reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-16. Officers.

A. The officers of each association established pursuant to the Cooperative Marketing Association Act shall be a president, one or more vice-presidents, a secretary and a treasurer and other officers as may be authorized in the bylaws.
B. The president and at least one of the vice-presidents must be directors of the association, unless the bylaws of the association provide to the contrary.
C. The office of secretary and treasurer may be combined.
D. Officers shall be elected by the directors in the manner and for terms as provided by the bylaws.
Added by Laws 1937, p. 266, § 16. Amended by Laws 1986, c. 36, § 1, emerg. eff. March 24, 1986; Laws 2001, c. 38, § 16, eff. Nov. 1, 2001. Renumbered from § 361o of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-17. Contracts as condition of membership - Title to products - Withdrawal of members - Filing of contracts - Fees - Termination certificate.

A. 1. Members may be required to execute contracts as a condition of admission to the association, whereby the members agree to:
a.
patronize the facilities created by the association,
b.
sell all or a specified part of their products to or through, or
c.
buy all or a specified part of their supplies from or through, the association or any facilities created by it.
2. If the members in the association contract a sale to or through the association the fact that for certain purposes the relation between the association and its members may be one of agency shall not prevent the passage from the member to the association of absolute and exclusive title to the products which are the subject matter of the contract. The title shall pass to the association upon delivery of the product or at any other specified time which may be expressly and distinctly agreed upon in the contract, subject to previously existing liens.
3. In the case of contracts with members who are natural persons, if the period of the contract exceeds three (3) years, the contracts executed thereunder shall specify a reasonable period in each year during which the member by giving to the association reasonable notice as may be prescribed in the contract may withdraw and be released from the obligations under the contract, subject to liability already incurred by the member as a member of the association.
4. In the absence of a provision for notice or withdrawal in the contract a member who is a natural person may withdraw at any time after three (3) years subject to liabilities already incurred.
B. 1. The association may cause the original of a contract or an authenticated copy of the contract to be filed in the office of the county clerk of the county in which the products described in the contract, or any part of the contract, are or will at some future time be situated. The contracts shall describe the property or services affected, the manner in which they are affected, and the time for which they are affected and shall state the names and residences of the parties to the contract.
2. The fees for filing the contracts shall be twenty-five cents ($0.25) for each contract, except that when an association files more than one contract in a county which are substantially the same except for the signature of one of the parties the filing fee shall be twenty-five cents ($0.25) for the first contract and five cents ($0.05) for each similar contract.
C. Whenever a contract terminates, the association shall on demand give to the member a certificate to that effect. The certificate may be filed with the county clerk. The county clerk shall be entitled to the same filing fees pursuant to this subsection as in the case of chattel mortgages.
Added by Laws 1937, p. 266, § 17. Amended by Laws 2001, c. 38, § 17, eff. Nov. 1, 2001. Renumbered from § 361p of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-18. Election of existing associations to come under act.

A. By complying with the provisions of this section, any association, organized pursuant to any previously existing statutes, may elect, by vote of its members as provided in its Articles of Incorporation and bylaws for the amendment of its Articles of Incorporation and bylaws, to be brought under the provisions of the Cooperative Marketing Association Act.
B. A statement, signed and sworn to by its directors to the effect that the corporation or association has elected to adopt the benefits and be bound by the provisions of the Cooperative Marketing Association Act and has duly authorized all changes accordingly, shall be filed as required for the filing of an amendment to the Articles of Incorporation.
C. The same fee shall be paid for filing as for the filing pursuant to this section of an amendment to the Articles of Incorporation.
Added by Laws 1937, p. 267, § 18. Amended by Laws 2001, c. 38, § 18, eff. Nov. 1, 2001. Renumbered from § 361q of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-19. Inducing or attempting to induce breach of marketing contract - Penalty.

A. Except as otherwise provided by this section, any person or corporation:
1. Whose officers or employees knowingly induce, or attempt to induce any member or stockholder of an association organized pursuant to the Cooperative Marketing Association Act or organized pursuant to similar statutes of other states and operating in this state under due authority, to breach its marketing contract with the association; or
2. Who maliciously and knowingly spread false reports about the finances, management, or activity of an association, organized pursuant to the Cooperative Marketing Association Act,
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) for each such offense.
B. Any member may present anything relative to the affairs of the association at any annual or special meeting of the members, without being liable under this section.
Added by Laws 1937, p. 267, § 19. Amended by Laws 2001, c. 38, § 19, eff. Nov. 1, 2001. Renumbered from § 361r of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-20. Liability for inducing breach of marketing contracts - Injunctions.

A. Any person who knowingly solicits or persuades any member of any association organized or operating in this state under due authority to breach the marketing contract of such member with the association by accepting or receiving the member's products for sale or for auction or for display for sale, or for processing or handling, contrary to the terms of any agreement of which the person or any active officer or manager of the corporation had knowledge or notice, shall be liable, to the association aggrieved in a civil action for any actual damages sustained by reason thereof.
B. The association may, upon proper application in a civil action, obtain a temporary injunction against any violation of the provisions of the Cooperative Marketing Association Act, which may be made permanent upon proper proof.
Added by Laws 1937, p. 267, § 20. Amended by Laws 1955, p. 97, § 1; Laws 1957, p. 10, § 1; Laws 2001, c. 38, § 20, eff. Nov. 1, 2001. Renumbered from § 361s of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-21. Exception to laws prohibiting conspiracies, combinations in restraint of trade or monopolies - Crop, marketing and statistical information - Production and consumption advice.

A. Any association organized pursuant to the Cooperative Marketing Association Act and complying with the terms thereof shall be deemed not to:
1. Be a conspiracy nor a combination in restraint of trade nor an illegal monopoly;
2. Be an attempt to lessen competition or to fix prices arbitrarily; or
3. Create a combination or pool in violation of any law of this state.
B. The contracts and agreements between the association and its members and any agreements authorized in the Cooperative Marketing Association Act shall be considered not to be:
1. Illegal;
2. In restraint of trade;
3. A part of a conspiracy or combination to accomplish an improper or illegal purpose; or
4. Contrary to the provisions of any statute enacted against pooling or combinations.
C. An association organized pursuant to the Cooperative Marketing Association Act may acquire, exchange, interpret, and disseminate to its members and others, past, present, and prospective, crop, market, statistical, economic, and other similar information either directly or through an agent created or selected by it or by other associations acting in conjunction with it.
D. An association organized pursuant to the Cooperative Marketing Association Act may advise its members in respect to the adjustment of their current and prospective production consumption, selling prices and existing or potential surpluses to the end that every market may be served from the most convenient productive areas under a program of orderly marketing that will assure supplies without undue enhancement of prices or the accumulation of undue surpluses.
Added by Laws 1937, p. 267, § 21. Amended by Laws 2001, c. 38, § 21, eff. Nov. 1, 2001. Renumbered from § 361t of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-22. Quo warranto proceedings.

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.
Added by Laws 1937, p. 268, § 22. Amended by Laws 2001, c. 38, § 22, eff. Nov. 1, 2001. Renumbered from § 361u of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-23. Licensing and taxation.

Each association formed pursuant to the provisions of the Cooperative Marketing Association Act shall be subject to and comply with the laws relating to the licensing and tax of other like corporations or associations.
Added by Laws 1937, p. 268, § 23. Amended by Laws 2001, c. 38, § 23, eff. Nov. 1, 2001. Renumbered from § 361v of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-24. Application of general business corporation laws.

The provisions of the Oklahoma General Corporation Act and all powers and rights pursuant to the general business corporation laws shall apply to the associations organized pursuant to the provisions of the Cooperative Marketing Association Act, except where such provisions are inconsistent with the express provisions of the Cooperative Marketing Association Act. The provisions of this act shall also apply to similar associations organized under the laws of other jurisdictions and doing business or seeking to do business in this state to the extent that this act applies to foreign corporations doing business or seeking to do business in this state.
Added by Laws 1937, p. 268, § 24, emerg. eff. May 22, 1937. Renumbered from § 361w of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001. Amended by Laws 2001, c. 405, § 1, eff. Nov. 1, 2001; Laws 2002, c. 22, § 2, emerg. eff. March 8, 2002.
NOTE: Laws 2001, c. 38, § 24 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-10. Oklahoma Sheep and Wool Commission - Administrative expense limit.

The Oklahoma Sheep and Wool Commission shall not expend more than thirty-five percent (35%) of the funds it receives for administrative expenses.
Added by Laws 1987, c. 208, § 8, operative July 1, 1987. Amended by Laws 1987, c. 236, § 50, emerg. eff. July 20, 1987; Laws 2001, c. 146, § 79, emerg. eff. April 30, 2001. Renumbered from § 1604 of this title by Laws 2001, c. 146, § 254, emerg. eff. April 30, 2001. Amended by Laws 2016, c. 269, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-31. Legislative intent.

A. It is the intent of the Legislature to:
1. Create the Oklahoma Beef Council;
2. Promote the growth of the cattle industry in Oklahoma;
3. Assure an adequate and wholesome food supply;
4. Provide for the general economic welfare of producers and consumers of beef; and
5. Provide the beef cattle industry with the authority to establish a self-financed, self-governed program to develop, maintain, and expand the state, national, and foreign markets for beef and beef products produced, processed, or manufactured in this state.
B. The promotion, marketing, research, and educational efforts concerning beef and beef products, pursuant to the Oklahoma Beef Improvement and Market Development Act, shall utilize existing cattle industry infrastructure to the extent possible.
Added by Laws 2004, c. 34, § 2, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-32. Definitions.

As used in the Oklahoma Beef Improvement and Market Development Act:
1. "Beef" and "beef products" mean the meat intended for human consumption from any cattle, including, but not limited to, veal;
2. "Cattle" means all bovine animals, regardless of age;
3. "Council" means the Oklahoma Beef Council established under the Oklahoma Beef Improvement and Market Development Act to administer and govern the program;
4. "Market agent" means any person or entity who sells, offers for sale, markets, distributes, trades, or processes cattle purchased or acquired from a producer, or marketed on behalf of a producer, and includes, but is not limited to, cattle feeders and meatpacking firms and their agents that purchase or consign to purchase cattle;
5. "Person" includes individuals, partnerships, firms, corporations, associations, trusts, estates, limited liability companies and any other legal entities recognized to do business in Oklahoma; and
6. "Producer" means a person that owned or sold cattle in the previous calendar year or presently owns cattle.
Added by Laws 2004, c. 34, § 3, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-33. Board of the Oklahoma Beef Council.

A. The Board of the Oklahoma Beef Council shall consist of nine (9) members and shall be composed as follows:
1. The Governor shall appoint three members as follows:
a.
one member representing a general farm organization which represents more than 150,000 members in the state,
b.
one member representing the dairy producers in the state, and
c.
one member of an Oklahoma association representing livestock auction markets and livestock dealers in which the member’s primary responsibility is the collection and remittance of assessment funds;
2. The President Pro Tempore of the Senate shall appoint three members as follows:
a.
one member from a women’s auxiliary group of a general farm organization representing more than 150,000 members in the state,
b.
one member of a statewide women’s beef cattle association, incorporated in Oklahoma, whose primary purpose is beef product promotion and education, and
c.
one member representing a general farm organization which represents more than 100,000 members in the state;
3. The Speaker of the House of Representatives shall appoint three members as follows:
a.
one member of an Oklahoma association representing livestock auction markets and livestock dealers,
b.
one member of a statewide beef cattle producer-owned association, incorporated in Oklahoma, comprised of more than 5,000 Oklahoma-based producer members organization representing cattle producers in the state, and
c.
one member from an women’s auxiliary group of a general farm organization representing more than 100,000 members in the state;
B. The initial appointments for each gubernatorial and legislative member shall be for progressive terms of one (1) through three (3) years; subsequent appointments shall be for three-year terms. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled in the same manner as the original appointments. No member shall serve more than two consecutive terms.
Added by Laws 2004, c. 34, § 4, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-35. Duties of members of the Oklahoma Beef Council.

The members of the Oklahoma Beef Council shall:
1. Be actively engaged in beef production during the year prior to appointment and continuing throughout the term;
2. Have not been found in violation of the Oklahoma Beef Improvement and Market Development Act pursuant to an administrative hearing or court proceeding; and
3. Have not requested a refund within the preceding three (3) years of being appointed.
Added by Laws 2004, c. 34, § 6, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-36. Assessment of fee – Exemption.

A. The Oklahoma Beef Council may levy on each producer selling cattle within or from this state an assessment of up to One Dollar ($1.00) per head on cattle sold. The state assessment shall be determined by the Council through the promulgation of rules established pursuant to the Administrative Procedures Act. In no event shall the combined federal and state beef assessment exceed One Dollar ($1.00).
B. The fee shall be assessed and imposed as follows:
1. Upon the cattle producer at the time of a sale by the producer. Except for a sale through a market agent, the assessment shall be collected and remitted by the producers to the Council; or
2. Every market agent doing business in the State of Oklahoma shall deduct from the gross receipts of the producer at the time of sale the assessment on all cattle sold in the state for the producer.
C. 1. The Council shall establish, by rule, the procedures for the collection and remittance of the assessment.
2. The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction.
3. The producer and marketing agent shall forward all assessments collected by the producer or market agent, as appropriate, to the Council by the fifteenth of the month following the month of collection. The Council shall provide appropriate forms for the remittance of the assessment.
D. The Council shall maintain within its financial records a separate accounting of all monies received pursuant to the provisions of this section.
E. All monies deducted under the provisions of this section shall be considered as bona fide business expenses for the producer as provided for under the tax laws of this state.
F. The Council may adopt reciprocal agreements with other beef councils or similar organizations on monies collected by Oklahoma market agents on cattle from other states and on Oklahoma cattle sold at other states’ markets.
G. A person may be exempted from payment of the assessment if that person:
1. Certifies that the person's only share in the proceeds of a sale of cattle is a sales commission, handling fee, or other service fee; or
2. Certifies that:
a.
the person acquired ownership of cattle only to facilitate the transfer of ownership of the cattle from the producer to a third party,
b.
the cattle were resold no later than ten (10) days from the date the person acquired ownership, and
c.
the assessment, if applicable, was levied upon the previous owner and collected and remitted, or will be remitted pursuant to the provisions of the Oklahoma Beef Improvement and Market Development Act.
Added by Laws 2004, c. 34, § 7, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-37. Enforcement actions – Injunctive relief.

A. The Council may institute any action necessary to enforce compliance with any provision of the Oklahoma Beef Improvement and Market Development Act and rules promulgated pursuant to the Oklahoma Beef Improvement and Market Development Act. In addition to any other remedy provided by law, the Council may petition for injunctive relief.
B. 1. Any due and payable assessment required under the Oklahoma Beef Improvement and Market Development Act constitutes a personal debt of the person or marketing agent assessed.
2. In the event of failure of a person or marketing agent to remit any properly due assessment or sum, the Council in order to collect an assessment may bring an administrative action and may bring a civil action in district court against that person. If an action is brought in the district court, such action will be brought in the district court of any county in which the sale is conducted.
3. In addition to collection of the assessment, the Council may also collect a ten-percent-penalty assessment, the costs of enforcing the collection of the assessment, and any court costs.
4. The civil action in district court shall be tried and judgment rendered as in any other cause of action for debts due and payable. Any administrative hearing shall be conducted pursuant to the Administrative Procedures Act.
5. All assessments, penalty assessments, and enforcement costs recovered are due and payable to the Council.
Added by Laws 2004, c. 34, § 8, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-38. Refund – Collection action.

A. Any producer who has paid the assessment under the provisions of the Oklahoma Beef Improvement and Market Development Act shall be entitled to a refund upon a valid request to the Council.
B. The Council shall make available to all producers and marketing agents forms for refund requests.
C. Refund claims shall be submitted by the producer within forty-five (45) days of the payment of the assessment and shall include a signature, date of sale, place of sale, number of cattle, amount of assessment deducted, and proof of the payment of the deducted assessment.
D. 1. Upon verification of a valid refund request, the Council shall remit a refund to the producer within forty-five (45) days of the valid request.
2. In the event the Council fails to remit the valid requested refund as required by this subsection, the producer may bring a civil action against the Council in the district court of the county in which the office of the Council is located for collection of the refund, a ten-percent-penalty assessment, and all court costs.
3. The civil action shall be tried and judgment rendered as in any other cause of action for debts due and payable.
4. All assessments, penalty assessments, and enforcement costs recovered are due and payable to the producer.
E. If the Council has reasonable doubt that a refund claim is valid, it may withhold payment and take action as deemed necessary to determine its validity.
F. All requests for refunds shall only be initiated by the producer.
Added by Laws 2004, c. 34, § 9, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-39. Rules.

Within ninety (90) days of the effective date of this act, the Oklahoma Beef Council shall promulgate the necessary rules for the Council to carry out the intent and purposes of the Oklahoma Beef Improvement and Market Development Act.
Added by Laws 2004, c. 34, § 10, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-40. Exemption of Council from certain state laws.

The Oklahoma Beef Council shall not be subject to the:
1. Oklahoma Personnel Act; or
2. Competitive Bidding Act administered by the Office of Management and Enterprise Services.
Added by Laws 2004, c. 34, § 11, eff. Nov. 1, 2004. Amended by Laws 2012, c. 304, § 14.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-41. Act effective upon cessation of federal statute.

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.
Added by Laws 2004, c. 34, § 12, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-42. Oklahoma Beef Council Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Beef Council to be designated the "Oklahoma Beef Council Revolving Fund". The Fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of all monies received by the Oklahoma Beef Council from assessments received and collected pursuant to the Oklahoma Beef Improvement and Market Development Act, donations, grants, contributions and gifts from any public or private source. The Council may expend funds as provided for by law. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2004, c. 34, § 13, eff. Nov. 1, 2004. Amended by Laws 2012, c. 304, § 15.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-50. Oklahoma Peanut Act.

Sections 18-50 through 18-62 of this title shall be known and may be cited as the "Oklahoma Peanut Act".
Added by Laws 1965, c. 349, § 1, emerg. eff. June 28, 1965. Amended by Laws 2001, c. 146, § 37, emerg. eff. April 30, 2001. Renumbered from § 1101 of this title by Laws 2001, c. 146, § 251, emerg. eff. April 30, 2001. Amended by Laws 2014, c. 1, § 26, eff. July 1, 2014; Laws 2015, c. 195, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-51. Definitions.

For the purpose of the Oklahoma Peanut Act:
1. "Commission" means the Oklahoma Peanut Commission;
2. "Grower" means any natural person engaged in growing peanuts;
3. "First purchaser" is any person, public or private corporation, association or partnership buying or otherwise acquiring after harvest the property in or to peanuts from a grower. A mortgagee, pledgee, lienor or other person, public or private, having a claim against the grower under a nonrecourse loan made against such peanuts after harvest thereof shall be deemed a purchaser. The term "first purchaser" shall not include a harvesting or threshing lienee; and
4. "Sale" includes any pledge or mortgage of peanuts, after harvest, to any person, public or private.
Added by Laws 1965, c. 349, § 2, emerg. eff. June 28, 1965. Amended by Laws 2001, c. 146, § 38, emerg. eff. April 30, 2001. Renumbered from § 1102 of this title by Laws 2001, c. 146, § 251, emerg. eff. April 30, 2001. Amended by Laws 2015, c. 195, § 2, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-57. Assessments - Refunds - Liens.

A. There is hereby levied an assessment of Four Dollars ($4.00) per net ton of peanuts on a farmer's stock basis marketed in Oklahoma. Such assessment shall be levied and assessed to the grower at the time of sale, and shall be shown as a deduction by the first purchaser from the price paid in settlement to the grower; provided that within sixty (60) days after any sale the grower may upon submission of a written request therefor to the executive director obtain a refund in the amount of the assessment deducted by the first purchaser. The refund to the grower who has requested such refund shall be made within sixty (60) days following the request. Such request shall be accompanied by the producer's marketing settlement forms which shall be evidence of the payment of the assessment which need not be verified.
B. The availability of a refund and instructions describing the process of obtaining a refund shall be posted in a conspicuous public location at all places where the fees are required to be collected.
C. The Oklahoma Peanut Commission shall keep complete records of all refunds made under the provisions of this section. Records of refunds may be destroyed two (2) years after the refund is made.
D. All funds expended in the administration of the Oklahoma Peanut Act and for the payment of all claims whatsoever growing out of the performance of any duties or activities pursuant to the Oklahoma Peanut Act shall be paid from the proceeds derived from subsection A of this section. In the case of a lienholder who is a first purchaser, the assessment shall be deducted by the lienholder from the proceeds of the claim secured by such lien at the time the peanuts are pledged or mortgaged. The assessment shall constitute a preferred lien and shall have priority over all other liens and encumbrances upon such peanuts. The assessment shall be deducted and paid as herein provided whether such peanuts are stored in this or any other state.
Added by Laws 1965, c. 349, § 8, emerg. eff. June 28, 1965. Amended by Laws 1978, c. 134, § 6, emerg. eff. April 4, 1978; Laws 1982, c. 55, § 2, operative July 1, 1982; Laws 2001, c. 146, § 44, emerg. eff. April 30, 2001. Renumbered from § 1108 of this title by Laws 2001, c. 146, § 251, emerg. eff. April 30, 2001. Amended by Laws 2007, c. 195, § 9, emerg. eff. May 31, 2007; Laws 2015, c. 195, § 3, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-58. Receipt for assessments - Peanut Commission Revolving Fund.

A. The assessment imposed shall, before the twentieth day of the calendar month following the date of settlement, be paid by the purchaser to the executive director of the Oklahoma Peanut Commission. The executive director shall give the purchaser a receipt.
B. Any unexpended balance contained in the Oklahoma Peanut Commission Revolving Fund as of November 1, 2015, shall no longer be considered state funds or state property and may be transferred to the successor organization.
Added by Laws 1965, c. 349, § 9, emerg. eff. June 28, 1965. Amended by Laws 1969, c. 209, § 2, emerg. eff. April 18, 1969; Laws 1978, c. 134, § 7, emerg. eff. April 4, 1978; Laws 2001, c. 146, § 45, emerg. eff. April 30, 2001. Renumbered from § 1109 of this title by Laws 2001, c. 146, § 251, emerg. eff. April 30, 2001. Amended by Laws 2015, c. 195, § 4, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-60. Foreclosure of lien.

If the assessment is not deducted and paid to the executive secretary as provided in the Oklahoma Peanut Act, or within ten (10) days thereafter, the lien may within one (1) year after the expiration of said ten (10) days period be foreclosed by action in any court having jurisdiction in the county in which such peanuts were grown, or sold, or in which such peanuts may be found, or in which such peanuts shall have been commingled with other peanuts.
Added by Laws 1965, c. 349, § 10, emerg. eff. June 28, 1965. Amended by Laws 2001, c. 146, § 47, emerg. eff. April 30, 2001. Renumbered from § 1110 of this title by Laws 2001, c. 146, § 251, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-61. Penalties.

Any person who violates any of the provisions of the Oklahoma Peanut Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00).
Added by Laws 1965, c. 349, § 12, emerg. eff. June 28, 1965. Amended by Laws 2001, c. 146, § 48, emerg. eff. April 30, 2001. Renumbered from § 1112 of this title by Laws 2001, c. 146, § 251, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-62. Referendum.

A. Before any change in assessment can be made, a referendum of Oklahoma peanut growers shall be conducted to determine the proportion of the peanut growers that favor continuation of the program and the proportion of peanut growers that favor discontinuing the program. Thereafter, such referendum shall be conducted no more than once every three (3) years upon the receipt by the Oklahoma Peanut Commission of petitions requesting a referendum signed by at least ten percent (10%) of Oklahoma peanut growers.
B. At any time a referendum is to be held, the Commission shall write a definition of a producer eligible to vote, and shall cause a notice to be given, by letter or publication in the official publication of the Oklahoma Peanut Commission. The Commission shall send ballots to those persons eligible to vote and shall set the final date for ballots to be returned for tabulation. The Commission shall provide for the printing of ballots and shall furnish a double envelope system so that the identity of a voter cannot be determined. The grower shall return the ballots by way of a sealed envelope, pre-addressed to the President of the State Board of Agriculture.
C. Tabulation of ballots shall be jointly by the President of the State Board of Agriculture and chairman of the Oklahoma Peanut Commission. Whenever the question of levying the assessments is disapproved, by failure of sixty percent (60%) of growers 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.
D. 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 peanuts.
Added by Laws 1965, c. 349, § 13, emerg. eff. June 28, 1965. Amended by Laws 1978, c. 134, § 8, emerg. eff. April 4, 1978; Laws 2001, c. 146, § 49, emerg. eff. April 30, 2001. Renumbered from § 1113 of this title by Laws 2001, c. 146, § 251, emerg. eff. April 30, 2001. Amended by Laws 2015, c. 195, § 5, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-180. Short title.

Sections 59 through 75 of this act shall be known and may be cited as the “Oklahoma Sheep and Wool Producers Act”.
Added by Laws 1973, c. 164, § 1, emerg. eff. May 16, 1973. Amended by Laws 2001, c. 146, § 59, emerg. eff. April 30, 2001. Renumbered from § 1501 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-181. Sheep and Wool Utilization, Research and Market 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.
Added by Laws 1973, c. 164, § 2, emerg. eff. May 16, 1973. Amended by Laws 1982, c. 34, § 1, operative July 1, 1982; Laws 1988, c. 225, § 4; Laws 1994, c. 11, § 1; Laws 2000, c. 97, § 1; Laws 2001, c. 146, § 60, emerg. eff. April 30, 2001. Renumbered from § 1502 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001. Amended by Laws 2006, c. 46, § 1; Laws 2007, c. 88, § 1; Laws 2013, c. 293, § 1.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-182. Definitions.

As used in the Oklahoma Sheep and Wool Producers Act, unless the context otherwise requires:
1. "Commission" shall mean the Sheep and Wool Utilization, Research and Market Development Commission;
2. "Dealer" shall mean any person who buys or accepts sheep or wool from a sheep producer for shipment or for delivery to or in behalf of any person within or without the state. Such person may or may not be, depending upon the circumstances, a final purchaser;
3. "Final purchaser " shall mean any person who buys or accepts sheep, either within or without the state, or who buys or accepts wool for processing, or intends to process such wool, either within or without the state;
4. "Oklahoma sheep producer" shall mean anyone personally engaged in producing sheep who markets sheep in Oklahoma either within or without the state; and
5. "Person" shall mean any individual, partnership, association, corporation or other business enterprise.
Added by Laws 1973, c. 164, § 3, emerg. eff. May 6, 1973. Amended by Laws 1984, c. 93, § 1, emerg. eff. April 4, 1984; Laws 2001, c. 146, § 61, emerg. eff. April 30, 2001. Renumbered from § 1503 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-183. Membership of Commission.

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
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.
Added by Laws 1973, c. 164, § 4, emerg. eff. May 16, 1973. Amended by Laws 1984, c. 93, § 2, emerg. eff. April 4, 1984; Laws 2001, c. 146, § 62, emerg. eff. April 30, 2001. Renumbered from § 1504 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-185. Removal of members.

A member of the Sheep and Wool Utilization, Research and Market Development Commission shall be removable by a two-thirds (2/3) vote of the other members of the Commission for cause. A member ceasing to be a resident of the state, ceasing to live in the district from which the member was elected, or ceasing to be actually engaged in producing sheep or wool in the state shall be deemed sufficient cause for removal from office.
Added by Laws 1973, c. 164, § 6, emerg. eff. May 16, 1973. Amended by Laws 2001, c. 146, § 64, emerg. eff. April 30, 2001. Renumbered from § 1506 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-186. Officers - Meetings.

At the first meeting of the Sheep and Wool Utilization, Research and Market Development Commission, the Commission shall elect a chair, vice-chair, secretary and treasurer from among the membership, and thereafter at the first meeting of each fiscal year. The Commission shall meet at least once every three (3) months and at such other times as called by the chair or by a majority of the Commission.
Added by Laws 1973, c. 164, § 7, emerg. eff. May 16, 1973. Amended by Laws 2001, c. 146, § 65, emerg. eff. April 30, 2001. Renumbered from § 1507 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-187. Powers of Commission.

The Sheep and Wool Utilization, Research and Market Development Commission shall have the power to:
1. Make such reasonable expenditures of funds as is necessary to carry out the provisions of the Oklahoma Sheep and Wool Producers Act;
2. Devise, adopt and conduct a program of education and publicity;
3. Cooperate with local, state or national organizations, whether public or private, in carrying out the purposes of the Oklahoma Sheep and Wool Producers Act, and to enter into such contracts as may be necessary. No Commission funds shall be used, directly or indirectly, or as a result of contract or agreement with other persons or organizations, in supporting or opposing political candidates, political officeholders, and legislation, either state or national;
4. Promulgate such rules as are necessary to promptly and effectively administer the provisions of the Oklahoma Sheep and Wool Producers Act;
5. Conduct, in addition to the things enumerated, any other program for the utilization, research and market development of sheep and wool produced in the State of Oklahoma;
6. Call and conduct such meetings and elections as may be necessary in carrying out the provisions of the Oklahoma Sheep and Wool Producers Act; and
7. Employ an executive secretary and such other personnel as necessary, and to prescribe their duties and fix their compensation.
Added by Laws 1973, c. 164, § 8, emerg. eff. May 16, 1973. Amended by Laws 2001, c. 146, § 66, emerg. eff. April 30, 2001. Renumbered from § 1508 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-188. Publication of ballot and other information - Voting.

The Sheep and Wool Utilization, Research and Market Development Commission shall cause the ballots and other information required pursuant to the provisions of the Oklahoma Sheep and Wool Producers Act to be published in a market news service available to Oklahoma sheep and wool producers for those persons in the sheep and wool industry. Voting shall be conducted pursuant to rules promulgated by the Sheep and Wool Utilization, Research and Market Development Commission.
Added by Laws 1984, c. 93, § 4, emerg. eff. April 4, 1984. Amended by Laws 1995, c. 87, § 1, emerg. eff. April 12, 1995; Laws 2001, c. 146, § 67, emerg. eff. April 30, 2001. Renumbered from § 1508.1 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-189. Assessments - Remittance.

A. There is hereby assessed a fee of twenty-five cents ($0.25) per head on all sheep produced or sold in the State of Oklahoma and a fee of two cents ($0.02) per pound on all wool produced or sold in the State of Oklahoma. Such fees are assessed and imposed on the producer at the time of the producer’s initial sale through an auction or to a dealer.
B. If the dealer is the first purchaser, such dealer shall remit the applicable fee or fees to the Commission. In the case of wool gathered or held at a common point, cooperative or wool pool for later sale, the applicable fee or fees shall be remitted to the Sheep and Wool Utilization, Research and Market Development Commission at the time of the final settlement with the producer or producers thereof.
C. In any event, it is the duty of the first purchaser to remit such fee or fees to the Commission. No sheep or wool shall be subject to the applicable fee more than once.
Added by Laws 1973, c. 164, § 9, emerg. eff. May 16, 1973. Amended by Laws 1980, c. 191, § 1; Laws 1984, c. 93, § 5, emerg. eff. April 4, 1984; Laws 2001, c. 146, § 68, emerg. eff. April 30, 2001. Renumbered from § 1509 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001; Laws 2004, c. 216, § 2.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-191. Reports and remittance of fees - Penalties.

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.
Added by Laws 1973, c. 164, § 11, emerg. eff. May 16, 1973. Amended by Laws 2001, c. 146, § 70, emerg. eff. April 30, 2001. Renumbered from § 1511 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-192. Reports by Commission.

A. The chair of the Sheep and Wool Utilization, Research and Market Development Commission shall make an annual report to the Governor, within thirty (30) days after January 1 of each year, showing in detail all income and expenditures and any other facts relevant to the Oklahoma Sheep and Wool Producers Act. The annual report shall include a list of all officers and employees of the Commission and shall indicate the official positions of such officers and employees and their salaries. The report shall be available to the public.
B. All records of the Commission shall be kept at least three (3) years.
C. The Commission shall submit a report of its income, expenditures and a brief survey of its work annually to the Chairs of the Agriculture Committees of the House of Representatives and Senate of the State Legislature.
Added by Laws 1973, c. 164, § 12, emerg. eff. May 16, 1973. Amended by Laws 2001, c. 146, § 71, emerg. eff. April 30, 2001. Renumbered from § 1512 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-193. Refunds - Application.

A. Any sheep or wool producer who is assessed the fee or fees authorized by the Oklahoma Sheep and Wool Producers Act and objects to the collection of such fee may, within sixty (60) days following such collection, make application to the Sheep and Wool Utilization, Research and Market Development Commission for a refund of such fee or fees. Upon receipt of such application by the Commission such refund shall be made within one hundred twenty (120) days. Application forms for refund purposes shall be furnished by the Commission and shall be made available at all places where the fees provided in the Oklahoma Sheep and Wool Producers Act are required to be collected.
B. The availability of a refund and instructions describing the process of obtaining a refund shall be posted in a conspicuous public location at all places where the fees are required to be collected.
Added by Laws 1973, c. 164, § 13, emerg. eff. May 16, 1973. Amended by Laws 1982, c. 34, § 2, operative July 1, 1982; Laws 2001, c. 146, § 72, emerg. eff. April 30, 2001. Renumbered from § 1513 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.