reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-194. Proposed budget of Sheep and Wool Utilization, Research and Market Development Commission – Review – Itemization of income and expenditures.

A. The Sheep and Wool Utilization, Research and Market Development Commission shall file with the Director of the Market Development Division of the Oklahoma Department of Agriculture, Food, and Forestry a proposed budget and may expend funds only after the division director has approved the budget.
B. If after thorough review the division director disapproves the proposed budget, the proposed budget shall be returned to the Commission not later than forty-five (45) days after the date on which the proposed budget is submitted with a statement of reasons for disapproval.
C. Within thirty (30) days following the end of each fiscal year of the Commission, the Commission shall submit to the Director of the Market Development Division of the Oklahoma Department of Agriculture, Food, and Forestry a report itemizing all income and expenditures and describing all activities of the Commission during the previous fiscal year.
D. No general revenue funds shall be appropriated to carry out the provisions of the Oklahoma Sheep and Wool Producers Act. Funds collected by the Commission 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 Commission shall not be construed to be debts or obligations of this state.
Added by Laws 1973, c. 164, § 14, emerg. eff. May 16, 1973. Amended by Laws 1979, c. 47, § 1, emerg. eff. April 9, 1979; Laws 2000, c. 173, § 1, emerg. eff. May 3, 2000; Laws 2001, c. 146, § 73, emerg. eff. April 30, 2001. Renumbered from § 1514 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001. Amended by Laws 2010, c. 413, § 6, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-195. Cooperation with other organizations.

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.
Added by Laws 1973, c. 164, § 15, emerg. eff. May 16, 1973. Amended by Laws 2001, c. 146, § 74, emerg. eff. April 30, 2001. Renumbered from § 1515 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-196. Actions by Attorney General - Penalties.

The Attorney General may bring action in the district court of Oklahoma County to recover all fees and penalties due the Sheep and Wool Utilization, Research and Market Development Commission for failure of any person to comply with the provisions of the Oklahoma Sheep and Wool Producers Act. Any person violating any of the provisions of the Oklahoma Sheep and Wool Producers Act upon conviction thereof shall be guilty of a misdemeanor.
Added by Laws 1973, c. 164, § 16, emerg. eff. May 16, 1973. Amended by Laws 2001, c. 146, § 75, emerg. eff. April 30, 2001. Renumbered from § 1516 of this title by Laws 2001, c. 146, § 253, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-240. Short title - Purpose.

A. This subarticle shall be known and may be cited as the "Oklahoma Sorghum Resources Act".
B. The purpose of the Oklahoma Sorghum Resources Act shall be to develop programs that will enhance sorghum production, sorghum research, promoting market development and education, and improving profitability of Oklahoma sorghum producers.
Added by Laws 1997, c. 151, § 1, emerg. eff. April 25, 1997. Amended by Laws 2001, c. 146, § 134, emerg. eff. April 30, 2001. Renumbered from § 1850.1 of this title by Laws 2001, c. 146, § 266, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-241. Definitions.

As used in the Oklahoma Sorghum Resources Act:
1. "Commercial channels" means the sale of sorghum for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any sorghum or product produced from sorghum;
2. "Commercial quantities" means and includes all bushels of sorghum produced for market in any calendar year by any producer;
3. "Commission" means the Oklahoma Sorghum Commission;
4. "Department" means the Oklahoma Department of Agriculture, Food, and Forestry;
5. "First purchaser" means any person buying or acquiring after harvest the property in or to sorghum from a sorghum producer. A mortgagee, pledgee, lienholder, or other person having a claim against the sorghum producer under a nonrecourse loan made against the sorghum after harvest shall be a purchaser. The term "first purchaser" shall not include a harvesting or threshing lienee;
6. "President" means the President of the State Board of Agriculture; and
7. "Sorghum producer" or "producer" means an individual engaged in the production of sorghum, who markets sorghum in commercial quantities in Oklahoma. Each individual determined to be an entity pursuant to rules promulgated by the United States Department of Agriculture Farm Service Agency shall be considered a sorghum producer.
Added by Laws 1997, c. 151, § 2, emerg. eff. April 25, 1997. Amended by Laws 2001, c. 146, § 135, emerg. eff. April 30, 2001. Renumbered from § 1850.2 of this title by Laws 2001, c. 146, § 266, emerg. eff. April 30, 2001. Amended by Laws 2017, c. 220, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-245. Assessment of fees.

A. 1. There is hereby assessed a fee of one cent ($0.01) per bushel upon all sorghum marketed by sorghum producers in this state and sold or handled through commercial channels. The fee shall be assessed and imposed upon the sorghum producer at the time of sale or delivery and shall be collected and remitted by the first purchaser to the Commission. Pursuant to the provisions of the Oklahoma Sorghum Resources Act, no sorghum shall be subject to assessment of a fee more than once.
2. No assessments for sorghum shall be collected in accordance with this section while a national checkoff program for sorghum established pursuant to 7 CFR 1221 remains in effect. The collection of assessments in accordance with this section shall be reinstated upon suspension or termination of the program for sorghum established pursuant to 7 CFR 1221.
B. 1. The first purchaser shall collect the assessment by deducting the appropriate amount from the purchase price of the sorghum or from any funds advanced for that purpose.
2. The Commission, by registered or certified mail, shall notify each first purchaser of the duty to collect the assessment, the manner in which the assessment is to be collected, and the date on or after which the first purchaser is to begin collecting the assessment.
3. The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction. The first purchaser shall furnish a copy of the document to the sorghum producer.
4. The Commission shall establish through bylaws the procedures for the collection and remittance of the assessment.
C. Any unexpended balance contained in the Oklahoma Sorghum Resources Fund as of November 1, 2017, shall be transferred and deposited to the credit of the General Revenue Fund of the State Treasury.
Added by Laws 1997, c. 151, § 6, emerg. eff. April 25, 1997. Amended by Laws 2001, c. 146, § 139, emerg. eff. April 30, 2001. Renumbered from § 1850.6 of this title by Laws 2001, c. 146, § 266, emerg. eff. April 30, 2001. Amended by Laws 2008, c. 57, § 1, eff. July 1, 2008; Laws 2017, c. 220, § 2, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-246. Report and remittance of fees.

A. The first purchaser shall render and have on file a report along with remittance of the fees collected pursuant to the Oklahoma Sorghum Resources Act on the fifteenth of each calendar quarter. The report shall include the total amount of fees assessed by the first purchaser, the total amount of sorghum purchased and other information as may be required by the Oklahoma Sorghum Commission.
B. If the first purchaser fails to make a report and remittance as required by the Oklahoma Sorghum Resources Act, the Commission shall determine the amount collected and owed by the first purchaser, which shall be prima facie correct. Any first purchaser having failed to make the report as required by the Oklahoma Sorghum Resources Act shall, within ten (10) days after notice of the computed collection amount established by the Commission is mailed to the first purchaser, pay the computed collection amount, together with a penalty of five percent (5%) of the computed collection amount. The first purchaser may dispute the computed collection amount established by the Commission and request the Commission to hold a hearing to redetermine the amount of the computed collection and the penalty to be imposed. No payment shall be made until the Commission enters its order determining the amount of payment. The payment of the determined collection amount and penalty shall be paid within ten (10) days of notice of the decision.
C. At any time the Oklahoma Department of Agriculture, Food, and Forestry may request an audit of the first purchaser to determine whether the collection and proper disposition of the collected assessment were made pursuant to the provisions of the Oklahoma Sorghum Resources Act.
D. The first purchaser shall retain any records or reports relating to the collection of the assessment for at least three (3) years.
Added by Laws 1997, c. 151, § 7, emerg. eff. April 25, 1997. Amended by Laws 2001, c. 146, § 140, emerg. eff. April 30, 2001. Renumbered from § 1850.7 of this title by Laws 2001, c. 146, § 266, emerg. eff. April 30, 2001. Amended by Laws 2017, c. 220, § 3, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-248. Refund of fees.

A. Any sorghum producer subject to the assessment provided in the Oklahoma Sorghum Resources Act may request a refund of the fees so assessed, within sixty (60) days following the collection of the fee. Any sorghum producer requesting a refund shall make application to the Oklahoma Sorghum Commission for the refund of the assessment. Along with the application, the sorghum producer shall submit the evidence of payment of the fee and of the amount of sorghum sold required by the Commission. The Commission may verify the accuracy of the request for the refund.
B. Upon receipt of the application for a refund and evidence required, the Commission shall refund the amount of the assessment owed to the producer within thirty (30) days of the date the refund request was received and the Commission received payment from the first purchaser.
Added by Laws 1997, c. 151, § 9, emerg. eff. April 25, 1997. Amended by Laws 2001, c. 146, § 142, emerg. eff. April 30, 2001. Renumbered from § 1850.9 of this title by Laws 2001, c. 146, § 266, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-251. Referendum on assessments.

A. Sorghum producers may petition for a referendum to determine if the assessment is to be continued, at any time. 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 sorghum producers. No more than one referendum shall be conducted in any one thirty-six-month period. The Oklahoma Department of Agriculture, Food, and Forestry 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 Department shall mail a notice of the referendum to all known sorghum producers in the State of Oklahoma who market sorghum in commercial quantities. The notice shall specify the dates, times, and places for holding the referendum, and shall include a sample ballot with the following wording:
DO YOU FAVOR A CONTINUATION OF THE ONE CENT ($0.01) PER BUSHEL ASSESSMENT ON SORGHUM MARKETED IN OKLAHOMA FOR UTILIZATION, RESEARCH, EDUCATION, PROMOTION, AND MARKET DEVELOPMENT?
YES ( )
NO ( )
B. Places within each county for conducting the referendum shall be designated by the Agricultural Extension Division of Oklahoma State University, and voting in each county shall be supervised by the county agricultural extension agent, or person designated by the Department. The Oklahoma Sorghum Commission shall ensure sufficient ballots and supplies necessary for the conduct of the voting and tabulation of returns. Certified results of the referendum in each district shall be transmitted within twenty-four (24) hours after voting ends to the President, and 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.
C. 1. 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.
2. The Commission shall bear expenses of advertising and conducting the referendum.
D. Whenever the question of levying the assessments is disapproved, by failure of sixty percent (60%) of the sorghum 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.
Added by Laws 1997, c. 151, § 12, emerg. eff. April 25, 1997. Amended by Laws 2001, c. 146, § 145, emerg. eff. April 30, 2001. Renumbered from § 1850.12 of this title by Laws 2001, c. 146, § 266, emerg. eff. April 30, 2001. Amended by Laws 2017, c. 220, § 4, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-270. Short title - Purpose.

A. This act shall be known and may be cited as the "Oklahoma Oilseed Resources Act".
B. The purpose of the Oklahoma Oilseed Resources Act shall be to develop programs that will enhance oilseed production, oilseed research, promoting market development and education, and improving profitability of Oklahoma oilseed producers.
Added by Laws 2008, c. 154, § 1, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-271. Definitions.

As used in the Oklahoma Oilseed Resources Act:
1. "Commercial channels" means the sale of oilseed for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any oilseed or product produced from oilseed;
2. "Commercial quantities" means and includes all hundredweights (CWT) of oilseed produced for market in any calendar year by any producer;
3. "Commission" means the Oklahoma Oilseed Commission;
4. "Department" means the Oklahoma Department of Agriculture, Food, and Forestry;
5. "First purchaser" means any person buying or acquiring after harvest the property in or to oilseed from an oilseed producer. A mortgagee, pledgee, lienholder, or other person having a claim against the oilseed producer under a nonrecourse loan made against the oilseed after harvest shall be a purchaser. The term "first purchaser" shall not include a harvesting or threshing lienee;
6. "President" means the President of the State Board of Agriculture;
7. "Oilseed" means any seed or crop grown primarily or mainly for oil; and
8. "Oilseed producer" or "producer" means an individual engaged in the production of oilseed, who markets oilseed in commercial quantities in Oklahoma. Each individual determined to be an entity pursuant to rules promulgated by the United States Department of Agriculture Farm Service Agency shall be considered an oilseed producer.
Added by Laws 2008, c. 154, § 2, eff. Nov. 1, 2008. Amended by Laws 2017, c. 117, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-275. Oilseed fee – Collection of assessment.

A. There is hereby assessed a fee to be determined by each oilseed subcommittee for oilseed marketed by oilseed producers in this state and sold or handled through commercial channels. The fee shall be assessed and imposed upon the oilseed producer at the time of sale or delivery and shall be collected and remitted by the first purchaser to the Oklahoma Oilseed Commission. Pursuant to the provisions of the Oklahoma Oilseed Resources Act, no oilseed shall be subject to assessment of a fee more than once including a national checkoff. If the assessment of a national checkoff fee ceases to exist, an Oklahoma assessment shall then be implemented.
B. 1. The first purchaser shall collect the assessment by deducting the appropriate amount from the purchase price of the oilseed or from any funds advanced for that purpose.
2. The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction. The first purchaser shall furnish a copy of the document to the oilseed producer.
Added by Laws 2008, c. 154, § 6, eff. Nov. 1, 2008. Amended by Laws 2017, c. 117, § 2, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-276. Report and remittance of fees – Failure to report – Audit – Retention of records and reports.

A. The first purchaser shall render and have on file a report along with remittance of the fees collected pursuant to the Oklahoma Oilseed Resources Act on the fifteenth of each calendar quarter. The report shall include the total amount of fees assessed by the first purchaser, the total amount of oilseed purchased and other information as may be required by the Oklahoma Oilseed Commission.
B. If the first purchaser fails to make a report and remittance as required by the Oklahoma Oilseed Resources Act, the Commission shall determine the amount collected and owed by the first purchaser, which shall be prima facie correct. Any first purchaser having failed to make the report as required by the Oklahoma Oilseed Resources Act shall, within ten (10) days after notice of the computed collection amount established by the Commission is mailed to the first purchaser, pay the computed collection amount, together with a penalty of five percent (5%) of the computed collection amount. The first purchaser may dispute the computed collection amount established by the Commission and request the Commission to hold a hearing to redetermine the amount of the computed collection and the penalty to be imposed. No payment shall be made until the Commission enters its order determining the amount of payment. The payment of the determined collection amount and penalty shall be paid within ten (10) days of notice of the decision.
C. At any time the Oklahoma Department of Agriculture, Food, and Forestry may request an audit of the first purchaser to determine whether the collection and proper disposition of the collected assessment were made pursuant to the provisions of the Oklahoma Oilseed Resources Act.
D. The first purchaser shall retain any records or reports relating to the collection of the assessment for at least three (3) years.
Added by Laws 2008, c. 154, § 7, eff. Nov. 1, 2008. Amended by Laws 2017, c. 117, § 3, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-277. Annual report to Secretary of Agriculture.

A. The chair of the Oklahoma Oilseed Commission shall make an annual report to the Secretary of Agriculture, within forty-five (45) days after June 30 of each year, showing in detail all income and expenditures and any other facts relevant to the Oklahoma Oilseed Resources Act. The annual report shall include a list of all officers and any employees of the Commission and shall indicate the official positions of officers and any employees and salaries paid.
B. The report shall be available to the public. A copy shall be sent upon request to any producer upon whom the assessment is assessed.
C. All records of the Commission shall be kept at least three (3) years.
Added by Laws 2008, c. 154, § 8, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-278. Refund of fees.

A. Any oilseed producer subject to the assessment provided in the Oklahoma Oilseed Resources Act may request a refund of the fees so assessed, within sixty (60) days following the collection of the fee. Any oilseed producer requesting a refund shall make application to the Oklahoma Oilseed Commission for the refund of the assessment. Along with the application, the oilseed producer shall submit the evidence of payment of the fee and of the amount of oilseed sold required by the Commission. The Commission may verify the accuracy of the request for the refund.
B. Upon receipt of the application for a refund and evidence required, the Commission shall refund the amount of the assessment owed to the producer within thirty (30) days of the date the refund request was received and the Commission received payment from the first purchaser.
Added by Laws 2008, c. 154, § 9, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-279. Oklahoma Oilseed Resources Fund.

There is created until November 1, 2017, the Oklahoma Oilseed Resources Fund. The Oklahoma Oilseed Resources Fund shall be administered by the Oklahoma Oilseed Commission for the benefit of the oilseed producers in this state for the purposes specified by the Oklahoma Oilseed Resources Act. The Oklahoma Oilseed Resources Fund shall be established and maintained in a bank or other depository as approved by the Commission and the President of the State Board of Agriculture. Any unexpended balance contained in the revolving fund designated for the Oklahoma Oilseed Commission on November 1, 2017, shall be transferred and deposited to the credit of the General Revenue Fund of the State Treasury.
Added by Laws 2008, c. 154, § 10, eff. Nov. 1, 2008. Amended by Laws 2017, c. 117, § 4, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-281. Referendum to continue assessment.

A. Oilseed producers may petition for a referendum to determine if the assessment is to be continued at any time. 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 oilseed producers. No more than one referendum shall be conducted in any one thirty-six-month period. The Oklahoma Department of Agriculture, Food, and Forestry 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 Department shall mail a notice of the referendum to all known oilseed producers in the State of Oklahoma who market oilseed in commercial quantities. The notice shall specify the dates, times, and places for holding the referendum, and shall include a sample ballot with the following wording:
DO YOU FAVOR A CONTINUATION OF THE THREE CENTS ($0.03) PER HUNDREDWEIGHT (CWT) ASSESSMENT ON OILSEED MARKETED IN OKLAHOMA FOR UTILIZATION, RESEARCH, EDUCATION, PROMOTION, AND MARKET DEVELOPMENT?
YES ( )
NO ( )
B. Places within each county for conducting the referendum shall be designated by the Agricultural Extension Division of Oklahoma State University, and voting in each county shall be supervised by the county agricultural extension agent, or person designated by the Department. The Oklahoma Oilseed Commission shall ensure sufficient ballots and supplies necessary for the conduct of the voting and tabulation of returns. Certified results of the referendum in each district shall be transmitted within twenty-four (24) hours after voting ends to the President, and 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.
C. 1. 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.
2. The Commission shall bear expenses of advertising and conducting the referendum.
D. Whenever the question of levying the assessments is disapproved, by failure of sixty percent (60%) of the oilseed 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.
Added by Laws 2008, c. 154, § 12, eff. Nov. 1, 2008. Amended by Laws 2017, c. 117, § 5, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-300. Short title - Oklahoma Wheat Resources Act.

Sections 18-300 through 18-317 of this title shall be known and may be cited as the "Oklahoma Wheat Resources Act".
Added by Laws 1965, c. 59, § 1, emerg. eff. April 7, 1965. Amended by Laws 2001, c. 146, § 19, emerg. eff. April 30, 2001. Renumbered from § 1021 of this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001. Amended by Laws 2014, c. 1, § 27, eff. July 1, 2014; Laws 2016, c. 269, § 2, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 2. Agriculture › §2—18-302. Definitions.

As used in the Oklahoma Wheat Resources Act, unless the context otherwise requires:
1. "Commission" means the Oklahoma Wheat Commission;
2. "Wheat producer" means anyone personally engaged in growing wheat, who markets wheat in commercial quantities in Oklahoma, and includes both the owner and tenant;
3. "Commercial quantities" means and includes all bushels of wheat produced for market in any calendar year by a producer;
4. "First purchaser" means any person, public or private corporation, or partnership buying, accepting for shipment within the state or otherwise acquiring the property in or to wheat from a producer, and includes a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the producer, if the actual or constructive possession of such wheat is taken as part payment or in satisfaction of such mortgage, pledge, lien or claim; and
5. "Commercial channels" means the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat.
Added by Laws 1965, c. 59, § 3, emerg. eff. April 7, 1965. Amended by Laws 1981, c. 298, § 1, emerg. eff. June 29, 1981; Laws 2001, c. 146, § 21, emerg. eff. April 30, 2001. Renumbered from § 1023 of this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001. Amended by Laws 2016, c. 269, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-307. Public policy.

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.
Added by Laws 1965, c. 59, § 9, emerg. eff. April 7, 1965. Amended by Laws 1981, c. 298, § 5, emerg. eff. June 29, 1981; Laws 1985, c. 178, § 2, operative July 1, 1985; Laws 2001, c. 146, § 26, emerg. eff. April 30, 2001. Renumbered from § 1029 of this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001. Amended by Laws 2016, c. 269, § 4, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-308. Promotional fee - Assessment and allocation.

A. The Oklahoma Wheat Commission shall assess a fee upon all wheat marketed by wheat producers in this state and sold through commercial channels. The fee is assessed and imposed on the producer at the time of sale or delivery, and shall be collected and remitted by the first purchaser to the Oklahoma Wheat Commission. Under the provisions of the Oklahoma Wheat Resources Act, no wheat shall be subject to a fee more than once.
B. The Commission shall allocate twenty percent (20%) of the fee levied and collected pursuant to subsection A of this section to the Oklahoma Wheat Research Foundation for the purpose of conducting wheat research, including, but not limited to, utilization and educational projects, less the cost of collecting the fee, such cost not to exceed fifty percent (50%) of the total of the office rental and clerical costs, and the costs of supplies and postage and such cost to be prorated on the basis of eighty percent (80%) to the Commission and twenty percent (20%) to the Oklahoma Wheat Research Foundation.
C. In order for the Oklahoma Wheat Research Foundation to qualify for the allocation of twenty percent (20%) of collected fees, the Commission shall appoint a member of the Oklahoma Wheat Commission to the Oklahoma Wheat Research Foundation board of directors.
D. Any unexpended balance contained in the revolving fund designated for the Wheat Utilization, Research and Market Development Commission as of November 1, 2016, shall be transferred and deposited to the credit of the General Revenue Fund of the State Treasury.
Added by Laws 1965, c. 59, § 10, emerg. eff. April 7, 1965. Amended by Laws 1976, c. 91, § 1, emerg. eff. May 6, 1976; Laws 1978, c. 145, § 1, emerg. eff. April 5, 1978; Laws 1981, c. 298, § 6, emerg. eff. June 29, 1981; Laws 1998, c. 16, § 1, eff. July 1, 1998; Laws 2001, c. 146, § 27, emerg. eff. April 30, 2001. Renumbered from § 1030 of this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001. Amended by Laws 2011, c. 87, § 1, eff. Jan. 1, 2012; Laws 2016, c. 269, § 5, eff. Nov. 1, 2016; Laws 2023, c. 195, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-310. Pledge or mortgage of wheat - Deduction of fee.

A. In the case of a pledge or mortgage of wheat as security for a loan under the federal price support program, the promotional fee levied pursuant to the provisions of the Oklahoma Wheat Resources Act shall be deducted from the proceeds of such loans at the time the loans are made, or shall be deducted thereafter by agencies of the federal government. Any producer’s note and loan agreement or producer’s note and supplemental loan agreement or delivery instructions issued by the federal agency to the producer are hereby approved as fulfilling the requirements for invoices, and such forms shall be deemed to constitute proof of payment of the promotional fee on the wheat listed thereon.
B. Supplemental or alternate forms which may be proposed by the Commodity Credit Corporation and contained the necessary information may be used without revision of the Oklahoma Wheat Resources Act.
C. The Commodity Credit Corporation's use of identification numbers in lieu of the name of the producer from whom the fee was collected is hereby approved, provided that authorized officials of the State of Oklahoma will have access at all reasonable times to records in the county agricultural stabilization and conservation offices showing the names of producers to whom such identification numbers have been assigned.
D. If pledged or mortgaged wheat, described in subsection A of this section, remains in farm storage for the duration of the pledge or mortgage, the promotional fee so paid at the time the loan was made shall be deemed a complete satisfaction of the fee liability unless upon subsequent actual delivery of the wheat from farm storage in satisfaction of the pledge, or mortgage in the amount of One Dollar ($1.00) or more, such underpayment being due solely for the necessity of estimating the quantity of wheat so placed in farm storage.
E. In connection with the collection of the wheat promotional fee on Commodity Credit Corporation wheat loans disbursed and purchase agreement settlement made, undercollections or overcollections of the wheat promotional fee amounting to One Dollar ($1.00) or less as a result of errors, will not require collection of the underpayment or refund of the overpayment by Commodity Credit Corporation and their responsibility in such cases shall be waived.
Added by Laws 1965, c. 59, § 12, emerg. eff. April 7, 1965. Amended by Laws 1981, c. 298, § 8, emerg. eff. June 29, 1981; Laws 2001, c. 146, § 29, emerg. eff. April 30, 2001. Renumbered from § 1032 of this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-311. Report and remittance.

A. The purchaser shall render and have on file a report with the Oklahoma Wheat Utilization, Research and Market Development Commission by the fifteenth day of each calendar quarter following any calendar quarter in which such a purchaser has purchased ten thousand (10,000) or more bushels of wheat. If less than ten thousand (10,000) bushels have been purchased, in any calendar quarter, the fee may be reported and remitted with the following quarter's return, except that all fees collected must be remitted at least once every six (6) months.
B. In case any person, business or entity, public or private, subject to the fee, fails to make a report and remittance as required, the Director of the Commission shall determine the amount of the fee according to his or her best judgment and information. The amount so fixed by the Director shall be prima facie correct. The person having failed to make the report shall, within ten (10) days after notice of the amount of the fee so fixed and computed by the Director is mailed to such person, pay the fee, together with a penalty of five percent (5%) on the amount of the fee. The person may dispute the fee as fixed by the Director and request the Commission to hold a hearing to determine the amount of the fee and penalty to be imposed. No payment shall be made until the Commission enters its order determining the amount of the payment. When the Commission determines the amount of the payment, the payment shall be paid within ten (10) days of notice of such decision.
Added by Laws 1965, c. 59, § 13, emerg. eff. April 7, 1965. Amended by Laws 2001, c. 146, § 30, emerg. eff. April 30, 2001. Renumbered from § 1033 of this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-312. Annual reports.

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.
Added by Laws 1965, c. 59, § 14, emerg. eff. April 7, 1965. Amended by Laws 1976, c. 91, § 2, emerg. eff. May 6, 1976; Laws 1981, c. 298, § 9, emerg. eff. June 29, 1981; Laws 2001, c. 146, § 31, emerg. eff. April 30, 2001. Renumbered from § 1034 of this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001. Amended by Laws 2016, c. 269, § 7, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-313. Refunds.

A. Any wheat producer subject to the assessment provided in the Oklahoma Wheat Resources Act may request a refund of the fees so assessed within sixty (60) days following the collection of the fee. Any wheat producer requesting a refund shall make application to the Oklahoma Wheat Commission for the refund of the assessment. Along with the application, the wheat producer shall submit the evidence of payment of the fee and of the amount of wheat sold required by the Commission. The Commission may verify the accuracy of the request for the refund.
B. Upon receipt of the application for a refund and evidence required, the Commission shall refund the amount of the assessment owed to the producer within thirty (30) days of the date the refund request was received and the Commission received payment from the first purchaser.
Added by Laws 1965, c. 59, § 15, emerg. eff. April 7, 1965. Amended by Laws 1982, c. 30, § 2, operative July 1, 1982; Laws 2001, c. 146, § 32, emerg. eff. April 30, 2001. Renumbered from § 1035 of this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001. Amended by Laws 2006, c. 68, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-317. Violations.

Any person violating any of the provisions of the Oklahoma Wheat Resources Act shall be guilty of a misdemeanor.
Added by Laws 1965, c. 59, § 18, emerg. eff. April 7, 1965. Amended by Laws 2001, c. 146, § 36, emerg. eff. April 30, 2001. Renumbered from § 1038 of this title by Laws 2001, c. 146, § 250, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-401. Short title - Eastern Redcedar Management Act.

Sections 18-401 through 18-408 of this title shall be known and may be cited as the "Eastern Redcedar Management Act".
Added by Laws 2010, c. 454, § 2, eff. July 1, 2010. Amended by Laws 2018, c. 13, § 1, eff. Nov. 1, 2018 and Laws 2018, c. 43, § 1, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 13, § 1 and Laws 2018, c. 43, § 1 made identical amendments to this section.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-402. Legislative intent.

It is the intent of the Legislature to:
1. Create the Eastern Redcedar Directory;
2. Provide for a directory for Eastern Redcedar trees in the state, including but not limited to the location, ownership, level of infestation and average size of the trees;
3. Promote the harvesting of Eastern Redcedars through registration in the directory and a property owner and harvester information exchange; and
4. Promote marketing, research and education efforts concerning the Eastern Redcedar tree and Eastern Redcedar products.
Added by Laws 2010, c. 454, § 3, eff. July 1, 2010. Amended by Laws 2018, c. 13, § 2, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 43, § 2 repealed by Laws 2019, c. 25, § 1, emerg. eff. April 4, 2019.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-404. Duties of the Oklahoma Department of Agriculture, Food, and Forestry.

A. The Oklahoma Department of Agriculture, Food, and Forestry shall consult with the Oklahoma Conservation Commission and the United States Department of Agriculture Natural Resources Conservation Service to establish procedures and standards and oversee the following:
1. The administration of the Eastern Redcedar Directory for Eastern Redcedar trees in the state. Private landowners in the state may register the location of their property, the level of infestation of Eastern Redcedar trees on the property, and average size of the trees on the property. The Department shall develop and implement a directory for landowners;
2. Promote the harvesting of Eastern Redcedar trees. Persons or entities involved in the harvesting of Eastern Redcedar trees or the manufacturing of products from Eastern Redcedar trees may register with the Department. The Department shall develop and implement a directory for harvesters and manufacturers;
3. Promote the development of new uses and markets for Eastern Redcedar trees and Eastern Redcedar products;
4. Promote marketing, research and education efforts concerning the Eastern Redcedar tree and Eastern Redcedar products;
5. Cooperate with any local, state, regional, or nationwide organization or agency engaged in work or activities consistent with the objectives of the Eastern Redcedar Management Act;
6. Assist communities located in any county in the state to organize and establish community-owned Eastern Redcedar projects in the community and to recruit and locate private for-profit Eastern Redcedar businesses in the community including but not limited to harvesting operations, biofuel plants, cedar oil manufacturing facilities, or other cedar product manufacturing facilities. The Department shall assist in securing financing, infrastructure and other resources. The Department shall also provide direction and assistance to the community-based projects and individually owned businesses on steps to take in order to qualify for existing sales tax credits and income tax credits;
7. Provide a process for the transfer of donated Eastern Redcedar trees from landowners to harvesters and manufacturers listed in the Department's directory; and
8. Take any other actions necessary to implement the Eastern Redcedar Management Act.
B. The Department and all landowners and harvesters shall comply with all applicable provisions of Article 16 of this title, known as the Oklahoma Forestry Code, when managing and harvesting Eastern Redcedar trees.
Added by Laws 2010, c. 454, § 5, eff. July 1, 2010. Amended by Laws 2018, c. 43, § 3, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 13, § 3 repealed by Laws 2019, c. 25, § 2, emerg. eff. April 4, 2019.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-406. Harvesting of Eastern Redcedar trees.

Eastern Redcedar trees removed from lands owned by any state agency or any person or entity with authority to remove the trees from state-owned lands may be provided to harvesters listed in the Oklahoma Department of Agriculture, Food, and Forestry's directory in a manner consistent with Section 16-57 of this title.
Added by Laws 2010, c. 454, § 7, eff. July 1, 2010. Amended by Laws 2018, c. 13, § 4, eff. Nov. 1, 2018 and Laws 2018, c. 43, § 4, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 13, § 4 and Laws 2018, c. 43, § 4 made identical amendments to this section.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-407. Eastern Redcedar Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Eastern Redcedar Management Act to be designated the "Eastern Redcedar 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 Department of Agriculture, Food, and Forestry from the state income tax checkoff as provided for in Section 18-408 of this title, the special license plate issued pursuant to Section 1135.5 of Title 47 of the Oklahoma Statutes, any state-appropriated funds, federal funds, donations, grants, contributions, and gifts from any public or private source. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department for the purposes set forth in the Eastern Redcedar Management Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2010, c. 454, § 8, eff. July 1, 2010. Amended by Laws 2012, c. 304, § 19; Laws 2018, c. 13, § 5, eff. Nov. 1, 2018 and Laws 2018, c. 43, § 5, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 13, § 5 and Laws 2018, c. 43, § 5 made identical amendments to this section.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-18-408. Contributing to Eastern Redcedar Revolving Fund - State income tax return.

A. Each individual taxpayer required to file a state income tax return who desires to contribute to the Eastern Redcedar Revolving Fund, as created in Section 18-407 of this title, may designate the contribution on the appropriate income tax form. The contribution may not increase or decrease the income or liability of the taxpayer and may be made by reducing the income tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate.
B. 1. The Oklahoma Tax Commission shall include on each state individual income tax return form for tax years beginning after December 31, 2010, an opportunity for the taxpayer to donate for the benefit of the Eastern Redcedar Revolving Fund. The instructions accompanying the income tax form shall be provided to the Oklahoma Tax Commission by the Oklahoma Department of Agriculture, Food, and Forestry and shall contain a description of the purpose for which the Eastern Redcedar Revolving Fund was established and information on the use of monies from the income tax contribution.
2. Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated by the taxpayer. The Oklahoma Tax Commission shall annually determine the total amount designated plus the amount received in excess payments and shall report the total amount to the Office of the State Treasurer. The State Treasurer shall credit the total amount to the Eastern Redcedar Revolving Fund created in Section 18-407 of this title at the earliest possible time.
C. The incremental cost of administration of contributions shall be paid out of the fund to the Oklahoma Tax Commission from amounts received pursuant to this section before funds are expended for the purposes of the fund.
Added by Laws 2010, c. 454, § 9, eff. July 1, 2010. Amended by Laws 2018, c. 13, § 6, eff. Nov. 1, 2018 and Laws 2018, c. 43, § 6, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 13, § 6 and Laws 2018, c. 43, § 6 made identical amendments to this section.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-19-1. State-federal cooperative agreement - Grading of fruits, nuts, and vegetables.

A. The Oklahoma Department of Agriculture, Food, and Forestry may enter into any cooperative agreement with the United States Department of Agriculture to certify or establish an inspection service for the purpose of grading fruits, nuts, and vegetables.
B. The terms and conditions of the cooperative agreement shall be the governing authority for the inspection service. The cooperative agreement shall include, but not be limited to, the establishment or certification of an inspection service and the grading of fruits, nuts, and vegetables.
C. To implement the terms of any state-federal cooperative agreement regarding the establishment or certification of an inspection service, the Department may employ personnel to oversee and supervise the inspection service.
D. Personnel of the inspection service shall not be employees of the state for any purpose and shall not be entitled to any state benefits including, but not limited to accrual of leave, insurance, longevity, retirement, unemployment, or workers compensation.
E. The legislature shall not appropriate funds for the operation of an inspection service established or certified to implement a cooperative agreement pursuant to this section. The legislature may appropriate funds necessary for the Department to employ personnel to supervise and oversee an inspection service.
F. Inspection service activities conducted under a cooperative agreement pursuant to this section shall be self-financed. The inspection service shall charge a fee to any person who receives inspection services pursuant to the terms of a cooperative agreement. The fees shall be commensurate to the costs of the inspection service.
Added by Laws 2004, c. 155, § 1, emerg. eff. April 26, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-19-2. Airport - Import and export of livestock.

It is the intent of the Oklahoma Legislature that an airport in the State of Oklahoma apply and receive approval from the United States Department of Agriculture and the United States Customs and Border Patrol to provide international and domestic livestock and livestock products import and export functions. The cities of Oklahoma City and Tulsa and their respective airports, the Oklahoma Department of Agriculture, Food, and Forestry, the United States Department of Agriculture and the United States Customs and Border Patrol shall cooperate to achieve this intent. The Oklahoma Department of Agriculture, Food, and Forestry shall provide a progress report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Governor no later than December 1, 2012.
Added by Laws 2011, c. 253, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-1. Legislative intent.

It is the intent of the Legislature that the law contained in the Oklahoma Swine Feeding Operations Act shall only apply to swine and operations which house swine.
Added by Laws 1998, c. 404, § 1, eff. Aug. 1, 1998. Renumbered from § 9-200 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 1, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-2. Short title and purpose.

A. Sections 20-1 through 20-29 of this title shall be known and may be cited as the "Oklahoma Swine Feeding Operations Act".
B. The purpose of the Oklahoma Swine Feeding Operations Act is to provide for environmentally responsible construction and expansion of swine feeding operations and to protect the safety, welfare and quality of life of persons who live in the vicinity of a swine feeding operation.
Added by Laws 1969, c. 116, § 1. Amended by Laws 1997, c. 331, § 1, eff. Sept. 1, 1997. Renumbered from § 9-201 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 2, eff. Nov. 1, 2007.