reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-39. Confidential business information - Trade secrets - Competitive harm.

A. In submitting information pursuant to the Oklahoma Agriculture Biotechnology Act, an applicant for a permit may designate as "confidential" any portions of the information that the applicant believes are entitled to treatment as confidential business information. A designation of confidentiality shall be made in writing and in a manner as the State Board of Agriculture may prescribe. Information designated as "confidential" may be submitted separately from other material submitted.
B. Information that would be protected from disclosure under the federal Freedom of Information Act will be classified as Confidential Business Information (CBI). This includes trade secrets and commercial or financial information found to be confidential.
C. Documents containing trade secrets which the person submitting asserts are trade secrets will be deemed CBI. "Trade secrets" means information relating to the production process. This includes production data, formulas, and processes and quality control tests and data, as well as research methodology and data generated in the development of the production process. This information must be:
1. Commercially valuable;
2. Used in one's business; and
3. Maintained in secrecy.
D. Documents containing commercial or financial information will be confidential if a review establishes that substantial competitive harm would result from disclosure. Information such as safety data, efficacy or potency data, and environmental data may be confidential information. Persons desiring protection for confidential information must submit a detailed statement containing facts to show that the person faces active competition in the area to which the information relates, and that substantial competitive harm would result from disclosure.
E. The applicant may withdraw the application at any time by providing written notice to the Board. If the application is withdrawn, all confidential business information shall be returned to the applicant and shall not be disclosed.
F. Except as provided in the Oklahoma Agriculture Biotechnology Act, no person shall reveal or use for a person’s own benefit any confidential business information received pursuant to the Oklahoma Agriculture Biotechnology Act.
Added by Laws 1990, c. 226, § 5, emerg. eff. May 17, 1990. Amended by Laws 2001, c. 146, § 120, emerg. eff. April 30, 2001. Renumbered from § 2015 of this title by Laws 2001, c. 146, § 261, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-41. Violations.

It shall be a violation of the Oklahoma Agriculture Biotechnology Act for any person not exempt from the provisions of the Oklahoma Agriculture Biotechnology Act to:
1. Maintain a regulated article without a permit from the State Board of Agriculture;
2. Move a regulated article without permission;
3. Release a regulated article into the environment without a permit;
4. Fail to comply with a quarantine or destruction order; and
5. Fail to pay a permit fee.
Added by Laws 1990, c. 226, § 7, emerg. eff. May 17, 1990. Amended by Laws 2001, c. 146, § 122, emerg. eff. April 30, 2001. Renumbered from § 2017 of this title by Laws 2001, c. 146, § 261, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-42. Penalties.

A. Any person violating the provisions of the Oklahoma Agriculture Biotechnology Act shall, upon conviction thereof, be guilty of a misdemeanor and may be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00). For the purposes of this section, each day upon which a violation is committed or is permitted to continue shall be deemed a separate offense.
B. If, after public hearing in accordance with the Administrative Procedures Act, the State Board of Agriculture shall find any person to be in violation of any of the provisions of the Oklahoma Agriculture Biotechnology Act, the Board has the authority to assess, after notice and hearing, an administrative penalty of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) for each violation. For the purpose of this section, each day upon which a violation is committed or is permitted to continue shall be deemed a separate offense.
Added by Laws 1990, c. 226, § 8, emerg. eff. May 17, 1990. Amended by Laws 2001, c. 146, § 123, emerg. eff. April 30, 2001. Renumbered from § 2018 of this title by Laws 2001, c. 146, § 261, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-80. Creation – Director – Appointment - Powers and duties.

A. There is created the Oklahoma Arboretum and Botanical Garden of Oklahoma, which shall be under the direction and supervision of the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges.
B. The director shall be appointed by the Dean of the Division of Agriculture of Oklahoma State University and approved by the Board of Regents.
C. The Oklahoma Arboretum and Botanical Garden director shall:
1. Acquire, archive, process, and disseminate information on horticultural and botanical resources that is or could be of value to policy and decision makers in the state;
2. Act as a representative of the state in horticultural matters as pertains to agriculture, both within and outside the state, when necessary or appropriate or when requested to do so by proper authority, which shall include among others the legislative or executive branches of state government;
3. Conduct research, investigations, and interpretive programs pertaining to horticultural and botanical resources, including but not limited to, native woody plant and certain herbaceous plant species distribution within the state, their relationships to each other and certain fauna and their environment as it pertains to agriculture;
4. Maintain plant inventories on or near the OSU campus and the respective associated sites including but not limited to the Tulsa Arboretum in natural or contrived ecosystems representing park and urban sites;
5. Establish a depository for preservation of live, native, and adaptive plant germplasm and as a distribution source of germplasm to cooperating affiliated arboretums, involved in plant evaluation, teaching, and research programs;
6. Maintain as a part of the statewide Arboretum plant collections representative but not restricted to the flora and plant communities of Oklahoma, which among other benefits will support research and investigative programs; and
7. Contract with persons to assist in training of students and the citizenry with respect to our native and introduced woody and herbaceous plant material and their importance to Oklahoma.
D. The establishment of the Oklahoma Arboretum and Botanical Garden shall in no way preclude or limit the research and educational activities concerning biological and botanical resources and natural or contrived areas by universities, colleges, or other government entities.
E. The director is authorized to certify copies as being authentic reproductions of arboretum resource records held in the state.
F. The director shall present a report each year to the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges.
Added by Laws 1991, c. 44, § 1, eff. Sept. 1, 1991. Amended by Laws 2001, c. 146, § 124, emerg. eff. April 30, 2001. Renumbered from § 2021 of this title by Laws 2001, c. 146, § 261, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-90. Short title - Oklahoma Scrap Metal Dealers Act.

This act shall be known and may be cited as the "Oklahoma Scrap Metal Dealers Act".
Added by Laws 2008, c. 391, § 1, eff. Nov. 1, 2008. Renumbered from § 1421 of Title 59 by Laws 2014, c. 18, § 3, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-91. Definitions.

As used in the Oklahoma Scrap Metal Dealers Act:
1. "Aluminum material" means the metal aluminum or aluminum alloy or anything made of either aluminum or aluminum alloy, except aluminum beverage cans;
2. "Copper material" means the metal copper or copper alloy or anything made of either copper or copper alloy;
3. "Department" means the Oklahoma Department of Agriculture, Food, and Forestry and its employees, officers and divisions;
4. "Digital image" means pixels intended for display on a computer monitor or for transformation into another format, such as a printed page. For purposes of this paragraph, "pixels" shall mean raster-based, two-dimensional, rectangular arrays of static data elements;
5. "Exempted seller" means any person, firm, business or governmental entity that produces or otherwise acquires any scrap metal regulated by the provisions of the Oklahoma Scrap Metal Dealers Act in the normal course of business , including, but not limited to:
a.
a mechanical, electrical or plumbing contractor currently licensed to do business in any state,
b.
a scrap metal dealer (Standard Industrial Classification Codes 5051 or 5093), currently licensed pursuant to the provisions of the Oklahoma Scrap Metal Dealers Act,
c.
a holder of a current farm-use tax permit,
d.
a manufacturer,
e.
a distributor,
f.
a retailer with a current sales tax permit, or
g.
any state-recognized business entity including a corporation, limited liability company, partnership, limited partnership and sole proprietorship;
6. "License" means a scrap metal dealer license;
7. "Remote storage battery" means a battery commonly used in telecommunications, the oil industry or infrastructure;
8. "Scrap metal" means any copper material or aluminum material or any item listed in subsection C of Section 11-93 of this title, offered for sale or resale or purchased by any person, firm or business;
9. "Scrap metal dealer" means any person, firm or corporation being an owner, keeper or proprietor of a retail or wholesale business which buys, sells, salvages, processes or otherwise handles scrap metal materials regulated by the provisions of the Oklahoma Scrap Metal Dealers Act; and
10. "Yard" means the place where any scrap metal dealer stores scrap metal materials or keeps such materials for purpose of sale.
Added by Laws 2008, c. 391, § 2, eff. Nov. 1, 2008. Amended by Laws 2013, c. 230, § 2, eff. Nov. 1, 2013. Renumbered from § 1422 of Title 59 by Laws 2014, c. 18, § 4, eff. Nov. 1, 2014. Amended by Laws 2021, c. 181, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-93. Items not to be purchased – Items regulated.

A. It shall be unlawful for scrap metal dealers permitted to do business in this state as required by the Oklahoma Scrap Metal Dealers Act to purchase any item listed in subsection C of this section without:
1. Obtaining proof that the seller owns or is authorized to sell the property, by evidence of a receipt of purchase, a bill of sale for the property, contract or other documentation; and
2. Requiring the seller to sign a written declaration in the form required by subsection E of Section 11-92 of this title; or
3. Obtaining proof that the seller is an exempted seller or an employee of an exempted seller, as defined in Section 11-91 of this title.
B. Scrap metal dealers shall not purchase any regulated items which are not delivered in a motor vehicle.
C. The following items are regulated by the provisions of this act:
1. Manhole covers, street signs, traffic signs, traffic signals, including their fixtures and hardware, and highway guard rails, or any other identifiable public property;
2. Electric light poles, including their fixtures and hardware, electric transmission or distribution cable and wires, and any other hardware associated with electric utility or telecommunication systems;
3. Any copper wire, braided or single strand, insulated or not insulated, that is four (4) gauge or larger in size;
4. Copper wire from which the actual or apparent insulation or other coating has been burned, melted or exposed to heat or fire resulting in melting some or all other insulation or coating;
5. Funeral markers, plaques or funeral vases;
6. Historical markers or public artifacts;
7. Railroad equipment;
8. Any metal item marked with any form of the name, initials or logo of a governmental entity, utility, cemetery or railroad;
9. Condensing or evaporating coil including copper coil ends;
10. Aluminum or stainless steel containers or bottles designed to contain fuel;
11. Metal beer kegs that are clearly marked as being the property of the beer manufacturer;
12. Metal bleachers or other seating facilities used in recreational areas or sporting arenas;
13. Automotive catalytic converters;
14. Machinery or supplies commonly used in the drilling, completing, operating or repairing of oil or gas wells;
15. Stainless steel fittings and fixtures commonly used in the operation of car wash facilities; and
16. Remote storage batteries.
Added by Laws 2008, c. 391, § 4, eff. Nov. 1, 2008. Renumbered from § 1424 of Title 59 by Laws 2014, c. 18, § 6, eff. Nov. 1, 2014. Amended by Laws 2021, c. 181, § 4, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-96. Sales tax permit required.

A. Any person, firm or corporation desiring to become a scrap metal dealer shall be required to obtain a sales tax permit as provided by Section 1364 of Title 68 of the Oklahoma Statutes, from the Oklahoma Tax Commission, for each scrap metal yard owned or operated by such person, firm or corporation.
B. The Tax Commission shall maintain a list of scrap metal dealers to whom sales tax permits have been issued and such list shall be made available for public inspection.
C. The Tax Commission shall not deny any person, firm or corporation desiring a sales tax permit for the purpose of scrap metal dealing due to insufficient quantity or dollar value of sales necessary to warrant such permit.
D. The Tax Commission is authorized to promulgate any rules necessary to implement the provisions of this act.
Added by Laws 2008, c. 391, § 7, eff. Nov. 1, 2008. Renumbered from § 1427 of Title 59 by Laws 2014, c. 18, § 9, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-97. Scrap metal dealer license.

A person shall not advertise, act, offer to act, hold himself or herself out, or engage in business as a scrap metal dealer in this state without a scrap metal dealer license issued by the Oklahoma Department of Agriculture, Food, and Forestry.
Added by Laws 2013, c. 230, § 5, eff. Nov. 1, 2013. Amended by Laws 2014, c. 18, § 1, eff. Nov. 1, 2014. Renumbered from § 1428 of Title 59 by Laws 2014, c. 18, § 10, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-99. Cancellation, revocation and reissuance of license - Penalties.

A. The Oklahoma Department of Agriculture, Food, and Forestry may suspend, cancel, revoke, or refuse reissuance of a scrap metal dealer license after the person has an opportunity for public hearing pursuant to the Administrative Procedures Act for any of the following causes:
1. Engages in fraud or deceit in obtaining or renewing a license;
2. Acts as a scrap metal dealer in this state without a license;
3. Aids or abets another person in acting as a scrap metal dealer without a license; or
4. Violates any of the provisions of the Oklahoma Scrap Metal Dealers Act.
B. After notice and opportunity for a hearing in accordance with the Administrative Procedures Act, if the Department finds any person in violation of the Oklahoma Scrap Metal Dealers Act or any rule promulgated or order issued pursuant thereto, the Department shall have the authority to assess an administrative penalty of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) for each violation. Each action or each day a violation continues may constitute a separate and distinct violation.
C. In addition to penalties and fines, the Department shall have authority to apply to district court and obtain a temporary or permanent injunction against anyone who violates the Oklahoma Scrap Metal Dealers Act and shall have authority to obtain or impose civil monetary penalties on anyone who violates the Oklahoma Scrap Metal Dealers Act.
D. Nothing in the Oklahoma Scrap Metal Dealers Act shall preclude the Department from seeking penalties in district court in the maximum amount allowed by law. The assessment of penalties in an administrative enforcement proceeding shall not prevent the subsequent assessment by a court of the maximum civil or criminal penalties for violations of the Oklahoma Scrap Metal Dealers Act and rules promulgated pursuant thereto.
E. Any person assessed an administrative or civil penalty may be required to pay, in addition to the penalty amount and interest thereon, attorney fees and costs associated with the collection of the penalties.
F. If any person refuses, denies or interferes with any right of access, the Department shall have the right to apply to and obtain from a district court an administrative or other warrant as necessary to enforce the right of access and inspection.
G. If the Department finds any person operating as a scrap metal dealer without a license, the Department shall have the authority to tag as "Not For Commercial Use" any weight or measure utilized by the scrap metal dealer.
Added by Laws 2013, c. 230, § 7, eff. Nov. 1, 2013. Amended by Laws 2014, c. 18, § 2, eff. Nov. 1, 2014. Renumbered from § 1430 of Title 59 by Laws 2014, c. 18, § 12, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-12-1. Written agreement with U.S. Department of Agriculture Wildlife Services – Wildlife damage management.

A. The Oklahoma Department of Agriculture, Food, and Forestry shall enter into a written agreement on behalf of the State of Oklahoma with the United States Department of Agriculture Wildlife Services. The agreement shall be for the purpose of cooperating with Wildlife Services in conducting wildlife damage management for beavers, coyotes, bobcats, feral swine, and other wildlife or invasive species causing destruction to livestock, poultry, crops, range land, forests, and other resources, including human health and safety.
B. Wildlife damage management of predatory animals and other species causing damage shall include but not be limited to hunting, trapping, or other practical methods for the control of damage to resources. Operations shall be directly supervised by the United States Department of Agriculture Wildlife Services in association with the Department. The Department is authorized to enter into cooperative agreements with counties, associations, corporations, and individuals for hunting and trapping operations and control of wildlife damage.
C. In cooperation with Wildlife Services, the Department is authorized to purchase animal damage management supplies, including but not limited to bait, for cooperating governmental agencies, counties, associations, corporations, and individuals for the control of damage caused by predatory animals and other species. The Department shall make these supplies and baits available to cooperators at approximate cost. The receipts from the sale of supplies and baits shall be credited to the State Department of Agriculture Revolving Fund.
D. Furs, skins, specimens or other parts or byproducts of commercial value collected by Wildlife Services agents shall be sold upon sealed bids after advertisement of the sales, as prescribed by the Department. The proceeds of all sales shall be credited to the State Department of Agriculture Revolving Fund. Any specimen may be presented, free of charge, to any state institution subject to the jurisdiction and control of the State of Oklahoma. No bounty shall be collected from any source for predatory animals and wildlife taken by Wildlife Services agents operating pursuant to a cooperative agreement.
Added by Laws 1963, c. 173, § 1, emerg. eff. June 7, 1963. Amended by Laws 1983, c. 242, § 10, operative July 1, 1983; Laws 2000, c. 243, § 114, emerg. eff. May 24, 2000; Laws 2017, c. 57, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-12-2. Agents authorized to carry firearms.

It shall be lawful for an authorized agent of the State Board of Agriculture engaged in wildlife damage management, pursuant to the provisions of Section 12-1 of this title, to carry firearms in the course of his or her official duties. Authorized agents shall successfully pass a background check by the Oklahoma Department of Agriculture, Food, and Forestry and be trained in accordance with United States Department of Agriculture Wildlife Services guidelines for the use of firearms in wildlife damage management.
The names of agents authorized by the Board to carry firearms shall be furnished to the Oklahoma Department of Public Safety.
Added by Laws 1983, c. 34, § 1, emerg. eff. April 20, 1983. Amended by Laws 2000, c. 243, § 115, emerg. eff. May 24, 2000; Laws 2017, c. 57, § 2, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-1. Bureau of Standards established.

There shall be established a State Bureau of Standards of weights, measures, and tests of all kinds. This Bureau shall be a part of the Oklahoma Department of Agriculture, Food, and Forestry, which shall provide facilities for its use. The Director of Laboratory Services shall act as Director of the Bureau of Standards .
Added by Laws 1915, c. 81, § 1. Amended by Laws 1971, c. 84, § 1, emerg. eff. April 16, 1971; Laws 2000, c. 243, § 118, emerg. eff. May 24, 2000. Renumbered from § 1 of Title 83 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001. Amended by Laws 2013, c. 118, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-2. Standards and methods.

The Director of the Bureau of Standards shall have charge of the various standards of weights, measures, and testing devices received by this state from the United States pursuant to Resolutions of Congress approved June 14, 1836, and July 27, 1866, and any future standards which may be received from the United States. The Director shall have charge of the various state or office standards purchased by this state for the Bureau.
The Director shall have charge and control of the standard methods of weighing, measuring, and testing in this state. The Director shall maintain the standards in good order and shall submit a set of standards called the reference standards to the National Institute of Standards and Technology (NIST) for certification.
Added by Laws 1915, c. 81, § 3. Amended by Laws 1983, c. 65, § 1, eff. Nov. 1, 1983; Laws 2000, c. 243, § 119, emerg. eff. May 24, 2000. Renumbered from § 3 of Title 83 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001. Amended by Laws 2013, c. 118, § 4, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-3. State standards.

The weights, measures, and testing devices received from the United States pursuant to Joint Resolutions of Congress approved June 14, 1836, and July 27, 1866, now in the care and custody of the State Bureau of Standards, and the weights and measures in conformity with the Resolutions, when certified by the National Institute of Standards and Technology (NIST), shall be the state standards of weights and measures. Copies of the state standards of weights and measures and other weights, measures, and apparatus shall be supplied by this state to implement the provisions of this article.
Added by Laws 1949, p. 646, § 1. Amended by Laws 1983, c. 65, § 2, eff. Nov. 1, 1983; Laws 2000, c. 243, § 120, emerg. eff. May 24, 2000. Renumbered from § 3.1 of Title 83 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-4. General control - Seal.

The Bureau of Standards shall be available to all state departments, municipal and private corporations, and citizens of this state. The Bureau shall be the highest official authority with regard to standards of weights, measures, and testing devices, and methods of weighing, measuring, and testing for this state. The findings of the Bureau of Standards in any case or question shall be considered prima facie evidence of the correctness of the case or question. All officers enforcing the standards for weights, measures, and testing devices in this state shall submit their weighing, measuring, and testing devices to the State Bureau of Standards at those periods determined by the Director of the Bureau of Standards for certification and seal.
Added by Laws 1915, c. 81, § 4. Amended by Laws 1983, c. 65, § 3, eff. Nov. 1, 1983; Laws 2000, c. 243, § 121, emerg. eff. May 24, 2000. Renumbered from § 4 of Title 83 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001. Amended by Laws 2013, c. 118, § 5, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-5. Fees.

The State Board of Agriculture shall establish fees for all tests and certifications made by the Bureau of Standards. The fees shall in no case exceed those established for similar work by the National Institute of Standards and Technology. The fees collected shall be deposited with the State Treasurer in the State Department of Agriculture Revolving Fund.
Added by Laws 1915, c. 81, § 5. Amended by Laws 1971, c. 84, § 3, emerg. eff. April 16, 1971; Laws 2000, c. 243, § 122, emerg. eff. May 24, 2000. Renumbered from § 5 of Title 83 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001. Amended by Laws 2013, c. 118, § 6, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-6. Information.

The Bureau of Standards shall provide information for general distribution, literature, and directions regarding weights, measures and tests, and methods of weighing, measuring, and testing as recommended by the Director of the Bureau of Standards.
Added by Laws 1915, c. 81, § 6. Amended by Laws 1971, c. 84, § 4, emerg. eff. April 16, 1971; Laws 2000, c. 243, § 123, emerg. eff. May 24, 2000. Renumbered from § 6 of Title 83 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001. Amended by Laws 2013, c. 118, § 7, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-7. Legislative intent.

It is declared to be the intent of this Legislature that the State Department of Agriculture administer this article in a manner which will provide protection for consumers of those goods and services which can be accurately measured, improve the quality and safety of the products produced in this state, and provide the assurance to the people of this state and others that manufactured products are what they claim to be.
Added by Laws 1974, c. 84, § 1, emerg. eff. April 19, 1974. Amended by Laws 2000, c. 243, § 124, emerg. eff. May 24, 2000. Renumbered from § 8 of Title 83 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-31. Definitions

As used in this article:
1. “Correct” means conformance to all applicable requirements of this article;
2. “Field standard” means the physical standards which are traceable to the reference standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and rules;
3. “National Conference on Weights and Measures, Inc. (NCWM)” means the national professional organization composed of regulatory officials, industry representatives, and individuals having an interest in weights and measures that develop consensus standards in areas of weighing and measuring device regulation, commodity regulation, and administration of regulatory weights and measures program;
4. “National Institute of Standards and Technology (NIST)” means that subdivision of the United States Department of Commerce responsible for maintaining the standard weights and measures of the United States;
5. “Package” means any commodity put up or uniformly wrapped or sealed in advance of sale in units suitable for either wholesale or retail sale;
6. “Reference standards” means the physical standards of the state which serve as the legal reference from which all other standards and weights and measures are derived;
7. “Sale from bulk” means the sale of commodities when the quantity is determined at the time of sale; and
8. “Weights or measures” means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any instruments and devices. “Weight” used in connection with any commodity means net weight.
Added by Laws 1976, c. 108, § 1, emerg. eff. May 12, 1976. Amended by Laws 2000, c. 243, § 54, emerg. eff. May 24, 2000. Renumbered from § 5-61a of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-32. Customary use and metric system

A. The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized. Either one or both of these systems shall be used for all commercial purposes in the state.
B. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Conference on Weights and Measures are recognized and shall govern weighing and measuring equipment and transactions in the state.
Added by Laws 1976, c. 108, § 2, emerg. eff. May 12, 1976. Amended by Laws 2000, c. 243, § 55, emerg. eff. May 24, 2000. Renumbered from § 5-61b of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-33. State primary and secondary standards.

Weights and measures that are traceable to the United States prototype standards supplied by the federal government or approved by the National Institute of Standards and Technology shall be the state reference standards of weights and measures and shall be maintained in the calibration prescribed by the National Institute of Standards and Technology. All field standards may be prescribed by the State Board of Agriculture and shall be verified upon their initial receipt and as required by the Board.
Added by Laws 1976, c. 108, § 3, emerg. eff. May 12, 1976. Amended by Laws 2000, c. 243, § 56, emerg. eff. May 24, 2000. Renumbered from § 5-61c of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-34. Commercial and regulatory weighing and measuring devices.

The specifications, tolerances and other technical requirements for commercial and regulatory weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in National Bureau of Standards Handbook 44, "Specifications, Tolerances and Other Technical Requirements for Commercial Weighing and Measuring Devices," and supplements thereto or revisions thereof shall apply to commercial and regulatory weighing and measuring devices in the state, except insofar as modified or rejected by regulation.
Added by Laws 1976, c. 108, § 4, emerg. eff. May 12, 1976. Amended by Laws 1987, c. 68, § 1, eff. July 1, 1987; Laws 2000, c. 243, § 57, emerg. eff. May 24, 2000. Renumbered from § 5-61d of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-36. Request for testing.

The State Board of Agriculture may, at the request of the owner or user of any weighing or measuring device, test a device upon payment of a fee for expenses.
Added by Laws 1976, c. 108, § 6, emerg. eff. May 12, 1976. Amended by Laws 2000, c. 243, § 59, emerg. eff. May 24, 2000. Renumbered from § 5-61f of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-37. Enforcement of regulations.

When necessary for the enforcement of this article or rules promulgated pursuant thereto, the State Board of Agriculture may:
1. Issue stop-use, hold, and removal orders for any weights and measures commercially used, and issue stop-sale, hold, and removal orders for any packaged commodities or bulk commodities kept, offered, or exposed for sale; and
2. Seize for use as evidence any incorrect or unapproved weight, measure, package, or commodity used, retained, offered, or exposed for sale or sold in violation of this article or rules promulgated pursuant thereto.
Added by Laws 1976, c. 108, § 7, emerg. eff. May 12, 1976. Amended by Laws 2000, c. 243, § 60, emerg. eff. May 24, 2000. Renumbered from § 5-61g of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-38a. Compliance.

Any person subject to the provisions of Sections 14-31 through 14-43 of Title 2 of the Oklahoma Statutes shall comply with the provisions of the National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements or revisions and the National Institute of Standards and Technology Handbook 133, “Checking the Net Contents of Packaged Goods,” and supplements or revisions.
Added by Laws 2009, c. 8, § 3, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-39. Liquid measure.

Except as provided by the State Board of Agriculture, commodities in liquid form shall be sold by liquid measure or by weight. Commodities not in liquid form shall be sold only by weight, measure, or count, so long as the method of sale provides accurate quantity information.
Added by Laws 1976, c. 108, § 9, emerg. eff. May 12, 1976. Amended by Laws 2000, c. 243, § 62, emerg. eff. May 24, 2000. Renumbered from § 5-61i of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-40. Labeling.

A. Except as provided in this article or by rules promulgated pursuant thereto, any package kept for the purpose of sale, offering for sale, or exposing for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of:
1. The identity of the commodity in the package, unless the commodity can easily be identified through the wrapper or container;
2. The quantity of contents in terms of weight, measure, or count; and
3. The name and place of business of the manufacturer, packer, or distributor if the package is kept, offered or exposed for sale, or sold in any place other than the premises where packed.
B. In addition, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight.
Added by Laws 1976, c. 108, § 10, emerg. eff. May 12, 1976. Amended by Laws 2000, c. 243, § 63, emerg. eff. May 24, 2000. Renumbered from § 5-61j of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-41. Advertising.

Whenever a packaged commodity is advertised in any manner and the retail price is stated, a declaration of quantity shall also appear on the package closely associated with the retail price. Where a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.
Added by Laws 1976, c. 108, § 11, emerg. eff. May 12, 1976. Amended by Laws 2000, c. 243, § 64, emerg. eff. May 24, 2000. Renumbered from § 5-61k of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-42. Penalty.

It shall be unlawful for any person to violate any provision of this article or rules promulgated by the State Board of Agriculture. No person shall:
1. Use or have in possession for use in commerce any incorrect weight or measure;
2. Remove any tag, seal, or mark from any weight or measure without specific written authorization from the proper authority; or
3. Hinder or obstruct any weights and measures official in the performance of the duties of such official.
Added by Laws 1976, c. 108, § 12, emerg. eff. May 12, 1976. Amended by Laws 2000, c. 243, § 65, emerg. eff. May 24, 2000. Renumbered from § 5-61l of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-43. Injunction - Presumption.

If a weight or measure or weighing or measuring device exists where buying or selling is commonly carried on, there shall be a rebuttable presumption that the weight, measure, or weighing or measuring device is regularly used for business purposes.
Added by Laws 1976, c. 108, § 13, emerg. eff. May 12, 1976. Amended by Laws 2000, c. 243, § 66, emerg. eff. May 24, 2000. Renumbered from § 5-61m of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-61. Short title.

This article shall be known as the “Oklahoma Service Technician and Service Agency Act”.
Added by Laws 1990, c. 249, § 1, eff. Jan. 1, 1991. Amended by Laws 2000, c. 243, § 67, emerg. eff. May 24, 2000. Renumbered from § 5-62.1 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-62. Definitions.

As used in the Oklahoma Service Technician and Service Agency Act:
1. “Commercial weighing and measuring device” means any weight or measure that is used or employed in establishing size, quantity, grade, extent, area, measurement of quantities, things, products, or articles for distribution or consumption which are purchased, offered or submitted for sale, hire or award, or in computing any basic charge or payment for services rendered. The term commercial weighing and measuring device shall also include any accessory attached to or used in connection with a weighing or measuring device when the accessory is so designed or installed that its operation affects, or may affect, the accuracy of the weight or measure;
2. “Placing-in-service report” means a report on a form approved by the State Board of Agriculture listing the name, address, and location of the commercial weight or measure, and information stating in detail what services were performed and whether the weight or measure is new or removed from the premises, the date the service was performed, and other required information;
3. “Service” means to install, adjust, sell, repair, condition, recondition, overhaul, test, or remove from installation, a weight, measure, or weighing or measuring device;
4. “Service agency” means any person who services a weight or measure for hire, award, commission, or any other payment of kind;
5. “Service technician” means any individual who services a weight or measure for hire, award, commission, or any other payment of kind; and
6. “Test” means to test a weighing and measuring device according to the laws, rules, and the specifications and tolerances adopted by the National Conference on Weights and Measures and published in Handbook 44, “Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices”.
Added by Laws 1990, c. 249, § 2, eff. Jan. 1, 1991. Amended by Laws 2000, c. 243, § 68, emerg. eff. May 24, 2000. Renumbered from § 5-62.2 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-64. Board - Powers and Duties.

When necessary for the enforcement of the Oklahoma Service Technician and Service Agency Act, the State Board of Agriculture shall have the following powers and duties:
1. Issue stop sale, stop use, hold, and removal orders with respect to any weight or measure found to be in violation of the Oklahoma Service Technician and Service Agency Act;
2. Seize for use as evidence any incorrect or unapproved weight or measure found to be used, retained, or sold in violation of the Oklahoma Service Technician and Service Agency Act or rules promulgated pursuant thereto;
3. Conduct investigations to ensure compliance with the Oklahoma Service Technician and Service Agency Act and rules promulgated thereto; and
4. Enter into contracts with state or federal agencies for the conduct of weight and measure testing.
Added by Laws 1990, c. 249, § 4, eff. Jan. 1, 1991. Amended by Laws 2000, c. 243, § 70, emerg. eff. May 24, 2000. Renumbered from § 5-62.4 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-65. Service technicians and service agencies - Powers, duties and responsibilities.

Licensed service technicians and service agencies shall:
1. Submit a placing in service report to the State Board of Agriculture within five (5) calendar days after service is provided when required by the Board;
2. Have the authority to remove an official rejection tag after the device has been repaired, tested, and found to meet requirements. The rejection tag and the service technician/service agency test report shall accompany the placing-in-service report submitted to the Board;
3. Attach a seal approved by the Board identifying the service agency, signed and dated by the service technician, stating that the commercial device has been tested in accordance with the provisions in Handbook 44 and is suitable for use as a commercial device;
4. Have available and use sufficient standards and equipment to adequately test weights and measures as set forth in the notes section of each applicable code in Handbook 44, “Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices”, and have the handbook in their possession. The equipment shall meet the specifications corresponding to the series of NIST Handbook 105, “Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures”, supplements and revisions;
5. Submit to the Board, as required by the Board of Control of the State Bureau of Standards, for examination and certification, any standards and testing equipment that are used or are to be used in the performance of the service and testing functions. A licensed service technician or service agency shall not use any weight or measure standard or testing equipment that has not been approved by the Board; and
6. Maintain all records required by the Board.
Added by Laws 1990, c. 249, § 5, eff. Jan. 1, 1991. Amended by Laws 2000, c. 243, § 71, emerg. eff. May 24, 2000. Renumbered from § 5-62.5 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-66. Owner serviced and maintained devices.

Nothing in the Oklahoma Service Technician and Service Agency Act shall prohibit a weight or measure owner or a regular employee of the owner from servicing or repairing a device. However, if the device is found out of tolerance and is rejected by the State Board of Agriculture, the owner is responsible for repairing the device within the time specified on the rejected tag. In addition, the owner shall notify the Board when the device is repaired and in operation. The owner shall pay a fee commensurate with the expense incurred by the Board in performing the follow-up inspection or test.
Added by Laws 1990, c. 249, § 6, eff. Jan. 1, 1991. Amended by Laws 2000, c. 243, § 72, emerg. eff. May 24, 2000. Renumbered from § 5-62.6 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-67. Owner serviced and maintained devices.

Nothing in the Oklahoma Service Technician and Service Agency Act shall prohibit a weight or measure owner or a regular employee of the owner from servicing or repairing a device. However, if the device is found out of tolerance and is rejected by the State Board of Agriculture, the owner is responsible for repairing the device within the time specified on the rejected tag. In addition, the owner shall notify the Board when the device is repaired and in operation. The owner shall pay a fee commensurate with the expense incurred by the Board in performing the follow-up inspection or test.
Added by Laws 1990, c. 249, § 6, eff. Jan. 1, 1991. Amended by Laws 2000, c. 243, § 73, emerg. eff. May 24, 2000. Renumbered from § 5-62.7 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-68. Administration and enforcement of act - Rules, regulations, standards and evaluations.

The State Board of Agriculture shall administer and enforce the provisions of the Oklahoma Service Technician and Service Agency Act and shall promulgate rules, standards and evaluations, and work performance of each category of weight or measure. The rules, and standards or evaluation of weight or measure shall conform as nearly as practicable to the handbooks as specified in this article and adopted by the National Conference on Weights and Measures.
Added by Laws 1990, c. 249, § 8, eff. Jan. 1, 1991. Amended by Laws 2000, c. 243, § 74, emerg. eff. May 24, 2000. Renumbered from § 5-62.8 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-14-69. Suspension, cancellation, revocation or refusal to re-issue license - Violations - Criminal penalties.

A. The State Board of Agriculture may suspend, cancel, revoke, or refuse reissuance of a license after the person has an opportunity for public hearing pursuant to the Administrative Procedures Act. In addition, the person may be prosecuted for any of the following violations:
1. Failure to correct work on each job which fails to meet the requirements and required testing procedures as adopted by the National Conference on Weights and Measures and published in Handbook 44 as amended;
2. Failure to complete the placing-in-service report in its entirety and to report the accurate description of parts replaced, adjusted, or reconditioned and work performed;
3. Failure to report in a contract or work agreement a written explanation of the actual repairs required to repair the weight or measure to meet the requirements;
4. Failure to furnish to the Board, upon request, duplicated copies of the service agency or any service technician weight or measure test report, or any other information required by the Board;
5. To test or place in service a weight or measure that does not meet the requirements for a commercial device as specified in Handbook 44 and the required testing procedures for the category of weight and measure;
6. Making a misrepresentation for the purpose of defrauding;
7. Operating as a service technician or service agency without proper license;
8. Repairing a weight or measure unless the repair involved causes the weight or measure to meet the requirements of the Oklahoma Service Technician and Service Agency Act for at least ninety (90) days after the repairs;
9. Failure to submit a placing-in-service report to the Board within five (5) calendar days after that repair, installation, or removal is performed; and
10. Filing a false or fraudulent application to the Board.
B. It shall be unlawful for any person, holder or nonholder of a valid license to violate any provisions of the Oklahoma Service Technician and Service Agency Act or rules promulgated thereto. Any violation shall be punishable by the imposition of a fine of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00).
Added by Laws 1990, c. 249, § 9, eff. Jan. 1, 1991. Amended by Laws 2000, c. 243, § 75, emerg. eff. May 24, 2000. Renumbered from § 5-62.9 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.