Okla. Stat. tit. 2, § 2-18-183 — OK Code / Title 2 / Section 2-18-183
Membership of Commission
Status: in_force

The Sheep and Wool Utilization, Research and Market Development

Commission shall consist of seven (7) elected members who are at

least twenty-five (25) years of age and residents of Oklahoma, and

have been actually engaged in producing sheep or wool in this state

for a period of at least three (3) years. The Commission shall be

composed as follows:

1. One member of the Commission shall be a resident of this

state and elected at large;

2. Two members of the Commission shall be residents of this

state and producers of the major purebred breeds of sheep in this

state and shall be elected at large; and

3. The remaining four elected members of the Commission shall

be residents of those areas of the state designated as Districts I-

IV, one member from each district:

a. District I (Northwest), consisting of Alfalfa, Beaver,

Blaine, Cimarron, Garfield, Grant, Harper, Kay,

Kingfisher, Logan, Major, Noble, Payne, Roger Mills,

Texas, Woods, and Woodward Counties,

b. District II (Southwest), consisting of Beckham, Caddo,

Canadian, Cleveland, Comanche, Cotton, Custer, Dewey,

Ellis, Grady, Greer, Harmon, Jackson, Jefferson,

Kiowa, Oklahoma, Stephens, Tillman, and Washita

Counties,

c. District III (Southeast), consisting of Atoka, Bryan,

Carter, Choctaw, Coal, Garvin, Haskell, Hughes,

Johnston, Latimer, LeFlore, Love, McClain, McCurtain,

McIntosh, Marshall, Murray, Pittsburg, Pontotoc,

Pottawatomie, Pushmataha, and Seminole Counties, and

Oklahoma Statutes - Title 2. Agriculture Page 646

d. District IV (Northeast), consisting of Adair,

Cherokee, Craig, Creek, Delaware, Lincoln, Mayes,

Muskogee, Nowata, Okfuskee, Okmulgee, Osage, Ottawa,

Pawnee, Rogers, Sequoyah, Tulsa, Wagoner, and

Washington Counties.
Okla. Stat. tit. 2, § 2-5-60.33 — OK Code / Title 2 / Section 2-5-60.33
Violations – Injunction – Costs and attorney fees
Status: in_force

A violation of any provision of the Oklahoma Agricultural

Commodity Act is unlawful and may be enjoined by a district court of

Oklahoma Statutes - Title 2. Agriculture Page 204

competent jurisdiction. In any action brought by a board which

results in an injunction against a person and the court determines

that such person has violated any provision of the Oklahoma

Agricultural Commodity Act, the court shall award costs and attorney

fees to the board.
Okla. Stat. tit. 2, § 2-6-196 — OK Code / Title 2 / Section 2-6-196
Storing and handling - Regulations
Status: in_force

The Board may, by regulations, prescribe conditions under which

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

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

capable of use as human food, shall be stored or otherwise handled

by any person, firm, or corporation engaged in the business of

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

intrastate commerce, such articles, whenever the Board deems such

action necessary to assure that such articles will not be

adulterated or misbranded when delivered to the consumer. Violation

of any such regulation is prohibited.
Okla. Stat. tit. 2, § 2-131.17 — OK Code / Title 2 / Section 2-131.17
Renumbered as § 15-127 of this title by Laws 2001, c. 146, § 270, emerg. eff. April 30,
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 31146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-133 — OK Code / Title 2 / Section 2-6-133
Eradication and control program
Status: in_force

The State Board of Agriculture shall formulate and maintain a

program to assist in the eradication and control of any foreign

animal disease. The program shall be implemented only in the event

there is evidence that a foreign animal disease may affect any

livestock or animals of this state. The program shall be based upon

an approved plan composed of a plan or combination of plans adopted

or recommended by the State Veterinarian and the United States

Department of Agriculture, Animal and Plant Health Inspection

Service and approved by the Board.

Oklahoma Statutes - Title 2. Agriculture Page 253
Okla. Stat. tit. 2, § 2-6-280.14 — OK Code / Title 2 / Section 2-6-280.14
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 Oklahoma

Rabbit and Rabbit 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 Oklahoma

Rabbit and Rabbit 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 Oklahoma Rabbit

and Rabbit Products Inspection Act for which no other criminal

penalty is provided by the Oklahoma Rabbit and Rabbit 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, § 2-15-62 — OK Code / Title 2 / Section 2-15-62
Grounds and buildings - Cost not included in executive
Status: in_force

board's estimate - Fairs where provided free.

A. The executive board of the county fair association shall not

include in its estimate the cost of grounds and buildings for

township and county fairs.

B. The executive board may arrange for holding the fairs where

suitable grounds and buildings will be provided free.

Oklahoma Statutes - Title 2. Agriculture Page 549
Okla. Stat. tit. 2, § 2-16-66 — OK Code / Title 2 / Section 2-16-66
Use of false identification or declaration of ownership -
Status: in_force

Criminal penalties.

Any person selling timber who uses false or altered

identification or a false declaration of ownership, pursuant to the

provisions of Section 16-65 of this title, upon conviction, shall be

guilty of:

1. A Class D3 felony offense if the timber to be sold by use of

a false or altered identification or false declaration of ownership

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

Oklahoma Statutes - Title 2. Agriculture Page 612

conviction, a person shall be subject to the imposition of a fine of

not more than Ten Thousand Dollars ($10,000.00), or by imprisonment

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

21 of the Oklahoma Statutes, or both; or

2. A misdemeanor if the timber to be sold by use of a false or

altered identification or false declaration of ownership is valued

at Two Hundred Dollars ($200.00) or less. Upon conviction, a person

shall be subject to the imposition of a fine of not more than One

Thousand Dollars ($1,000.00), imprisonment in the county jail not to

exceed one (1) year, or both.
Okla. Stat. tit. 2, § 2-1706 — OK Code / Title 2 / Section 2-1706
Renumbered as § 8-85.6 of this title by Laws 2001, c. 146,
Status: in_force

§ 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-7-405 — OK Code / Title 2 / Section 2-7-405
Commissioner - Power and duty
Status: in_force

The Commissioner of Agriculture shall have the power and duty

to:

Oklahoma Statutes - Title 2. Agriculture Page 375

1. Administer and supervise the enforcement of the Oklahoma

Milk and Milk Products Act;

2. Provide for periodic inspection and investigation as

necessary to determine compliance with the Oklahoma Milk and Milk

Products Act and to record each inspection on a form approved by the

Commissioner. Every milk producer, bulk milk hauler/sampler, milk

tank truck driver, milk transportation company, milk tank truck

cleaning facility, milk processor, or milk distributor engaged in

producing, transporting, processing, or distributing milk and milk

products shall, upon request, permit access of the Commissioner to

all areas of establishment, during normal business hours, to

evaluate compliance with the provisions of the Oklahoma Milk and

Milk Products Act;

3. Secure and analyze samples of milk and milk products from

any milk producer, bulk milk hauler/sampler, milk transportation

company, milk tank truck cleaning facility, milk processor, or milk

distributor. Milk and milk products packaged for retail sale to

consumers shall not be taken without first paying or offering to pay

for the sample;

4. Prohibit the producing, processing, and sale of adulterated

milk and milk products;

5. Receive and investigate complaints;

6. Issue permits to the owner or operator of dairy farms, bulk

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

company, milk tank truck cleaning facility, milk plants, milk

distribution centers, and receiving or transfer stations to engage

in the producing, transporting, processing, or distributing of milk

and milk products upon receipt of permit applications and upon

determining that these facilities are in compliance with the

Oklahoma Milk and Milk Products Act and to modify, suspend, or

revoke such permits;

7. Maintain laboratory reports of samples collected by the

Commissioner, listings of permits issued, modified, suspended, and

revoked;

8. Require submission, timely review, and approval, of plans,

specifications, and other information relative to the construction

or alteration of milk and milk product facilities, prior to the

commencement of work;

9. Examine statements of the actual quantities of milk and milk

products purchased and sold, lists of all sources of milk and milk

products, and records of cleaning, tests, and pasteurization times

and temperatures of appropriate facilities; and

10. Examine and approve laboratories to conduct those analyses

required by the Oklahoma Milk and Milk Products Act.
Okla. Stat. tit. 2, § 2-7-24 — OK Code / Title 2 / Section 2-7-24
Exception
Status: in_force

This subarticle does not apply to transactions between a

cooperative association while acting as a marketing agent and its

members.
Okla. Stat. tit. 2, § 2-8-25 — OK Code / Title 2 / Section 2-8-25
Penalty exemptions – Provision exceptions
Status: in_force

A. No person shall be subject to the penalties of this

subarticle for having sold, offered, or exposed for sale in this

state any agricultural seed or vegetable seed which is incorrectly

labeled or represented as to kind, kind and variety, or origin which

cannot be identified by examination, unless the person failed to

obtain an invoice or grower's declaration giving kind, or kind and

variety, and origin, and to take precautions necessary or required

to insure the identity and variety of the seed.

B. The provisions of Sections 8-22 and 8-23 of this title shall

not apply:

1. To seed sold by a farmer or grower to a seed dealer or

processor, or in storage in, or consigned to, a seed cleaning or

processing establishment for cleaning or processing; provided, that

any labeling or other representation which may be made with respect

to uncleaned seed shall be subject to the provisions of this

subarticle.

2. To any carrier in respect to any seed transported or

delivered for transportation in the ordinary course of its business

as a carrier, if the carrier is not engaged in producing,

processing, or marketing agricultural or vegetable seed.
Okla. Stat. tit. 2, § 2-5-2.1 — OK Code / Title 2 / Section 2-5-2.1
Market reports
Status: in_force

The State Board of Agriculture may obtain and compile price

reports and other information on a daily or other basis for the

natural products of the farm, orchard, vineyard, garden, and apiary,

raw and manufactured, and livestock, poultry, and dairy products.

The Board may disseminate the reports and information to press

associations, radio and television stations, and all media of

communication so farmers and producers may be provided information

about the exact market conditions existing in this state and in the

several markets of the country. The Board shall cooperate with

agricultural agencies, federal and state, to devise the methods

which will best carry forward the dissemination of the reports and

information.
Okla. Stat. tit. 2, § 2-21.2 — OK Code / Title 2 / Section 2-21.2
Pack-date and expiration date - Regrading and repacking
Status: in_force

(a) A pack-date may be in a three-digit julian date or a

calendar date.

(b) If an expiration date is used on the container, the date

shall be preceded by EXP.

(c) Eggs removed from sale as a result of the expiration date on

the container may be regraded and repacked if such eggs comply with

grade standards.
Okla. Stat. tit. 2, § 2-8-85.13 — OK Code / Title 2 / Section 2-8-85.13
Renumbered as § 11-10 of this title by Laws 2002, c
Status: in_force

173, § 20, emerg. eff. May 6, 2002.
Okla. Stat. tit. 2, § 2-5-60.25 — OK Code / Title 2 / Section 2-5-60.25
Officers of board - Bond
Status: in_force

A. The commodity producers board shall elect from its members a

chair, a secretary-treasurer, and other officers that it considers

necessary.

B. The secretary-treasurer shall execute a corporate surety

bond in an amount required by the board. The bond shall be

conditioned on the secretary-treasurer faithfully accounting for all

money that comes into the custody of the officer. The bond shall be

filed with the Commissioner.

C. The board shall fill any vacancy on the board by appointment

for the unexpired term.

D. A majority vote of all members present is necessary for an

action of the board to be valid.

E. Members of the board serve without compensation but are

entitled to reimbursement from their commission for reasonable and

necessary expenses incurred in the discharge of their duties.
Okla. Stat. tit. 2, § 2-2011 — OK Code / Title 2 / Section 2-2011
Renumbered as § 11-35 of this title by Laws 2001, c. 146,
Status: in_force

§ 261, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-17-13 — OK Code / Title 2 / Section 2-17-13
Financial statements – Dividends and earnings – Interest
Status: in_force

on membership capital or stock – Surplus or reserve fund –

Undistributed balances.

A. At the time of each dividend apportionment of earnings and

at least once in every year, the directors shall cause to be

prepared a financial statement showing:

1. The financial condition of the corporation at the end of the

period to which such dividend or apportionment relates, in a form as

shall fully exhibit the assets and liabilities of the corporation;

and

2. Its earnings, purchases and sales, expenses and outlays, for

the period covered by the dividend or apportionment, in the manner

Oklahoma Statutes - Title 2. Agriculture Page 627

that a good understanding of the condition of the corporation may be

obtained from the financial statement.

The directors shall cause the financial statement to be kept on file

with the secretary, or such other officer as the directors may

designate. The financial statement may be examined by any member of

the corporation at all reasonable times.

B. The directors, subject to the revision by the members or

stockholders, at any general or special meeting lawfully called

shall apportion the net earnings from time to time at least once in

each year.

C. An association shall limit the interest it pays on

membership capital or stock to an amount not greater than eight

percent (8%) per annum. The apportionment shall not be made until

not less than ten percent (10%) of any undistributed balance

accruing since the last apportionment, has been set aside in a

surplus or reserve fund unless such surplus or reserve funds equal

at least one hundred percent (100%) of the paid up membership fees

or capital stock.

D. 1. Undistributed balances from any source, in excess of

additions to reserves and surplus, shall be distributed on the basis

of patronage, that is according to the amount or value, as the

association may decide, of the products sold to or through, and/or

purchased from or through, the association by its patrons.

2. The distribution of the balances may be restricted to

members or be made at the same rate for members and nonmembers.

3. The bylaws may provide that any distribution to a nonmember,

eligible for membership may be credited to a nonmember until the

amount equals the value of a membership certificate or a share of

the association's common stock.

4. A distribution credited to the account of a nonmember shall

revert to the reserve fund to be used for educational purposes if,

after two (2) years, the amount is less than the value of a

membership certificate or a share of common stock, or in case the

person does not accept and exercise membership privileges.
Okla. Stat. tit. 2, § 2-15-86 — OK Code / Title 2 / Section 2-15-86
Election proclamation - Contents
Status: in_force

The proclamation calling an election shall:

1. Name the amount of bonds to be issued;

2. The time said bonds shall run;

3. The maximum rate of interest said bonds shall bear; and

4. The time for holding the election.
Okla. Stat. tit. 2, § 2-3-82J — OK Code / Title 2 / Section 2-3-82J
Written complaints — Notification
Status: in_force

Upon receipt of a written complaint, the Board shall notify the

person filing the complaint in writing of its receipt and status

within two (2) working days. The person whom the complaint is filed

against shall also be notified within two (2) working days.

Notification that a complaint has been filed may also be given to

the landowner or operator when appropriate. The resolution of a

complaint is the completion of the appropriate administrative,

jurisdictional, or legal remedies to the extent possible by the

Department. The complainant shall be notified in writing within

seven (7) working days after resolution of the complaint.
Okla. Stat. tit. 2, § 2-2-27 — OK Code / Title 2 / Section 2-2-27
Department of Agriculture State Indemnity Special Fund
Status: in_force

A. The Department of Agriculture State Indemnity Special Fund

is hereby created in the State Treasury for the Oklahoma Department

of Agriculture, Food, and Forestry.

B. The fund shall consist of any monies appropriated to the

Department specifically for transfer to the fund. The fund shall be

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

be under the control and management of the administrative authority

of the Department.

C. Expenditures from the fund shall be pursuant to the laws of

this state and in accordance with rules promulgated by the State

Board of Agriculture.

D. The fund shall be for the purpose of funding state indemnity

payments to owners of livestock destroyed or disposed of pursuant to

Section 6-3 of this title and to support livestock disease

Oklahoma Statutes - Title 2. Agriculture Page 63

prevention and control programs within the designated division of

the Department.

E. All expenditures shall be approved by the State Veterinarian

and presented to the Board. Warrants for expenditures from the fund

shall be based on claims signed by an authorized employee of the

Department.
Okla. Stat. tit. 2, § 2-1-3 — OK Code / Title 2 / Section 2-1-3
Definitions
Status: in_force

For the purposes of the Oklahoma Agricultural Code, unless the

context indicates otherwise:

1. "Authorized agent" means a person who has been authorized by

the State Board of Agriculture to act on behalf of the Board in

making investigations, inspections, performing other services, or

doing any particular act or acts which have been vested by the

Oklahoma Agricultural Code in the Board. A written or printed

commission signed by the President of the Board shall be proof that

the holder has lawful authority to act on behalf of the Board in

implementing the Oklahoma Agricultural Code;

2. "Beef" means the flesh of a bovine animal;

3. "Beef product" means the edible products produced in whole

or in part from beef, excluding milk and milk products;

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

5. "Code" means the Oklahoma Agricultural Code;

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

Food, and Forestry and its employees, officers, and divisions.

Whenever the name "Department of Agriculture" appears in any law,

contract or other document, it shall be deemed to refer to the

Oklahoma Department of Agriculture, Food, and Forestry;

7. "Director" means the Director of a division established in

the Oklahoma Department of Agriculture, Food, and Forestry;

8. "License" means a written document issued by the Board

granting authority to a person to engage in a business, occupation,

or activity;

9. "Livestock" or "animals" means any cattle, bison, horses,

sheep, goats, asses, mules, swine, domesticated rabbits, and

chickens, turkeys, and other domesticated fowl, and any animal or

bird in captivity;

10. "Official identification" means any official method of

identification approved by USDA, as described by 9 C.F.R. § 86.1, or

Oklahoma Statutes - Title 2. Agriculture Page 41

the State Veterinarian. Official identification for specific

species may be further defined within the applicable section of the

Oklahoma Administrative Code. Backtags shall not be considered

official identification unless the animal is shipped directly to

slaughter. The term "official ear tag" is synonymous with "official

identification";

11. "Permit" means a written document issued by the Board

giving consent for a person to engage in an activity;

12. "Person" means the state, any municipality, political

subdivision, institution, individual, public or private corporation,

partnership, association, firm, company, public trust, joint-stock

company, trust, estate, state or federal agency, other governmental

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

representative, assignee or successor thereof;

13. "Pork" means the flesh of a porcine animal;

14. "Pork products" means a product or byproduct produced in

whole or in part from pork;

15. "President" means the President of the State Board of

Agriculture. The President of the State Board of Agriculture shall

also be designated as the Commissioner of Agriculture;

16. "Producer" means any person planting, raising, growing, or

harvesting agricultural products;

17. "Quarantine" means a written document issued by the Board

to restrict the movement of animals, birds, plants, or agricultural

commodities into or out of a specified area for the control or

prevention of diseases or pests; and

18. "Stop sale order" or "stop use order" means a written or

printed order signed by the President or authorized agent of the

Board, prohibiting the sale, offering for sale, exposure for sale,

or use of any agricultural product, article, device, service, or

commodity covered by the Oklahoma Agricultural Code.
Okla. Stat. tit. 2, § 2-15-162 — OK Code / Title 2 / Section 2-15-162
Contracts secured by bond - Approval of form - Suit on
Status: in_force

bond.

A. The bond required by Section 15-161 of this title shall be

security, not only for the performance of the initial contract

signed by any such carnival company or the operator of any such

show, but it also shall insure performers of all other contracts

made in this state with any agricultural society or county fair

during the period such bond is in force.

B. The bond shall be in form approved by the Attorney General

of Oklahoma.

C. Any county agricultural society or county fair may bring

suit upon such bond in the county where such contract was to have

been performed to recover any damages sustained by reason of breach

of contract or failure to carry out the terms thereof.
Okla. Stat. tit. 2, § 2-131.2 — OK Code / Title 2 / Section 2-131.2
Renumbered as § 15-112 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-607 — OK Code / Title 2 / Section 2-6-607
Rules
Status: in_force

A. The State Board of Agriculture is authorized to promulgate

rules necessary, expedient, or appropriate for the performance,

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

provisions of the Feral Swine Control Act.

B. Rules shall be promulgated pursuant to the Administrative

Procedures Act.
Okla. Stat. tit. 2, § 2-1301-101 — OK Code / Title 2 / Section 2-1301-101
Renumbered as Section 16-1 of this title by Laws 2001,
Status: in_force

c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-39 — OK Code / Title 2 / Section 2-39
Renumbered as § 15-9 of this title by Laws 2001, c. 146, §
Status: in_force

267, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-18-307 — OK Code / Title 2 / Section 2-18-307
Public policy
Status: in_force

It is hereby declared to be the public policy of the State of

Oklahoma to protect and foster the health, prosperity, and general

welfare of its people by protecting and stabilizing the wheat

industry and the economy of the areas producing wheat.
Okla. Stat. tit. 2, § 2-5-14 — OK Code / Title 2 / Section 2-5-14
Short title – Oklahoma Agritourism Activities Liability
Status: in_force

Limitations Act.

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

Agritourism Activities Liability Limitations Act".
Okla. Stat. tit. 2, § 2-15-7 — OK Code / Title 2 / Section 2-15-7
Special election - Petition - Question to be submitted
Status: in_force

The county commissioners when petitioned to do so by thirty

percent (30%) of the resident taxpayers of their county shall call a

special election of the resident taxpayers for purposes of this

section. The commissioners shall submit the question to the

resident taxpayers "Shall the county commissioners appropriate any

sum of money, not to exceed one-half of one mill on the total

assessed valuation of their counties for each current year, for

premiums on agricultural and horticultural products and on purebred

livestock and poultry?"
Okla. Stat. tit. 2, § 2-5-17 — OK Code / Title 2 / Section 2-5-17
Notice of warning
Status: in_force

A. Every agritourism professional shall post and maintain signs

that contain the warning notice specified in subsection B of this

section. The sign shall be placed in a clearly visible location at

the entrance to the agritourism location and at the site of the

agritourism activity. The warning notice shall consist of a sign in

black letters, with each letter to be a minimum of one (1) inch in

height. Every written contract entered into by an agritourism

professional for the providing of professional services,

instruction, or the rental of equipment to a participant, whether or

not the contract involves agritourism activities on or off the

location or at the site of the agritourism activity, shall contain

Oklahoma Statutes - Title 2. Agriculture Page 185

in clearly readable print the warning notice specified in subsection

B of this section.

B. The signs and contracts described in subsection A of this

section must contain the following notice of warning:

"WARNING

Under Oklahoma law, there is no liability for an injury to or

death of a participant in an agritourism activity conducted at this

agritourism location if such injury or death results from the

inherent risks of the agritourism activity. Inherent risks of

agritourism activities include, among others, risks of injury

inherent to land, equipment, and animals, as well as the potential

for you to act in a negligent manner that may contribute to your

injury or death. You are assuming the risk of participating in this

agritourism activity."

C. Failure to comply with the requirements concerning warning

signs and notices provided in this section shall prevent an

agritourism professional from invoking the privileges of immunity

provided by the Oklahoma Agritourism Activities Liability

Limitations Act.
Okla. Stat. tit. 2, § 2-5-60.30 — OK Code / Title 2 / Section 2-5-60.30
Refund
Status: in_force

A. A producer who has paid an assessment may obtain a refund of

the amount paid by filing an application for refund with the

certified organization within sixty (60) days after the date of

payment. The application shall be in writing, on a form prescribed

by the board for that purpose, and accompanied by proof of payment

of the assessment.

B. The certified organization shall pay the refund to the

producer before the eleventh day of the month following the month in

which the application for refund and proof of payment are received.

C. A successor organization shall follow the refund

requirements established in the statutory provisions for the

particular commodity represented by the successor organization, if

applicable.
Okla. Stat. tit. 2, § 2-5-63.5 — OK Code / Title 2 / Section 2-5-63.5
Statewide basis - Eligible voters
Status: in_force

A. Subject to the approval of the Commissioner of the Oklahoma

Department of Agriculture, Food, and Forestry, the designated

nonprofit commodity organization shall conduct the referendum on a

statewide basis.

B. A producer of the agricultural commodity is eligible to vote

in the election and referendum if the producer would be required

under the referendum to pay the state assessment.
Okla. Stat. tit. 2, § 2-8-77.15 — OK Code / Title 2 / Section 2-8-77.15
Storage, use and application - Environmental
Status: in_force

jurisdiction.

A. No person owning or operating a fertilizer storage facility

or a commercial fertilizer facility shall discharge or release or

place or cause to be placed any fertilizer material in a location

where it is likely to cause contamination of any surface water or

groundwater of this state. The provisions of this subsection shall

not prohibit or restrict the land application of fertilizer for

agriculture purposes or plant growth.

B. Preventive measures designed to minimize the possibility of

fertilizer substances being introduced into waters of the state

shall be subject to State Board of Agriculture jurisdiction

including regulatory response.

C. 1. The Department of Environmental Quality shall have

environmental jurisdiction over:

a. commercial manufacturers of fertilizers, grain and

feed products, and chemicals, and over manufacturing

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

wood, textile mill and other agricultural products,

b. slaughterhouses, but not including feedlots at these

facilities, and

c. aquaculture and fish hatcheries,

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

water to waters of the state, surface impoundments and land

application of wastes and sludge, and other pollution originating at

these facilities.

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

agricultural chemicals that are required by federal National

Pollutant Discharge Elimination System (NPDES) regulations to obtain

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

jurisdiction of the Department of Environmental Quality with respect

to such storm water discharges.

D. Bulk fertilizers shall be stored in a manner that minimizes

the release of fertilizers and protects the environment. Fertilizer

use and application may be established in rules to protect the

environment.
Okla. Stat. tit. 2, § 2-20-49 — OK Code / Title 2 / Section 2-20-49
Renumbered as § 20-23 of this title by Laws 2005, c. 292,
Status: in_force

§ 25, eff. July 1, 2005.

Oklahoma Statutes - Title 2. Agriculture Page 732
Okla. Stat. tit. 2, § 2-5-3.2 — OK Code / Title 2 / Section 2-5-3.2
Purpose and categories of Oklahoma Agriculture
Status: in_force

Enhancement and Diversification Program.

A. The State Board of Agriculture is hereby authorized to

establish and administer the Oklahoma Agriculture Enhancement and

Diversification Program.

B. The purpose of the Oklahoma Agriculture Enhancement and

Diversification Program is to promote and encourage the interests of

agriculture through the allocation of funds, by grant or loan, to

individuals, cooperatives and other agricultural entities to:

1. Develop new or expanded uses of agricultural products;

Oklahoma Statutes - Title 2. Agriculture Page 169

2. Develop new or expanded benefits of agricultural events;

3. Increase agricultural productivity;

4. Provide added value to agricultural products or events;

5. Benefit the agricultural producer; and

6. Benefit the agricultural interests of this state.

C. The Program shall consist of the following categories:

1. Value-added agriculture grants and loans for entities or

individuals to develop or establish production, processing or

marketing of agricultural products. The purpose of this category is

to provide funding for promoting productivity, providing added value

to agricultural products, stimulating and fostering agricultural

diversification and encouraging processing innovations;

2. Farm diversification grants or loans for projects dealing

with the diversification of family farms or ranches to

nontraditional crops, livestock, agritourism, or on-farm, value-

added processing of agricultural commodities;

3. Product development and research grants and loans for

agricultural business creation or expansion, or research which will

likely lead to a marketable agricultural product through the

focusing of research efforts on uses and processing of Oklahoma

agricultural products and by-products, including but not limited to:

a. focused research which enhances the value of an

agricultural product or by-product,

b. feasibility studies, and

c. product development and test-marketing costs;

4. Agricultural event or events that benefit and further the

public interest in agriculture; and

5. Veteran or young farmer grants or loans for veterans and

young farmers that are engaged or will be engaged in expansion or

creation of an agricultural business.

D. The State Board of Agriculture shall promulgate rules

governing the Oklahoma Agriculture Enhancement and Diversification

Program.
Okla. Stat. tit. 2, § 2-16-28.1 — OK Code / Title 2 / Section 2-16-28.1
Procedures to lawfully burn land - Civil and criminal
Status: in_force

liability.

A. It is unlawful for any person either willfully or carelessly

to burn, cause to be burned, to set fire to, or cause fire to be set

to any forest, grass, croplands, rangeland, or other wild lands, by

an owner of such property, except under the following circumstances:

1. In protection areas, notification to burn shall be made by

the owner to the local office or local representative of the

Forestry Division at least four (4) hours in advance and verbal or

written approval obtained. In addition to the notification

requirements of this paragraph, any owner conducting a limited

liability burn in a protected area shall comply with the provisions

of Section 16-28.2 of Title 2 of the Oklahoma Statutes; or

2. Outside protection areas, in order for prescribed or

controlled burning to be lawful, an owner shall take reasonable

precaution against the spreading of fire to other lands by providing

adequate firelines, manpower, and fire fighting equipment for the

control of the fire, shall watch over the fire until it is

extinguished and shall not permit fire to escape to adjoining land.

B. Nothing in this section shall relieve the person from the

obligation to confine the fire to the owner's, agent's, or tenant's

land.

C. The Oklahoma Forestry Code shall not apply to trimming or

cutting of trees by public or private utilities for the purpose of

eliminating interference with utility lines, poles, or other utility

equipment.

D. 1. Except as otherwise provided by Section 16-28.2 of this

title, any person:

a. who, whether by accident, neglect or intent, causes or

allows damage or injury to occur to any ranch,

buildings, improvements, hay, grass, crops, fencings,

timber, marsh, or other property of another person by

any fire described and conducted pursuant to this

section, shall be civilly responsible for such damage

or injury so caused pursuant to Section 16-30 of Title

2 of the Oklahoma Statutes, and

Oklahoma Statutes - Title 2. Agriculture Page 592

b. who carelessly violates this section is guilty of a

misdemeanor punishable by a fine of not more than Five

Hundred Dollars ($500.00), by imprisonment for not

more than one (1) year, or both.

2. In addition to civil liability, any person who willfully

violates this section is guilty of a Class D1 felony offense

punishable by a fine of not more than One Thousand Dollars

($1,000.00), by imprisonment as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes, or by

both.

E. Fire set under the provisions of this section shall not be

allowed to spread beyond the control of the person setting the fire

and shall be subdued and extinguished.
Okla. Stat. tit. 2, § 2-2-7 — OK Code / Title 2 / Section 2-2-7
Records and files as evidence – Enforcement of penalties
Status: in_force

and fines.

A. The records, files, and books of the State Board of

Agriculture shall be receivable as evidence. The rules and orders

of the Board, when published, shall be public notice and shall have

the force and effect of law and be judicially noticed and

considered. When orders of the Board consist of local rules or

orders of quarantine, the order may be provable in the same manner

as a return of service.

B. Administrative penalties, civil penalties, and other fines

imposed pursuant to the provisions of the Oklahoma Agricultural Code

shall be enforced in the same manner in which civil judgments may be

enforced. For purposes of enforcement final orders shall be

recorded in the office of the clerk of the district court of

Oklahoma County and, upon such recording and application therefor,

all appropriate writs and process shall be issued and shall be

enforced by the court.
Okla. Stat. tit. 2, § 2-1-2 — OK Code / Title 2 / Section 2-1-2
State Department of Agriculture - Establishment -
Status: in_force

Composition.

The State Department of Agriculture shall consist of the State

Board of Agriculture, the divisions, and other positions and offices

as established by law and by the Board.
Okla. Stat. tit. 2, § 2-16-7 — OK Code / Title 2 / Section 2-16-7
Director of Forestry - Qualifications - Employment of
Status: in_force

personnel.

The administrative head of the Forestry Division shall be the

Director of Forestry, who shall be a professional forester and be

qualified as required by the State Board of Agriculture. Other

professional, technical, and practical personnel necessary to

discharge the responsibilities of the Forestry Division shall be

employed by the Director of Forestry, subject to the approval of the

Board.
Okla. Stat. tit. 2, § 2-9-37 — OK Code / Title 2 / Section 2-9-37
Unlawful acts - Deposit of encumbered commodities without
Status: in_force

notice to warehouse - Procurement of receipts by false statement of

material fact - Penalties.

Any person who deposits or attempts to deposit in a public

warehouse any commodities upon which a lien or mortgage exists,

without notifying the manager of the public warehouse, and any

person who, in order to procure any warehouse receipt, knowingly

makes any false statement of material fact shall, upon conviction,

be guilty of a Class D3 felony offense. The fine for a violation of

this section shall not be more than Ten Thousand Dollars

($10,000.00), or by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes, or by

both such fine and imprisonment.
Okla. Stat. tit. 2, § 2-5-63.1 — OK Code / Title 2 / Section 2-5-63.1
Short title - Commodity Research Enhancement Act
Status: in_force

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

Research Enhancement Act".
Okla. Stat. tit. 2, § 2-103 — OK Code / Title 2 / Section 2-103
Renumbered as § 15-64 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1754 — OK Code / Title 2 / Section 2-1754
Renumbered as § 9-147 of this title by Laws 2001, c. 146, § 256, emerg. eff. April 30, 2001. ... 768
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 38§ 256, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-26 — OK Code / Title 2 / Section 2-15-26
Special election - Call - Petition - Contents
Status: in_force

The special election mentioned in Section 15-25 of this title

shall be called by the county commissioners of each of the said

counties when requested to do so upon a petition signed by thirty

percent (30%) of the resident taxpayers of said counties, and said

Oklahoma Statutes - Title 2. Agriculture Page 542

petition shall designate the time and place of holding said free

district fair.
Okla. Stat. tit. 2, § 2-15-56 — OK Code / Title 2 / Section 2-15-56
Special meetings - Notices of regular and special
Status: in_force

meetings.

Special meetings may be called at any time by the president or

secretary of the county fair association or upon written request of

one-fourth (1/4) of the members of the association. Notices of

regular and special meetings shall be given by mail at least three

(3) days prior to such meetings.
Okla. Stat. tit. 2, § 2-1301-205 — OK Code / Title 2 / Section 2-1301-205
Renumbered as Section 16-25 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-7-23 — OK Code / Title 2 / Section 2-7-23
Conditions of purchase of raw milk
Status: in_force

A milk processor may not purchase raw milk from a dairy farmer

unless:

1. Payment of the purchase price is made according to the

provisions prescribed by an applicable federal milk marketing order;

2. Any additional provisions are agreed on by both the dairy

farmer or the agent of the dairy farmer and the milk processor; and

3. The medium of exchange used is cash, a check for the full

amount of the purchase price, or a wire transfer of money in the

full amount.
Okla. Stat. tit. 2, § 2-16-82 — OK Code / Title 2 / Section 2-16-82
Transfer of payments to Oklahoma Firefighters Pension and
Status: in_force

Retirement System.

Oklahoma Statutes - Title 2. Agriculture Page 618

A. The Oklahoma Firefighters Pension and Retirement System

shall determine the number of persons who are eligible members of

the Oklahoma Firefighters Pension and Retirement System pursuant to

the provisions of subsection D of Section 351 of Title 19 of the

Oklahoma Statutes.

B. For each person who has become a member as described by

subsection A of this section, the Oklahoma Firefighters Pension and

Retirement System shall provide invoice documentation to the State

Department of Agriculture. Upon adequate documentation of

membership in the Oklahoma Firefighters Pension and Retirement

System pursuant to the provisions of subsection D of Section 351 of

Title 19 of the Oklahoma Statutes, the State Department of

Agriculture shall make a transfer payment from the Volunteer

Firefighter Employer Contribution Payment Revolving Fund to the

Oklahoma Firefighters Pension and Retirement System by May 31, 1999,

and May 31 of every year thereafter. The amount transferred shall

equal the sum of Sixty Dollars ($60.00) multiplied by the number of

members as certified by the System to the Department.
Okla. Stat. tit. 2, § 2-20-25 — OK Code / Title 2 / Section 2-20-25
Suspension, revocation, or nonrenewal of license
Status: in_force

A. 1. The State Board of Agriculture shall have the power to

suspend, revoke or not renew the license of any swine feeding

operation after a hearing, and after an administrative determination

that the swine feeding operation has violated or has failed to

comply with any of the provisions of the Oklahoma Swine Feeding

Operations Act, or any rule promulgated pursuant thereto.

2. The Board shall have the power and duty to reinstate any

such suspended or revoked licenses, or renew the licenses, upon a

satisfactory and acceptable showing and assurance that the swine

feeding operation conducted swine feeding operations in conformity

with, and in compliance with, the provisions of the Oklahoma Swine

Feeding Operations Act and rules promulgated pursuant thereto, and

that conformity and compliance will be continuous.

B. In order to protect the public health and safety and the

environment of this state, the Board, pursuant to the Oklahoma Swine

Feeding Operations Act, may deny issuance of a license or transfer

of a license to establish and operate a swine feeding operation to

any person or other legal entity which:

1. Is not in substantial compliance with a final agency order

or any final order or judgment of a court of record secured by any

state or federal agency relating to swine feeding operations; or

2. Has evidenced a reckless disregard for the protection of the

public and the environment as demonstrated by a history of

noncompliance with environmental laws and rules resulting in

endangerment of human health or the environment.

C. Any action taken in regard to the denial, suspension or

revocation of a license shall be in conformity with the rules of the

Board governing Administrative Procedures and the Administrative

Procedures Act.
Okla. Stat. tit. 2, § 2-16-37 — OK Code / Title 2 / Section 2-16-37
Governor as Compact Administrator - Delegation of duties
Status: in_force

The Governor is designated as the official Compact Administrator

of the State of Oklahoma under the South Central Interstate Forest

Fire Protection Compact and shall exercise and perform for the State

of Oklahoma all the powers and duties imposed by the compact upon

the Compact Administrator. The Governor shall have authority to

delegate the exercise of the powers and duties to the Director of

Forestry, Division of Forestry, State Board of Agriculture. The

Director of Forestry shall be Assistant Compact Administrator and

shall act as the official representative of the State of Oklahoma

and the Compact Administrator pursuant to the delegation to the

Assistant Compact Administrator of the powers and duties. In

addition, the Assistant Compact Administrator shall perform other

duties as the Governor may designate that are necessary to enable

the State of Oklahoma to cooperate in accomplishing the objectives

of the compact.
Okla. Stat. tit. 2, § 2-18-309 — OK Code / Title 2 / Section 2-18-309
Referendum to determine continuation of fee
Status: in_force

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

five (5) years following the effective date of the Oklahoma Wheat

Resources Act to determine if the assessment is to be continued.

B. The President of the State Board of Agriculture shall call

and conduct a referendum if the petitions bear signatures of ten

percent (10%) of the wheat producers. No more than one such

referendum shall be conducted in any one thirty-six-month period.

The State Board of Agriculture shall determine if the petition bears

the required number of valid signatures. The President shall

announce the referendum at least thirty (30) days prior to the day

of voting. At least thirty (30) days before the referendum, the

President shall mail a notice of the referendum to all known wheat

producers in the State of Oklahoma who market wheat in commercial

quantities. The notice shall specify the dates, times, and places

for holding the referendum. The notice shall also include a sample

ballot with the following wording:

DO YOU FAVOR A CONTINUATION OF THE FEE ASSESSMENT ON WHEAT

MARKETED IN OKLAHOMA FOR UTILIZATION, RESEARCH AND MARKET

DEVELOPMENT?

YES ( ) NO ( )

C. Places within each county for conducting the referendum

shall be designated by the Agricultural Extension Division of

Oklahoma State University. Voting in each county shall be

supervised by the county agricultural extension agent, or a person

designated by the Extension Division in cases where there is no

county agent in a county at the time of the referendum.

D. The Oklahoma Wheat Commission shall ensure sufficient

ballots and supplies necessary for conducting the voting and the

tabulation of returns.

Oklahoma Statutes - Title 2. Agriculture Page 665

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

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

President of the State Board of Agriculture. The ballots shall be

transmitted to the President within forty-eight (48) hours. Ballots

shall be preserved by the President for a period of at least three

(3) months.

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

President and the results certified to the Governor, who shall issue

a proclamation declaring the results.

G. The Commission shall bear expenses of advertising and

conducting the referendum.

H. Whenever the question of levying the assessments is

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

voting in the referendum to favor continuation of the assessments,

the proclamation declaring the result shall provide for the

termination of the assessments on April 30, following the date of

the referendum.

I. Thirty (30) days after termination of the assessment, all

remaining funds of the Commission shall be transferred to the

Experiment Stations of Oklahoma State University, to be used for

continued research on wheat.
Okla. Stat. tit. 2, § 2-5-11 — OK Code / Title 2 / Section 2-5-11
Identification of needs of state entities - Cooperation
Status: in_force

with producers, Office of Management and Enterprise Services, and

State Purchasing Director.

A. As part of the "Made in Oklahoma" and "Grown in Oklahoma"

programs established within the Oklahoma Department of Agriculture,

Food, and Forestry, the Department, in cooperation with the Office

of Management and Enterprise Services and the State Purchasing

Director, shall develop and expand new markets and identify the

needs of state agencies, institutions, universities, and other

entities of state, municipalities, counties, and other political

subdivisions of this state and federal agencies and institutions for

Oklahoma-made and Oklahoma-grown agricultural products.

B. The Department shall serve as a communication link between

the producers of Oklahoma agricultural products and the Office of

Management and Enterprise Services and the State Purchasing Director

or directly between the producers and the state, local, and federal

entities for determining and satisfying the needs of the state,

local, and federal entities for agricultural products. Special

emphasis shall be given by the program for the development of

opportunities for distribution and sale of surplus and oversupply of

perishable products.

Oklahoma Statutes - Title 2. Agriculture Page 182

C. The Department, the Office of Management and Enterprise

Services, and the State Purchasing Director shall provide an

expeditious process for the sale to and purchase of Oklahoma grown

and produced agricultural products by state, local, and federal

entities.

D. The Department shall inform producers of the identified

needs of agricultural products by the state, local, and federal

entities and shall assist the producers in contract procedures with

or through the Office of Management and Enterprise Services and the

State Purchasing Director or directly with the state, local, or

federal entity needing the agricultural products.Oklahoma Statutes - Title 2. Agriculture Page 6
Okla. Stat. tit. 2, § 2-107 — OK Code / Title 2 / Section 2-107
Renumbered as § 15-82 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-753 — OK Code / Title 2 / Section 2-753
Renumbered as § 7-23 of this title by Laws 2001, c. 146, §
Status: in_force

247, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 756
Okla. Stat. tit. 2, § 2-5-63.12 — OK Code / Title 2 / Section 2-5-63.12
Federally approved commodity board - Powers and duties
Status: in_force

The federally approved commodity board shall have the power and

duty to:

1. Employ personnel deemed necessary by the board, fix the

amount and manner of their compensation, and incur other expenses

Oklahoma Statutes - Title 2. Agriculture Page 212

that are necessary and proper to enable the board to effectively

carry out the purposes of the Commodity Research Enhancement Act;

such employees shall not be considered state employees for any

purpose;

2. Retain legal counsel as is required to fulfill the purposes

of the Commodity Research Enhancement Act;

3. Sue and be sued;

4. Cooperate with local, state or national organizations,

whether public or private, in carrying out the purposes of contracts

as may be necessary;

5. Make such reasonable expenditures of funds as are necessary

to carry out the provisions of the Commodity Research Enhancement

Act;

6. The board shall open its state assessment records to

examination by any participating producer during regular business

hours; provided, the board may determine that certain information

provided by a commodity producer is proprietary and confidential;

7. Set the rate of the state assessment. The rate may not

exceed the maximum established in the election authorizing the state

assessment or a subsequent election establishing a maximum rate;

8. Act separately or in cooperation with any person in

developing, carrying out, and participating in programs of research,

disease and insect control, predator control, education and

promotion designed to encourage the production, marketing and use of

the commodity on which the state assessment is levied; and

9. Exercise such other powers as necessary to carry out the

purposes of the Commodity Research Enhancement Act.
Okla. Stat. tit. 2, § 2-5-63.13 — OK Code / Title 2 / Section 2-5-63.13
Assessment funds - Yearly report
Status: in_force

A. The federally approved commodity board shall not commingle

funds derived from the state assessment with any other funds.

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

year of the board, the board shall submit to the Commissioner of the

Oklahoma Department of Agriculture, Food, and Forestry a report

itemizing all income and expenditures and describing all activities

of the board during the previous fiscal year.

C. State assessment funds collected by the federally approved

commodity board pursuant to the Commodity Research Enhancement Act

shall not be subject to state budget and expenditure limitations.

Such funds shall at no time become monies of the state or become

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

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

state.
Okla. Stat. tit. 2, § 2-16-3 — OK Code / Title 2 / Section 2-16-3
Forestry program - Responsibilities
Status: in_force

The State Board of Agriculture shall institute a broad program

of education and action in the protection, reforestation,

harvesting, and wise use of forests and their products throughout

Oklahoma under the provisions the Board shall adopt. These

Oklahoma Statutes - Title 2. Agriculture Page 579

provisions shall include the need for trees and forests to meet the

increasing demands for forest products for human consumption, the

necessity of environmental improvement to filter out noise and dirt,

clean and replenish the atmosphere, to conserve soil, water and

wildlife, and to provide outdoor recreation for healthful living.

The Board shall administer silviculture best management practices in

cooperation with forestry land users under the provisions of state

and federal water pollution laws that include the process to

identify silviculturally related nonpoint sources of pollution as

defined by the Oklahoma Environmental Quality Code and, to the

extent feasible, establish procedures and methods to control these

sources.
Okla. Stat. tit. 2, § 2-6-516 — OK Code / Title 2 / Section 2-6-516
Regulations relating to import of nonnative cervidae to
Status: in_force

be consistent with federal regulations.

Any regulation relating to the import of nonnative cervidae

adopted by a local government, authority, or state agency or office

shall be consistent with corresponding federal regulations.
Okla. Stat. tit. 2, § 2-16-71.6 — OK Code / Title 2 / Section 2-16-71.6
Duty of care or ground of liability not created – Persons entering or using lands not
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 25Persons entering or using lands not relieved of duty of care –

Release or waiver binding.

A. Nothing in the Oklahoma Limitation of Liability for Farming

and Ranching Land Act shall be construed to:

1. Create a duty of care or ground of liability for injury to

persons or property; or

2. Relieve any person entering or using the land of another for

recreational purposes from any obligation which such person may have

in the absence of the Oklahoma Limitation of Liability for Farming

and Ranching Land Act to exercise care in the use of such land and

in the activities thereon, or from the legal consequences of failure

to employ such care.

B. 1. No person who has executed a written release of

liability or a waiver to sue may maintain an action against or

recover damages from a land owner in contravention of the release or

waiver for any personal injury or injury to property. The terms of

the executed release or waiver shall be binding upon the person

signing the document. The provisions of this subsection shall apply

regardless of the amount charged per acre for a recreational

activity.

2. A release or waiver executed pursuant to this subsection

shall not limit the liability of a land owner for willful or wanton

acts of negligence or gross negligence.
Okla. Stat. tit. 2, § 2-9-130 — OK Code / Title 2 / Section 2-9-130
Short title
Status: in_force

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

Auction Market Act".
Okla. Stat. tit. 2, § 2-17-14 — OK Code / Title 2 / Section 2-17-14
Regular meetings - Special meetings - Notice
Status: in_force

A. 1. One or more regular meetings shall be held annually in

such places as the bylaws may stipulate.

2. The board of directors may call a special meeting at any

time.

3. If ten percent (10%) of the members file a petition stating

the specific business to be brought before the association and

demand a special meeting at any time, a meeting must be called by

the directors.

Oklahoma Statutes - Title 2. Agriculture Page 628

B. Notice of all meetings, together with a statement of the

purposes, shall be mailed to each member at least ten (10) days

prior to the meeting. If provided by the bylaws, all notices may be

given by publication in a newspaper, or other periodical of general

circulation among the members.
Okla. Stat. tit. 2, § 2-6-290.7 — OK Code / Title 2 / Section 2-6-290.7
Inspection service and inspections
Status: in_force

A. All inspection service shall be subject to supervision at

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

facilities and conditions are satisfactory for the conduct of the

service and the requisite inspectors are available.

B. Exotic livestock which is processed in official plants in

accordance with the Exotic Livestock and Exotic Livestock Products

Inspection Act may be inspected.

C. All exotic livestock that is slaughtered and processed in an

official plant where inspection service is maintained shall be

inspected for condition and wholesomeness. No dressed or

uninspected exotic livestock products shall be brought into such

official plant.

D. Inspection shall not be provided at any establishment for

the slaughter of exotic livestock, or the preparation of any

carcasses or parts or products of such animals which are not

intended for human food.
Okla. Stat. tit. 2, § 2-1850.4 — OK Code / Title 2 / Section 2-1850.4
Renumbered as § 18-243 of this title by Laws 2001, c
Status: in_force

146, § 266, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-15-143 — OK Code / Title 2 / Section 2-15-143
Lease to Public Trust Authority - Powers and duties of
Status: in_force

Authority.

Oklahoma Statutes - Title 2. Agriculture Page 573

A. The board of county commissioners of any county qualifying,

pursuant to Section 15-142 of this title, may lease the grounds,

buildings, equipment and facilities owned and acquired by the county

for the purpose of conducting annual agricultural and industrial

fairs and expositions to a Public Trust Authority, created pursuant

to the laws of the State of Oklahoma as they relate to public

trusts, for the purposes of managing the grounds, buildings,

equipment and facilities as well as conducting annual agricultural

and industrial fairs and expositions.

B. The Public Trust Authority shall have all rights, powers,

authority, duties and responsibilities which are now or hereafter

provided by general law for public trusts in Oklahoma, pursuant to

Sections 176 through 180.4 of Title 60 of the Oklahoma Statutes, and

the Oklahoma Trust Act, which are not inconsistent with the

provisions of this article.

C. The Trust Authority, with the approval of the county

commission, may issue revenue bonds for not to exceed twenty-five-

year terms in accordance with trust laws of the State of Oklahoma.

D. The trust may sublease any facilities, provided any lease in

excess of two (2) years shall be approved by the board of county

commissioners.

E. Any capital expenditure in excess of One Hundred Thousand

Dollars ($100,000.00) on any project shall not be made without prior

approval of the board of county commissioners.
Okla. Stat. tit. 2, § 2-1-1 — OK Code / Title 2 / Section 2-1-1
Short title
Status: in_force

This act shall be known as the Oklahoma Agricultural Code.
Okla. Stat. tit. 2, § 2-9-205.2 — OK Code / Title 2 / Section 2-9-205.2
Renumbered as § 20-9 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-5-18 — OK Code / Title 2 / Section 2-5-18
Short title - Farmers Market Liability Limitation Act
Status: in_force

This act shall be known and may be cited as the "Farmers Market

Liability Limitation Act".
Okla. Stat. tit. 2, § 2-104n — OK Code / Title 2 / Section 2-104n
Renumbered as § 15-79 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-4-12 — OK Code / Title 2 / Section 2-4-12
Sale of branded livestock - Written transfer of ownership
Status: in_force

All persons selling livestock with a registered brand shall upon

request provide a written transfer of ownership to the purchaser.
Okla. Stat. tit. 2, § 2-1455 — OK Code / Title 2 / Section 2-1455
Renumbered as § 8-80.6 of this title by Laws 2001, c. 146,
Status: in_force

§ 252, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-17-10 — OK Code / Title 2 / Section 2-17-10
Bylaws - Adoption - Amendment of bylaws - Subjects which
Status: in_force

may be regulated.

A. Each association incorporated pursuant to the Cooperative

Marketing Association Act shall adopt bylaws consistent with the

Cooperative Marketing Association Act within thirty (30) days after

its incorporation. A majority of the members voting on the bylaws

is necessary to adopt the bylaws. Each shareholder or member shall

be entitled to one vote, and no more, irrespective of the number of

shares owned or patronage.

B. The bylaws shall provide for their amendment by the members

and the method by which amendments may be adopted. The bylaws may

include, but are not limited to:

1. The time, place, and manner of calling and conducting its

meetings, which meetings, and the meetings of its directors, may be

held either in or outside the state;

2. The number of members constituting a quorum;

3. The right of members to vote in person, by proxy, or by mail

at general or special meetings; and the conditions, manner, form,

and effects of these votes;

4. The number of directors constituting a quorum;

5. The number, qualifications, compensation, duties, and term

of office of directors and officers; the time of their election and

the mode and manner of giving notice thereof;

6. Penalties for violations of bylaws;

7. The amount of entrance, organization, and membership fees,

if any; the manner and method of collection of the fees, and the

purposes for which the fees may be used;

8. The amount which each member shall be required to pay

annually or from time to time, if at all, to carry on the business

of the association; the charge, if any, to be paid by each member

for services rendered by the association to such member and the time

of payment and the manner of collection; and marketing contract

between the association and its members which every member may be

required to sign; and

Oklahoma Statutes - Title 2. Agriculture Page 625

9. The number, qualification, and voting rights of members of

the association and the conditions precedent to membership; the

method, time, and manner of permitting members to withdraw or to

transfer their stock; the manner of assignment and transfer of the

interest of members; the mode, manner, and effect of the expulsion

of a member; the manner of determining the value of a member's

interest and provision for its purchase by the association upon the

death or withdrawal of a member or upon the expulsion of a member or

forfeiture of membership.
Okla. Stat. tit. 2, § 2-8-32 — OK Code / Title 2 / Section 2-8-32
Persons subject to subarticle - Certification, what
Status: in_force

constitutes.

Every person who issues, uses, or circulates any certificate,

advertisement, tag, seal, poster, letterhead, marketing circular,

written or printed representation, or description pertaining to

seeds, tubers, plants, or plant parts intended for propagation or

sale, which contains signs, symbols, maps, diagrams, pictures,

words, or phrases, including but not limited to “Oklahoma State

Certified”, “State Certified”, or “Oklahoma Certified”, which

expressly or impliedly state or represent that the seeds or plant

parts comply with the standards or requirements approved by the

Agricultural Experiment Station and the Agricultural Extension

Service of the Oklahoma State University, Division of Agricultural

Sciences and Natural Resources, shall be subject to the provisions

of this subarticle. Every issuance, use, or circulation of any

certificate or any other instrument, as described in this section,

shall be "certification".
Okla. Stat. tit. 2, § 2-6-266 — OK Code / Title 2 / Section 2-6-266
Limitation on entry of products into official
Status: in_force

establishment.

The Board may limit the entry of poultry products and other

materials into any official establishment, under such 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 this act.
Okla. Stat. tit. 2, § 2-6-263 — OK Code / Title 2 / Section 2-6-263
Notice of violations
Status: in_force

Before any violation of this act is reported by the Board to any

district attorney for institution of a criminal proceeding, the

person against whom such proceeding is contemplated shall be given

reasonable notice of the alleged violation and opportunity to

present his views orally or in writing with regard to such

contemplated proceeding. Nothing in this act shall be construed as

requiring the Board to report for criminal prosecution violation of

this act whenever it believes that the public interest will be

adequately served and compliance with the act obtained by a suitable

written notice or warning.
Okla. Stat. tit. 2, § 2-4-9 — OK Code / Title 2 / Section 2-4-9
Questionable ownership of animals at markets - Withholding
Status: in_force

of funds pending determination.

A. Any peace officer of the state or any livestock association

in the State of Oklahoma qualifying under federal law to perform

brand inspection services at specified markets shall have the

authority to order funds of an animal of questionable ownership held

until ownership is established.

B. If ownership is not established within thirty (30) days, the

funds shall be provided to the State Board of Agriculture and held

for one (1) year. If the ownership to the animal cannot be

ascertained, the funds shall be deposited in the State Department of

Agriculture Revolving Fund.
Okla. Stat. tit. 2, § 2-16-51 — OK Code / Title 2 / Section 2-16-51
Board may acquire land for forestry purposes
Status: in_force

The State Board of Agriculture for its Forestry Division on

behalf of the state may acquire land suitable for nurseries, seed

orchards, state forests, school forests, tower,

recreation and other sites by gift, donation, or purchase and may

enter into agreements with the federal government or other agency

for acquiring by gift or purchase the lands that are, in the

judgment of the Board, suitable and desirable for the above

purposes.
Okla. Stat. tit. 2, § 2-157.2 — OK Code / Title 2 / Section 2-157.2
Renumbered as § 15-142 of this title by Laws 2001, c
Status: in_force

146, § 271, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-16-32 — OK Code / Title 2 / Section 2-16-32
Liability for costs of suppressing fires
Status: in_force

Whoever willfully or carelessly shall cause an unlawful forest,

grass, crops, or woods fire shall, in addition to all other

penalties provided by law, be liable for payment of all reasonable

costs and expenses incurred in suppressing the fire. The costs and

expenses shall be payable to the Forestry Division or other

governmental units, who shall, in the case of cooperating persons,

disburse the funds in proportionate share based on standard

suppression costs. When the costs and expenses are not paid within

ninety (90) days after written notice of demand, it shall be the

duty of the district attorney having jurisdiction to take proper

legal proceedings for collection. The liability for costs of

suppression shall exist whether there is criminal prosecution or not

and the liability shall extend to the person or persons causing,

directing, or permitting the activity as well as to the actual

violator.
Okla. Stat. tit. 2, § 2-16-67 — OK Code / Title 2 / Section 2-16-67
Forestry in schools - Rangers and teachers to cooperate
Status: in_force

A. It shall be the duty of all forest rangers to distribute in

all of the public schools and high schools of the county in which

they are serving all the books, periodicals, and other literature

that may, from time to time, be sent out to the rangers by the state

and federal forestry agencies dealing with forest conservation,

development, protection, and management.

B. It shall be the duty of the various rangers under the

direction of the Director, and the duty of the teachers of the

various schools, both public schools and high schools, to post at

some conspicuous place in the various classrooms of the school

buildings the appropriate bulletins and posters as may be sent out

from the forestry agencies for that purpose; and the teachers and

rangers may prepare lectures or talks to be made to the pupils of

the various schools on the subject of forest fires, their origin and

their destructive effect on the plant life and tree life of the

forests of the state, the development and scientific management of

the forests of the state, and may be prepared to give practical

instruction to their pupils as often as they may find it possible to

do so.
Okla. Stat. tit. 2, § 2-1034 — OK Code / Title 2 / Section 2-1034
Renumbered as § 18-312 of this title by Laws 2001, c. 146,
Status: in_force

§ 250, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-20-11 — OK Code / Title 2 / Section 2-20-11
Odor Abatement Plans
Status: in_force

A. An Odor Abatement Plan shall be developed by each licensed

managed feeding operation prior to the submission of an application

pursuant to the provisions of this section and rules promulgated by

the State Board of Agriculture pursuant thereto. The Odor Abatement

Plan shall include, but not be limited to, provisions for

documentation of structural controls, documentation of Best

Management Practices, odor abatement, and recordkeeping provisions.

B. 1. The Odor Abatement Plan shall include specific methods

of odor reduction which shall be tailored to each facility and

created to address each cause of odor listed in paragraph 2 of this

subsection.

2. The Odor Abatement Plan shall address methods for reducing

odors in relationship to swine maintenance, waste storage, land

application, and carcass disposal.

Oklahoma Statutes - Title 2. Agriculture Page 695

3. The applicant or licensee shall examine the Odor Abatement

Plan at least annually to evaluate the effectiveness of the plan,

modify for changed conditions at the facility and determine if

economically feasible technological advances are available and

appropriate for the facility.

C. If, after reviewing the Odor Abatement Plan, the Oklahoma

Department of Agriculture, Food, and Forestry determines that the

plan does not adequately meet one or more of the minimum

requirements, the licensed managed feeding operation shall make and

implement appropriate changes to the Plan which may include the

utilization of economically feasible technology designed to abate

odor as required by the Department pursuant to the Oklahoma Swine

Feeding Operations Act and rules promulgated pursuant thereto.

D. In determining the adequacy of an odor abatement plan, the

Department shall consider all relevant factors including but not

limited to:

1. Design of the facilities;

2. Odor control technology to be utilized;

3. Prevailing wind direction in relation to occupied

residences;

4. Size of operation;

5. Distance from facility to occupied residences; and

6. All information contained in the application.
Okla. Stat. tit. 2, § 2-131.10 — OK Code / Title 2 / Section 2-131.10
Renumbered as § 15-120 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-2-16 — OK Code / Title 2 / Section 2-2-16
Duties of district attorney or Attorney General
Status: in_force

A. When requested by the State Board of Agriculture it shall be

the duty of a district attorney or the Attorney General to institute

appropriate proceedings in the proper courts in a timely manner and

to prosecute in the manner provided by law when violations of the

following occur:

Oklahoma Statutes - Title 2. Agriculture Page 58

1. The Oklahoma Agricultural Code;

2. Any rule promulgated pursuant to the Oklahoma Agricultural

Code; or

3. Any order, license, charter, registration, or permit issued

pursuant to the Oklahoma Agricultural Code.

B. Any action to redress or restrain a violation of the

Oklahoma Agricultural Code, any promulgated rule or any order,

license, charter, registration, or permit issued pursuant to the

Oklahoma Agricultural Code or to recover any administrative or civil

penalty or other fine assessed pursuant to the Oklahoma Agricultural

Code, may be brought by:

1. The district attorney of the appropriate district court of

the State of Oklahoma;

2. The Attorney General on behalf of the State of Oklahoma; or

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

on behalf of the State of Oklahoma.

C. The court shall have jurisdiction to determine the action,

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

limited to mandatory or prohibitive injunctive relief, interim

equitable relief, and punitive damages.

D. When requested by an authorized agent of the Board, it shall

be the duty of every peace officer to assist in the detection and

apprehension of all persons in violation of the Oklahoma

Agricultural Code. Failure to perform this duty shall be cause for

removal from office.
Okla. Stat. tit. 2, § 2-6-257 — OK Code / Title 2 / Section 2-6-257
Sanitary practices
Status: in_force

A. Each official establishment slaughtering poultry or

processing poultry products solely for intrastate commerce shall

have such premises, facilities, and equipment, and be operated in

accordance with such sanitary practices, as are required by

regulations promulgated by the Board for the purpose of preventing

the entry into or flow or movement in intrastate commerce of poultry

products which are adulterated.

B. The Board shall refuse to render inspection to any

establishment whose premises, facilities, or equipment, or the

operation thereof, fail to meet the requirements of this section.
Okla. Stat. tit. 2, § 2-15-75 — OK Code / Title 2 / Section 2-15-75
Duties of officers of fair board
Status: in_force

A. The president of a fair board shall be the executive head of

the association and perform all the duties usual to the office and

enforce and carry out the orders and directions of the board.

B. The vice president shall act in the absence of the

president.

C. The secretary shall be the clerk of the board and keep all

the records and property of the association and shall keep an

account of the money and property of the association and draw all

warrants and orders on the treasurer.

D. The treasurer shall keep all monies and securities of the

association and pay out the same upon the order and warrant of the

board, attested by the president and secretary of the board.
Okla. Stat. tit. 2, § 2-1707 — OK Code / Title 2 / Section 2-1707
Renumbered as § 8-85.7 of this title by Laws 2001, c. 146,
Status: in_force

§ 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-77.17 — OK Code / Title 2 / Section 2-8-77.17
Minor violations
Status: in_force

Nothing in the Oklahoma Fertilizer Act shall be construed as

requiring the State Board of Agriculture to initiate prosecution or

apply for an administrative seizure warrant for minor violations of

the law when the Board believes that the public interests will be

best served by a written notice of violation or warning.
Okla. Stat. tit. 2, § 2-2-20 — OK Code / Title 2 / Section 2-2-20
Renumbered as § 14-82 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-15-51 — OK Code / Title 2 / Section 2-15-51
County free fair associations
Status: in_force

A. There may be organized in each county in the State of

Oklahoma a county free fair association.

B. The term "free fair" as used in Sections 172 through 186 of

this act shall be construed to mean township and county fairs,

Oklahoma Statutes - Title 2. Agriculture Page 544

livestock shows, and other agricultural shows where admission to the

grounds and all exhibit buildings are free and no charge is made for

entering exhibits on which premiums are offered.
Okla. Stat. tit. 2, § 2-162 — OK Code / Title 2 / Section 2-162
Renumbered as § 15-162 of this title by Laws 2001, c. 146,
Status: in_force

§ 272, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-4.6 — OK Code / Title 2 / Section 2-5-4.6
County ordinances
Status: in_force

Nothing in the Homemade Food Freedom Act shall be construed to

prevent counties from enacting ordinances regulating the operation

of home food establishments, provided such ordinances do not

conflict with the provisions of the Homemade Food Freedom Act or

impede or restrict the sale of homemade food products in compliance

with the law.
Okla. Stat. tit. 2, § 2-6-603 — OK Code / Title 2 / Section 2-6-603
Definitions
Status: in_force

As used in the Feral Swine Control Act:

1. "Daylight" means the period of time beginning when the sun

rises and ending when the sun sets;

2. "Feral swine" means any domestic or wild animal of the

species Sus scrofa that are or have been running at large, free

roaming, or wild upon public or private lands, or have been

captured, hunted, pursued, maintained, utilized, or released for any

sporting purposes;

3. "Owner" means any person with title to the real property or

a person that has obtained a right to the possession and use of a

certain space, property, or subsurface right for a definite period

of time through a contractual lease. In the event a person is

permitted to come upon the real property to perform some specific

act including, but not limited to, hunting, removing feral swine, or

fishing, that person has no "lease" but only a "license" to do that

act;

4. "Remove" means to change the location of, eliminate, or

attempt to eliminate feral swine by a variety of methods including,

but not limited to, hunting, killing, taking, trapping, and

catching; and

5. "Judas pig tagging system" means a population control

technique where a radio-collared feral swine is released into a

control area and, after a sufficient period to allow it to join

other feral swine, it is tracked down and all swine associated with

the collared swine are removed.
Okla. Stat. tit. 2, § 2-157.7 — OK Code / Title 2 / Section 2-157.7
Renumbered as § 15-147 of this title by Laws 2001, c
Status: in_force

146, § 271, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-16-40 — OK Code / Title 2 / Section 2-16-40
Actions for damages - Pleading and proof of title to
Status: in_force

realty unnecessary – Railroads’ liability for damages by fire.

In any action instituted in any court to recover damages under

the provisions of the Oklahoma Forestry Code, it shall not be

necessary for any person, injured by any fire to allege in pleadings

or prove on trial title to the real property over which the fire has

spread, but it shall be sufficient in any action to allege and prove

that the person injured was in the occupancy or possession of any

ranch, buildings, improvements, hay, grass, crops, fencing, timber,

marsh, or other property, claiming the right to and occupying with

cattle any cattle range; it being the purpose and intention of this

code to protect the possession of any person whether the person has

title to the land claimed or occupied or not. Any railroad company

operating any line in this state shall be liable for all damages

sustained by fire originating from operating its road.
Okla. Stat. tit. 2, § 2-361v — OK Code / Title 2 / Section 2-361v
Renumbered as § 17-23 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-6-149 — OK Code / Title 2 / Section 2-6-149
Exemptions from indemnity payments
Status: in_force

No payment of indemnity from state funds shall be made for any

animals found to be tuberculous in the following cases:

1. Unless slaughtered within fifteen (15) days after the date

of classification as reactors;

2. After any test, when the premises containing tuberculous

animals have not been cleaned and disinfected in accordance with the

rules of the State Board of Agriculture and the United States

Department of Agriculture;

3. For any animals belonging to a state or federal supported

institution;

4. For any animals the owner or claimant knew to be diseased at

the time obtained;

5. For any animals unless the entire herd associated with them

has been tested;

6. For any animals which have not been within this state at

least one (1) year prior to being classified as reactors for

tuberculosis; and

Oklahoma Statutes - Title 2. Agriculture Page 256

7. For any animals moved intrastate or interstate in violation

of the laws of this or any other state or any of the rules of the

Board or the United States Department of Agriculture.
Okla. Stat. tit. 2, § 14-82 — OK Code / Title 2 / Section 14-82
Tolerances
Status: in_force

The State Department of Agriculture shall establish tolerances for pesticidal chemicals in foodstuffs and other materials destined for human consumption or animal feeds including forage crops and grains except where tolerances are established by the State Board of Health on foodstuffs or other materials for human consumption for which the State Board of Health has regulatory jurisdiction by law. Copies of the tolerances shall be made available to any agency, person, group, company or other organization requesting the tolerances.
Okla. Stat. tit. 2, § 2-1301-310.1 — OK Code / Title 2 / Section 2-1301-310.1
Renumbered as Section 16-61 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-3003 — OK Code / Title 2 / Section 2-3003
Renumbered as § 5-93 of this title by Laws 2001, c. 146, §
Status: in_force

262, emerg. eff. April 30, 2001.

Oklahoma Statutes - Title 2. Agriculture Page 774
Okla. Stat. tit. 2, § 2-1753 — OK Code / Title 2 / Section 2-1753
Renumbered as § 9-144 of this title by Laws 2001, c. 146,
Status: in_force

§ 256, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-207 — OK Code / Title 2 / Section 2-6-207
Violations and penalties
Status: in_force

(a) Any person, firm, or corporation who violates any provision

of the Oklahoma Meat Inspection Act for which no other criminal

penalty is provided by this act shall upon conviction be subject to

imprisonment for not more than one (1) year, or a fine of not more

than One Thousand Dollars ($1,000.00), or both such imprisonment and

fine; 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 (8) of paragraph (j)

of Section 6-182 of this title), such person, firm, or corporation

shall be guilty of a Class D3 felony offense and shall be subject to

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or a fine of not more than

Ten Thousand Dollars ($10,000.00), or both; provided, that no

person, firm, or corporation shall be subject to penalties under

this section for receiving for transportation any article or animal

in violation of this act if such receipt was made in good faith,

unless such person, firm, or corporation refuses to furnish on

request of a representative of the Board the name and address of the

person from whom he received such article or animal, and copies of

all documents, if any there be, pertaining to the delivery of the

article or animal to him.

(b) Nothing in this act shall be construed as requiring the

Board to report for prosecution, or for the institution of legal

action or injunction proceedings, minor violations of this act

whenever it believes that the public interest will be adequately

served by a suitable written notice of warning.

Oklahoma Statutes - Title 2. Agriculture Page 280
Okla. Stat. tit. 2, § 2-361n — OK Code / Title 2 / Section 2-361n
Renumbered as § 17-15 of this title by Laws 2001, c. 38, §
Status: in_force

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-5-21.2 — OK Code / Title 2 / Section 2-5-21.2
Renumbered as § 10-73 of this title by Laws 2000, c
Status: in_force

243, § 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-20-57 — OK Code / Title 2 / Section 2-20-57
Setback requirements
Status: in_force

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

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

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

owner of the animal feeding operation.

B. Except as provided by Section 20-58 of this title, no

concentrated animal feeding operation shall be established after

September 1, 1997, which is within one (1) mile of ten or more

residences that are occupied residences at the time of the

establishment of the concentrated animal feeding operation.

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

section shall not apply if the applicable property owner executes a

written waiver with the owner or operator of the animal feeding

operation, under the terms and conditions that the parties

negotiate. The written waiver becomes effective upon recording of

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

where the property is located. The filed waiver shall preclude

enforcement of the setback requirements contained in subsections A

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

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

animal feeding operation is located shall not affect the validity of

the waiver.

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

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

well.

E. Except as provided by Section 20-58 of this title, no

concentrated animal feeding operation shall be established after

September 1, 1997, which is located:

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

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

any municipality, unless the municipality's governing body executes

a written waiver of the setback for the particular animal feeding

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

Oklahoma Statutes - Title 2. Agriculture Page 739

animal feeding operation is located shall not affect the validity of

the waiver;

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

public water supply if the concentrated animal feeding operation is

located within the drainage basin for the public water supply.

F. All distances between occupied residences and animal feeding

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

the occupied residence to the closest point of the nearest waste

facility, as determined by the Oklahoma Department of Agriculture,

Food, and Forestry. The property boundary line of the real property

is not used unless it coincides with the closest point of the waste

facility or occupied residence.
Okla. Stat. tit. 2, § 2-1850.7 — OK Code / Title 2 / Section 2-1850.7
Renumbered as § 18-246 of this title by Laws 2001, c
Status: in_force

146, § 266, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1301-218 — OK Code / Title 2 / Section 2-1301-218
Renumbered as Section 16-38 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-15-25 — OK Code / Title 2 / Section 2-15-25
Appropriations for premiums - Special election
Status: in_force

The authority for the county excise boards in counties

comprising the free district fair associations shall be by special

election of the resident taxpayers in the various counties. At the

special election, the following question shall be submitted to the

resident taxpayers: "Shall the county commissioners appropriate any

sum of money, not to exceed one (1) mill on the total assessed

valuation of their counties for each current year for premiums on

agricultural and horticultural products and on purebred livestock

and poultry, at the free district fair?"
Okla. Stat. tit. 2, § 2-15-90 — OK Code / Title 2 / Section 2-15-90
Tax levy to pay interest and principal
Status: in_force

It shall be the duty of the officers charged by law with levying

taxes for county purposes to:

1. Levy annually an amount sufficient to pay the interest due

each year on the bonds issued; and

2. Levy an amount sufficient to pay the principal as the same

falls due.
Okla. Stat. tit. 2, § 2-18-41 — OK Code / Title 2 / Section 2-18-41
Act effective upon cessation of federal statute
Status: in_force

The Oklahoma Beef Improvement and Market Development Act shall

become effective only upon the cessation or part thereof of the

federal Beef Promotion and Research Act of 1985, 7 U.S.C., Sections

2901 through 2911, upon certification by the Oklahoma Commissioner

of Agriculture.
Okla. Stat. tit. 2, § 2-104f — OK Code / Title 2 / Section 2-104f
Renumbered as § 15-72 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-502 — OK Code / Title 2 / Section 2-6-502
Definitions
Status: in_force

As used in the Oklahoma Farmed Cervidae Act:

1. "Cervid", "cervidae", and "deer" mean any member of the

cervidae family;

2. "Commercial" means to manage on a business basis or engage in

any transaction or exchange for consideration including barter, the

offer to sell, or possession with intent to sell for profit or

monetary gain;

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

Food, and Forestry;

4. "Farmed cervidae" means all species of the cervid family and

hybrids including white-tailed deer, elk, mule deer, red deer, or any

other member of the family cervidae specified in rule by the State

Board of Agriculture with written concurrence of the Department of

Wildlife Conservation that are raised or maintained within a

perimeter fence or confined space for the production of meat and

other agricultural products, sport, exhibition, personal use, or any

other purpose. Farmed cervidae shall be considered livestock as long

as they remain in a farmed cervidae facility. Farmed cervidae shall

not include cervidae in a commercially licensed hunting facility;

5. "Farmed cervidae facility" means any private or public

premises that contain one or more privately owned cervidae and the

privately owned cervidae are not removed from the premises through

hunting;

6. "Native cervidae" means any and all cervidae that are

indigenous to Oklahoma or are living in a state of nature;

7. "Noncommercial" means to manage for personal enjoyment and

personal use;

8. "Operator" means the person who performs the daily farmed

cervidae management functions;

Oklahoma Statutes - Title 2. Agriculture Page 353

9. "Owner" means a person with legal title to a farmed cervid or

herd of farmed cervidae;

10. "Premises" means the ground, area, buildings, water source

and equipment commonly shared by a herd of cervidae; and

11. "Proof of ownership" means an inspection certificate of

sale from a licensed public livestock market showing individual

identification, a bill of sale, a certificate of sale, court orders,

a statement that the cervidae was born from animals owned by the

seller, or any other document the Department deems acceptable.
Okla. Stat. tit. 2, § 2-2-18.2 — OK Code / Title 2 / Section 2-2-18.2
Oklahoma Department of Agriculture, Food, and Forestry -
Status: in_force

Official environmental regulatory agency.

The Oklahoma Department of Agriculture, Food, and Forestry is

hereby designated as an official environmental regulatory agency for

agricultural point source and nonpoint source pollution within its

jurisdiction as specified in subsection D of Section 1-3-101 of

Title 27A of the Oklahoma Statutes. The Department is hereby

authorized and directed to obtain authorization from the

Environmental Protection Agency (EPA) to administer any and all of

the National Pollution Discharge Elimination System (NPDES) programs

for agricultural point and nonpoint source discharges within its

specified jurisdiction.
Okla. Stat. tit. 2, § 2-10-79 — OK Code / Title 2 / Section 2-10-79
Enforcement of subarticle
Status: in_force

A. The State Board of Agriculture and authorized agents shall

enforce the provisions of this subarticle. The Board shall

promulgate the necessary rules to carry out the provisions of this

subarticle.

B. Any authorized agent of the Board may enter any place of

business within the state where any eggs are bought, sold, graded,

or held and may take for inspection purposes samples of eggs and egg

containers.

C. Any authorized agent of the Board may seize and hold as

evidence any eggs displayed or offered for sale in violation of any

provisions of this subarticle.
Okla. Stat. tit. 2, § 2-10-10.2 — OK Code / Title 2 / Section 2-10-10.2
Definitions
Status: in_force

As used in the Eucha-Spavinaw Management Act:

1. “Animal waste management plan” or “AWMP” means a written

plan that includes a combination of conservation and management

practices designed to protect the natural resources of the state as

required by the Oklahoma Department of Agriculture, Food, and

Forestry pursuant to the provisions of Section 10-9.7 of Title 2 of

the Oklahoma Statutes;

2. “Application site” means any tract of land in the Eucha-

Spavinaw Watershed where poultry waste is land applied;

3. “Board” means the State Board of Agriculture;

4. “City of Tulsa Case” means the federal court proceeding Case

No. 01 CV0900EA(C), filed in the United States District Court for

the Northern District of Oklahoma in December, 2001;

5. “Department” means the Oklahoma Department of Agriculture,

Food, and Forestry;

6. “Eucha-Spavinaw phosphorous index (PI)” means the phosphorus

assessment tool adopted by the court in the City of Tulsa Case by

court order entered on February 13, 2004, developed to govern the

terms and conditions under which litter may be land applied in the

Eucha-Spavinaw Watershed, and includes any modifications approved

and adopted by the court in that case, or as approved and adopted by

the Board in accordance with its rule-making procedures. Provided

however, the Board shall not amend the PI to make it less protective

of the waters of the state than the PI adopted by the court in the

City of Tulsa Case;

7. “Eucha-Spavinaw Watershed” means the watershed for Lakes

Eucha and Spavinaw located in Delaware County and Mayes County,

Oklahoma, as further defined by Hydrologic Unit Code (HUC) 11070206

as compiled by the United States Geological Survey, Natural

Resources Conservation Services;

8. "Land application" means the spreading on, or the

incorporation into, the soil mantle primarily for beneficial

purposes;

9. “Poultry Act” means the Oklahoma Registered Poultry Feeding

Operations Act, the Oklahoma Poultry Waste Transfer Act, and the

Oklahoma Poultry Waste Applicators Certification Act, either

separately or collectively;

Oklahoma Statutes - Title 2. Agriculture Page 481

10. “Poultry waste” means poultry excrement, poultry carcasses,

feed wastes, or any other waste associated with the confinement of

poultry from a poultry feeding operation; and

11. “Settlement Agreement” means the settlement agreement dated

July 16, 2003, between the parties in the City of Tulsa Case.
Okla. Stat. tit. 2, § 2-14-1 — OK Code / Title 2 / Section 2-14-1
Bureau of Standards established
Status: in_force

There shall be established a State Bureau of Standards of

weights, measures, and tests of all kinds. This Bureau shall be a

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

which shall provide facilities for its use. The Director of

Laboratory Services shall act as Director of the Bureau of Standards

.
Okla. Stat. tit. 2, § 2-109 — OK Code / Title 2 / Section 2-109
Renumbered as § 15-84 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-101 — OK Code / Title 2 / Section 2-5-101
Definitions
Status: in_force

As used in Sections 129 through 132 of this act unless the

context otherwise requires:

1. "Disparagement" means dissemination of information to the

public in any manner which casts doubt on the safety of any

perishable agricultural food product to the consuming public; and

2. "Perishable agricultural food product" means an agricultural

product as defined in Section 17-3 of Title 2 of the Oklahoma

Statutes, intended for human consumption which is sold or

distributed in a form that will perish or decay beyond marketability

within a period of time.
Okla. Stat. tit. 2, § 2-6-312 — OK Code / Title 2 / Section 2-6-312
Technical assistance
Status: in_force

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

may provide technical assistance to persons legally engaged in the

private commercial production of catfish, minnows, fingerlings,

fish, frogs and other aquatic species pursuant to the provisions of

this act. Such technical assistance shall be limited to

recommendations and in no instance shall the Department provide any

assistance or any funds to effectuate or implement such

recommendations.

B. Reasonable fees, as determined by the State Board of

Agriculture, may be charged by the Department for salary, expenses,

and supplies of Department employees providing technical assistance.
Okla. Stat. tit. 2, § 2-2-16.1 — OK Code / Title 2 / Section 2-2-16.1
Livestock Offender Registry
Status: in_force

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

is authorized to create and maintain the Livestock Offender

Registry. Access to the registry shall be provided to the public on

the Department's website.

B. The Livestock Offender Registry shall contain all persons

convicted of violating Section 1716 of Title 21 of the Oklahoma

Statutes.

C. The Department may promulgate rules to implement the

provisions of this section.

D. The Department is authorized to contract with a statewide

livestock organization, as defined in Section 4-2 of Title 2 of the

Oklahoma Statutes, to create and maintain the Livestock Offender

Registry.
Okla. Stat. tit. 2, § 2-7-404 — OK Code / Title 2 / Section 2-7-404
Rules
Status: in_force

A. The State Board of Agriculture shall promulgate rules

governing:

1. The production, transportation, processing, pasteurization,

handling, identity, sampling, examination, labeling, marking,

shipping statements, optional ingredients, definitions and sanitary

conditions for milk and milk products;

2. The inspection and sanitary rating of dairy farms, bulk milk

hauler/samplers, milk transportation companies, milk tank truck

cleaning facilities, milk plants and distribution centers engaged in

producing, transporting, processing and distributing milk and milk

products;

3. The issuing, modifying, suspending and revoking of permits

to producers, bulk milk hauler/samplers, milk transportation

companies, milk tank truck cleaning facilities, processors and

distributors of milk and milk products;

4. The approval of facilities therefor;

5. All cheese factories;

6. All modes of transportation used for the distribution of

milk and cream to market; and

7. The labeling and packaging of milk and milk products.

B. The rules promulgated by the Board shall be in accord with

the minimum standards and requirements for milk and milk products

currently recommended and established by the United States

Department of Health and Human Services, Food and Drug

Administration, including the Recommended Grade A Pasteurized Milk

Ordinance.
Okla. Stat. tit. 2, § 2-1715 — OK Code / Title 2 / Section 2-1715
Renumbered as § 8-85.13 of this title by Laws 2001, c
Status: in_force

146, § 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-7-407 — OK Code / Title 2 / Section 2-7-407
Adulterated or misbranded milk or milk product
Status: in_force

A. Any Grade A milk or milk product shall be adulterated if:

1. It bears or contains any poisonous, deleterious, or

inhibitor substance in a quantity which may render it injurious to

health;

2. It bears or contains any added poisonous, inhibitor, or

deleterious substance for which no safe tolerance has been

established by state rule or federal regulations, or in excess of

the tolerance if one has been established;

3. It consists, in whole or in part, of any substance unfit for

human consumption;

4. It has been produced, processed, prepared, packed, held, or

transported under unsanitary conditions;

Oklahoma Statutes - Title 2. Agriculture Page 377

5. Its container is composed, in whole or in part, of any

poisonous or deleterious substance which may render the contents

injurious to health; or

6. Any substance has been added, mixed, packed, or any process

applied to increase its bulk or weight, or reduce its quality,

strength, or make it appear better or of greater value than it is.

B. Grade A milk and milk products shall be misbranded when:

1. Their containers bear or accompany any false or misleading

written, printed, or graphic matter;

2. The milk and milk products do not conform to the definitions

in the Oklahoma Milk and Milk Products Act;

3. The products are not labeled in accordance with the Oklahoma

Milk and Milk Products Act; and

4. Products are labeled "Grade A" when the packaged products

were filled from a dairy plant or milk plant which did not possess

an appropriate and valid Grade A permit at the time the milk or milk

product was produced or processed.
Okla. Stat. tit. 2, § 2-4001 — OK Code / Title 2 / Section 2-4001
Short title — Oklahoma State University Veterinary
Status: in_force

Medicine Authority Act.

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

University Veterinary Medicine Authority Act".
Okla. Stat. tit. 2, § 2-6-269 — OK Code / Title 2 / Section 2-6-269
Seizure and condemnation
Status: in_force

A. Any poultry product, or any dead, dying, disabled, or

diseased poultry, that is being transported in intrastate commerce,

subject to this act, or is held for sale in this state after such

transportation, and that

1. is or has been processed, sold, transported, or

otherwise distributed or offered or received for distribution in

violation of this act, or

2. is capable of use as human food and is adulterated or

misbranded, or

3. in any other way is in violation of this act, shall be

liable to be proceeded against and seized and condemned, at any

time, on a libel of information in any district court within the

jurisdiction of which the article or poultry is found. If the

article or poultry is condemned it shall, after entry of the decree,

be disposed of by destruction or sale as the court may direct and

the proceeds, if sold, less the court costs and fees, and storage

and other proper expenses, shall be paid into the treasury of this

state, but the article or poultry shall not be sold contrary to the

provisions of this act, or the Federal Poultry Products Inspection

Act or the Federal Food, Drug, and Cosmetic Act; provided, that,

upon the execution and delivery of a good and sufficient bond

conditioned that the article or poultry shall not be sold or

otherwise disposed of contrary to the provisions of this act or the

laws of the United States, the court may direct that such article or

poultry be delivered to the owner thereof subject to such

supervision by authorized representatives of the Board as is

necessary to insure compliance with the applicable laws. When a

decree of condemnation is entered against the article or poultry and

it is released under bond, or destroyed, court costs and fees, and

storage and other proper expenses shall be awarded against the

person, if any, intervening as claimant of the article or poultry.

The proceedings in such libel cases shall conform, as nearly as may

be, to the proceedings in admiralty, except that either party may

demand trial by jury of any issue of fact joined in any case, and

all such proceedings shall be at the suit of and in the name of this

state.

Oklahoma Statutes - Title 2. Agriculture Page 301

B. The provisions of this section shall in no way derogate from

authority for condemnation or seizure conferred by other provisions

of this act, or other laws.
Okla. Stat. tit. 2, § 2-104j — OK Code / Title 2 / Section 2-104j
Renumbered as § 15-76 of this title by Laws 2001, c. 146,
Status: in_force

§ 269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-403 — OK Code / Title 2 / Section 2-6-403
Orders restricting movement of persons, livestock,
Status: in_force

machinery, and personal property.

A. 1. The State Board of Agriculture may issue orders

restricting the movement of persons, livestock, machinery, and

personal property out of quarantine zones. The President of the

Board, the State Veterinarian, or any licensed veterinarian

designated by the Board may issue the orders.

2. Any such order shall be issued upon a determination that

reasonable cause exists to believe that the movement of persons or

personal property out of a quarantine zone will reasonably transport

a dangerous, infectious, or communicable disease outside of the

quarantine zone.

B. An order restricting the movement of persons, livestock,

machinery, and personal property out of quarantine zones:

1. Shall be served upon any person subject to the order;

2. Shall be limited to the greatest extent possible consistent

with the paramount disease control objectives as determined by the

Board;

3. May be served on any day at any time; and

4. Must include a notice of the person's rights pursuant to

this section, including, but not limited to, the ability of the

person to enter into an agreement to abide by disease control

measures under subsection C of this section and the right to request

a court hearing under subsection D of this section. When an order

restricting the movement of persons has been issued, the physical

and emergency medical needs of those persons restricted pursuant to

the order shall be addressed in a systematic and competent manner.

C. No person may be restricted by an order, issued pursuant to

the Animal Disease Outbreak Temporary Emergency Act for longer than

seventy-two (72) hours, if the person agrees to abide by the disease

Oklahoma Statutes - Title 2. Agriculture Page 348

control measures established by the Board. Such person shall sign

an acknowledgment form prepared by the Board evidencing the person's

agreement to abide by the disease control measures established by

the Board.

D. Any person whose movements are restricted by an order

pursuant to the Animal Disease Outbreak Temporary Emergency Act may

seek a district court hearing on the order at any time after it is

served on the person. The hearing shall be heard as soon as

possible regardless of the time of day and any inconvenience to the

court. The hearing may be held by electronic means. The subject of

the order may:

1. Contest imposition of the order on grounds that it is an

abuse of the Board's discretion pursuant to the Animal Disease

Outbreak Temporary Emergency Act; or

2. Seek a variance from the order to allow movement of a person

inconsistent with the order, upon a showing that the person would

otherwise suffer irreparable harm.
Okla. Stat. tit. 2, § 2-1762 — OK Code / Title 2 / Section 2-1762
Renumbered as § 5-82 of this title by Laws 2001, c. 146, §
Status: in_force

258, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-60.10 — OK Code / Title 2 / Section 2-5-60.10
Short title - Oklahoma Agricultural Commodity Act
Status: in_force

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

Agricultural Commodity Act".
Okla. Stat. tit. 2, § 2-5-62.3 — OK Code / Title 2 / Section 2-5-62.3
Renumbered as § 14-63 of this title by Laws 2000, c
Status: in_force

243, § 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-14-43 — OK Code / Title 2 / Section 2-14-43
Injunction - Presumption
Status: in_force

If a weight or measure or weighing or measuring device exists

where buying or selling is commonly carried on, there shall be a

rebuttable presumption that the weight, measure, or weighing or

measuring device is regularly used for business purposes.
Okla. Stat. tit. 2, § 2-14-81 — OK Code / Title 2 / Section 2-14-81
Analytical laboratory - Purposes
Status: in_force

The State Department of Agriculture is directed to establish, at

the earliest practicable time, as a function of the State Department

of Agriculture, analytical laboratory facilities for the following

purposes:

1. Conducting analyses to determine the qualitative and

quantitative amounts of pesticidal residues or other objectionable,

harmful, or deficient materials in crops, foodstuffs, water, and

other materials destined for human consumption or for animal feeds

including forage crops and whole grains which are shipped in

intrastate commerce in Oklahoma or which are sold or to be sold for

human consumption or for animal feeds in Oklahoma;

2. Conducting tests and making qualitative and quantitative

analyses to determine:

Oklahoma Statutes - Title 2. Agriculture Page 534

a. the quality or wholesomeness of manufactured milk and

manufactured dairy products,

b. diseases affecting animal health, and

c. various ingredients or components of feed, fertilizer,

and pesticides; or

3. Any other chemical tests or analyses concerning agricultural

products regulated or monitored by the State Board of Agriculture.
Okla. Stat. tit. 2, § 2-76 — OK Code / Title 2 / Section 2-76
Renumbered as § 15-26 of this title by Laws 2001, c. 146, §
Status: in_force

268, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-85.9 — OK Code / Title 2 / Section 2-8-85.9
Duties of agents
Status: in_force

A. The State Board of Agriculture may inspect, sample, analyze,

and test soil amendments distributed in this state at any time and

place, and to the extent necessary to determine whether the soil

amendments are in compliance with the Soil Amendment Act.

B. The Board and its employees or agents are authorized to

enter upon public or private property during regular working hours

to access soil amendments for the purpose of administering the Soil

Amendment Act.
Okla. Stat. tit. 2, § 2-18-191 — OK Code / Title 2 / Section 2-18-191
Reports and remittance of fees - Penalties
Status: in_force

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

Sheep and Wool Utilization, Research and Market Development

Commission by the fifteenth day of each calendar quarter following

any calendar quarter in which such purchaser has purchased five

hundred (500) or more sheep for slaughter, or in which such

purchaser has purchased five thousand (5,000) pounds of wool for

processing. If less than five hundred (500) sheep or less than five

thousand (5,000) pounds of wool have been purchased in any calendar

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

following quarter's return except that all fees collected must be

remitted at least once every six (6) months.

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

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

as required, the Sheep and Wool Utilization, Research and Market

Development Commission shall determine the amount of such fee

according to its best information and judgment, which amount so

fixed shall be prima facie correct. A person having failed to make

the report shall, within ten (10) days after notice of the amount of

the fee fixed and computed by the Commission is mailed to the

person, pay such fee, together with a penalty of five percent (5%)

of the amount of the fee. The person may dispute the fee as fixed

by the Commission. The person may request the Commission to hold a

hearing to determine the amount of the fee and penalty to be

imposed. No payment shall be made until the Commission enters its

order determining the amount of the payment. If and when the

Commission determines the amount of the payment, such payment shall

be paid within ten (10) days of notice of the payment decision.
Okla. Stat. tit. 2, § 2-9-162 — OK Code / Title 2 / Section 2-9-162
Packer prohibitions
Status: in_force

It shall be unlawful for any packer with respect to livestock,

meats, meat products or livestock products in unmanufactured form

to:

1. Engage in or use any unfair, unjustly discriminatory or

deceptive practice or device;

2. Sell or otherwise transfer to or for any other packer or buy

or otherwise receive from or for any other packer any article for

the purpose or with the effect of apportioning the supply between

any such persons if such apportionment has the tendency or effect of

restraining commerce or of creating a monopoly;

3. Sell or otherwise transfer to or for any other person, or

buy or otherwise receive from or for any other person, any article

for the purpose or with the effect of manipulating or controlling

prices, or of creating a monopoly in the acquisition of buying,

selling or dealing in any article, or of restraining commerce;

4. Engage in any course of business or do any act for the

purpose of or with the effect of manipulating or controlling prices,

or of creating a monopoly in the acquisition of buying, selling,

dealing in any article or of restraining commerce;

5. Conspire, combine, agree or arrange with any other person to

apportion territory for carrying on business, to apportion purchases

of any article or to manipulate or control prices; or

6. Conspire, combine, agree or arrange with any other person to

aid or abet the doing of any act made unlawful by paragraph 1, 2, 3

or 4 of this section.
Okla. Stat. tit. 2, § 2-5-121 — OK Code / Title 2 / Section 2-5-121
Definitions
Status: in_force

For purposes of the Urban Gardens Grant Act:

1. “Department” means the Oklahoma Department of Agriculture,

Food, and Forestry;

2. “Food desert” means a census tract that is designated as

both a low-income area and a low access area;

3. “Low access area” means a census tract, as reported in the

most recent decennial census published by the United States Bureau

of the Census, where at least 500 persons or 33 percent (33%) of

their population live more than:

a one (1) mile from a supermarket or large grocery store

in urban areas, and

b. ten (10) miles from a supermarket or large grocery

store in rural areas;

4. “Low-income area” means a census tract, as reported in the

most recent decennial census published by the United States Bureau

of the Census, where at least 20 percent (20%) of the people have

income at or below the federal poverty levels for family size, or

where median family income for the tract is at or below 80 percent

(80%) of the surrounding area’s median family income.
Okla. Stat. tit. 2, § 2-8-26.1 — OK Code / Title 2 / Section 2-8-26.1
State preemption – Exception for taxation
Status: in_force

A. 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 use

of seeds to the complete exclusion of any order, ordinance or

regulation by any municipality or other political subdivision of

this state.

B. No political subdivision shall regulate the registration,

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

of seeds. No political subdivision shall adopt or continue in

effect local orders, ordinances, or regulations in this field,

except for those relating to taxation relating to registration,

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

of seeds. Local legislation in violation of this section is void

and unenforceable.
Okla. Stat. tit. 2, § 2-5-60.2 — OK Code / Title 2 / Section 2-5-60.2
Legislative findings
Status: in_force

A. The Legislature recognizes that:

1. Farm to School Programs link schools and Oklahoma farms in

order to provide schools with fresh and minimally processed farm

commodities for inclusion in school meals and snacks, to help

Oklahoma Statutes - Title 2. Agriculture Page 190

children develop healthy eating habits, and to improve Oklahoma

farmers’ incomes and direct access to markets; and

2. The benefits of Farm to School Programs often include

activities that provide students with hands-on learning

opportunities, such as farm visits, cooking demonstrations, and

school gardening and composting programs, and integrate nutrition

and agriculture education into school curricula.

B. It is the intent of the Legislature that school districts

encourage the implementation of the Oklahoma Farm to School Program,

which will emphasize the purchase of locally and regionally produced

foods in order to improve child nutrition and strengthen local and

regional farm economies.

C. A successful statewide Farm to School Program will require

the resources, expertise, and collaboration of a variety of state

agencies, including the State Department of Education, the State

Department of Health, the Oklahoma Department of Agriculture, Food,

and Forestry, the Department of Human Services, and a nonprofit

agency that has experience in Farm to School Programs.
Okla. Stat. tit. 2, § 2-5-111 — OK Code / Title 2 / Section 2-5-111
Legislative finding and declaration
Status: in_force

The Legislature finds, determines, and declares that the

production of agricultural food products constitutes a large

proportion of the state's economy and that it is beneficial to the

citizens of this state to enhance the production and further expand

the state's economy by effectively supporting and promoting the

value-added food processing industry.
Okla. Stat. tit. 2, § 2-15-73 — OK Code / Title 2 / Section 2-15-73
Expenditure of funds
Status: in_force

The county treasurer, upon requisition therefor by the board of

directors of a fair, shall pay over to the treasurer of the fair

board the funds collected by virtue of the levy. The funds shall be

paid out by the treasurer of the fair board upon vouchers and

warrants issued by the board under such rules as the board may make.
Okla. Stat. tit. 2, § 2-3-32.4 — OK Code / Title 2 / Section 2-3-32.4
Nursery stock shipments - Inspection certificates
Status: in_force

All nursery stock shipped into Oklahoma shall have a certificate

on each package stating that the contents were inspected by an

authorized inspecting officer and that the contents appear free from

plant pests. The State Board of Agriculture shall have the

authority to inspect all nursery stock. The Board shall have the

authority to order any nursery stock which may be infested with any

plant pests destroyed or returned to the consignor at the

consignor’s expense.
Okla. Stat. tit. 2, § 2-14-31 — OK Code / Title 2 / Section 2-14-31
Definitions
Status: in_force

As used in this article:

1. “Correct” means conformance to all applicable requirements

of this article;

2. “Field standard” means the physical standards which are

traceable to the reference standards through comparisons, using

acceptable laboratory procedures, and used in the enforcement of

weights and measures laws and rules;

3. “National Conference on Weights and Measures, Inc. (NCWM)”

means the national professional organization composed of regulatory

officials, industry representatives, and individuals having an

interest in weights and measures that develop consensus standards in

areas of weighing and measuring device regulation, commodity

Oklahoma Statutes - Title 2. Agriculture Page 518

regulation, and administration of regulatory weights and measures

program;

4. “National Institute of Standards and Technology (NIST)”

means that subdivision of the United States Department of Commerce

responsible for maintaining the standard weights and measures of the

United States;

5. “Package” means any commodity put up or uniformly wrapped or

sealed in advance of sale in units suitable for either wholesale or

retail sale;

6. “Reference standards” means the physical standards of the

state which serve as the legal reference from which all other

standards and weights and measures are derived;

7. “Sale from bulk” means the sale of commodities when the

quantity is determined at the time of sale; and

8. “Weights or measures” means all weights and measures of

every kind, instruments and devices for weighing and measuring, and

any appliance and accessories associated with any instruments and

devices. “Weight” used in connection with any commodity means net

weight.
Okla. Stat. tit. 2, § 2-102 — OK Code / Title 2 / Section 2-102
Renumbered as § 15-63 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-1765 — OK Code / Title 2 / Section 2-1765
Renumbered as § 5-85 of this title by Laws 2001, c. 146, §
Status: in_force

259, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-10-9.9 — OK Code / Title 2 / Section 2-10-9.9
Designation of poultry feeding operation as concentrated
Status: in_force

animal feeding operation – Rules.

A. In addition to the authority of the State Board of

Agriculture to make designations of a concentrated animal feeding

operation pursuant to Section 20-44 of this title, the Board shall

have the power to designate a poultry feeding operation as a

concentrated animal feeding operation as defined by Section 20-41 of

this title subject to the provisions of the Oklahoma Concentrated

Animal Feeding Operations Act after an administrative determination

that an operation has violated or is unwilling to comply with any of

the provisions of the Oklahoma Registered Poultry Feeding Operations

Act, or any rule promulgated pursuant thereto whether or not the

Oklahoma Department of Agriculture, Food, and Forestry determines

the registered poultry feeding operation to be a significant

contributor of pollution to waters of this state.

B. In order to protect the public health and safety and the

environment of this state, the Board, pursuant to the Oklahoma

Registered Poultry Feeding Operations Act, may require application

for a concentrated animal feeding operation license to establish and

operate a poultry feeding operation on and after the effective date

of this act to any person or other legal entity which:

Oklahoma Statutes - Title 2. Agriculture Page 469

1. Is not in substantial compliance with a final agency order

or any final order or judgment of a court of record secured by any

state or federal agency relating to poultry feeding operations; or

2. Has evidenced a reckless disregard for the protection of the

public and the environment as demonstrated by a history of

noncompliance with environmental laws and rules resulting in

endangerment of human health or the environment.

C. Any action taken in regard to the denial, suspension or

revocation of a license shall be in conformity with the rules of the

Board governing administrative procedures and with the

Administrative Procedures Act.

D. The Board shall promulgate rules which will provide a

procedure whereby any poultry feeding operation which has been

designated a concentrated animal feeding operation pursuant to this

section may have such designation removed. The rules shall require

satisfactory evidence that such designation is no longer necessary

in order to ensure that the operation will comply with all

provisions of the Oklahoma Registered Poultry Feeding Operations Act

and will not contribute to pollution of the waters of this state.
Okla. Stat. tit. 2, § 2-10-10.5 — OK Code / Title 2 / Section 2-10-10.5
Land application rate - Soil and waste testing
Status: in_force

A. The land application rate for all poultry waste in the

Eucha-Spavinaw Watershed shall be specified in the animal waste

management plan and shall follow the requirements and limitations of

the applicable Eucha-Spavinaw phosphorous index (PI).

B. Soil testing and poultry waste testing shall be performed in

the Eucha-Spavinaw Watershed in the manner and frequency prescribed

Oklahoma Statutes - Title 2. Agriculture Page 482

in the Poultry Act for nutrient-limited watersheds and the records

shall be maintained as prescribed in the Poultry Act.
Okla. Stat. tit. 2, § 2-16-56 — OK Code / Title 2 / Section 2-16-56
Scientific forest management on state lands, wilderness
Status: in_force

excepted.

The purpose of the provisions of the Oklahoma Forestry Code

relating to forest management is to encourage the practice of

scientific forest management on all lands owned by the State of

Oklahoma according to standards that shall manage, protect, utilize,

and perpetuate suitable trees for their many benefits. The

provisions of the Oklahoma Forestry Code shall not be construed to

apply to state-owned land in wilderness areas.
Okla. Stat. tit. 2, § 2-5-304 — OK Code / Title 2 / Section 2-5-304
Certification program – Administration – Inspection and
Status: in_force

analysis – Verification documents – Audits of records.

A. The State Board of Agriculture shall establish a program for

the certification of organic agricultural products. The Board shall

submit this program to the Secretary of the USDA for accreditation

as required by the Organic Food Production Act of 1990, as amended,

7 U.S.C., Section 6501 et seq. and rules promulgated pursuant

thereto. Upon accreditation, the Board shall act as a certifying

agent and issue a Certificate of Organic Production to an operation

that has met all requirements of the Oklahoma Organic Food Act and

rules promulgated pursuant thereto.

B. The Board shall promulgate appropriate rules for the

administration of the program for the certification of organic

agricultural products, including:

1. Standards for the analysis, inspection, and certification of

the organic agricultural products;

Oklahoma Statutes - Title 2. Agriculture Page 236

2. Records required of producers and handlers of organic

agricultural products;

3. Standards for the certification of producers and handlers of

organic agricultural products;

4. Lists of approved and prohibited substances for use in the

production and handling of organic agricultural products; and

5. A schedule of fees for initial certification and inspection

for continued certification as a producer or handler of organic

agricultural products.

C. The Board is authorized to inspect, sample, analyze, examine

records, and test any product claimed to be organically grown or

distributed within the state to determine if the product is in

compliance with the Oklahoma Organic Food Act. The Board has the

authority to enter upon public or private property at any reasonable

time for the purpose of administering the Oklahoma Organic Food Act.

Any certified operation or applicant for a Certificate of Organic

Production shall be deemed to have given consent to any authorized

agent of the Board to access, enter, inspect, or monitor the

property. Refusal to allow access, entry, or inspection shall

constitute grounds for the denial, nonrenewal, suspension, or

revocation of certification.

D. The Board shall require laboratory analysis of a product

claimed to be organically grown if it has reasonable cause to

suspect the product may contain a substance not approved for organic

production.

E. All new applicants are required to have their soil-growing

media and irrigation water, if not municipal, assayed for the

presence of pesticide residues.

F. Verification documents that may be required include, but are

not limited to, questionnaires, farm plans, affidavits, inspection

reports, laboratory assays, and other documents to verify the path

taken by an organic food product through post-harvest handling and

distribution.

G. The Board may conduct audits of all documents for

verification that producers meet the requirements of the Oklahoma

Organic Food Act and rules.

H. The Board is authorized to promulgate rules as necessary to

administer the Oklahoma Organic Food Act and establish certification

standards to carry out the Oklahoma Organic Food Act.

I. The Board is authorized to revoke, suspend, or not renew any

license upon satisfactory proof that the permittee has violated any

of the provisions of the Oklahoma Organic Food Act or rules

promulgated pursuant thereto.
Okla. Stat. tit. 2, § 2-15-65 — OK Code / Title 2 / Section 2-15-65
Election to determine fair site and authorize
Status: in_force

construction and maintenance of buildings.

In any county of the State of Oklahoma, in which a free fair

association is organized and operating under the laws of the state,

an election may be held as provided in Section 15-68 of this title,

for the purposes of determining a permanent free fair site and

authorizing the construction and maintenance of buildings thereon.
Okla. Stat. tit. 2, § 2-10-21 — OK Code / Title 2 / Section 2-10-21
State Poultry Show - Expenses - Two divisions
Status: in_force

There is hereby established in the State of Oklahoma a State

Poultry Show, which shall be held annually under the supervision of

the Oklahoma State Poultry Federation. The show shall be held each

year at a central point in the State of Oklahoma designated by the

Oklahoma State Poultry Federation. Expenses may be paid from any

funds that have been made available for that purpose to the State

Department of Agriculture or the State Board of Agriculture on

claims approved by the Board. The State Poultry Show shall be

divided into two divisions:

1. Adult or Open Division. Any person raising poultry may

exhibit in the Division. Entry fees and premiums shall be fixed by

the Board in cooperation and after consultation with the Oklahoma

State Poultry Federation or its representatives. Nonresident

exhibitor premiums shall be paid from entry fees collected by the

Oklahoma State Poultry Federation; and

2. Junior Division. An exhibitor in the division shall be a

boy or girl between the ages of nine (9) and nineteen (19) years.

Participation in the Junior Divisions of all contests in school

district, county, and state poultry and egg shows shall be limited

to specimens of poultry and eggs actually produced and raised by

school children of that district, county, and the state,

respectively.
Okla. Stat. tit. 2, § 2-8-77.6 — OK Code / Title 2 / Section 2-8-77.6
Labels
Status: in_force

A. Containers of fertilizer distributed in this state shall

have placed on or affixed to the container a label setting forth in

clearly legible and conspicuous form the following information:

1. Net weight;

2. Brand and grade;

3. Guaranteed analysis; and

4. Name and address of the registrant/licensee.

B. In case of bulk shipments, this information in written or

printed form shall accompany delivery.

C. A fertilizer formulated according to specifications which

are furnished by and for the final consumer prior to mixing shall be

labeled to show the net weight, the guaranteed analysis, and the

name and address of the distributor, registrant, or licensee.
Okla. Stat. tit. 2, § 2-18-312 — OK Code / Title 2 / Section 2-18-312
Annual reports
Status: in_force

The Oklahoma Wheat Research Foundation shall make an annual

report to the chair of the Commission, within fifteen (15) days

after June 30 of each year, showing disposition of all funds

allocated to it under the provisions of the Oklahoma Wheat Resources

Act.
Okla. Stat. tit. 2, § 2-9-47.1 — OK Code / Title 2 / Section 2-9-47.1
Violations - Penalties
Status: in_force

Except as provided by law, any person found to be in violation

of any of the provisions of the Public Warehouse and Commodity

Indemnity Act shall be guilty of a misdemeanor and shall be punished

by a fine of not less than Five Hundred Dollars ($500.00) for the

first offense and not less than One Thousand Dollars ($1,000.00) for

each subsequent offense.
Okla. Stat. tit. 2, § 2-5-63.16 — OK Code / Title 2 / Section 2-5-63.16
Application for refund
Status: in_force

A. A producer who has paid a state assessment may obtain a

refund of the amount paid by filing an application for refund with

the federally approved commodity board within sixty (60) days after

the date of payment. The application must be in writing, on a form

prescribed by the board for that purpose, and accompanied by proof

of payment of the state assessment.

B. The board shall pay the refund to the producer before the

eleventh day of the month following the month in which the

application for refund and proof of payment are received.
Okla. Stat. tit. 2, § 2-6-153 — OK Code / Title 2 / Section 2-6-153
Documentation to accompany shipments – Information for
Status: in_force

exibition.

A. In order to assist in the enforcement of this law and to aid

in determining the point of origin of livestock transported within

the State of Oklahoma, all livestock shall be accompanied by a

health certificate, a bill of sale, or acceptable proof of ownership

of the livestock. All such documents shall disclose the name of the

owner, the name of the consignee, the point of origin, the point of

destination, and a description of the livestock sufficient to

identify them for any purpose.

B. The importation requirements in this subarticle are

applicable to any livestock shipped into or transported within this

state for exhibition purposes.
Okla. Stat. tit. 2, § 2-18-184 — OK Code / Title 2 / Section 2-18-184
Election of Commission members
Status: in_force

A. The Oklahoma Sheep and Wool Producers, Incorporated, shall

call the original election of members to the Sheep and Wool

Utilization, Research and Market Development Commission. All

subsequent elections shall be called by the Oklahoma Sheep and Wool

Utilization, Research and Market Development Commission. All

producers who have paid a fee during the current year, as provided

in the Sheep and Wool Producers Act, shall be eligible to vote in

the election of members of the Commission, if no part of the fee has

been returned to the producer by the Commission. All sheep and wool

producers in the state, as defined by the Sheep and Wool Producers

Act, shall be eligible to vote in the election of the initial

members of the Commission. The election of subsequent at large

Commission members shall be by mail as provided in subsection E of

this section.

B. Within thirty (30) days after the establishment of the

Oklahoma Sheep and Wool Utilization, Research and Market Development

Commission, the Oklahoma Sheep and Wool Producers, Incorporated,

shall call meetings of the sheep and wool producers in each of the

districts established in Section 18-183 of this title, for the

purpose of electing members of the Oklahoma Sheep and Wool

Utilization, Research and Market Development Commission. A producer

shall be entitled to vote for candidates for the Commission to

represent his or her respective district, the state at large and a

major purebred breed. It shall be the responsibility of the

producer to prove eligibility to vote.

C. Members of the Commission shall be elected as follows:

1. The members representing Districts I, IV and the state at

large for terms ending June 30, 1974;

2. The members representing Districts II and III for terms

ending June 30, 1975; and

3. The two members representing the major purebred breeds for

terms ending June 30, 1976.

As the terms of office of such members expire, their successors

shall be elected for terms of three (3) years as provided in this

section.

Oklahoma Statutes - Title 2. Agriculture Page 647

D. Each member shall hold office until the successor is elected

and has qualified. A member elected to fill a vacancy occurring

before the expiration of a term of a member separated from the

Commission for any cause shall be elected for the remainder of the

term of the member whose office has been so vacated.

E. 1. Ballots shall be published at the request of the

Commission in any market news service made available to Oklahoma

sheep and wool producers. Nominations for election to the

Commission for the three at large members shall be published in the

market news service in April of each year that a term of office for

a Commissioner expires or is vacated with a deadline for selecting

three of those nominated for the final runoff election. The names

of the three persons receiving the greatest number of votes shall be

published in the market news service which is published in May.

Ballots for voting for the Commission member shall be published in

the market news service in June with a July 1st deadline for mailing

the ballots.

2. The ballots shall be counted by the president of the State

Board of Agriculture or designee selected from the Oklahoma sheep

and wool producers industry and the chairman of the Commission or

designee selected from the Commission. The Commission shall

promulgate rules for determining the outcome of a tie vote in the

election.

3. Nominations for the District members of the Commission shall

be made only from sheep and wool producers in that District.

Nominations for the members of the Commission to be elected at large

shall be made from sheep and wool producers statewide.
Okla. Stat. tit. 2, § 2-1301-309 — OK Code / Title 2 / Section 2-1301-309
Renumbered as Section 16-59 of this title by Laws
Status: in_force

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

26, eff. Nov. 1, 2001.
Okla. Stat. tit. 2, § 2-8-36 — OK Code / Title 2 / Section 2-8-36
Penalties
Status: in_force

It shall be unlawful for any person to issue, make, use, or

circulate any certification without the authority and approval of

the Agricultural Experiment Station and the Agricultural Extension

Service of the Oklahoma State University, Division of Agricultural

Sciences and Natural Resources, or its duly authorized agency.

Every person who violates any of the provisions of this subarticle

pertaining to certification shall be guilty of a misdemeanor and

upon conviction thereof shall be fined not less than One Hundred

Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for

each offense.
Okla. Stat. tit. 2, § 2-5-61f — OK Code / Title 2 / Section 2-5-61f
Renumbered as § 14-36 of this title by Laws 2000, c. 243,
Status: in_force

§ 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-17-22 — OK Code / Title 2 / Section 2-17-22
Quo warranto proceedings
Status: in_force

The right of an association claiming to be organized and

incorporated and carrying on its business pursuant to the

Cooperative Marketing Association Act to do and to continue its

business, may be inquired into by quo warranto.
Okla. Stat. tit. 2, § 2-6-520 — OK Code / Title 2 / Section 2-6-520
Short title — Chronic Wasting Disease Genetic Improvement
Status: in_force

Act — Pilot program to enhance genetic durability.

A. This section shall be known and may be cited as the “Chronic

Wasting Disease Genetic Improvement Act”.

B. No later than November 1, 2024, the Oklahoma Department of

Agriculture, Food, and Forestry shall establish a pilot program to

enhance the genetic durability of Oklahoma deer against chronic

wasting disease. Such pilot program shall include, but not be

limited to, the following program characteristics:

1. The Department of Wildlife Conservation will begin

collecting DNA samples to establish a baseline of average genetic

codon markers and genomic breeding values for native, free-ranging

Oklahoma white-tailed deer. For establishing testing locations in

the state, the Department shall use Interstates 35 and 40 as

dividing lines or established Department deer management zones as

published in the current hunting regulations guide;

2. Limit participation in the program to native white-tailed

deer, born and raised in Oklahoma with genetic resistance breeding,

including the SS allele at codon 96, and that surpass the genomic

estimated breeding value cutoff established for the program by the

Oklahoma Department of Agriculture, Food, and Forestry; and

3. Beginning in 2026, during the months of February and March

and through the fifteenth of April, bred female and male deer may be

released.

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

and the Department of Wildlife Conservation may promulgate rules as

needed to implement the provisions of this act.

D. The Department of Wildlife Conservation may charge a one-

time permit fee, which shall not exceed Five Hundred Dollars

($500.00), for citizens purchasing deer as a result of criteria

established in the pilot program.
Okla. Stat. tit. 2, § 2-5-83 — OK Code / Title 2 / Section 2-5-83
Report on diversification of Oklahoma's agriculture
Status: in_force

industry - Alternative agricultural products.

A. The Director of the Cooperative Extension Service shall

submit to the State Department of Agriculture a report on which

products will diversify Oklahoma's agriculture industry on or before

January 1 of each year.

B. Alternative agricultural products under the Oklahoma

Agricultural Linked Deposit Program shall be determined by the State

Board of Agriculture, and shall include, but not be limited to, the

products listed in a report submitted by the Director of the

Cooperative Extension Service to the State Board of Agriculture on

January 1 of each year. The Board shall hold necessary hearings to

gain input from the agricultural community to determine if a product

which is not included in the report from the Cooperative Extension

Service will qualify as an alternative agricultural product.
Okla. Stat. tit. 2, § 2-6-141 — OK Code / Title 2 / Section 2-6-141
Branding and tagging of tubercular cattle
Status: in_force

All livestock or animals found to be affected with tuberculosis,

either by tuberculin test or physical examination by a veterinarian,

shall be branded immediately on the tailhead in capital form with

the Roman letter "T", at least two (2) inches in width and three (3)

inches in length, have a designated metal tag affixed to the left

ear, and shall be considered affected with tuberculosis. The owner

or owners of tuberculosis-affected animals shall permit any

authorized agent or representative of the State Board of Agriculture

or the United States Department of Agriculture or accredited

veterinarian to brand and tag all affected animals.

Oklahoma Statutes - Title 2. Agriculture Page 254
Okla. Stat. tit. 2, § 2-15-9 — OK Code / Title 2 / Section 2-15-9
Notice to allow and pay premiums - Amount - Free admission
Status: in_force

to fair as condition - Premium list.

When directed by a vote of the resident taxpayers, as provided

in Section 15-7 of this title, the county commissioners shall at

their first meeting thereafter, notify the officers of the stock

show or fair association named in the petition that the premiums

shall be allowed and paid to the amount named in the petition and no

more, provided, that admittance is free at all times to the stock

show or fair association at which the premiums are offered. The

commissioners shall determine and notify the association of the

number and amount of premiums to be offered and have a premium list

printed, which shall be furnished free to all interested. The

premiums shall be paid in accordance with the list.
Okla. Stat. tit. 2, § 2-18-181 — OK Code / Title 2 / Section 2-18-181
Sheep and Wool Utilization, Research and Market
Status: in_force

Development Commission.

There shall be re-created, to continue until July 1, 2017, in

accordance with the provisions of the Oklahoma Sunset Law, the Sheep

and Wool Utilization, Research and Market Development Commission for

the utilization, research and market development of sheep and wool

produced in Oklahoma.
Okla. Stat. tit. 2, § 2-15-123 — OK Code / Title 2 / Section 2-15-123
Appropriations by boards of county commissioners
Status: in_force

A. It shall be the mandatory duty of the board of county

commissioners of any counties to include in the estimates of needs

for any such counties for each fiscal year, whether an exposition

and fair is held in such year or not:

Oklahoma Statutes - Title 2. Agriculture Page 570

1. Unless a lesser sum is requested by the board of directors;

and

2. A sum not less than Eight Thousand Dollars ($8,000.00) in

counties having a net assessed valuation, as provided in Section 1,

Chapter 6, Title 19, Oklahoma Session Laws 1943, at the time the

appropriation is made of not less than Thirty-five Million Dollars

($35,000,000.00) and not more than Forty Million Dollars

($40,000,000.00); or a sum of not less than Ten Thousand Dollars

($10,000.00) in counties having such a net assessed valuation at the

time the appropriation is made of more than Forty Million Dollars

($40,000,000.00) but not more than Forty-five Million Dollars

($45,000,000.00); or a sum not less than Twelve Thousand Dollars

($12,000.00) in counties having such a net assessed valuation at the

time the appropriation is made of more than Forty-five Million

Dollars ($45,000,000.00).

B. The money shall be used by the board of directors for:

1. The payment of premiums, salaries, and other expenses

incurred in the management, operation and conducting of a exposition

and fair, including the salary of the secretary-treasurer and office

employees, and secretary's bond premium;

2. The maintenance of buildings and the upkeep of grounds, the

construction of new buildings, or either of such purposes; and

3. Any other expense incidental to the general purposes of this

subsection.

C. The amount appropriated shall be a part of the current

expenses of the county, and it is hereby made the mandatory duty of

the excise board of the county establishing an exposition and fair

to approve the amount so estimated for the purposes by the board of

county commissioners.

D. The miscellaneous income received by the board of directors

during any year shall not be taken into consideration as a part of

the estimated income used in financing the estimated needs of the

county. The estimated needs shall be exclusive of the estimated

miscellaneous income.
Okla. Stat. tit. 2, § 2-18-317 — OK Code / Title 2 / Section 2-18-317
Violations
Status: in_force

Any person violating any of the provisions of the Oklahoma Wheat

Resources Act shall be guilty of a misdemeanor.
Okla. Stat. tit. 2, § 2-6-508 — OK Code / Title 2 / Section 2-6-508
Slaughter of farmed cervidae – Disposition of hides or
Status: in_force

antlers.

A. Owners and operators of licensed farmed cervidae facilities

may slaughter farmed cervidae at any time throughout the year

pursuant to the Exotic Livestock and Exotic Livestock Products

Inspection Act.

B. An owner or operator may slaughter their own farmed cervidae

for personal or noncommercial consumption.

C. Owners and operators of licensed farmed or commercial

cervidae facilities may sell, use, or dispose of hides or antlers

from slaughtered farmed cervidae, provided they comply with all

requirements in rules promulgated by the State Board of Agriculture

with input from the Department of Wildlife Conservation.

D. An owner or operator shall only sell or dispose of antlers

with attached skull plates in the following circumstances:

1. Each set of antlers shall be individually identified with

sufficient documentation linking it to the farmed or commercial

cervidae facility, including, but not limited to, photographs, lock-

on identification tags, DNA testing, or other proof of ownership;

2. In no case shall an owner or operator sell or dispose of

antlers without appropriate documentation; and

3. The owner or operator shall provide a copy of all appropriate

documentation to the purchaser or recipient at the time of sale or

disposal.

E. The sale or disposal of antler sheds or antlers that are

attached to the skull plate shall not be restricted.

F. Facilities shall comply with all carcass disposal

requirements. The following methods may be used for disposal of

carcasses from a farmed cervidae facility:

Oklahoma Statutes - Title 2. Agriculture Page 361

1. Rendering;

2. Landfill;

3. Burial;

4. Incineration; or

5. Composting.
Okla. Stat. tit. 2, § 2-1702 — OK Code / Title 2 / Section 2-1702
Renumbered as § 8-85.2 of this title by Laws 2001, c. 146,
Status: in_force

§ 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-8-77.10 — OK Code / Title 2 / Section 2-8-77.10
Plant nutrient deficiency - Payments
Status: in_force

A. A payment of two (2) times the value of the deficiency or

deficiencies shall be assessed:

1. If the analysis shows that a fertilizer is deficient in one

of its guaranteed primary plant nutrients beyond the investigational

allowances and compensations as established by rules; or

2. If the overall commercial value of the fertilizer is below

the level established by rule, a penalty payment of two (2) times

the value of the deficiency or deficiencies shall be assessed.

B. When a fertilizer is subject to a penalty payment under

subsection A of this section, the larger penalty payment shall

apply.

Oklahoma Statutes - Title 2. Agriculture Page 413

C. All penalty payments assessed under this subsection A of

this section shall be paid by the registrant or licensee to the

consumer of the lot of fertilizer represented by the sample analyzed

within thirty (30) days after the date of notice. Copies of

consumer refund receipts shall be forwarded to the State Board of

Agriculture. If a consumer cannot be found, the penalty shall be

paid and deposited in the State Department of Agriculture Revolving

Fund.

D. A deficiency in an official sample of mixed fertilizer

resulting from non-uniformity is not distinguishable from a

deficiency due to actual plant nutrient shortage and is properly

subject to official action.
Okla. Stat. tit. 2, § 2-5-60.12 — OK Code / Title 2 / Section 2-5-60.12
Definitions
Status: in_force

As used in the Oklahoma Agricultural Commodity 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, 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 an agricultural commodity producers board of a

certified organization or a successor organization;

3. "Certified organization" means the agricultural commodity

entity certified by the Oklahoma Department of Agriculture, Food,

and Forestry to conduct a referendum;

4. "Commissioner" means the Commissioner of the Oklahoma

Department of Agriculture, Food, and Forestry;

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

of a board;

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

association, or any other business entity;

7. "Processor" means a person who:

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;

8. "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;

9. "Successor organization" means the agricultural commodity

entity approved by the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry to succeed an existing statutory

commodity producers board; and

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

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

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

Oklahoma Statutes - Title 2. Agriculture Page 193

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, § 2-9-32 — OK Code / Title 2 / Section 2-9-32
Scales and equipment
Status: in_force

Each warehouseman shall maintain correct and accurate scales and

equipment for weighing and keeping records of all commodities

received.
Okla. Stat. tit. 2, § 2-6-145 — OK Code / Title 2 / Section 2-6-145
Movement of animals into state - Testing – Owner
Status: in_force

responsibilities - Assistance from sheriff - Fees.

Animals shall be moved or allowed to move into the State of

Oklahoma only in accordance with rules promulgated by the State

Board of Agriculture and regulations of the United States Department

of Agriculture. It shall be the duty of each owner or person in

control of animals in this state to present all animals for testing

when notified by the State Veterinarian or the authorized agent of

the State Veterinarian. The owner or person in control of the

animals shall render any assistance in restraining the animals

required by the State Veterinarian or the authorized agent of the

State Veterinarian. If the owner or person in control neglects or

refuses to present the animals for testing or adequately assist in

restraining them, the State Veterinarian or the authorized agent of

the State Veterinarian may call upon the sheriff of the county for

any necessary assistance. The sheriff shall be paid for the work

the same fees as are collected for the execution of a writ of

Oklahoma Statutes - Title 2. Agriculture Page 255

attachment. Unless the fees are paid immediately by the owner or

person in control, the sheriff may seize as many of the animals as

are necessary for the payment of the fees, and after ten (10) days

shall sell the animals to recover the fees and costs accrued.
Okla. Stat. tit. 2, § 2-8-41.7 — OK Code / Title 2 / Section 2-8-41.7
Adulteration
Status: in_force

A commercial feed shall be adulterated if:

Oklahoma Statutes - Title 2. Agriculture Page 400

1. a. it contains any poisonous or deleterious substance

which may render it injurious to health. If the

substance is not an added substance, the commercial

feed shall not be considered adulterated under this

subsection if the quantity of the substance in the

commercial feed does not ordinarily render it

injurious to health when utilized according to label

and/or labeling directions, or

b. it contains any added poisonous, added deleterious, or

added nonnutritive substance which is unsafe within

the meaning of Section 406 of the Federal Food, Drug,

and Cosmetic Act other than one which is:

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

commodity; or

(2) a food additive, or

c. it is, or contains, any food additive which is unsafe

within the meaning of Section 409 of the Federal Food,

Drug, and Cosmetic Act, or

d. it is a raw agricultural commodity and it bears or

contains a pesticide chemical which is unsafe within

the meaning of Section 408(a) of the Federal Food,

Drug, and Cosmetic Act. Provided, that where a

pesticide chemical has been used in or on a raw

agricultural commodity pursuant to an exemption or a

tolerance under Section 408 of the Federal Food, Drug,

and Cosmetic Act and the raw agricultural commodity has

been subjected to processing similar to canning,

cooking, freezing, dehydrating, or milling, the residue

of the pesticide chemical remaining in or on the

processed feed shall not be deemed unsafe if:

(1) the residue has been removed to the extent

possible in good manufacturing practice, and

(2) the concentration of the residue in the processed

feed is not greater than the tolerance prescribed for

the raw agricultural commodity unless the feeding of

the processed feed will result or is likely to result

in a pesticide residue in the edible product of the

animal, which is unsafe within the meaning of Section

408(a) of the Federal Food, Drug, and Cosmetic Act, or

e. it is or contains any color additive which is unsafe

within the meaning of Section 706 of the Federal Food,

Drug, and Cosmetic Act;

2. Any valuable constituent has been in whole or in part

omitted or abstracted or any less valuable substance substituted;

3. Its composition or quality falls below or differs from that

which it is purported or is represented to possess by its labeling;

Oklahoma Statutes - Title 2. Agriculture Page 401

4. It contains a drug and the methods used in or the facilities

or controls used for its manufacture, processing, or packaging do

not conform to current good manufacturing practice rules promulgated

by the State Board of Agriculture to assure that the drug meets the

requirement of this subarticle as to safety and has the identity and

strength and meets the quality and purity characteristics which it

purports or is represented to possess. In promulgating the rules,

the Board shall adopt the current good manufacturing practice

regulations for medicated feed premixes and for medicated feeds

established under authority of the Federal Food, Drug, and Cosmetic

Act, unless the Board determines that they are not appropriate to

the conditions which exist in this state; or

5. If it contains viable weed seeds in amounts exceeding the

limits the Board shall establish.
Okla. Stat. tit. 2, § 2-6-190 — OK Code / Title 2 / Section 2-6-190
Compliance with act - Acts prohibited
Status: in_force

No person, firm or corporation shall, with respect to any

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

or any carcasses, parts of carcasses, meat or meat food products of

any such animals:

(a) Slaughter any such animals or prepare any such articles

which are capable of use as human food at any establishment

Oklahoma Statutes - Title 2. Agriculture Page 269

preparing such articles for intrastate commerce, except in

compliance with the requirements of this act. Any person who

violates the provisions of this paragraph 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) Slaughter or handle in connection with slaughter any such

animals in any manner not in accordance with Section 6-183 of this

title. Any person who violates the provisions of this paragraph

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;

(c) Sell, transport, offer for sale or transportation, or

receive for transportation, in intrastate commerce, (1) any such

articles which (A) are capable of use as human food, and (B) are

adulterated or misbranded at the time of such sale, transportation,

offer for sale or transportation, or receipt for transportation; or

(2) any articles required to be inspected under Sections 6-181

through 6-196 of this title unless they have been so inspected and

passed;

(d) Do, with respect to any such articles which are capable of

use as human food, any act while they are being transported in

intrastate commerce or held for sale after such transportation,

which is intended to cause or has the effect of causing such

articles to be adulterated or misbranded.
Okla. Stat. tit. 2, § 2-15-78 — OK Code / Title 2 / Section 2-15-78
Effect on existing laws
Status: in_force

It is hereby expressly provided that the provisions of this

article shall not repeal or modify existing laws relative to free

fairs.
Okla. Stat. tit. 2, § 2-6-602 — OK Code / Title 2 / Section 2-6-602
Purpose
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 365

The purpose of the Feral Swine Control Act is to provide

aggressive measures to reduce the number of feral swine in Oklahoma.

Feral swine are a nonnative invasive species in Oklahoma that are

detrimental to the natural resources of Oklahoma and agriculture

production, and a disease risk. As the feral swine population

increases, the citizens of Oklahoma continue to see increased damage

to crops, livestock, and wildlife habitat. As carriers of diseases

like brucellosis, pseudorabies, tuberculosis, anthrax, and

trichinosis, feral swine pose an increasing health risk to humans,

livestock, companion animals, pets, and native wildlife.
Okla. Stat. tit. 2, § 2-4-2 — OK Code / Title 2 / Section 2-4-2
Definitions
Status: in_force

For the purposes of this article:

1. "Animal" or "livestock" means any cattle, horse, or mule;

2. "Brand" means a permanent identification mark of which the

letters, numbers, and figures used are each three (3) inches or more

in length or diameter and are impressed into the hide of a live

animal either with a hot iron or by the process commonly referred to

as "cold" or "freeze" branding, and includes the location on the

animal. The term means both the mark and location;

3. "Organization" means a statewide livestock organization; and

4. "Statewide livestock organization" means an organization

headquartered in the State of Oklahoma that represents the majority

of livestock producers in Oklahoma.
Okla. Stat. tit. 2, § 2-3-82C — OK Code / Title 2 / Section 2-3-82C
Insurance requirements
Status: in_force

A. The Board shall not issue a commercial applicator's license

until the applicant has furnished evidence of an insurance policy or

certificate by an insurer or broker authorized to do business in

this state insuring the commercial applicator and any agents against

liability resulting from the operations of the commercial

applicator. The insurance shall not be applied to damage or injury

to agricultural crops, plants, or land being worked upon by the

commercial applicator.

Oklahoma Statutes - Title 2. Agriculture Page 122

B. The amount of liability shall not be less than that set by

the Board for each property damage arising out of actual use of any

pesticide. The liability shall be maintained at not less than that

sum at all times during the licensing period. The Board shall be

notified fifteen (15) days prior to any reduction in liability.

C. If the furnished liability becomes unsatisfactory, the

applicant shall immediately execute new liability upon notice from

the Board. If new liability is not immediately obtained, the Board

shall, upon notice, cancel the license. It shall be unlawful for

the person to engage in the business of applying pesticides until

the liability is brought into compliance and the license reinstated.
Okla. Stat. tit. 2, § 2-1301-310.2 — OK Code / Title 2 / Section 2-1301-310.2
Renumbered as Section 16-62 of this title by Laws
Status: in_force

2001, c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-5-501 — OK Code / Title 2 / Section 2-5-501
Short title
Status: in_force

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

AgrAbility Project Act”.
Okla. Stat. tit. 2, § 2-15-61 — OK Code / Title 2 / Section 2-15-61
Township fairs - Cooperation with agricultural extension
Status: in_force

forces - Determination of number, time and place - Management -

Selection and transportation of county fair exhibits.

A. The township fair shall be the unit of the free fair plan,

and the county fair association shall cooperate with the state and

federal agricultural extension forces in organizing boys' and girls'

clubs, cooperative marketing associations, livestock improvement

associations and such other agricultural organizations as are deemed

advisable by the executive board.

B. The executive board:

1. Shall determine the number of township fairs and county or

township livestock shows and other agricultural shows, to be held;

2. Shall fix the time and place of holding the fairs and shows;

and

3. May provide that two or more townships or communities within

the county may combine their exhibits in one township fair.

C. The management of the township fairs shall be under the

direction of the township members and the secretary of the county

fair association, who:

1. Must observe the rules of the executive board;

2. Shall select exhibits for the county fair; and

3. Shall transport the exhibits to the county fair.
Okla. Stat. tit. 2, § 2-3-50.3 — OK Code / Title 2 / Section 2-3-50.3
Definitions
Status: in_force

As used in the Boll Weevil Eradication Act:

Oklahoma Statutes - Title 2. Agriculture Page 98

1. "Board of directors" means the board of directors of the

Oklahoma Boll Weevil Eradication Organization elected pursuant to

the provisions of the Boll Weevil Eradication Act;

2. "Boll weevil" means the insect Anthonomus grandis Boheman,

in any stage of development, including the egg, larval, pupal and

adult stages;

3. "Commissioner" means the Commissioner of the Oklahoma

Department of Agriculture, Food, and Forestry or designee;

4. "Cotton" means a cotton plant or any part of it including

bolls, stalk, flowers, root, or leaves or cotton products such as

seed cotton, cottonseed, and hulls;

5. "Eligible cotton grower" means any person actively engaged

in the production of cotton either currently or in any two (2) of

the three (3) years immediately preceding the calling of an election

or a referendum;

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

Food, and Forestry;

7. “Eradicated area” means an area free of boll weevil;

8. "Host" means any plant or plant product in which the boll

weevil is capable of completing any portion of its life cycle;

9. "Infested" means the presence of the boll weevil in any life

stage or the existence of circumstances that make it reasonable to

believe that the boll weevil is present;

10. "Organization" means the Oklahoma Boll Weevil Eradication

Organization established pursuant to the provisions of the Boll

Weevil Eradication Act;

11. "Regulated article" means any article carrying or capable

of carrying the boll weevil, including but not limited to cotton

plants, seed cotton, gin trash, other hosts, or cotton harvesting

equipment; and

12. “Quarantined area” means any area or part of the state

designated as quarantined by the State Board of Agriculture at the

request of the Oklahoma Boll Weevil Eradication Organization.
Okla. Stat. tit. 2, § 2-16-70 — OK Code / Title 2 / Section 2-16-70
Management to be for public interest
Status: in_force

All state forests, all programs in management, nursery

production, reforestation, urban forestry, educational activities,

and other forestry endeavors of the Forestry Division shall be

managed and administered by the State Board of Agriculture in the

interest of the public. If the public interests are not already

safeguarded and clearly defined by law or by rules adopted by the

state agencies authorized by law to administer the lands, or in the

papers formally transferring the projects to the Board for

administration, then, and in that event, the Board may promulgate

rules defining the purpose of the project.
Okla. Stat. tit. 2, § 2-4012 — OK Code / Title 2 / Section 2-4012
Revenue bonds not to be considered debt of the state
Status: in_force

Revenue bonds of the Oklahoma State University Veterinary

Medicine Authority issued pursuant to the provisions of the Oklahoma

State University Veterinary Medicine Authority shall not constitute

a debt of the state or of any political subdivision thereof, or a

pledge of the full faith and credit of the state, or of any

political subdivision thereof, but such bonds shall be payable

solely from the funds provided therefor. The forms of the bonds so

issued shall contain on the face thereof a statement to the effect

that neither the state nor the Authority shall be obligated to pay

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

Authority pledged to the payment of such bonds and that neither the

Oklahoma Statutes - Title 2. Agriculture Page 784

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

subdivision thereof is pledged, or may hereafter be pledged, to the

payment of the principal of or interest on such bonds. The bonds so

issued shall be exempt from taxation by the State of Oklahoma and

any political subdivision thereof, including the income therefrom,

and any gain from the sale thereof.
Okla. Stat. tit. 2, § 2-5-4.4 — OK Code / Title 2 / Section 2-5-4.4
Reported foodborne illness – Investigation by State
Status: in_force

Department of Health.

Nothing in the Homemade Food Freedom Act shall be construed to

impede the State Department of Health in any investigation of a

reported foodborne illness. Upon receipt of a consumer complaint,

the Oklahoma Department of Agriculture, Food, and Forestry shall

have the authority to request proof of completion of the food safety

training, verify a producer's gross sales, and ensure a producer has

complied with the act's labeling and delivery requirements. The

Oklahoma Department of Agriculture, Food, and Forestry may fine a

producer who violates this act in accordance with Section 5-4.5 of

this title.
Okla. Stat. tit. 2, § 2-5-60.22 — OK Code / Title 2 / Section 2-5-60.22
Board elections
Status: in_force

A certified organization shall conduct elections for the purpose

of electing members to the board on a schedule listed in the bylaws

of the certified organization. The board shall give notice and hold

the election in accordance with the applicable provisions of the

Oklahoma Agricultural Commodity Act relating to the initial election

and, to the extent necessary, in accordance with the rules of the

Oklahoma Department of Agriculture, Food, and Forestry.
Okla. Stat. tit. 2, § 2-15-84 — OK Code / Title 2 / Section 2-15-84
County bond issues for purchase and improvement of lands
Status: in_force

and construction of buildings.

All counties in the State of Oklahoma are hereby authorized to

issue bonds for the purpose of purchasing lands, improving such

lands, and constructing buildings thereon for free fair purposes.
Okla. Stat. tit. 2, § 2-11-96 — OK Code / Title 2 / Section 2-11-96
Sales tax permit required
Status: in_force

A. Any person, firm or corporation desiring to become a scrap

metal dealer shall be required to obtain a sales tax permit as

provided by Section 1364 of Title 68 of the Oklahoma Statutes, from

the Oklahoma Tax Commission, for each scrap metal yard owned or

operated by such person, firm or corporation.

B. The Tax Commission shall maintain a list of scrap metal

dealers to whom sales tax permits have been issued and such list

shall be made available for public inspection.

C. The Tax Commission shall not deny any person, firm or

corporation desiring a sales tax permit for the purpose of scrap

metal dealing due to insufficient quantity or dollar value of sales

necessary to warrant such permit.

D. The Tax Commission is authorized to promulgate any rules

necessary to implement the provisions of this act.
Okla. Stat. tit. 2, § 2-3-117.1 — OK Code / Title 2 / Section 2-3-117.1
Requirements for transport of bees into state
Status: in_force

A. Prior to entry into Oklahoma all migratory beekeepers and

persons shipping or transporting bees into Oklahoma shall provide

Oklahoma Statutes - Title 2. Agriculture Page 145

the following to the Oklahoma Department of Agriculture, Food, and

Forestry:

1. Information required on an entry form prescribed by the

Department;

2. An entry inspection fee as established by the Department;

and

3. A copy of the certificate of inspection issued from the

state of origin.

B. All persons shipping or transporting bees into Oklahoma for

sale shall also provide the purchaser with a copy of the certificate

of inspection issued from the state of origin.

C. Except for persons in subsection B of this section, all

other persons transporting bees into the state shall be required to

retain a copy of the certificate of inspection for the duration that

the bees remain in Oklahoma and shall be able to present the

certificate of inspection upon request by the Department.

D. The Department may inspect any bees or vehicles transporting

bees entering the state at any time.
Okla. Stat. tit. 2, § 2-14-4 — OK Code / Title 2 / Section 2-14-4
General control - Seal
Status: in_force

The Bureau of Standards shall be available to all state

departments, municipal and private corporations, and citizens of

this state. The Bureau shall be the highest official authority with

regard to standards of weights, measures, and testing devices, and

methods of weighing, measuring, and testing for this state. The

findings of the Bureau of Standards in any case or question shall be

considered prima facie evidence of the correctness of the case or

question. All officers enforcing the standards for weights,

measures, and testing devices in this state shall submit their

weighing, measuring, and testing devices to the State Bureau of

Standards at those periods determined by the Director of the Bureau

of Standards for certification and seal.
Okla. Stat. tit. 2, § 2-2-5 — OK Code / Title 2 / Section 2-2-5
Official agency
Status: in_force

Except for matters which have been expressly delegated to

another state agency, the State Board of Agriculture shall be the

official agency of the State of Oklahoma in the relations of this

state with the United States Department of Agriculture, any other

federal agency, or any agency or person of this or another state on

matters pertaining to sampling, inspection, and grading of

agricultural products, and other regulatory matters in the field of

agriculture.

Oklahoma Statutes - Title 2. Agriculture Page 50
Okla. Stat. tit. 2, § 2-5-19 — OK Code / Title 2 / Section 2-5-19
Definitions
Status: in_force

As used in the Farmers Market Liability Limitation Act:

1. "Farmers market" means a market that is registered with the

Oklahoma Department of Agriculture, Food, and Forestry;

2. "Farmers Market Operator" means the person who promotes or

manages the activities at a farmers market registered with the

Department; and

3. "Participant" means any person who attends a farmers market

or who sells, purchases or consumes any products offered or sold at

a farmers market.
Okla. Stat. tit. 2, § 2-9-38 — OK Code / Title 2 / Section 2-9-38
Rulemaking - Conformity with federal act
Status: in_force

A. The State Board of Agriculture shall promulgate rules

necessary to carry out the provisions of the Public Warehouse and

Commodity Indemnity Act.

B. The rules shall conform as nearly as practicable to the

requirements of the United States Warehouse Act, as amended, its

successor and any regulations developed thereunder.
Okla. Stat. tit. 2, § 2-16-69 — OK Code / Title 2 / Section 2-16-69
State tree - Redbud
Status: in_force

The redbud tree shall be adopted and the same be made the

official tree of this state.
Okla. Stat. tit. 2, § 2-1301-102 — OK Code / Title 2 / Section 2-1301-102
Renumbered as Section 16-2 of this title by Laws 2001,
Status: in_force

c. 113, § 56, emerg. eff. April 18, 2001.
Okla. Stat. tit. 2, § 2-3-50.10 — OK Code / Title 2 / Section 2-3-50.10
Boll Weevil Eradication Fund
Status: in_force

A. There is hereby created the Boll Weevil Eradication Fund.

The Boll Weevil Eradication Fund shall be administered by the board

of directors for the benefit of the cotton growers in this state to

eradicate and ensure the long-term eradication and control of boll

weevils. The Boll Weevil Eradication Fund shall be established and

maintained in a bank or other depository approved by the

Commissioner.

B. The Boll Weevil Eradication Fund shall consist of:

1. All monies received by the board of directors as proceeds

from the assessment imposed pursuant to the Boll Weevil Eradication

Act;

2. Interest attributable to investment of money in the Boll

Weevil Eradication Fund; and

3. Monies received by the board of directors in the form of

gifts, grants, reimbursements, or from any other source designated

by law for deposit to the Boll Weevil Eradication Fund.

C. The monies deposited in the Boll Weevil Eradication Fund,

including emergency contingency funding for posteradication

infestation, shall at no time become monies of the state.

Oklahoma Statutes - Title 2. Agriculture Page 108

D. Monies in the Boll Weevil Eradication Fund shall only be

expended for:

1. Implementation and management of the Boll Weevil Eradication

Act; and

2. Costs incurred by the board of directors and the State Board

of Agriculture for the administration of the Boll Weevil Eradication

Act.

E. Any debts or obligations of the organization shall not

become or be construed to be obligations of the Oklahoma Department

of Agriculture, Food, and Forestry or this state.
Okla. Stat. tit. 2, § 2-3-408 — OK Code / Title 2 / Section 2-3-408
Causes to deny, revoke or suspend a license
Status: in_force

A. The Department may deny, revoke or suspend a license if the

licensee:

1. Violates any provision of the Oklahoma Industrial Hemp

Program or rules adopted pursuant to the program;

2. Engages in fraud or deception in the procurement of or

attempt to procure a license under the Oklahoma Industrial Hemp

Program or provides false information on a license application;

3. Refuses or fails to cooperate and assist the Department with

the inspection process;

4. Refuses or fails to provide any information required or

requested by the Department for purposes of the Oklahoma Industrial

Hemp Program;

5. Knowingly provides false, misleading or incorrect

information pertaining to the licensee’s cultivation, handling or

processing of industrial hemp to the Department by any means,

including information provided in any application form, report,

record or inspection required or maintained for purposes of the

Oklahoma Industrial Hemp Program;

6. Fails to submit any report required by the Oklahoma

Industrial Hemp Program; or

7. Fails to pay fees required by the Oklahoma Industrial Hemp

Program.

B. 1. If a sample of a licensee’s industrial hemp tests higher

than three-tenths of one percent (0.3%) but less than one percent

(1.0%) on a dry-weight basis for total delta-9 tetrahydrocannabinol

concentration, the licensee shall not be subject to any penalty

under the Oklahoma Industrial Hemp Program if the crop is destroyed

or remediated.

2. A licensee that negligently violates the provisions of the

Oklahoma Industrial Hemp Program three times in any five-year period

shall be ineligible to obtain a license pursuant to the Oklahoma

Industrial Hemp Program for a period of five (5) years beginning on

the date of the third violation.

C. Any person convicted of a felony relating to a controlled

substance under state or federal law shall be ineligible during the

ten-year period following the date of conviction to participate in

this program.
Okla. Stat. tit. 2, § 2-18-195 — OK Code / Title 2 / Section 2-18-195
Cooperation with other organizations
Status: in_force

The Sheep and Wool Utilization, Research and Market Development

Commission may cooperate with and enter into contracts with proper

local, state or national organizations, public or private, in

carrying out the purposes of the Oklahoma Sheep and Wool Producers

Act.
Okla. Stat. tit. 2, § 2-11-90 — OK Code / Title 2 / Section 2-11-90
Short title - Oklahoma Scrap Metal Dealers Act
Status: in_force

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

Metal Dealers Act".
Okla. Stat. tit. 2, § 2-73 — OK Code / Title 2 / Section 2-73
Renumbered as § 15-23 of this title by Laws 2001, c. 146, §
Status: in_force

268, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-280.6 — OK Code / Title 2 / Section 2-6-280.6
Processing plants and equipment - Approval -
Status: in_force

Application - Inspection - Compliance with act.

A. On and after September 1, 1989:

1. Prior to slaughtering any rabbit or processing any rabbit

products at any plant, a person owning or operating such plant shall

have the plant approved by the Department.

Oklahoma Statutes - Title 2. Agriculture Page 313

2. To receive plant approval, a person shall make application

to the State Board of Agriculture. As part of the application, the

person shall agree to comply with the terms and conditions of the

Oklahoma Rabbit and Rabbit Products Inspection Act and any

applicable regulations promulgated thereto.

3. Prior to any such approval, the plant and plant equipment

shall be inspected by the Department of Agriculture.

4. Upon the approval of the plant and plant equipment by the

Department, the plant shall be considered an official plant.

5. No rabbits affected with any disease transmissible to man

shall be slaughtered in any official establishment.

B. No establishment or plant processing rabbits or rabbit

products solely for intrastate commerce shall process any rabbits or

rabbit product capable of use as human food except in compliance

with the requirements of the Oklahoma Rabbit and Rabbit Products

Inspection Act.
Okla. Stat. tit. 2, § 2-6-147 — OK Code / Title 2 / Section 2-6-147
Classification - Slaughtering
Status: in_force

All animals classified as reactors for tuberculosis shall be

slaughtered within fifteen (15) days following the date of

classification.
Okla. Stat. tit. 2, § 2-96 — OK Code / Title 2 / Section 2-96
Renumbered as § 15-57 of this title by Laws 2001, c. 146, §
Status: in_force

269, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-11-39 — OK Code / Title 2 / Section 2-11-39
Confidential business information - Trade secrets -
Status: in_force

Competitive harm.

A. In submitting information pursuant to the Oklahoma

Agriculture Biotechnology Act, an applicant for a permit may

designate as "confidential" any portions of the information that the

applicant believes are entitled to treatment as confidential

business information. A designation of confidentiality shall be

made in writing and in a manner as the State Board of Agriculture

may prescribe. Information designated as "confidential" may be

submitted separately from other material submitted.

B. Information that would be protected from disclosure under

the federal Freedom of Information Act will be classified as

Confidential Business Information (CBI). This includes trade

secrets and commercial or financial information found to be

confidential.

C. Documents containing trade secrets which the person

submitting asserts are trade secrets will be deemed CBI. "Trade

secrets" means information relating to the production process. This

includes production data, formulas, and processes and quality

control tests and data, as well as research methodology and data

Oklahoma Statutes - Title 2. Agriculture Page 499

generated in the development of the production process. This

information must be:

1. Commercially valuable;

2. Used in one's business; and

3. Maintained in secrecy.

D. Documents containing commercial or financial information

will be confidential if a review establishes that substantial

competitive harm would result from disclosure. Information such as

safety data, efficacy or potency data, and environmental data may be

confidential information. Persons desiring protection for

confidential information must submit a detailed statement containing

facts to show that the person faces active competition in the area

to which the information relates, and that substantial competitive

harm would result from disclosure.

E. The applicant may withdraw the application at any time by

providing written notice to the Board. If the application is

withdrawn, all confidential business information shall be returned

to the applicant and shall not be disclosed.

F. Except as provided in the Oklahoma Agriculture Biotechnology

Act, no person shall reveal or use for a person’s own benefit any

confidential business information received pursuant to the Oklahoma

Agriculture Biotechnology Act.
Okla. Stat. tit. 2, § 2-5-112 — OK Code / Title 2 / Section 2-5-112
Standard of care for producer of livestock - Rebuttable
Status: in_force

presumption.

A. If an action against a producer of livestock arises as a

result of consumption of a meat food product, there shall be a

rebuttable presumption that the producer of livestock met the

standard of ordinary care in the production of that livestock, so

long as the livestock in question were inspected and passed in

accordance with the provisions contained in the Oklahoma Meat

Inspection Act, Oklahoma Poultry Products Inspection Act, Oklahoma

Rabbit and Rabbit Products Inspection Act, and Exotic Livestock and

Exotic Livestock Products Inspection Act.

B. In no event shall a producer of livestock in an action

arising as a result of consumption of a meat food product be held to

a standard higher than that of ordinary care if the livestock in

question had been inspected and passed in accordance with the

provisions contained in the Oklahoma Meat Inspection Act, Oklahoma

Poultry Products Inspection Act, Oklahoma Rabbit and Rabbit Products

Inspection Act, and Exotic Livestock and Exotic Livestock Products

Inspection Act.
Okla. Stat. tit. 2, § 2-72 — OK Code / Title 2 / Section 2-72
Renumbered as § 15-22 of this title by Laws 2001, c. 146, §
Status: in_force

268, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-5-204 — OK Code / Title 2 / Section 2-5-204
Healthy Food Financing Revolving Fund
Status: reserved

There is hereby created in the State Treasury a revolving fund

to be designated the “Healthy Food Financing 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 for the Healthy Food Financing Act from any

state-appropriated funds, federal funds, donations, grants,

contributions and gifts from any public or private source. 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 purposes set forth in the Healthy Food Financing Act. No

more than ten percent (10%) of the fund expenditures shall be

reserved for administrative and operational costs to manage the

program, unless those costs are provided from other budgets or in-

kind resources.
Okla. Stat. tit. 2, § 2-5-62.1 — OK Code / Title 2 / Section 2-5-62.1
Renumbered as § 14-61 of this title by Laws 2000, c
Status: in_force

243, § 126, emerg. eff. May 24, 2000.
Okla. Stat. tit. 2, § 2-1708 — OK Code / Title 2 / Section 2-1708
Renumbered as § 8-85.8 of this title by Laws 2001, c. 146,
Status: in_force

§ 255, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-9-209.1 — OK Code / Title 2 / Section 2-9-209.1
Renumbered as § 20-17 of this title by Laws 2005, c
Status: in_force

292, § 25, eff. July 1, 2005.
Okla. Stat. tit. 2, § 2-15-8 — OK Code / Title 2 / Section 2-15-8
Special election - Petition - Management of fair
Status: in_force

Oklahoma Statutes - Title 2. Agriculture Page 538

The petition to the county commissioners shall name the stock

show or fair association that the petitioners desire to manage the

stock show or fair.
Okla. Stat. tit. 2, § 2-3002 — OK Code / Title 2 / Section 2-3002
Renumbered as § 5-92 of this title by Laws 2001, c. 146, §
Status: in_force

262, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-3-101 — OK Code / Title 2 / Section 2-3-101
Enforcement of act - Powers of Board
Status: in_force

A. The State Board of Agriculture or its authorized agents

shall have the authority to enter any premises or mode of

transportation during reasonable hours for the purpose of

implementing the Oklahoma Apiary Act or rules promulgated pursuant

thereto.

B. The Board or its authorized agents shall have the authority

to carry out all necessary and proper actions to determine

compliance with the Oklahoma Apiary Act including, but not limited

to, conducting investigations, opening any bundle, package, or

container, examining and making photocopies of records or documents,

examining devices, collecting and submitting samples for analysis,

issuing any order to destroy infected or infested bees or apiary

equipment, and removing or destroying bees, hives or other articles

as deemed necessary by the Board.

C. The Board is authorized to promulgate rules necessary,

expedient, or appropriate for the performance, enforcement, or

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

the Oklahoma Apiary Act, including the establishment of fees. All

fees shall be fair and equitable to all parties concerned. Any

rules shall be promulgated pursuant to the Administrative Procedures

Act.

D. The Board shall have the authority to:

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

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

issued pursuant to the provisions of the Oklahoma Apiary Act;

2. Issue certificates of inspection;

3. Issue entry permits to any person transporting bees or

apiary equipment into this state;

4. Investigate complaints and violations of the Oklahoma Apiary

Act and rules promulgated pursuant thereto;

5. Issue quarantines, initiate control measures, confiscate,

and destroy apiaries, bees, colonies, or hives that present a danger

to the public safety or welfare; and

6. Exercise all incidental powers as necessary and proper to

implement and enforce the provisions of the Oklahoma Apiary Act and

the rules of the Board promulgated pursuant thereto.

Oklahoma Statutes - Title 2. Agriculture Page 142
Okla. Stat. tit. 2, § 2-2-17.1 — OK Code / Title 2 / Section 2-2-17.1
False statements, etc. to Department – Rendering
Status: in_force

inaccurate any monitoring or measuring device – Penalties.

In addition to other penalties as may be imposed by law, it is a

violation of the Oklahoma Agricultural Code for any person to

knowingly make or provide any false statement, representation, or

certification to the Oklahoma Department of Agriculture, Food, and

Forestry or to knowingly render inaccurate any monitoring or

measuring device or information thereof.
Okla. Stat. tit. 2, § 2-6-92 — OK Code / Title 2 / Section 2-6-92
Official test
Status: in_force

A. The official test for brucellosis shall be any serologic or

bacteriologic test recognized by and listed in the United States

Department of Agriculture Uniform Methods and Rules of Brucellosis

Eradication or listed in the Code of Federal Regulations. An

official test must be conducted at a laboratory approved for

brucellosis testing by the State Board of Agriculture and the United

States Department of Agriculture.

B. The blood sample for brucellosis tests shall be drawn by a

person approved by the Board. Accredited veterinarians licensed to

practice in this state may be granted a certificate by the State

Veterinarian to conduct brucellosis tests at approved livestock

market laboratories.

C. All blood tests shall be confirmed by samples tested at the

laboratory approved for official testing by the Board and the United

States Department of Agriculture.
Okla. Stat. tit. 2, § 2-1513 — OK Code / Title 2 / Section 2-1513
Renumbered as § 18-193 of this title by Laws 2001, c. 146,
Status: in_force

§ 253, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-4004 — OK Code / Title 2 / Section 2-4004
Hospitals to be operated as animal hospitals or clinics —
Status: in_force

Waiver — Teaching and training facilities.

A. Any hospital or clinic purchased, leased or constructed by

the Oklahoma State University Veterinary Medicine Authority shall be

operated as an animal hospital or clinic and shall be licensed or

accredited by the appropriate entities. Provided, the Secretary of

Agriculture may waive any such standards, requirements, and

essentials as the Secretary deems necessary.

B. Any such animal hospital or clinic may provide services and

receive payments from animal health care insurance companies and any

state or federal reimbursement programs.

C. Any such animal hospital or clinic shall be available as

teaching and training facilities for the Oklahoma State University

College of Veterinary Medicine, for other animal patient and

educational facilities, and may also provide animal patient care for

research purposes.
Okla. Stat. tit. 2, § 2-1103 — OK Code / Title 2 / Section 2-1103
Renumbered as § 18-52 of this title by Laws 2001, c. 146,
Status: in_force

§ 251, emerg. eff. April 30, 2001.
Okla. Stat. tit. 2, § 2-6-290.6 — OK Code / Title 2 / Section 2-6-290.6
Operation of slaughtering plant - Approval of plant -
Status: in_force

Compliance with act.

A. On and after September 1, 1991:

1. Prior to slaughtering any exotic livestock or processing any

exotic livestock products at any plant, a person owning or operating

such plant shall have the plant approved by the Department.

2. To receive plant approval, a person shall make application

to the State Board of Agriculture. As part of the application, the

person shall agree to comply with the terms and conditions of the

Exotic Livestock and Exotic Livestock Products Inspection Act and

any applicable regulations promulgated thereto.

3. Prior to any such approval, the plant and plant equipment

shall be inspected by the Department of Agriculture.

4. Upon the approval of the plant and plant equipment by the

Department, the plant shall be considered an official plant.

B. No establishment or plant processing exotic livestock or

exotic livestock products shall process any exotic livestock or

exotic livestock product capable of use as human food except in

compliance with the requirements of the Exotic Livestock and Exotic

Livestock Products Inspection Act.
Okla. Stat. tit. 2, § 2-5-4.1 — OK Code / Title 2 / Section 2-5-4.1
Short title - Homemade Food Freedom Act
Status: in_force

This act shall be known and may be cited as the "Homemade Food

Freedom Act".
Okla. Stat. tit. 2, § 2-14-37 — OK Code / Title 2 / Section 2-14-37
Enforcement of regulations
Status: in_force

When necessary for the enforcement of this article or rules

promulgated pursuant thereto, the State Board of Agriculture may:

1. Issue stop-use, hold, and removal orders for any weights and

measures commercially used, and issue stop-sale, hold, and removal

orders for any packaged commodities or bulk commodities kept,

offered, or exposed for sale; and

2. Seize for use as evidence any incorrect or unapproved

weight, measure, package, or commodity used, retained, offered, or

exposed for sale or sold in violation of this article or rules

promulgated pursuant thereto.
Okla. Stat. tit. 2, § 2-131.3A — OK Code / Title 2 / Section 2-131.3A
Renumbered as § 15-113 of this title by Laws 2001, c
Status: in_force

146, § 270, emerg. eff. April 30, 2001.