishonesty, the board of

directors and employees of the board of directors are not

individually liable to a cotton grower or other person for:

a. errors in judgment,

b. mistakes, or

c. omissions.

2. Under no circumstances shall the board of directors, the

individual board members, or employees of the board of directors be

personally liable for any bonds of the Organization.

3. A member of the board of directors or an employee of the

board of directors is not individually liable for an act or omission

of another member or employee of the board of directors.

G. The board of directors shall serve without compensation but

are entitled to reimbursement for reasonable and necessary expenses

incurred in the discharge of their duties.
Okla. Stat. tit. 2, § 2-6-280.5 — OK Code / Title 2 / Section 2-6-280.5
Application of act - Registration required - Prohibited
Status: in_force

acts relating to dead, dying, disabled or diseased animals -

Requirements to sell rabbit products.

A. The Oklahoma Rabbit and Rabbit Products Inspection Act shall

apply to:

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

rabbits or processing, freezing, packaging, or labeling any

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

intrastate commerce, for use as human food or animal food. The

provisions of this paragraph shall not apply to:

a. the slaughtering of rabbits owned and raised by a

person who prepares and transports the carcasses of:

(1) rabbits or parts of rabbits exclusively for his

own use or for use by members of his household or

his nonpaying guests or employees, or

(2) rabbits owned and raised by a person who prepares

and transports the carcasses of uninspected

rabbits or parts of rabbits exclusively for sale

directly to household consumers. Said persons

Oklahoma Statutes - Title 2. Agriculture Page 311

are specifically prohibited from selling or

donating uninspected rabbit products to retail

stores, brokers, meat markets, schools,

orphanages, restaurants, nursing homes and

similar establishments. Said persons are further

prohibited from sales or donation of uninspected

rabbit products to caterers, charitable

institutions, public fund raising events and

similar activities. Said persons are further

prohibited from selling uninspected rabbit

products through any type of retail market or

similar establishment owned or operated by the

rabbit owner or raiser,

b. except as otherwise provided by this section, any

person who slaughters rabbits or processes or

otherwise handles rabbit products which have been or

are to be processed as required by recognized

religious dietary laws.

(1) Any person desiring such exemption shall make

application to the Oklahoma State Department of

Agriculture. The application shall be in such

form and contain such information as is required

by the Board.

(2) The Board may impose such conditions as to

sanitary standards, practices, and procedures in

granting such exemption as it deems necessary to

effectuate the purposes of the Oklahoma Rabbit

and Rabbit Products Inspection Act. Any person

who processes rabbit or rabbit products under

exemption from certain requirements as provided

in this division shall be subject to all of the

other applicable provisions of the Oklahoma

Rabbit and Rabbit Products Inspection Act and the

regulations promulgated pursuant thereto.

(3) Processing plants shall meet the sanitary

requirements set forth in the Oklahoma Rabbit and

Rabbit Products Inspection Act and shall be

required to qualify for inspection and operate as

official establishments;

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

as rabbit products brokers, wholesalers, or otherwise, or

transporting, in intrastate commerce, or storing in or for

intrastate commerce, any carcasses, or parts or products of

carcasses, of any rabbit; or

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

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

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

Oklahoma Statutes - Title 2. Agriculture Page 312

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

that died otherwise than by slaughter.

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

subsection shall be registered with the Board, in or for intrastate

commerce:

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

manufacturer, or engage in business in such commerce

as a wholesaler of any carcasses, or parts or products

of the carcasses, of any rabbits whether intended for

human food or other purposes; or

b. as a public warehouseman storing any such articles in

or for such commerce, or engage in the business of

buying, selling, or transporting in such commerce any

dead, dying, disabled, or diseased animals of the

specified kinds, or parts of the carcasses of any such

animals that died otherwise than by slaughter.

2. The application for registration shall contain the name of

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

trade names under which such person conducts such business and such

other information deemed necessary by the Board.

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

business of buying, selling, or transporting in intrastate commerce

dead, dying, disabled, or diseased animals, or any parts of the

carcasses of any animals that died otherwise than by slaughter,

shall buy, sell, transport, offer for sale or transportation, or

receive for transportation, in such commerce, any dead, dying,

disabled, or diseased rabbits or parts of the carcasses of any such

animals that died otherwise than by slaughter, shall comply with

such regulations as the Board prescribes to assure that such

animals, or the unwholesome parts or products thereof, will be

prevented from being used for human food purposes.

D. On and after September 1, 1989, no rabbit products intended

for human food shall be allowed to be sold in this state without:

1. first being inspected and approved by:

a. the United States Department of Agriculture, or

b. the Oklahoma State Department of Agriculture; or

2. having been legally imported into this state pursuant to

existing laws of the federal Food, Drug and Cosmetic Act.
Okla. Stat. tit. 2, § 2-15-119 — OK Code / Title 2 / Section 2-15-119
Exhibitions, contests and other events
Status: in_force

In addition to the powers specified by law, the board of

directors shall have the power and authority to provide for during

the agricultural and industrial exposition and fair or at any other

time:

1. Exhibitions and contests of speed, athletic skill and other

events of public and civic interest and benefit, and award suitable

prizes and purses therefor; and

2. The collection of reasonable admission into the exposition

or fair and rental fees therefrom by activities specified in this

section.
Okla. Stat. tit. 2, § 2-6-142 — OK Code / Title 2 / Section 2-6-142
Sale or disposition of bovine animals affected with
Status: in_force

tuberculosis.

It shall be unlawful for any person or the agents or employees

of any person to knowingly and intentionally sell, offer for sale,

assist in the sale or trade, or dispose or offer to dispose of any

animal affected with tuberculosis.
Okla. Stat. tit. 2, § 2-5-26 — OK Code / Title 2 / Section 2-5-26
Renumbered as § 10-79 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-3-32.2 — OK Code / Title 2 / Section 2-3-32.2
Inspections - Notices of violations - Seizure or
Status: in_force

destruction of stock - Treatment of diseased plants - Rules and

regulations.

A. 1. The Oklahoma Department of Agriculture, Food, and

Forestry shall have the authority to inspect any orchard, fruit,

garden, park, cemetery, private premises, public place, or any place

that may be infested with a plant pest that may be a threat to

plants belonging to other property owners or the health or safety of

the general public.

2. The Department may inspect any nursery stock, shipping

documents, treatment records, sales records, or other relevant

documents of any person, whether licensed with the Department or

not, to determine the distribution of nursery stock.

3. The Department may take samples removed of nursery stock in

order to determine compliance with this subarticle. If the

Department finds that the samples are not in compliance with this

subarticle, the Department’s finding shall be considered prima facie

evidence that a violation has occurred.

B. The Department shall have the authority to issue notices of

violation, citations, compliance orders, conditional orders, stop

sales orders, stop work orders, quarantines, or any other order

authorized pursuant to the Oklahoma Agricultural Code.

C. Any nursery stock distributed, sold, or offered for sale

within this state or delivered for transportation or transported in

intrastate or interstate commerce may be seized or caused to be

destroyed by the Department in any county of the state where it may

be found if:

Oklahoma Statutes - Title 2. Agriculture Page 94

1. The nursery stock is devitalized or infested with a plant

pest and may become a threat to plants belonging to other persons or

the health, safety, or welfare of the general public; or

2. The nursery stock does not bear the proper certificate,

plant tag information, or the required inspection or shipping

information.

D. The Department shall also have the authority to order the

owner, occupant, or person in charge to take any necessary action

including, but not limited to, the proper treatment or destruction

of infested or diseased plants pursuant to the Oklahoma Agricultural

Code and the Administrative Procedures Act.

E. 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 nursery stock sales or distribution that is more

stringent than the rules of the State Board of Agriculture.
Okla. Stat. tit. 2, § 2-18-300 — OK Code / Title 2 / Section 2-18-300
Short title - Oklahoma Wheat Resources Act
Status: in_force

Sections 18-300 through 18-317 of this title shall be known and

may be cited as the "Oklahoma Wheat Resources Act".
Okla. Stat. tit. 2, § 2-1903 — OK Code / Title 2 / Section 2-1903
Renumbered as § 11-22 of this title by Laws 2001, c. 146,
Status: in_force

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

The county commissioners of the counties of this state, having a

county fair association, organized pursuant to the laws of Oklahoma,

are hereby authorized to appropriate any sum of money not to exceed

Five Hundred Dollars ($500.00) each year to be offered as special

premiums, such special premiums to be determined upon by the county

commissioners and the directors of the fair association. Such money

shall be used to pay premiums of the county fair for exhibits of

agricultural and horticultural products and improved stock.
Okla. Stat. tit. 2, § 2-16-10 — OK Code / Title 2 / Section 2-16-10
Authorization of forestry cost-share program
Status: in_force

The State Board of Agriculture is authorized to establish and

administer a forestry cost-share program. The forestry cost-share

program shall provide monies to private landowners for the purpose

of implementing forest conservation or management practices on the

land as described in forest management plans approved by the

Commissioner of the State Department of Agriculture or meeting

certain standards established by the Commissioner. The Board shall

promulgate rules governing the cost-share program.
Okla. Stat. tit. 2, § 2-1301-209 — OK Code / Title 2 / Section 2-1301-209
Renumbered as Section 16-30 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.Oklahoma Statutes - Title 2. Agriculture Page 35
Okla. Stat. tit. 2, § 2-5-3.3 — OK Code / Title 2 / Section 2-5-3.3
Oklahoma Agriculture Enhancement and Diversification Fund
Status: in_force

– Monies received and deposited – Appropriation and expenditure.

A. There is hereby created within the State Treasury a fund for

the State Board of Agriculture to be designated the "Oklahoma

Agriculture Enhancement and Diversification Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies received by the State Board of

Agriculture to implement and maintain the Oklahoma Agriculture

Enhancement and Diversification Program.

Oklahoma Statutes - Title 2. Agriculture Page 170

B. The Oklahoma Agriculture Enhancement and Diversification

Fund shall consist of:

1. Money received by the Oklahoma Department of Agriculture,

Food, and Forestry in the form of gifts, grants, appropriations,

reimbursements, donations, industry contributions, funds allocated

by federal agencies for marketing, research and agricultural

development programs and such other monies specifically designated

for the Oklahoma Agriculture Enhancement and Diversification

Program. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the State Board of

Agriculture for the Oklahoma Agriculture Enhancement and

Diversification Program; and

2. Interest attributable to investment of money in the fund.

C. All donations or other proceeds received by the Department

pursuant to the provisions of this section shall be deposited with

the State Treasurer to be credited to the Oklahoma Agriculture

Enhancement and Diversification Fund. Expenditures from the fund

shall be made upon warrants issued by the State Treasurer against

claims filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.

D. The monies deposited in the fund shall at no time become

part of the general budget of the Department or any other state

agency. Except for any administration costs incurred in development

and implementation of the Oklahoma Agriculture Enhancement and

Diversification Program, no monies from the fund shall be

transferred for any purpose to any other state agency or to any

account of the State Board of Agriculture or the Department or be

used for the purpose of contracting with any other state agency or

reimbursing any other state agency for any expense.
Okla. Stat. tit. 2, § 2-6-258 — OK Code / Title 2 / Section 2-6-258
Marking and labeling
Status: in_force

A. All poultry products inspected at any official establishment

under the authority of this act and found to be not adulterated

shall at the time they leave the establishment bear, in distinctly

legible form, on their shipping containers and immediate containers

as the Board may require, the information required under paragraph

12 of Section 4 of this act. In addition, the Board whenever it

determines such action is practicable and necessary for the

protection of the public may require nonconsumer packaged carcasses

at the time they leave the establishment to bear directly thereon in

distinctly legible form any information required under such

paragraph 12.

B. The Board, whenever it determines such action is necessary

for the protection of the public, may prescribe:

1. the styles and sizes of type to be used with respect to

material required to be incorporated in labeling to avoid false or

misleading labeling in marking or otherwise labeling any articles or

poultry subject to this act; and

2. definitions and standards of identity or composition

for articles subject to this act and standards of fill of container

for such articles not inconsistent with any such standards

established under the Federal Food, Drug, and Cosmetic Act, or under

the Federal Poultry Products Inspection Act, and there shall be

Oklahoma Statutes - Title 2. Agriculture Page 292

consultation between the Board and the Secretary of Agriculture of

the United States prior to the issuance of such standards to avoid

inconsistency between such standards and the Federal standards.

C. No article subject to this act shall be sold or offered for

sale by any person in intrastate commerce, under any name or other

marking or labeling which is false or misleading, or in any

container of a misleading form or size, but established trade names

and other marking and labeling and containers which are not false or

misleading and which are approved by the Board are permitted. Any

person who violates the provisions of this subsection 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.

D. If the Board has reason to believe that any marking or

labeling or the size or form of any container in use or proposed for

use with respect to any article subject to this act is false or

misleading in any particular, it may direct that such use be

withheld unless the marking, labeling, or container is modified in

such manner as it may prescribe so that it will not be false or

misleading. If the person using or proposing to use the marking,

labeling or container does not accept the determination of the

Board, such person may request a hearing, but the use of the

marking, labeling, or container shall, if the Board so directs, be

withheld pending hearing and final determination by the Board. Any

such determination by the Board shall be conclusive unless, within

thirty (30) days after receipt of notice of such final

determination, the person adversely affected thereby appeals to the

District Court of Oklahoma County. This provision would not apply

to established trademarks or labeling approved by the U.S.D.A.
Okla. Stat. tit. 2, § 2-14-2 — OK Code / Title 2 / Section 2-14-2
Standards and methods
Status: in_force

The Director of the Bureau of Standards shall have charge of the

various standards of weights, measures, and testing devices received

by this state from the United States pursuant to Resolutions of

Congress approved June 14, 1836, and July 27, 1866, and any future

standards which may be received from the United States. The

Director shall have charge of the various state or office standards

purchased by this state for the Bureau.

The Director shall have charge and control of the standard

methods of weighing, measuring, and testing in this state. The

Director shall maintain the standards in good order and shall submit

Oklahoma Statutes - Title 2. Agriculture Page 516

a set of standards called the reference standards to a qualified

laboratory for certification.
Okla. Stat. tit. 2, § 2-1710 — OK Code / Title 2 / Section 2-1710
Renumbered as § 8-85.10 of this title by Laws 2001, c
Status: in_force

146, § 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-3-106 — OK Code / Title 2 / Section 2-3-106
Sales and transport of apiaries, equipment, bees, or
Status: in_force

hives.

A. A person shall not sell or offer for sale any apiary, apiary

equipment, bee, or hive in this state unless free of bee diseases or

pests.

B. Any apiary, apiary equipment, bee, or hive shipped or

transported interstate shall be accompanied with a certificate of

inspection issued by the state of origin.

C. Any person moving or transporting colonies into, within, or

through the State of Oklahoma shall secure the colonies in a manner

that prevents the escape of bees.

D. Honey or honey products used in shipping cages for the

transport or movement of bees shall be boiled for at least thirty

(30) minutes.
Okla. Stat. tit. 2, § 2-5-21.1 — OK Code / Title 2 / Section 2-5-21.1
Renumbered as § 10-72 of this title by Laws 2000, c
Status: in_force

243, § 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-10-2 — OK Code / Title 2 / Section 2-10-2
Board as official state agency
Status: in_force

The State Board of Agriculture shall be the official state

agency in all matters related to the health of birds, hatching eggs,

and in the administration of the National Poultry Improvement Plan.
Okla. Stat. tit. 2, § 2-3-211 — OK Code / Title 2 / Section 2-3-211
Weed Free Hay Certification Act
Status: in_force

This act shall be known and may be cited as the “Weed Free Hay

Certification Act”.
Okla. Stat. tit. 2, § 2-5-4.5 — OK Code / Title 2 / Section 2-5-4.5
Violations
Status: in_force

Violation of the Homemade Food Freedom Act shall be punishable

by a fine not exceeding Three Hundred Dollars ($300.00).
Okla. Stat. tit. 2, § 2-82 — OK Code / Title 2 / Section 2-82
Renumbered as § 15-32 of this title by Laws 2001, c. 146, §
Status: in_force

268, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 747
Okla. Stat. tit. 2, § 2-4022 — OK Code / Title 2 / Section 2-4022
Oklahoma State University Veterinary Medical Trust
Status: in_force

Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State University Veterinary Medical Trust to be

designated the "Oklahoma State University Veterinary Medical Trust

Revolving Fund". The fund shall be a continuing fund, not subject

to fiscal year limitations, and shall consist of all monies directed

for deposit to the fund by law. All monies accruing to the credit

of the fund are hereby appropriated and may be budgeted and expended

by the Oklahoma State University Veterinary Medical Trust in

accordance with the provisions of this act. Expenditures from said

fund shall be made upon warrants issued by the State Treasurer

against claims filed as prescribed by law with the Director of the

Office of Management and Enterprise Services for approval and

payment.
Okla. Stat. tit. 2, § 2-6-256 — OK Code / Title 2 / Section 2-6-256
Antemortem and postmortem inspection in official
Status: in_force

establishments - Condemnation - Appeals.

A. For the purpose of preventing the entry into or flow or

movement in intrastate commerce of any poultry product which is

capable of use as human food and is adulterated, the Board shall,

where and to the extent considered by it necessary, cause to be made

by inspectors antemortem inspection of poultry in each official

establishment engaged in processing poultry or poultry products

solely for intrastate commerce.

B. The Board, whenever processing operations are being

conducted, shall cause to be made by inspectors postmortem

inspection of the carcass of each bird processed, and at any time

such quarantine, segregation and reinspection as it deems necessary

of poultry and poultry products capable of use as human food in each

official establishment engaged in processing poultry or poultry

products solely for intrastate commerce.

C. All poultry carcasses and parts thereof and other poultry

products found to be adulterated shall be condemned and shall, if no

appeal be taken from such determination of condemnation, be

destroyed for human food purposes under the provision of an

inspector. Provided, that carcasses, parts, and products which may

by reprocessing be made not adulterated, need not be so condemned

Oklahoma Statutes - Title 2. Agriculture Page 291

and destroyed if so reprocessed under the supervision of an

inspector and thereafter found to be not adulterated. If an appeal

be taken from such determination, the carcasses, parts, or products

shall be appropriately marked and segregated pending completion of

an appeal inspection, which appeal shall be at the cost of the

appellant if the Board determines that the appeal is frivolous. If

the determination of condemnation is sustained, the carcasses,

parts, and products shall be destroyed for food purposes under the

supervision of an inspector.
Okla. Stat. tit. 2, § 2-20-47 — OK Code / Title 2 / Section 2-20-47
Pollution Prevention Plan
Status: in_force

A. An animal feeding operation licensed pursuant to the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act shall develop a Pollution Prevention Plan or may substitute

equivalent measures contained in a site-specific Animal Waste

Oklahoma Statutes - Title 2. Agriculture Page 727

Management Plan prepared pursuant to Section 36 of this act. Design

and construction criteria developed by the United States Department

of Agriculture Natural Resources Conservation Service, may be

substituted for the documentation of design capacity and

construction requirements.

B. 1. The Pollution Prevention Plan shall be signed by the

owner or as otherwise authorized by the Oklahoma Department of

Agriculture, Food, and Forestry and a copy shall be retained on

site.

2. The animal feeding operation shall amend the Pollution

Prevention Plan and obtain approval of the Department prior to any

change in design, construction, operation or maintenance which has

significant effect on the potential for the discharge of pollutants

to the waters of the state.

C. If, after reviewing the Pollution Prevention Plan, the

Department determines that the Plan does not meet one or more of the

minimum requirements, the animal feeding operation shall make and

implement appropriate changes to the Plan as required by the

Department pursuant to the Oklahoma Concentrated Animal Feeding

Operations Act and rules promulgated pursuant thereto.

D. The Pollution Prevention Plan shall provide and require

presite approval by Departmental personnel prior to construction.

During construction, the Department shall monitor the construction

process as deemed necessary by the Department in an attempt to

verify the construction of the facility is done according to plans

and acceptable engineering standards to reduce or eliminate the

potential of pollution.

E. In addition to other requirements specified by this section,

the Pollution Prevention Plan shall include but not be limited to:

1. A description of potential sources, activities and materials

which may reasonably be expected to or could potentially add

pollutants to runoff from the facility;

2. A map, indicating an outline of the drainage area of the

facility, and each existing structural control measure designed to

reduce pollutants in wastewater and precipitation runoff in all

surface waters of the state;

3. A spill contingency plan for potential pollutants;

4. All existing sampling data of groundwater, nitrate and

coliform bacteria levels, soil tests from land application sites and

animal waste nutrient sampling;

5. A description of management controls appropriate for the

facility. The management controls shall include, but not be limited

to:

a. the location and a description of existing structural

and nonstructural controls,

Oklahoma Statutes - Title 2. Agriculture Page 728

b. documentation of retention structure capacity and the

assumptions and calculations used in determining the

appropriate volume capacity, and

c. a description of the design standards for the

retention facility embankments;

6. A description of the design standards for any retention

facilities;

7. Training requirements for employees;

8. Documentation relating to any hydrologic connection between

the contained wastewater and waters of the state which complies with

Section 37 of this act; and

9. Requirements that all irrigation systems into which any

animal waste will be injected shall be equipped as specified by

Section 38 of this act.

F. The following records shall be maintained at the site as

long as the facility is in operation:

1. Water level in the retention structure;

2. Daily precipitation records from on-site rain gauge;

3. Incident reports such as spills and other discharges;

4. Inspection and maintenance reports;

5. Findings from annual inspections of the entire facility;

6. Log of preventive maintenance and employee training that was

completed;

7. Log of removal of animal waste sold or given to other

persons for disposal;

8. Other specific information deemed necessary by the

Department to implement the provisions of the Oklahoma Concentrated

Animal Feeding Operations Act and rules promulgated pursuant

thereto;

9. Copy of general permit issued by the United States

Environmental Protection Agency if applicable, a copy of the

completed Pollution Prevention Plan, and other specific records

deemed necessary by the Department to implement the provisions of

the Oklahoma Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto; and

10. The notarized statement signed by the applicant accepting

full responsibility for properly closing all waste retention

structures pursuant to subsection H of this section.

G. Any analyses required by the provisions of the Oklahoma

Concentrated Animal Feeding Operations Act or rules promulgated

pursuant thereto shall be performed by a qualified independent

testing laboratory certified by the Oklahoma Department of

Environmental Quality and approved by the Department.

H. The applicant shall sign a notarized statement accepting

full responsibility for properly closing all waste retention

structures if the facility ceases to function or is ordered to close

by action of the Department. When a license is transferred, the new

Oklahoma Statutes - Title 2. Agriculture Page 729

owner or lessee shall submit a signed notarized statement accepting

full responsibility for properly closing all waste retention

structures if the facility ceases to function or is ordered to close

by action of the Department.
Okla. Stat. tit. 2, § 2-16-36 — OK Code / Title 2 / Section 2-16-36
When compact operative - Exchange of official documents
Status: in_force

When the Governor executes the compact on behalf of this state

and causes a verified copy of the compact to be filed with the

Secretary of State, and when the compact has been ratified by one or

more of the states named in Section 16-35 of this title, then the

compact shall become operative and effective as between this state

and any other state or states. The Governor is authorized and

Oklahoma Statutes - Title 2. Agriculture Page 601

directed to take action necessary to complete the exchange of

official documents between this state and any other state ratifying

the compact.
Okla. Stat. tit. 2, § 2-5-63.3 — OK Code / Title 2 / Section 2-5-63.3
Petition for state assessment referendum
Status: in_force

A. 1. Any nonprofit commodity organization may petition the

Commissioner of the Oklahoma Department of Agriculture, Food, and

Forestry to request approval to conduct a state assessment

referendum pursuant to the Commodity Research Enhancement Act.

2. The petition shall state:

a. the name of the nonprofit organization that will

conduct the referendum,

b. the reasons for and the purposes of the state

assessment,

c. the federally approved commodity board that will be

designated by the nonprofit commodity organization as

the recipient of the state assessment,

d. the maximum state assessment to be levied pursuant to

an election,

e. the names and number of positions held by each

nonprofit commodity organization on the federally

approved commodity board, and

f. such other information required by the Commissioner.

3. The petition shall be signed by at least ten percent (10%)

of the commodity producers in the state.

B. 1. Within fifteen (15) days following the day on which a

petition for certification is received, the Commissioner shall

schedule a public hearing to consider the petition. The public

Oklahoma Statutes - Title 2. Agriculture Page 209

hearing shall be scheduled no later than forty (40) days after

receipt of the completed petition by the Department.

2. Upon the scheduling of the public hearing, the nonprofit

commodity organization shall provide for notification of interested

commodity producers in the manner, method and locations required by

the Oklahoma Department of Agriculture, Food, and Forestry.

3. If the Commissioner determines that, on the basis of

testimony presented at the public hearing, the petitioning nonprofit

commodity organization is representative of the producers of the

agricultural commodity and that the petition conforms to the

purposes and provisions of the Commodity Research Enhancement Act,

the Commissioner shall designate the nonprofit commodity

organization as representative of the producers of the commodity and

authorized to conduct the state assessment referendum.

4. The petitioning nonprofit commodity organization shall be

responsible for all costs associated with the Commissioner's

consideration of the petition.
Okla. Stat. tit. 2, § 2-1850.11 — OK Code / Title 2 / Section 2-1850.11
Renumbered as § 18-250 of this title by Laws 2001, c
Status: in_force

146, § 266, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-18-50 — OK Code / Title 2 / Section 2-18-50
Oklahoma Peanut Act
Status: in_force

Sections 18-50 through 18-62 of this title shall be known and

may be cited as the "Oklahoma Peanut Act".
Okla. Stat. tit. 2, § 2-15-122 — OK Code / Title 2 / Section 2-15-122
Expenses of operating fair - Unused funds - Transfer of
Status: in_force

funds of existing association.

A. All expenses of operating the free fair, including awards

and prizes, shall be paid first from the tax account and second from

the miscellaneous revenue account. Any funds remaining in the

miscellaneous revenue account shall be appropriated for the next

fiscal year to be used for maintenance, construction or any other

proper purpose to be determined by the fair board.

B. Any and all funds on hand to the credit of any existing free

fair association in any such county shall be immediately transferred

to the credit of the association upon the election of the board of

directors.
Okla. Stat. tit. 2, § 2-5-63.8 — OK Code / Title 2 / Section 2-5-63.8
Exemptions for producers
Status: in_force

The original referendum may provide exemptions for producers

from payment of the state assessment if the exemptions are included

in full written form on the election ballot and the referendum is

adopted as outlined in Section 11 of this act.
Okla. Stat. tit. 2, § 2-5-63.4 — OK Code / Title 2 / Section 2-5-63.4
State assessment referendum
Status: in_force

A. A designated nonprofit commodity organization may conduct a

referendum of the producers of an agricultural commodity on the

proposition of whether or not the producers shall levy a state

assessment on themselves to finance programs of research, disease

and insect control, predator control, education or promotion

designed to encourage the production, marketing and use of the

commodity. The designated nonprofit commodity organization shall

give public notice of:

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

referendum;

2. The estimated amount and basis of the state assessment

proposed to be collected;

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

with Section 8 of this act; and

4. A description of the manner in which the state assessment is

to be collected and the proceeds administered and used.

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

published in one or more newspapers published and distributed within

the boundaries described in the petition. The notice shall be

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

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

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

the election, the designated nonprofit commodity organization shall

give direct written notice to each county extension educator in any

county within the boundaries described in the petition.
Okla. Stat. tit. 2, § 2-5-16 — OK Code / Title 2 / Section 2-5-16
Liability of agritourism professionals and exceptions
Status: in_force

A. Except as provided in subsection B of this section, an

agritourism professional is not liable for injury to or death of a

participant resulting from the inherent risks of agritourism

activities, so long as the warning contained in Section 4 of this

act is posted as required and, except as provided in subsection B of

this section, no participant or participant's representative can

maintain an action against or recover from an agritourism

professional for injury, loss, damage, or death of the participant

resulting exclusively from any of the inherent risks of agritourism

activities. In any action for damages against an agritourism

professional for agritourism activity, the agritourism professional

must plead the affirmative defense of assumption of the risk of

agritourism activity by the participant.

B. Nothing in subsection A of this section prevents or limits

the liability of an agritourism professional if the agritourism

professional does any one or more of the following:

1. Commits an act or omission that constitutes negligence or

willful or wanton disregard for the safety of the participant, and

that act or omission proximately causes injury, damage, or death to

the participant;

2. Has actual knowledge or reasonably should have known of a

dangerous condition on the land, facilities, or equipment used in

the activity or the dangerous propensity of a particular animal used

in such activity and does not make the danger known to the

participant, and the danger proximately causes injury, damage, or

death to the participant.

C. Any limitation on legal liability afforded by this section

to an agritourism professional is in addition to any other

limitations of legal liability otherwise provided by law.
Okla. Stat. tit. 2, § 2-2A-28 — OK Code / Title 2 / Section 2-2A-28
Tier II applications - Final permit - Response to
Status: in_force

comments - Tier III applications - Proposed permit - Notice and

hearing - Final denial or permit.

A. For draft permits or draft denials for Tier II applications

on which no comment or public meeting request was received in a

timely manner and on which no public meeting was held, the final

permit shall be issued or denied.

B. For draft permits or draft denials for Tier II applications

on which comment or a public meeting request was received in a

timely manner or on which a public meeting was held, the Oklahoma

Department of Agriculture, Food, and Forestry, after considering the

comments, shall prepare a response to comments and issue the draft

permit as is or as amended or make final denial.

C. The response to comments shall be prepared within ninety

(90) working days after the close of the public comment period

unless extended by the Director upon a determination that additional

time is required due to circumstances outside the control of the

Department. Circumstances may include, but shall not be limited to,

an act of God, a substantial and unexpected increase in the number

of applications filed, additional review duties imposed on the

Department from an outside source, or outside review by a federal

agency.

D. 1. For a draft permit for a Tier III application, after the

public comment period and the public meeting, if any, the Department

shall prepare a response to any comments received in a timely manner

Oklahoma Statutes - Title 2. Agriculture Page 88

and either issue a final denial in accordance with paragraph 5 of

this subsection or prepare a proposed permit.

2. When a proposed permit is prepared, the applicant shall

publish notice, as legal notice in one newspaper of general

circulation local to the proposed new site or existing facility, of

the tentative decision of the Department to issue the permit. The

notice shall identify the locations where the proposed permit and

the response of the Department to comments may be reviewed,

including a public location in the county where the proposed new

site or existing facility is located and shall offer a twenty-

working-day opportunity to request an administrative hearing to

participate in as a party.

3. The Department shall ensure that any additional notice

requirements as otherwise provided by law are followed.

4. The opportunity to request a hearing shall be available to

the applicant and any person or qualified interest group that

alleges that the operation may have a direct, substantial, and

immediate effect upon the health, environmental, pecuniary, or

property interest or upon the legal interest of that person or

qualified interest group.

5. If no written administrative hearing request is received by

the Department by the end of twenty (20) working days after the

publication date of the notice, the final permit shall be issued.

6. If the final decision of the Department is to deny the

permit, it shall give notice to the applicant and issue a final

denial in accordance with subsection G of this section.

E. 1. When an administrative hearing is requested in a timely

manner on a proposed permit in accordance with subsection C of this

section, all timely requests shall be combined in a single hearing.

The hearing shall be a quasi-judicial proceeding and shall be

conducted by an administrative law judge in accordance with the

Administrative Procedures Act, the Oklahoma Agricultural Code, and

rules promulgated by the State Board of Agriculture.

2. The applicant shall be a party to the hearing.

3. The Department shall hold a scheduling conference within

sixty (60) calendar days after the end of the hearing request

period.

4. The Department shall move promptly to an evidentiary

proceeding in which parties shall have the right to present evidence

before the Department on whether the proposed permit and the

technical data, models and analyses, and information in theOklahoma Statutes - Title 2. Agriculture Page 2y to the hearing.

3. The Department shall hold a scheduling conference within

sixty (60) calendar days after the end of the hearing request

period.

4. The Department shall move promptly to an evidentiary

proceeding in which parties shall have the right to present evidence

before the Department on whether the proposed permit and the

technical data, models and analyses, and information in the

application upon which the proposed permit is based are in

substantial compliance with applicable provisions of the Oklahoma

Agricultural Code and rules promulgated thereunder and whether the

proposed permit should be issued as is, amended and issued, or

denied.

Oklahoma Statutes - Title 2. Agriculture Page 89

5. Failure of any party to participate in the administrative

proceeding with good faith and diligence may result in a default

judgment with regard to that party; provided, however, that no final

permit shall be issued solely on the basis of any such judgment.

F. If the Department decides to reverse its initial draft

decision, it shall withdraw the draft denial or draft permit and

prepare a draft permit or draft denial, as appropriate. Notice of

the withdrawal of the original draft and preparation of the revised

draft shall be given as provided in Section 15 of this act. The

Department then shall reopen the comment period and provide

additional opportunity for a formal public meeting on the revised

draft as described in Section 18 of this act.

G. Upon final issuance or denial of a permit for a Tier III

application, the Department shall provide public notice of the final

permit decision and the availability of the response to comments, if

any.

H. Any appeal of a Tier III final permit decision or any final

order connected to it shall be made in accordance with the

provisions of the Oklahoma Agricultural Code and the Administrative

Procedures Act. Any appeal shall be limited to the participants of

the administrative proceedings.

I. Any applicant, within ten (10) days after final denial of

the application for a new original permit on which no final order

was issued, may petition the Department for reconsideration on the

grounds stated in the Administrative Procedures Act as if the denial

was an order. Disposition of the petition shall be by order of the

Director according to the Administrative Procedures Act.
Okla. Stat. tit. 2, § 2-1453 — OK Code / Title 2 / Section 2-1453
Renumbered as § 8-80.3 of this title by Laws 2001, c. 146,
Status: in_force

§ 252, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-506 — OK Code / Title 2 / Section 2-5-506
Oklahoma AgrAbility Project Fund
Status: in_force

The Oklahoma AgrAbility Project Fund may be created at some

future time as funds become available to provide low-cost direct

assistance to eligible clients through agricultural work

accommodations and technologies, to build capacity in health care

providers through educational offerings, and to direct a volunteer

peer support network to assist clients and their families impacted

by disability issues.
Okla. Stat. tit. 2, § 2-5-62.4 — OK Code / Title 2 / Section 2-5-62.4
Renumbered as § 14-64 of this title by Laws 2000, c
Status: in_force

243, § 126, emerg. eff. May 24, 2000.

Oklahoma Statutes - Title 2. Agriculture Page 207
Okla. Stat. tit. 2, § 2-18-406 — OK Code / Title 2 / Section 2-18-406
Harvesting of Eastern Redcedar trees
Status: in_force

Eastern Redcedar trees removed from lands owned by any state

agency or any person or entity with authority to remove the trees

Oklahoma Statutes - Title 2. Agriculture Page 670

from state-owned lands may be provided to harvesters listed in the

Oklahoma Department of Agriculture, Food, and Forestry's directory

in a manner consistent with Section 16-57 of this title.
Okla. Stat. tit. 2, § 2-6-185 — OK Code / Title 2 / Section 2-6-185
Inspection – Limitation of entry
Status: in_force

A. The Oklahoma Meat Inspection Act shall apply to:

1. All carcasses or parts of carcasses of cattle, bison, sheep,

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

products thereof, capable of use as human food, which may be brought

Oklahoma Statutes - Title 2. Agriculture Page 266

into any slaughtering, meat-canning, salting, packing, rendering, or

similar establishment, where inspection under the Oklahoma Meat

Inspection Act is maintained. Examination and inspection shall be

made before the carcasses or parts thereof shall be allowed to enter

into any department wherein the same are to be treated and prepared

for meat food products; and

2. All such products which, after having been issued from any

such slaughtering, meat-canning, salting, packing, rendering, or

similar establishment, shall be returned to the same or to any

similar establishment where such inspection is maintained.

B. The Board may limit the entry of carcasses, parts of

carcasses, meat and meat food products, and other materials into any

establishment at which inspection under the Oklahoma Meat inspection

Act is maintained, under the conditions as it may prescribe to

assure that allowing the entry of such articles into such inspected

establishments will be consistent with the purposes of the Oklahoma

Meat Inspection Act.
Okla. Stat. tit. 2, § 2-15-27 — OK Code / Title 2 / Section 2-15-27
Notice to county excise board of election result and
Status: in_force

amount of estimate - Tax levy.

When directed by a vote of the resident taxpayers at the special

election, the county commissioners shall at their first meeting

thereafter, notify the county excise board that:

1. The question specified by Section 15-25 of this title has

been voted upon and carried; and

2. The estimate as submitted by the board of directors of the

free district fair association amounts to a sum, not to exceed the

amount voted upon.

The excise board shall proceed to levy upon the total valuation of

the county a tax sufficient to raise the amount named in the county

commissioners' report, not to exceed one (1) mill, for the free

district fair purposes.
Okla. Stat. tit. 2, § 2-5-2 — OK Code / Title 2 / Section 2-5-2
Program of marketing services
Status: in_force

For the purpose of aiding and improving the marketing of

agricultural products of the State of Oklahoma, the State Board of

Agriculture shall implement a program of marketing services. The

program shall include improvement of marketing methods, development

of greater and more efficient utilization of agricultural products,

Oklahoma Statutes - Title 2. Agriculture Page 168

and dissemination of marketing information. The Board shall perform

any other services that will facilitate the improvement,

transportation, marketing, distributing, processing, or utilization

of agricultural products of the State of Oklahoma through commercial

channels.
Okla. Stat. tit. 2, § 2-1036 — OK Code / Title 2 / Section 2-1036
Renumbered as § 18-314 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 758
Okla. Stat. tit. 2, § 2-3-117 — OK Code / Title 2 / Section 2-3-117
Inspection fee - Inspection procedures
Status: in_force

A. 1. Any beekeeper who requests inspection of an apiary,

colony, hive, apiary equipment, or premise pursuant to the Oklahoma

Apiary Act, is subject to an inspection fee as established by the

State Board of Agriculture.

2. During an inspection or upon request, the Oklahoma

Department of Agriculture, Food, and Forestry may take samples. The

manner of sampling, the cost of sampling, and the method of testing

shall be established by the Board.

B. Any inspections of an apiary performed at the request of a

beekeeper shall be limited to availability of time and personnel.

C. 1. Standard precautions for the prevention of the

transmission of bee diseases or pests to humans, animals, and bees

shall be followed by the Department when inspecting apiaries

pursuant to their official duties specified by the Oklahoma Apiary

Act.

2. Except for emergency situations or when enforcement of the

provisions of the Oklahoma Apiary Act is required, the Department

shall observe the health standards and sanitary requirements of the

apiary.
Okla. Stat. tit. 2, § 2-6-91 — OK Code / Title 2 / Section 2-6-91
Formulation of control and eradication program
Status: in_force

A program for the control and eradication of brucellosis among

livestock of the State of Oklahoma shall be maintained by the State

Board of Agriculture. The program shall be composed of a plan or

combination of plans adopted or recommended by the United States

Department of Agriculture and approved by the Board.
Okla. Stat. tit. 2, § 2-5-84 — OK Code / Title 2 / Section 2-5-84
Dissemination of information about program
Status: in_force

The State Treasurer shall disseminate information about the

Oklahoma Agricultural Linked Deposit Program to the agriculture

industry in this state.
Okla. Stat. tit. 2, § 2-10-76 — OK Code / Title 2 / Section 2-10-76
Methods of grading
Status: in_force

All grading shall be performed as prescribed by the State Board

of Agriculture.
Okla. Stat. tit. 2, § 2-6-280.2 — OK Code / Title 2 / Section 2-6-280.2
Purpose
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 304

A. Rabbit and rabbit products are an important source of the

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

interest that the health and welfare of consumers be protected by

assuring that slaughtered rabbit and rabbit products distributed to

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

and packaged. Unwholesome, adulterated, or misbranded rabbit or

rabbit products are injurious to the public welfare, destroy markets

for wholesome, not adulterated, and properly labeled and packaged

rabbit and rabbit products, and result in sundry losses to rabbit

producers and processors of rabbit and rabbit products, as well as

injury to consumers. The unwholesome, adulterated, mislabeled, or

deceptively packaged articles can be sold at lower prices and

compete unfairly with the wholesome, not adulterated, and properly

labeled and packaged articles, to the detriment of consumers and the

public generally.

B. It is hereby declared to be the policy of the Legislature of

this state to provide for the inspection of rabbit and rabbit

products and otherwise regulate the processing and distribution of

such articles to prevent the movement or sale in intrastate commerce

of rabbit and rabbit products which are adulterated or misbranded.
Okla. Stat. tit. 2, § 2-113 — OK Code / Title 2 / Section 2-113
Renumbered as § 15-88 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-100 — OK Code / Title 2 / Section 2-5-100
Legislative finding and declaration
Status: in_force

The Legislature hereby finds, determines and declares that the

production of agricultural food products constitutes a large

proportion of Oklahoma’s economy and that it is beneficial to the

citizens of this state to protect the vitality of the agricultural

economy by providing a legal cause of action for producers of

perishable agricultural food products to recover damages for the

disparagement of any perishable agricultural food product.
Okla. Stat. tit. 2, § 2-1035 — OK Code / Title 2 / Section 2-1035
Renumbered as § 18-313 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-10-9.6 — OK Code / Title 2 / Section 2-10-9.6
Poultry Waste Education Revolving Fund
Status: in_force

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

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

to be designated the "Poultry Waste Education Revolving Fund". The

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

limitations, and shall consist of all monies donated to the fund,

and any other monies deposited in the fund pursuant to law.

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

appropriated and may be budgeted and expended by the Oklahoma

Department of Agriculture, Food, and Forestry to contract with

Oklahoma State University to provide the educational courses

required by the Oklahoma Poultry Waste Applicators Certification

Act.

C. 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.

Oklahoma Statutes - Title 2. Agriculture Page 463
Okla. Stat. tit. 2, § 2-3-82D — OK Code / Title 2 / Section 2-3-82D
Alleging damages — Written complaint statement —
Status: in_force

Inspection.

A. Prior to filing an action against an applicator for damages

to growing crops or plants, any person alleging damages to growing

crops or plants shall:

1. Within ninety (90) calendar days of the date that the

alleged damages occurred or prior to the time that twenty-five

percent (25%) of the allegedly damaged crops or plants are

harvested, whichever occurs first, file a written complaint

statement with the Department regarding the alleged damages; and

2. Between the date of filing of the written complaint pursuant

to paragraph 1 of this subsection and the date harvesting or

destruction of the allegedly damaged crops or plants occurs, allow

the applicator and the representatives of the applicator reasonable

access to the property to inspect and take samples of the allegedly

damaged crops or plants during reasonable hours. The

representatives of the applicator may include, but not be limited

to, crop consultants, bondsmen, and insurers. Nothing in this

paragraph shall limit in any way the harvesting or destruction of

the allegedly damaged crops or plants in the ordinary course of

business and practice.

B. Any person failing to comply with subsection A of this

section shall be barred from filing an action for damages against

the applicator.
Okla. Stat. tit. 2, § 2-9-26 — OK Code / Title 2 / Section 2-9-26
Insurance – Notice of loss
Status: in_force

A. Each state-chartered warehouseman shall insure and keep

insured, in the warehouseman's own name, all of the commodities in

store, received for storage, or handled for storage for the full

market value of the commodities, against loss or damage by fire,

lightning, inherent explosion, windstorm, cyclone, or tornado.

B. In the event of any loss or damage to the commodities or the

warehouse, the warehouseman shall immediately notify the State Board

of Agriculture and at the expense of the warehouseman promptly take

the steps necessary to collect any monies which may be due as

indemnity for the loss or damage.

C. In the event the warehouseman insures against hazards not

specified, the insurance shall inure to the benefit of the

producers.

Oklahoma Statutes - Title 2. Agriculture Page 437
Okla. Stat. tit. 2, § 2-6-514 — OK Code / Title 2 / Section 2-6-514
Denial, revocation, cancelation, or suspension of
Status: in_force

license.

A. The license of any owner or operator may be revoked if it is

determined at an administrative hearing that the owner or operator

has violated any provision of the Oklahoma Farmed Cervidae Act.

B. In the event a license is denied, revoked, cancelled, or

suspended, the owner or operator is not eligible to reapply until

after the date the license would have expired.
Okla. Stat. tit. 2, § 2-4-5 — OK Code / Title 2 / Section 2-4-5
Application for registration - Fees - Contents
Status: in_force

A. Any application for the registration of a brand shall be:

1. On a form prepared by the statewide livestock organization;

and

2. Accompanied by a reasonable fee set by the organization for

each brand.

B. The application for the registration of a brand shall show

the brand location to the following body regions of animals: right

or left shoulder, neck, rib, or hind quarter. Previously registered

brands are not affected.

C. The applicant shall list at least three distinct brands and

three locations in the preferred order.
Okla. Stat. tit. 2, § 2-6-262 — OK Code / Title 2 / Section 2-6-262
Penalties
Status: in_force

A. Any person who violates the provisions of Sections 6-259, 6-

260, 6-261 or 6-264 of this title shall be fined not more than One

Thousand Dollars ($1,000.00) or imprisoned not more than one (1)

year, or both; but if such violation involves intent to defraud, or

any distribution or attempted distribution of an article that is

adulterated, except as defined in subparagraph (h) of paragraph 11

of Section 6-254 of this title, such person shall be guilty of a

Oklahoma Statutes - Title 2. Agriculture Page 296

Class D3 felony offense and fined not more than Ten Thousand Dollars

($10,000.00), or imprisoned as provided for in subsections B through

F of Section 20P of Title 21 of the Oklahoma Statutes, or both.

When construing or enforcing the provisions of said sections, the

act, omission, or failure of any person acting for or employed by

any individual, partnership, corporation, or association within the

scope of his employment or office shall in every case be deemed the

act, omission, or failure of such individual, partnership,

corporation, or association, as well as of such person.

B. No carrier shall be subject to the penalties of this act,

other than the penalties for violation of Section 6-261 of this

title, by reason of his receipt, carriage, holding, or delivery, in

the usual course of business, as a carrier of poultry or poultry

products, owned by another person unless the carrier has knowledge,

or is in possession of facts which would cause a reasonable person

to believe that such poultry or poultry products were not inspected

or marked in accordance with the provisions of this act or were

otherwise not eligible for transportation under this act or unless

the carrier refuses to furnish on request of a representative of the

Board the name and address of the person from whom he received such

poultry or poultry products, and copies of all documents, if any

there be, pertaining to the delivery of the poultry or poultry

products to such carrier.

C. Any person who interferes by any act with an inspector in

the performance of his official duties shall be guilty of a

misdemeanor.
Okla. Stat. tit. 2, § 2-788.5 — OK Code / Title 2 / Section 2-788.5
Renumbered as § 8-35 of this title by Laws 2001, c. 146,
Status: in_force

§ 248, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-613 — OK Code / Title 2 / Section 2-6-613
Ownership of feral swine
Status: in_force

A person shall not be considered the owner of a feral swine if,

within a twenty-four-hour period, the person catches, tags, and

releases the feral swine in the same location that it was caught.
Okla. Stat. tit. 2, § 2-15-30 — OK Code / Title 2 / Section 2-15-30
Admission charge - When not permitted
Status: in_force

No admittance fee shall be charged by any free district fair

association if any premiums are offered, to any grounds or enclosure

where public exhibitions are made for public premiums.
Okla. Stat. tit. 2, § 2-18-180 — OK Code / Title 2 / Section 2-18-180
Short title
Status: in_force

Sections 59 through 75 of this act shall be known and may be

cited as the “Oklahoma Sheep and Wool Producers Act”.
Okla. Stat. tit. 2, § 2-1301-104 — OK Code / Title 2 / Section 2-1301-104
Renumbered as Section 16-4 of this title by Laws 2001,
Status: in_force

c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-1030 — OK Code / Title 2 / Section 2-1030
Renumbered as § 18-308 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-290.2 — OK Code / Title 2 / Section 2-6-290.2
Legislative findings and policy
Status: in_force

A. Exotic livestock and exotic livestock products are becoming

an important source of the nation's supply of food. It is essential

in the public interest that the health and welfare of consumers be

protected by assuring that slaughtered exotic livestock and exotic

livestock products distributed to them are wholesome, not

adulterated, and properly marked, labeled, and packaged.

Unwholesome, adulterated, or misbranded exotic livestock are

injurious to the public welfare, destroy markets for wholesome, not

adulterated, and properly labeled and packaged exotic livestock and

exotic livestock products, and result in sundry losses to exotic

Oklahoma Statutes - Title 2. Agriculture Page 323

livestock producers and processors of exotic livestock and exotic

livestock products, as well as injury to consumers. The

unwholesome, adulterated, mislabeled, or deceptively packaged

articles can be sold at lower prices and compete unfairly with the

wholesome, not adulterated, and properly labeled and packaged

articles, to the detriment of consumers and the public generally.

B. It is hereby declared to be the policy of the Legislature of

this state to provide for the inspection of exotic livestock and

exotic livestock products and otherwise regulate the processing and

distribution of such articles to prevent the movement or sale of

exotic livestock and exotic livestock products which are adulterated

or misbranded.
Okla. Stat. tit. 2, § 2-5-60.31 — OK Code / Title 2 / Section 2-5-60.31
Increase of maximum rate of assessment – Abolition of
Status: in_force

assessment - Referendum.

A. At any election of the commodity producers board, the

certified organization may submit to the voters a proposition to

increase the maximum rate of assessment. The referendum proposition

will be adopted upon a finding that:

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

favor of the referendum proposition; or

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

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

Oklahoma Statutes - Title 2. Agriculture Page 203

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

of the production of the commodity during the relevant production

period.

B. 1. If twenty percent (20%) or more of the producers

participating in the program present to the certified organization a

petition calling for a referendum of the qualified voters on the

proposition of discontinuing the assessment, the certified

organization shall conduct a referendum for that purpose. An

election on a proposition of discontinuing the assessment shall be

held no more than once per year.

2. The certified organization shall give notice of the

referendum, the referendum shall be conducted, and the results shall

be declared in the manner provided by law for the original

referendum and election, with any necessary exceptions provided in

bylaws of the certified organization.

3. The certified organization shall conduct the referendum

within ninety (90) days of the date of filing of the petition.

4. The proposition shall be approved if:

a. two-thirds or more of those voting in the election

voted in favor of the referendum proposition, or

b. more than one-half of those voting in the election

voted in favor of the referendum proposition, and

those voting in favor of the proposition produced at

least fifty percent (50%) of the volume of the

production of the commodity during the relevant

production period.

C. If the proposition is approved, the assessment is abolished.

D. A successor organization shall follow the statutory

assessment provisions and the assessment continuation referendum

requirements established in the statutory provisions for the

particular commodity represented by the successor organization.
Okla. Stat. tit. 2, § 2-5-60 — OK Code / Title 2 / Section 2-5-60
Industry Advisory Committee within Oklahoma Food and
Status: in_force

Agricultural Products Research and Technology Center - Members -

Subcommittees – Compensation – Quorum - Assistance.

A. There is hereby created the “Industry Advisory Committee”

within the Oklahoma Food and Agricultural Products Research and

Technology Center located at Oklahoma State University in

Stillwater, Oklahoma. The Committee shall consist of one ex officio

nonvoting member and fifteen appointed members. The Committee shall

be advisory to the Oklahoma Food and Agricultural Products Research

and Technology Center. The Committee shall assist and advise the

Oklahoma Food and Agricultural Products Research and Technology

Center in prioritizing projects, in setting fees, and in creating

and designing joint ventures for the development and advancement of

the production, processing, handling, and marketing of agricultural

commodities, so the Center may meet the needs of the state's value-

added processing entities.

B. The Committee shall consist of sixteen (16) members as

follows:

1. The Dean of the Division of Agricultural Sciences and

Natural Resources of Oklahoma State University shall serve as an ex

officio nonvoting member;

2. The Governor shall appoint four members to serve three-year

terms, two of whom shall be nationally based food processors, one of

whom shall be a member of the “Made in Oklahoma” organization, and

one of whom shall represent a state, county, or city economic

development agency. Of the members initially appointed, two shall

serve a one-year term, one shall serve a two-year term, and one

shall serve a three-year term;

3. The President Pro Tempore of the Senate shall appoint four

members to serve three-year terms, one of whom shall be involved in

food transportation, one of whom shall be involved in textiles, one

of whom shall be involved in industrial or pharmaceutical products,

and one of whom shall be an Oklahoma-based food processor. Of the

members initially appointed, one shall serve a one-year term, two

shall serve a two-year term, and one shall serve a three-year term;

Oklahoma Statutes - Title 2. Agriculture Page 189

4. The Speaker of the House of Representatives shall appoint

four members to serve three-year terms, one of whom shall be

involved in food marketing, one of whom shall be involved in food

distribution, one of whom shall be involved in industrial or

pharmaceutical products, and one of whom shall be an Oklahoma-based

food processor. Of the members initially appointed, one shall serve

a one-year term, one shall serve a two-year term, and two shall

serve a three-year term; and

5. The Dean of the Division of Agricultural Sciences and

Natural Resources of Oklahoma State University shall appoint three

members to serve three-year terms, one of whom shall be an Oklahoma-

based food processor, and two of whom shall be involved in

production agriculture. Of the members initially appointed, one

shall serve a one-year term, one shall serve a two-year term, and

one shall serve a three-year term.

C. Any vacancies in the appointed membership of the Industry

Advisory Committee shall be filled in the same manner as the

original appointment.

D. The Committee shall elect from among its members a chair,

vice-chair, and any other officers that the Committee determines

necessary.

E. The Committee shall meet at least biannually.

F. The Committee may appoint subcommittees as necessary to

carry out its duties pursuant to this section.

G. Members of the Committee shall not receive a salary for

duties performed by the Committee. Members of the Committee shall

be reimbursed for necessary travel expenses incurred in the

performance of their official duties in accordance with the State

Travel Reimbursement Act. The Oklahoma Food and Agricultural

Products Research and Technology Center shall be responsible for

paying travel expenses.

H. A majority of the members shall constitute a quorum.

I. The Oklahoma Food and Agricultural Products Research and

Technology Center shall provide staff assistance for the Committee.
Okla. Stat. tit. 2, § 2-8-80.5 — OK Code / Title 2 / Section 2-8-80.5
Compliance with act - Toxic materials prohibited -
Status: in_force

Administrative penalty.

A. No agricultural liming material shall be sold or offered for

sale in this state unless it complies with provisions of the

Oklahoma Agricultural Liming Materials Act or rules promulgated

thereto.

B. No agricultural liming material shall be sold or offered for

sale in this state that contains toxic materials in quantities

injurious to plants or animals.

C. If an analysis shows that a commercial agricultural liming

material falls below the guaranteed analysis, the State Board of

Agriculture may require the payment of an administrative penalty to

the consumer in the amount of the current value of the deficiency.

All administrative penalties assessed pursuant to this section shall

be paid to the consumer represented by the sample analyzed within

thirty (30) days after the date of notice from the Board to the

guarantor, with receipts taken and promptly forwarded to the Board.

If the consumers cannot be found, the amount of the penalty shall be

forwarded to the Board and be deposited in the State Department of

Agriculture Revolving Fund.
Okla. Stat. tit. 2, § 2-6-290.1 — OK Code / Title 2 / Section 2-6-290.1
Short title
Status: in_force

Sections 2 through 13 of this act shall be known and may be

cited as the "Exotic Livestock and Exotic Livestock Products

Inspection Act".
Okla. Stat. tit. 2, § 2-18-313 — OK Code / Title 2 / Section 2-18-313
Refunds
Status: in_force

A. Any wheat producer subject to the assessment provided in the

Oklahoma Wheat Resources Act may request a refund of the fees so

assessed within sixty (60) days following the collection of the fee.

Any wheat producer requesting a refund shall make application to the

Oklahoma Wheat Commission for the refund of the assessment. Along

with the application, the wheat producer shall submit the evidence

of payment of the fee and of the amount of wheat 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, § 2-4-13 — OK Code / Title 2 / Section 2-4-13
"Dog Iron" brand
Status: reserved

The brand known as the "Dog Iron" brand, as shown and listed on

page 107 at line 23 of the 1950 Oklahoma Brand Book, and which brand

was used during his lifetime by the late Will Rogers of Oologah and

Claremore, Oklahoma, shall be reserved to the State of Oklahoma for

historical purposes. It shall be unlawful for any person to use the

brand for the branding or marketing of animals, provided that the

statewide livestock organization may register the brand in the name

of any blood relative or descendant of Will Rogers, so the brand may

be perpetuated and preserved for historical purposes and in honor of

the memory of Will Rogers.
Okla. Stat. tit. 2, § 2-18-246 — OK Code / Title 2 / Section 2-18-246
Report and remittance of fees
Status: in_force

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

along with remittance of the fees collected pursuant to the Oklahoma

Sorghum Resources Act on the fifteenth of each calendar quarter.

The report shall include the total amount of fees assessed by the

first purchaser, the total amount of sorghum purchased and other

information as may be required by the Oklahoma Sorghum Commission.

B. If the first purchaser fails to make a report and remittance

as required by the Oklahoma Sorghum Resources Act, the Commission

shall determine the amount collected and owed by the first

purchaser, which shall be prima facie correct. Any first purchaser

having failed to make the report as required by the Oklahoma Sorghum

Resources Act shall, within ten (10) days after notice of the

computed collection amount established by the Commission is mailed

to the first purchaser, pay the computed collection amount, together

Oklahoma Statutes - Title 2. Agriculture Page 656

with a penalty of five percent (5%) of the computed collection

amount. The first purchaser may dispute the computed collection

amount established by the Commission and request the Commission to

hold a hearing to redetermine the amount of the computed collection

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

Commission enters its order determining the amount of payment. The

payment of the determined collection amount and penalty shall be

paid within ten (10) days of notice of the decision.

C. At any time the Oklahoma Department of Agriculture, Food,

and Forestry may request an audit of the first purchaser to

determine whether the collection and proper disposition of the

collected assessment were made pursuant to the provisions of the

Oklahoma Sorghum Resources Act.

D. The first purchaser shall retain any records or reports

relating to the collection of the assessment for at least three (3)

years.
Okla. Stat. tit. 2, § 2-5-60.17 — OK Code / Title 2 / Section 2-5-60.17
Expenses - Reimbursement
Status: in_force

The certified organization is responsible for all expenses

incurred in connection with the referendum and election, but it may

be reimbursed for actual and necessary expenses out of funds

deposited in the treasury of the commodity producers board if the

assessment is levied and collected.
Okla. Stat. tit. 2, § 2-7-412 — OK Code / Title 2 / Section 2-7-412
Herds - Diseased animals
Status: in_force

A. All milk for pasteurization and for Grade A raw distribution

shall be from herds located in a Modified Accredited Tuberculosis

Area as determined by the U.S. Department of Agriculture; provided,

that herds located in an area that fails to maintain accredited

status shall have been certified by the United States Department of

Agriculture as tuberculosis-free, or shall have an annual negative

tuberculosis test.

B. All milk for pasteurization and for Grade A raw distribution

shall be from herds participating in Brucellosis Milk Surveillance

program for brucellosis eradication which is conducted on a

continuing basis at intervals of not less than every three (3)

months or more than every six (6) months. Individual blood tests may

be required on all animals in herds showing positive reactions to

the Brucellosis Milk Surveillance test.

C. For diseases other than brucellosis and tuberculosis, the

Commissioner shall require physical, chemical, or bacteriological

tests as necessary. The diagnosis of other diseases in dairy cattle

Oklahoma Statutes - Title 2. Agriculture Page 381

shall be based upon the findings of a licensed veterinarian or a

veterinarian in the employ of an official agency.

D. Any diseased animal disclosed by the test shall be disposed

of as the State Veterinarian directs.
Okla. Stat. tit. 2, § 2-1301-111 — OK Code / Title 2 / Section 2-1301-111
Renumbered as Section 16-12 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-2-21 — OK Code / Title 2 / Section 2-2-21
Renumbered as § 14-83 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-15-54 — OK Code / Title 2 / Section 2-15-54
Members - Qualifications - Election at public meetings -
Status: in_force

Notices - Appointment on failure to hold public meeting - Term.

A. The county fair association in each county, organized

pursuant to Section 15-51 of this title, shall consist of two

members in each municipal township, in each county, who are resident

qualified voters in the county and who have been elected at public

meetings or appointed by the county commissioners as provided

pursuant to this section.

B. The county farm agent of any county may, or if there is no

such agent, upon petition of fifty resident citizens of the county,

the county commissioners shall, within thirty (30) days after the

filing of the petition, call a public meeting in each municipal

township, in each such county, for the purpose of electing the two

members of the county fair association.

C. The call for the public meeting shall be made by posting

notices in at least three public places in the township or by both

posting notices and publication in a newspaper of general

circulation in the county. The notices and publications shall state

the purpose of the meeting, the time and place of holding the

Oklahoma Statutes - Title 2. Agriculture Page 545

meeting. The notices and publication must be made one (1) week

before date of the meeting.

D. A chairman and a secretary shall be chosen at each of the

various township meetings for the purpose of conducting the public

meetings and who shall certify to the county commissioners the names

of the two elected members of the county fair association. The

certificate shall be made to the county commissioners not later than

June first of the fiscal year in which the township public meetings

are held. If any township or townships in any county fail to hold a

public meeting for the election of members of the county fair

association, the county commissioners of such county shall appoint

two members in each of the townships, who shall have the same power

and authority as the elected members.

E. Township public meetings for the election of members of the

county fair association may be called at any time prior to June

first in any fiscal year. The members so elected shall hold their

office for a period of two (2) years and until their successors are

elected or appointed.
Okla. Stat. tit. 2, § 2-8-80.3 — OK Code / Title 2 / Section 2-8-80.3
Distribution, labeling and sale of liming materials -
Status: in_force

Regulations.

A. Agricultural liming materials sold, offered, or exposed for

sale in the state shall have affixed in a conspicuous manner on the

outside of each package a plainly printed, stamped or marked label,

Oklahoma Statutes - Title 2. Agriculture Page 417

tag, or statement, or in the case of bulk sales, a delivery slip or

invoice, setting forth the following information:

1. The name and principal office address of the manufacturer or

distributor;

2. The brand or trade name of the material;

3. The identification of the product as to the type of the

agricultural liming material;

4. The net weight of the agricultural liming material; and

5. The minimum percentage of Effective Calcium Carbonate

Equivalent (ECCE) guaranteed.

B. No information or statement shall appear on any package,

label, delivery slip, or advertising that is false or misleading to

the purchaser as to the quality, analysis, type, or composition of

the agricultural liming material.

C. In the case of any adulterated material subsequent to

packaging, labeling, or loading and before delivery to the consumer,

a plainly marked notice shall be affixed by the vendor to the

package or delivery slip to identify the kind and degree of

adulteration.

D. At every site from which agricultural liming materials are

delivered in bulk and at every place where consumer orders for bulk

deliveries are placed, there shall be conspicuously posted a copy of

the statement required by this section for each brand of material.

E. Each separately identified product or each effective calcium

carbonate equivalent shall be registered before being distributed in

this state. The application for registration shall be submitted to

the Board on forms furnished. Upon approval, a copy of the

registration shall be furnished to the applicant. The registration

shall contain the labeling information required in subsection A of

this section. Registrations shall be permanent unless canceled by

the registrant or by the Board.

F. A distributor shall not be required to register any brand of

agricultural liming material that is already registered pursuant to

the Oklahoma Agricultural Liming Materials Act by another person,

providing the label does not differ in any respect.
Okla. Stat. tit. 2, § 2-9-24 — OK Code / Title 2 / Section 2-9-24
Suspension, revocation or surrender of charter, license or bond - Indemnity Fund lien -
Status: in_force

Venue - Notice - Renewal of charter - Seizure of commodities - Identification and date of loss -bond - Indemnity Fund lien - Venue - Notice - Renewal of charter -

Seizure of commodities - Identification and date of loss - Claim of

loss.

A. 1. Upon the suspension, revocation, or voluntary surrender

of the state charter, federal license, or bond of a warehouseman or

public warehouse, a statutory lien shall be and hereby is imposed on

all assets of the warehouseman or public warehouse in favor of the

Oklahoma Commodity Storage Indemnity Fund on behalf of all

depositors who are eligible to file a claim pursuant to subsection I

of this section.

2. The lien and payment rights of all depositors are hereby

assigned to the Indemnity for purposes of implementing this section.

3. To perfect the lien, the Oklahoma Department of Agriculture,

Food, and Forestry, on behalf of the Indemnity, shall file a lien

statement with the Oklahoma County Clerk.

4. The lien shall become effective and deemed fully perfected

immediately upon filing of the lien statement.

a. The initial lien amount shall be based on a reasonable

estimate of the amounts paid by the Department and the

Indemnity and other costs and expenses described in

this section.

b. The lien statement shall be filed only on or after the

date of the suspension, revocation, or voluntary

surrender of the state charter, federal license, or

bond of the subject warehouseman or public warehouse

but not later than sixty (60) days after the

incurrence of the triggering event.

c. The lien statement shall disclose the name of the

warehouseman or public warehouse, the address of the

party’s principal place of business, a description of

any known and identifiable warehouseman or warehouse

assets or a statement that none are known at such

time, and the amount of the lien.

5. The amount of the lien shall be the aggregate of:

a. the amount of the incurred by the Department and the

Indemnity for the conduct of salvage operations of the

warehouseman or public warehouse,

b. all amounts paid by the Department and the Indemnity

to depositors of the warehouseman or public warehouse

from the Oklahoma Commodity Storage Indemnity Fund,

including but not limited to the final cost of

Oklahoma Statutes - Title 2. Agriculture Page 433

reimbursing the depositors and the Indemnity for the

payment of claims made against the fund,

c. associated costs and expenses, if any, and

d. accrued interest at the rate of ten percent (10%) per

annum.

6. The Department, on behalf of the Indemnity, shall file a

corrected lien statement to revise the estimated amount of the lien

not later than one hundred eighty (180) days following the

incurrence date; however, the failure to file a corrected lien

statement shall not affect the validity or the amount of the subject

lien.

7. The District Court of Oklahoma County, upon petition by one

or more producers, may undertake an action to correct the lien

amount. The Department, on behalf of the Indemnity, shall have the

burden of proving by a preponderance of the evidence that any

estimated lien amount is an accurate estimate.

8. A lien statement filed under this section shall be a

security interest perfected under the uniform commercial code in

effect in Oklahoma and subject to the same priority as provided in

Section 1-9-322 of Title 12A of the Oklahoma Statutes except that

the subject lien statement shall have priority over any levies or

liens for taxes regardless of the time when the subject lien

statement or any such tax levies or lien arises.

9. The lien statement may be collected in any manner allowed by

law including levy upon all property of the warehouseman or public

warehouse in the same manner as the levy of an execution.

10. The Department, on behalf of the Indemnity, shall upon

written demand of the warehouseman or public warehouse file a

termination statement with the Oklahoma County Clerk, if the license

of the warehouseman is not revoked, suspended, surrendered,

terminated, or canceled after one hundred eighty (180) days from the

date the lien statement is perfected.

a. upon filing of the termination statement, the lien

becomes unperfected.

b. the Department, on behalf of the Indemnity, shall

deliver a copy of the termination statement to the

warehouseman or public warehouse.

B. The District Court of Oklahoma County shall be the sole

venue for questions of jurisdiction or venue in all civil actions

challenging the acts of the Department in the administration of the

Public Warehouse and Commodity Indemnity Act.

C. The Department shall publish notice for two (2) consecutive

weeks in a newspaper of general circulation in the area of the

public warehouse when the warehouse charter is suspended or revoked.

D. When the charter of a warehouseman is renewed after

suspension or revocation, the Department shall publish notice for

two (2) consecutive weeks in a newspaper of general circulation in

Oklahoma Statutes - Title 2. Agriculture Page 434

the area of the public warehouse that the warehouse is in compliance

with the Public Warehouse and Commodity Indemnity Act.

E. Upon the suspension, revocation, or voluntary surrender of

the charter, the Department may seize all commodities under the

control of the warehouseman or public warehouse, including

commodities stored or forwarded to other locations. The Department,

upon suspension, revocation, or surrender of the charter, shall

seize all commodity stocks of the warehouseman or public warehouse

including any commodities stored or forwarded to other locations and

sell the commodities. Funds generated by the sale of seized

commodities shall be distributed in the following manner:

1. The Department shall receive an amount equal to the cost of

salvage operations;

2. All remaining funds shall be proportioned among all

depositors storing commodities with the warehouseman. No person

shall receive payment of funds greater than the fair market value of

the commodity lost by the depositors on the date of seizure;

3. Funds generated in excess of the payments required by the

Public Warehouse and Commodity Indemnity Act shall be deposited in

the Indemnity; and

4. The persons responsible for violations of the Public

Warehouse and Commodity Indemnity Act resulting in a charter

suspension, revocation, or surrender, or commodity seizure shall not

be eligible to claim or recover proceeds from the sale or interest

accrued on the proceeds from the sale of seized commodities unless

approved by the State Board of Agriculture.

F. A person storing commodities with a warehouseman not holding

a valid charter or federal license is not eligible to file a claim

or recover damages under the Public Warehouse and Commodity

Indemnity Act.

G. 1. Upon suspension, revocation, or surrender of the

warehouse charter, the Department shall identify any loss to the

depositors and obtain proof. The Department shall immediately

notify any bonding company providing a bond for a loss. As soon as

practicable, the Department shall communicate the amount of the

loss, proof, and the date of loss and seizure to the bonding

company. The bonding company shall within thirty (30) calendar days

remit to the Department the amount of the loss or the face amount of

the bond, whichever is less.

2. Failure by the bonding company to surrender the funds shall

result in a nonrefundable penalty assessment payable to the

Department of one percent (1%) per month plus interest of one

percent (1%) per month of the face amount of the bond commencing

with the date of loss and continuing until the surety funds are

surrendered. The Department shall account for all the surety

received until all depositor claims against the charter holder are

paid as provided in the Public Warehouse and Commodity Indemnity

Oklahoma Statutes - Title 2. Agriculture Page 435

Act. When all claims have been paid, all unexpended bond surety

funds including accrued interest, except penalties, shall be

returned to the bonding company.

3. The provisions of this section shall not prohibit the

Department from pursuing any other remedy provided by law.

H. The Department shall establish a date of loss which shall be

the same as the date of seizure for all claims of loss against a

warehouseman. The Department shall publish the date of loss as set

forth in subsection C of this section and shall notify by registered

mail all depositors who may have a claim against a warehouseman of

the date of loss and deadline for filing claims.

I. To be eligible to file a claim of loss and receive payment

as provided in the Public Warehouse and Commodity Indemnity Act, a

person shall establish ownership or title to commodities stored or

warehoused with the warehouseman or public warehouse against whom

the loss is alleged. Evidence of ownership or title shall include

uncanceled warehouse receipts or scale tickets. The Department

shall determine the sufficiency of evidence of ownership or title.

J. Depositors shall, within sixty (60) days of the order of the

Department establishing the date of loss, file a written claim of

loss with the Department. Depositors may submit a written request

to the Board for a sixty-day extension of the filing period, if the

depositors can show they were not provided notification and

reasonable time to file the claim. If the claim of loss is not

filed within the allotted time, the depositor shall forfeit all

rights to remuneration or payment.
Okla. Stat. tit. 2, § 2-14-3 — OK Code / Title 2 / Section 2-14-3
State standards
Status: in_force

The weights, measures, and testing devices received from the

United States pursuant to Joint Resolutions of Congress approved

June 14, 1836, and July 27, 1866, now in the care and custody of the

State Bureau of Standards, and the weights and measures in

conformity with the Resolutions, when certified by a qualified

laboratory, shall be the state standards of weights and measures.

Copies of the state standards of weights and measures and other

weights, measures, and apparatus shall be supplied by this state to

implement the provisions of this article.