reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-404. Court action against persons not abiding by disease control measures – Hearing – Violation.

A. If the State Board of Agriculture determines that a person has not or is not reasonably likely to abide by the disease control measures established by the Board, the Board may request a court hearing to determine if the emergency temporary restrictions should continue. The court shall schedule the hearing as expeditiously as possible. When the Board requests a court hearing under this section, restrictions pursuant to Section 17 of this act shall continue to apply to the person until the court has held the temporary emergency restrictions hearing and issues an order either continuing the emergency disease control measures established by the Board or removing the emergency disease control measures.
B. If the Board requests a court hearing pursuant to this section, notice of the hearing must be served upon any person restricted at least twenty-four (24) hours before the hearing.
C. The notice must contain the following information:
1. The time, date, and place of the hearing;
2. The grounds and underlying facts upon which continued restrictions are sought;
3. The person's right to appear by electronic means at the hearing and the right to have a representative appear in person at the hearing;
4. The person's right to present and cross-examine witnesses; and
5. The person's right to counsel, including the right, if the person is indigent, to representation by counsel designated by the court or county of venue.
D. 1. The court may order the continued restriction on the movement of the person if it finds, by a preponderance of the evidence, that travel outside of the quarantine zone by the person would pose an imminent threat of transporting a dangerous, infectious, or communicable disease outside of the boundaries of the quarantine zone.
2. If the person agrees to sign and comply with the acknowledgment form referred to in Section 17 of this act, the temporary restrictions shall not continue longer than thirty (30) days.
3. If the person refuses to sign and comply with the acknowledgment form, the temporary restrictions shall continue for a longer time as specified by the court. Refusal by the person to sign and comply with the acknowledgment form constitutes a knowing violation of the Animal Disease Outbreak Temporary Emergency Act.
Added by Laws 2002, c. 173, § 18, emerg. eff. May 6, 2002.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-502. Definitions.

As used in the Oklahoma Farmed Cervidae Act:
1. "Cervid", "cervidae", and "deer" mean any member of the cervidae family;
2. "Commercial" means to manage on a business basis or engage in any transaction or exchange for consideration including barter, the offer to sell, or possession with intent to sell for profit or monetary gain;
3. "Department" means the Oklahoma Department of Agriculture, Food, and Forestry;
4. "Farmed cervidae" means all species of the cervid family and hybrids including white-tailed deer, elk, mule deer, red deer, or any other member of the family cervidae specified in rule by the State Board of Agriculture with written concurrence of the Department of Wildlife Conservation that are raised or maintained within a perimeter fence or confined space for the production of meat and other agricultural products, sport, exhibition, personal use, or any other purpose. Farmed cervidae shall be considered livestock as long as they remain in a farmed cervidae facility. Farmed cervidae shall not include cervidae in a commercially licensed hunting facility;
5. "Farmed cervidae facility" means any private or public premises that contain one or more privately owned cervidae and the privately owned cervidae are not removed from the premises through hunting;
6. "Native cervidae" means any and all cervidae that are indigenous to Oklahoma or are living in a state of nature;
7. "Noncommercial" means to manage for personal enjoyment and personal use;
8. "Operator" means the person who performs the daily farmed cervidae management functions;
9. "Owner" means a person with legal title to a farmed cervid or herd of farmed cervidae;
10. "Premises" means the ground, area, buildings, water source and equipment commonly shared by a herd of cervidae; and
11. "Proof of ownership" means an inspection certificate of sale from a licensed public livestock market showing individual identification, a bill of sale, a certificate of sale, court orders, a statement that the cervidae was born from animals owned by the seller, or any other document the Department deems acceptable.
Added by Laws 2006, c. 138, § 2, eff. Nov. 1, 2006. Amended by Laws 2010, c. 360, § 1, eff. July 1, 2010; Laws 2011, c. 298, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-503. Authority to enter premises or mode of transportation – Commercial hunting facilities – Rules – Powers of Department.

A. Authorized agents of the Oklahoma Department of Agriculture, Food, and Forestry shall have the authority to enter any premises or mode of transportation as authorized pursuant to Section 2-14 of this title for the purpose of implementing or enforcing the Oklahoma Farmed Cervidae Act, or rules promulgated pursuant thereto.
B. Authorized agents of the Department of Wildlife Conservation shall have the authority to enter and inspect any premises pursuant to Section 3-201 of Title 29 of the Oklahoma Statutes for the purpose of implementing and enforcing the Oklahoma Wildlife Conservation Code or rules promulgated pursuant thereto.
C. The Oklahoma Farmed Cervidae Act shall not apply to the regulation of facilities owned and operated for the purpose of commercial hunting of farmed or captive-bred cervidae. Commercial hunting facilities shall remain under the jurisdiction of the Department of Wildlife Conservation.
D. The State Board of Agriculture is authorized to promulgate rules necessary, expedient, or appropriate for the performance, enforcement, or carrying out of any of the purposes, objectives, or provisions of the Oklahoma Farmed Cervidae Act, including the establishment of fees. All fees shall be fair and equitable to all parties concerned. Rules shall be promulgated pursuant to the Administrative Procedures Act.
E. The Oklahoma Department of Agriculture, Food, and Forestry shall have the authority to:
1. Issue, renew, deny, modify, suspend, cancel, and revoke any registration, permit, certificate, license, identification, or order issued pursuant to the provisions of the Oklahoma Farmed Cervidae Act;
2. Issue entry or import permits to any person transporting farmed cervidae into this state;
3. Investigate complaints and violations of the Oklahoma Farmed Cervidae Act;
4. Issue quarantines, initiate control measures, confiscate, and destroy farmed cervidae that present a danger to native cervidae, other animals, or to the public safety or welfare;
5. Negotiate reciprocal agreements with the federal government or any state, or any department or agency of either; and
6. Exercise all incidental powers as necessary and proper to implement and enforce the provisions of the Oklahoma Farmed Cervidae Act.
Added by Laws 2006, c. 138, § 3, eff. Nov. 1, 2006. Amended by Laws 2012, c. 191, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-504. Farmed cervidae facility license.

A. No person shall breed, possess, or raise cervidae for commercial or noncommercial purposes without first obtaining a farmed cervidae facility license from the Oklahoma Department of Agriculture, Food, and Forestry.
B. The Department may issue a farmed cervidae facility license to any person that lawfully obtains cervidae, acts in good faith, and adheres to the laws and rules of the state, including the provisions of the Oklahoma Farmed Cervidae Act. Nothing in this section shall prevent the Department from issuing a license to persons the Department deems have obtained cervidae from a legal source, acted in good faith, and failed to recognize a license was required.
C. All persons issued a farmed cervidae license shall abide by all provisions of the Oklahoma Farmed Cervidae Act. An initial application for a farmed cervidae facility license shall contain the following:
1. Name, address, and telephone number of the owner;
2. Name, address, and telephone number of the operator, if different from the owner;
3. Name, address, and telephone number of the primary contact;
4. Farm name, facility address, and facility telephone number;
5. Name, address and telephone number of the location where records are kept;
6. Specific legal description of the facility to the nearest quarter section;
7. A map showing topography of the area with a diagram of the facility structures, fencing plan, and perimeter clearly marked;
8. Whether the applicant has been convicted of a felony, misdemeanor, administrative, or civil violation of any natural resources requirements, including but not limited to wildlife, forestry, fisheries, environment, or animal health within the past three (3) years in the state or any other jurisdiction;
9. Whether the property where the farmed cervidae facility is located is owned or leased;
10. An initial inventory of the farmed cervidae, including their ages, breed and species, and a minimum of one form of official individual identification approved by the Department;
11. Method of carcass disposal for the facility;
12. Driving directions from the nearest town;
13. A list of each name the farmed cervidae facility operates under; and
14. Signed statement declaring: "I certify under penalty of law this document, all attachments, and information submitted are to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for knowingly submitting false, inaccurate, or incomplete information, including the possibility of fines for each violation."
D. Using information from the application and from the state's files, the Department shall determine:
1. The accuracy of all materials in the application; and
2. Whether the applicant can reasonably be expected to comply with all legal requirements of the license.
E. The Department shall not issue a farmed cervidae facility license if the facility is not inspected by the Department.
Added by Laws 2006, c. 138, § 4, eff. Nov. 1, 2006. Amended by Laws 2010, c. 360, § 2, eff. July 1, 2010; Laws 2016, c. 228, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-506. Escaped farmed cervidae.

A. An owner or operator shall ensure farmed cervidae do not run at large and shall take all reasonable efforts to return any escaped farmed cervidae to their enclosures as soon as possible.
B. The owner or operator shall immediately notify the Oklahoma Department of Agriculture, Food, and Forestry and the local game warden of the Department of Wildlife Conservation if farmed cervidae escape.
C. If an owner or operator is unwilling or unable to capture escaped farmed cervidae, the Department of Wildlife Conservation has the authority to destroy the escaped farmed cervidae.
D. Any farmed cervidae that escape from a farmed cervidae facility and are taken by a licensed hunter in a manner that complies with the Oklahoma Wildlife Conservation Code shall be considered a legal taking and neither the licensed hunter, the state, nor any state agency shall be liable to the owner for taking the escaped farmed cervidae.
Added by Laws 2006, c. 138, § 6, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-507. Violations of act.

It shall be unlawful and a violation of the Oklahoma Farmed Cervidae Act for any person:
1. To refuse an inspection authorized by the Oklahoma Farmed Cervidae Act;
2. To commingle or integrate any native cervidae into a farmed cervidae herd;
3. To intentionally commingle or integrate any farmed cervidae with native cervidae;
4. To fail to maintain records as required by law;
5. To fail to maintain fencing as required by law;
6. To fail to pay any fee, fine, or penalty as required and established pursuant to the Oklahoma Farmed Cervidae Act;
7. To fail to comply with any State Board of Agriculture order; or
8. To violate any provision of the Oklahoma Farmed Cervidae Act.
Added by Laws 2006, c. 138, § 7, eff. Nov. 1, 2006. Amended by Laws 2012, c. 191, § 2, eff. Nov. 1, 2012; Laws 2023, c. 47, § 1, eff. July 1, 2023.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-508. Slaughter of farmed cervidae – Disposition of hides or antlers.

A. Owners and operators of licensed farmed cervidae facilities may slaughter farmed cervidae at any time throughout the year pursuant to the Exotic Livestock and Exotic Livestock Products Inspection Act.
B. An owner or operator may slaughter their own farmed cervidae for personal or noncommercial consumption.
C. Owners and operators of licensed farmed or commercial cervidae facilities may sell, use, or dispose of hides or antlers from slaughtered farmed cervidae, provided they comply with all requirements in rules promulgated by the State Board of Agriculture with input from the Department of Wildlife Conservation.
D. An owner or operator shall only sell or dispose of antlers with attached skull plates in the following circumstances:
1. Each set of antlers shall be individually identified with sufficient documentation linking it to the farmed or commercial cervidae facility, including, but not limited to, photographs, lock-on identification tags, DNA testing, or other proof of ownership;
2. In no case shall an owner or operator sell or dispose of antlers without appropriate documentation; and
3. The owner or operator shall provide a copy of all appropriate documentation to the purchaser or recipient at the time of sale or disposal.
E. The sale or disposal of antler sheds or antlers that are attached to the skull plate shall not be restricted.
F. Facilities shall comply with all carcass disposal requirements. The following methods may be used for disposal of carcasses from a farmed cervidae facility:
1. Rendering;
2. Landfill;
3. Burial;
4. Incineration; or
5. Composting.
Added by Laws 2006, c. 138, § 8, eff. Nov. 1, 2006. Amended by Laws 2010, c. 360, § 4, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-509. Administrative or criminal penalty, assessment – Cancellation or revocation of registration, permit, certificate, license, identification, or order – Violations of Wildlife Conservation Code.

A. The assessment of an administrative or criminal penalty for violations of the Oklahoma Farmed Cervidae Act shall be pursuant to Section 2-18 of Title 2 of the Oklahoma Statutes.
B. Any person with a registration, permit, certificate, license, identification, or order that is canceled or revoked by the Oklahoma Department of Agriculture, Food, and Forestry shall be prohibited from obtaining a new registration, permit, certificate, license, identification, or order until after the date the canceled or revoked registration, permit, certificate, license, identification, or order would have expired.
C. Any person that violates the provisions of the Oklahoma Wildlife Conservation Code contained in Title 29 of the Oklahoma Statutes shall be subject to the administrative and criminal provisions contained in the Oklahoma Wildlife Conservation Code.
Added by Laws 2006, c. 138, § 9, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-510. Emergency orders - Compliance – Hearings – Review of order, priority.

A. Whenever the State Veterinarian finds that an emergency exists requiring immediate action to protect the public health or welfare or to protect farmed or native cervidae from any animal disease or pest, the State Veterinarian may without notice or hearing issue an order that shall be effective upon issuance, reciting the existence of an emergency and requiring that immediate action be taken to meet the emergency.
B. Any person to whom an emergency order is directed shall comply immediately but may request an administrative enforcement hearing within fifteen (15) days after the order is served.
C. The administrative enforcement hearing shall be held by the Oklahoma Department of Agriculture, Food, and Forestry within ten (10) working days after receipt of the request.
D. With the input of the Department of Wildlife Conservation, the State Board of Agriculture shall affirm, revoke, or modify the emergency order based on the hearing record.
E. Any person aggrieved by the final order may, pursuant to the Administrative Procedures Act, petition for a judicial review of the final order.
F. The appeal when docketed shall have priority over all cases pending on the docket, other than criminal.
Added by Laws 2006, c. 138, § 10, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-511. Wrongfully injure - Farmed carvidae facility - Remove from premises.

A. No person shall wrongfully injure any cervidae upon the premises of a farmed cervidae facility that is licensed pursuant to Section 6-504 of Title 2 of the Oklahoma Statutes or wrongfully remove any cervidae from the premises of a farmed cervidae facility that is licensed pursuant to Section 6-504 of Title 2 of the Oklahoma Statutes.
B. Any violation of the provision of subsection A of this section shall be deemed a misdemeanor and, upon conviction thereof, shall be punishable by a fine not less than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail for a period not exceeding one (1) year, or by both such fine and imprisonment. In addition, any person violating the provisions of subsection A of this section shall be liable for damages of not less than three times nor more than ten times such a sum as would compensate for the actual detriment.
Added by Laws 2009, c. 458, § 1, emerg. eff. June 2, 2009.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-512. Prelicensing inspection.

A. After the initial prelicensing inspection, each premise shall be inspected at least once every other year unless there is a change in ownership or change in facilities.
B. The following prelicensing inspections shall occur:
1. Upon submission of a complete application, the Department of Agriculture, Food, and Forestry shall schedule an on-site meeting and inspection to review the facility;
2. The Department shall review the location of the facility, including breeding-pen fencing, gates, feed bunkers, shelter, carcass disposal areas, and any other facilities for the location;
3. The Department may request appropriate changes to the facility design;
4. In no case shall a license for a farmed cervidae facility be granted unless the Department has conducted a prelicensing inspection and the Department has approved the facility based on that inspection; and
5. The license shall be revoked for any facility that does not construct or operate the facility in accordance with the approved prelicensing inspection.
C. All new facilities shall be inspected within ninety (90) calendar days prior to issuing a new license.
D. It is the responsibility of the owner or operator to arrange the appropriate inspection and the Department shall be given adequate time to respond to the request for the initial inspection.
E. Authorized agents of the Oklahoma Department of Wildlife Conservation shall have the authority to enter and inspect any premises pursuant to Section 3-201 of Title 29 of the Oklahoma Statutes for the purpose of implementing and enforcing the Oklahoma Wildlife Conservation Code.
Added by Laws 2010, c. 360, § 5, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-513. Written complaint procedures.

A. Upon receipt of a written complaint, the Department of Agriculture, Food, and Forestry shall notify the person filing the complaint in writing of its receipt and status within five (5) working days. The party whom the complaint is filed against, if known, shall be notified within five (5) working days. The resolution of a complaint is the completion of the appropriate administrative, jurisdictional, and legal remedies to the extent possible by the Department. The complainant and owner shall be notified in writing within seven (7) working days after resolution of the complaint.
B. The Department may initiate an investigation at any time.
Added by Laws 2010, c. 360, § 6, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-514. Denial, revocation, cancelation, or suspension of license.

A. The license of any owner or operator may be revoked if it is determined at an administrative hearing that the owner or operator has violated any provision of the Oklahoma Farmed Cervidae Act.
B. In the event a license is denied, revoked, cancelled, or suspended, the owner or operator is not eligible to reapply until after the date the license would have expired.
Added by Laws 2010, c. 360, § 7, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-515. Disposal of cervidae - Cleaning of premises.

A. Upon expiration of a license, the owner or operator may take up to one hundred twenty (120) days to dispose of all cervidae at the facility.
B. In no case shall the farmed cervidae be released into the wild.
C. Cleaning and disinfection of the premises shall be completed immediately upon closure of the facility in circumstances of disease if required by the Department of Agriculture, Food, and Forestry.
Added by Laws 2010, c. 360, § 8, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-516. Regulations relating to import of nonnative cervidae to be consistent with federal regulations.

Any regulation relating to the import of nonnative cervidae adopted by a local government, authority, or state agency or office shall be consistent with corresponding federal regulations.
Added by Laws 2019, c. 217, § 2, emerg. eff. April 29, 2019.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-602. Purpose.

The purpose of the Feral Swine Control Act is to provide aggressive measures to reduce the number of feral swine in Oklahoma. Feral swine are a nonnative invasive species in Oklahoma that are detrimental to the natural resources of Oklahoma and agriculture production, and a disease risk. As the feral swine population increases, the citizens of Oklahoma continue to see increased damage to crops, livestock, and wildlife habitat. As carriers of diseases like brucellosis, pseudorabies, tuberculosis, anthrax, and trichinosis, feral swine pose an increasing health risk to humans, livestock, companion animals, pets, and native wildlife.
Added by Laws 2007, c. 5, § 2, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-603. Definitions.

As used in the Feral Swine Control Act:
1. "Daylight" means the period of time beginning when the sun rises and ending when the sun sets;
2. "Feral swine" means any domestic or wild animal of the species Sus scrofa that are or have been running at large, free roaming, or wild upon public or private lands, or have been captured, hunted, pursued, maintained, utilized, or released for any sporting purposes;
3. "Owner" means any person with title to the real property or a person that has obtained a right to the possession and use of a certain space, property, or subsurface right for a definite period of time through a contractual lease. In the event a person is permitted to come upon the real property to perform some specific act including, but not limited to, hunting, removing feral swine, or fishing, that person has no "lease" but only a "license" to do that act;
4. "Remove" means to change the location of, eliminate, or attempt to eliminate feral swine by a variety of methods including, but not limited to, hunting, killing, taking, trapping, and catching; and
5. "Judas pig tagging system" means a population control technique where a radio-collared feral swine is released into a control area and, after a sufficient period to allow it to join other feral swine, it is tracked down and all swine associated with the collared swine are removed.
Added by Laws 2007, c. 5, § 3, eff. Nov. 1, 2007. Amended by Laws 2012, c. 32, § 1, eff. Nov. 1, 2012; Laws 2019, c. 321, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-604. Removal of feral swine during day authorized - Killing of feral swine at night, permit required.

A. Except as otherwise specified in the Feral Swine Control Act, any person with permission of the owner may remove feral swine from private or public property during daylight hours.
B. Any person who intends to kill or attempt to kill feral swine at night shall obtain a permit issued by the Department of Wildlife Conservation pursuant to Section 4-135 of Title 29 of the Oklahoma Statutes and promulgated rules.
Added by Laws 2007, c. 5, § 4, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-605. Killing of feral swine during certain deer hunting seasons, permit required - License required - Exemption.

A. During designated deer hunting seasons for primitive firearms and guns as specified in rules promulgated by the Department of Wildlife Conservation, an owner of private property shall not kill or attempt to kill feral swine during daylight hours that is damaging the property of the owner without first obtaining a special permit from the local game warden or other authorized employee of the Department of Wildlife Conservation. The special permit shall allow the owner and one person of lineal or collateral descent to kill feral swine on the property of the owner. The special permit shall be provided at no cost.
B. All other persons shall be required to obtain licenses and tags as required by the Oklahoma Wildlife Conservation Code and rules promulgated thereto.
C. Any person with a valid license to hunt deer is exempt from the requirements of this section during the appropriate licensed season.
Added by Laws 2007, c. 5, § 5, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-606. Taking and removal of feral swine.

A. Feral swine may be taken on lands owned or managed by the Department of Wildlife Conservation in accordance with rules promulgated thereto.
B. No person whose hunting license is revoked may remove feral swine during the time the license is revoked.
Added by Laws 2007, c. 5, § 6, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-607. Rules.

A. The State Board of Agriculture is authorized to promulgate rules necessary, expedient, or appropriate for the performance, enforcement, or carrying out of any of the purposes, objectives, or provisions of the Feral Swine Control Act.
B. Rules shall be promulgated pursuant to the Administrative Procedures Act.
Added by Laws 2007, c. 5, § 7, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-608. Importation - USDA permit - Slaughter following positive test results.

A. No person shall import live feral swine into this state unless the live feral swine are going directly to a slaughter facility in a sealed trailer and accompanied by a USDA vs 1-27 permit for the movement of restricted animals.
B. All feral swine in this state that test positive for brucellosis or pseudorabies shall be immediately sent directly to slaughter or slaughtered on the premises pursuant to an order issued by the State Veterinarian.
Added by Laws 2007, c. 5, § 8, eff. Nov. 1, 2007. Amended by Laws 2012, c. 28, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-609. Rules for testing and intrastate movement - Transporter license - Transportation to authorized locations.

A. The State Board of Agriculture shall promulgate rules for the testing and intrastate movement of live feral swine.
B. All persons that transport live feral swine in this state shall be required to obtain a transporter license from the Oklahoma Department of Agriculture, Food, and Forestry.
C. Live feral swine shall only be transported to the following:
1. A licensed sporting facility;
2. A licensed handling facility;
3. Directly to an approved slaughter facility; or
4. Pursuant to an order issued by the State Veterinarian.
Added by Laws 2007, c. 5, § 9, eff. Nov. 1, 2007. Amended by Laws 2012, c. 28, § 2, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-610. Violations of act – Penalties.

A. It shall be unlawful and a violation of the Feral Swine Control Act for any person:
1. To refuse an inspection;
2. To fail to comply with importation, testing, permitting, licensing, or transportation requirements;
3. To fail to pay any fee, administrative fine, or penalty;
4. To fail to comply with any Oklahoma Department of Agriculture, Food, and Forestry order; or
5. To violate any provision of the Oklahoma Feral Swine Control Act, Oklahoma Agricultural Code, or Oklahoma Wildlife Conservation Code.
B. Any person that violates the Feral Swine Control Act shall be assessed a penalty or an administrative fine pursuant to Section 2-18 of Title 2 of the Oklahoma Statutes.
Added by Laws 2007, c. 5, § 10, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-611. Intentional or knowing release - Knowing or intentional violation of requirements - Penalties.

A. No person shall intentionally or knowingly release or engage in, sponsor, instigate, assist, or profit from the release of any hog, boar, swine, or pig to live in a wild or feral state upon public or private lands, except for:
1. Release into a licensed sporting facility pursuant to the Feral Swine Control Act; or
2. When utilizing the Judas pig tagging system, release onto the same private land on which a feral hog was trapped or caught. In order to come under the release authorization of this paragraph, the release must occur within twenty-four (24) hours of the capture of the hog.
B. No person shall knowingly or intentionally violate the importation, testing, permitting, licensing, and transportation requirements contained in the Feral Swine Control Act and rules promulgated thereto.
C. Any person violating the provisions of this section is guilty of a felony and subject to a maximum punishment of two (2) years in prison, a fine of Two Thousand Dollars ($2,000.00), or both fine and imprisonment.
Added by Laws 2007, c. 5, § 11, eff. Nov. 1, 2007. Amended by Laws 2012, c. 32, § 2, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-612. Restraint by owner - Damages recoverable.

All feral swine shall be restrained by the owner at all times and seasons of the year from running at large in this state. Any damages caused by feral swine trespassing upon lands of another shall be recovered in any manner provided by law.
Added by Laws 2007, c. 5, § 12, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-613. Ownership of feral swine.

A person shall not be considered the owner of a feral swine if, within a twenty-four-hour period, the person catches, tags, and releases the feral swine in the same location that it was caught.
Added by Laws 2012, c. 32, § 3, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-6-614. Legislative encouragement of Judas pig tagging system.

Recognizing the success of other states, like Mississippi and New Mexico, utilizing the Judas pig tagging system, the Legislature encourages using the Judas pig tagging system as an effective technique of hunting and controlling the feral swine population.
Added by Laws 2012, c. 32, § 4, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-21. Definitions.

As used in this subarticle:
1. "Cooperative association" means any group in which farmers or producers act together in the market preparation, processing, or marketing of farm products or any association, not having capital stock or operated for a profit, and organized under this subarticle;
2. "Dairy farmer" means a person engaged in the business of producing milk for sale to milk processors directly or through a cooperative association of which the person is a member. When a dairy farmer has sold milk through a cooperative association of which the dairy farmer is a member, the cooperative association shall be considered a dairy farmer;
3. "Escrow account agent" means an entity within this state, which is insured by the Federal Deposit Insurance Corporation;
4. "Milk processor" means a person who operates a milk, milk products, or frozen desserts processing plant that is located in the State of Oklahoma; and
5. "Purchase price" means an amount of money, based on estimated butterfat content and other common industry standards at the time of delivery, that a milk processor agrees to pay a dairy farmer for a purchase of raw milk.
Added by Laws 1988, c. 139, § 1, eff. Nov. 1, 1988. Amended by Laws 1989, c. 182, § 2, operative July 1, 1989; Laws 2001, c. 146, § 4, emerg. eff. April 30, 2001. Renumbered from § 751 of this title by Laws 2001, c. 146, § 247, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-23. Conditions of purchase of raw milk.

A milk processor may not purchase raw milk from a dairy farmer unless:
1. Payment of the purchase price is made according to the provisions prescribed by an applicable federal milk marketing order;
2. Any additional provisions are agreed on by both the dairy farmer or the agent of the dairy farmer and the milk processor; and
3. The medium of exchange used is cash, a check for the full amount of the purchase price, or a wire transfer of money in the full amount.
Added by Laws 1988, c. 139, § 3, eff. Nov. 1, 1988. Amended by Laws 2001, c. 146, § 6, emerg. eff. April 30, 2001. Renumbered from § 753 of this title by Laws 2001, c. 146, § 247, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-24. Exception.

This subarticle does not apply to transactions between a cooperative association while acting as a marketing agent and its members.
Added by Laws 1988, c. 139, § 4, eff. Nov. 1, 1988. Amended by Laws 2001, c. 146, § 7, emerg. eff. April 30, 2001. Renumbered from § 754 of this title by Laws 2001, c. 146, § 247, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-25. Liability of milk processor.

A milk processor who fails to pay for raw milk as provided by this subarticle is liable to the dairy farmer for:
1. The purchase price of the raw milk;
2. Interest on the purchase price at the rate fixed by law for civil judgments commencing from the date possession is transferred until the date the payment is made; and
3. A reasonable attorney fee for the collection of the payment.
Added by Laws 1988, c. 139, § 5, eff. Nov. 1, 1988. Amended by Laws 2001, c. 146, § 8, emerg. eff. April 30, 2001. Renumbered from § 755 of this title by Laws 2001, c. 146, § 247, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-26. Failure to establish escrow account - Failure to continue payments - Penalties.

Any milk processor failing to establish an escrow account upon receipt of notification of a dairy farmer pursuant to the provisions of this subarticle or who fails to continue to make payments until the dairy farmer has received full payment of the purchase price, upon conviction thereof shall be guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than One Thousand Dollars ($1,000.00), imprisonment in the county jail for a period not to exceed one (1) year, or both such fine and imprisonment.
Added by Laws 1988, c. 139, § 6, eff. Nov. 1, 1988. Amended by Laws 2001, c. 146, § 9, emerg. eff. April 30, 2001. Renumbered from § 756 of this title by Laws 2001, c. 146, § 247, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-401. Short title.

Sections 4 through 23 of this act shall be known and may be cited as the "Oklahoma Milk and Milk Products Act".
Added by Laws 1981, c. 43, § 1, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, § 17, operative July 1, 1987; Laws 1987, c. 236, § 3, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 4, eff. Sept. 1, 1994. Renumbered from Title 63, § 1-1301.1 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-402. Purpose - Public policy.

It is the policy of this state and the purpose of the Oklahoma Milk and Milk Products Act to regulate the quality and the minimum sanitary requirements of the production, processing, and distribution of milk and milk products in a manner that shall:
1. Protect the health, safety, and welfare of the consumer public; and
2. Allow Oklahoma milk and milk product producers, processors, and distributors to enjoy free trade and commerce.
Added by Laws 1981, c. 43, § 2, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, § 18, operative July 1, 1987; Laws 1987, c. 236, § 4, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 5, eff. Sept. 1, 1994. Renumbered from Title 63, § 1-1301.2 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, § 68, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-404. Rules.

A. The State Board of Agriculture shall promulgate rules governing:
1. The production, transportation, processing, pasteurization, handling, identity, sampling, examination, labeling, marking, shipping statements, optional ingredients, definitions and sanitary conditions for milk and milk products;
2. The inspection and sanitary rating of dairy farms, bulk milk hauler/samplers, milk transportation companies, milk tank truck cleaning facilities, milk plants and distribution centers engaged in producing, transporting, processing and distributing milk and milk products;
3. The issuing, modifying, suspending and revoking of permits to producers, bulk milk hauler/samplers, milk transportation companies, milk tank truck cleaning facilities, processors and distributors of milk and milk products;
4. The approval of facilities therefor;
5. All cheese factories;
6. All modes of transportation used for the distribution of milk and cream to market; and
7. The labeling and packaging of milk and milk products.
B. The rules promulgated by the Board shall be in accord with the minimum standards and requirements for milk and milk products currently recommended and established by the United States Department of Health and Human Services, Food and Drug Administration, including the Recommended Grade A Pasteurized Milk Ordinance.
Added by Laws 1981, c. 43, § 4, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, § 20, operative July 1, 1987; Laws 1987, c. 236, § 6, emerg. eff. July 20, 1987; Laws 1993, c. 145, § 350, eff. July 1, 1993; Laws 1994, c. 140, § 7, eff. Sept. 1, 1994. Renumbered from § 1-1301.4 of Title 63 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, § 70, emerg. eff. June 6, 2000; Laws 2019, c. 254, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-405. Commissioner - Power and duty.

The Commissioner of Agriculture shall have the power and duty to:
1. Administer and supervise the enforcement of the Oklahoma Milk and Milk Products Act;
2. Provide for periodic inspection and investigation as necessary to determine compliance with the Oklahoma Milk and Milk Products Act and to record each inspection on a form approved by the Commissioner. Every milk producer, bulk milk hauler/sampler, milk tank truck driver, milk transportation company, milk tank truck cleaning facility, milk processor, or milk distributor engaged in producing, transporting, processing, or distributing milk and milk products shall, upon request, permit access of the Commissioner to all areas of establishment, during normal business hours, to evaluate compliance with the provisions of the Oklahoma Milk and Milk Products Act;
3. Secure and analyze samples of milk and milk products from any milk producer, bulk milk hauler/sampler, milk transportation company, milk tank truck cleaning facility, milk processor, or milk distributor. Milk and milk products packaged for retail sale to consumers shall not be taken without first paying or offering to pay for the sample;
4. Prohibit the producing, processing, and sale of adulterated milk and milk products;
5. Receive and investigate complaints;
6. Issue permits to the owner or operator of dairy farms, bulk milk hauler/sampler, milk tank truck driver, milk transportation company, milk tank truck cleaning facility, milk plants, milk distribution centers, and receiving or transfer stations to engage in the producing, transporting, processing, or distributing of milk and milk products upon receipt of permit applications and upon determining that these facilities are in compliance with the Oklahoma Milk and Milk Products Act and to modify, suspend, or revoke such permits;
7. Maintain laboratory reports of samples collected by the Commissioner, listings of permits issued, modified, suspended, and revoked;
8. Require submission, timely review, and approval, of plans, specifications, and other information relative to the construction or alteration of milk and milk product facilities, prior to the commencement of work;
9. Examine statements of the actual quantities of milk and milk products purchased and sold, lists of all sources of milk and milk products, and records of cleaning, tests, and pasteurization times and temperatures of appropriate facilities; and
10. Examine and approve laboratories to conduct those analyses required by the Oklahoma Milk and Milk Products Act.
Added by Laws 1981, c. 43, § 5, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, § 21, operative July 1, 1987; Laws 1987, c. 236, § 7, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 8, eff. Sept. 1, 1994. Renumbered from Title 63, § 1-1301.5 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 1994, c. 289, § 3, emerg. eff. June 6, 1994; Laws 2000, c. 367, § 71, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-406. Sale of Grade A milk and milk products.

A. Only Grade A pasteurized milk and milk products or Grade A raw milk shall be sold to the final consumer; provided, however:
1. Only Grade A pasteurized milk shall be sold through restaurants, soda fountains, grocery stores, or similar establishments, including school lunch rooms; and
2. In an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade is unknown, may be authorized by the Commissioner of Agriculture so long as the milk and milk products shall be labeled "ungraded".
B. Approval by the Commissioner pursuant to rules promulgated by the State Board of Agriculture for the use of Grade A label on milk and milk products processed at any milk plant in accordance with the provisions of the Oklahoma Milk and Milk Products Act shall constitute an acceptable rating for all intrastate purposes. No sanitary requirement or standard issued pursuant to the Oklahoma Milk and Milk Products Act or by any governmental subdivision shall prohibit the sale of Grade A milk and milk products which are produced and processed under laws or rules of any governmental unit which are substantially equivalent to the requirements of the Oklahoma Milk and Milk Products Act, and which are enforced with equal effectiveness, as determined by a milk sanitation rating certified to the U.S. Department of Health and Human Services, Food and Drug Administration or its successor.
Added by Laws 1981, c. 43, § 6, emerg. eff. April 8, 1981. Amended by Laws 1994, c. 140, § 9, eff. Sept. 1, 1994. Renumbered from Title 63, § 1-1301.6 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, § 72, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-407. Adulterated or misbranded milk or milk product.

A. Any Grade A milk or milk product shall be adulterated if:
1. It bears or contains any poisonous, deleterious, or inhibitor substance in a quantity which may render it injurious to health;
2. It bears or contains any added poisonous, inhibitor, or deleterious substance for which no safe tolerance has been established by state rule or federal regulations, or in excess of the tolerance if one has been established;
3. It consists, in whole or in part, of any substance unfit for human consumption;
4. It has been produced, processed, prepared, packed, held, or transported under unsanitary conditions;
5. Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
6. Any substance has been added, mixed, packed, or any process applied to increase its bulk or weight, or reduce its quality, strength, or make it appear better or of greater value than it is.
B. Grade A milk and milk products shall be misbranded when:
1. Their containers bear or accompany any false or misleading written, printed, or graphic matter;
2. The milk and milk products do not conform to the definitions in the Oklahoma Milk and Milk Products Act;
3. The products are not labeled in accordance with the Oklahoma Milk and Milk Products Act; and
4. Products are labeled "Grade A" when the packaged products were filled from a dairy plant or milk plant which did not possess an appropriate and valid Grade A permit at the time the milk or milk product was produced or processed.
Added by Laws 1981, c. 43, § 7, emerg. eff. April 8, 1981. Amended by Laws 1994, c. 140, § 10, eff. Sept. 1, 1994. Renumbered from Title 63, § 1-1301.7 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, § 73, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-7-408. Permits.

A. No person shall produce, haul, process, or distribute Grade A raw milk for pasteurization or milk and milk products, or hold oneself out as a milk producer, transporter, processor, or distributor or represent a dairy farm, bulk milk hauler/sampler, milk tank truck driver, milk transportation company, milk tank truck cleaning facility, milk plant, receiving or transfer station, milk distribution center, or milk or milk products as "Grade A" unless that person possesses an appropriate and valid permit for the particular premises or facilities concerned.
B. Applications for permits for dairy farms, bulk milk hauler/sampler, milk tank truck driver, milk transportation company, milk tank truck cleaning facility, milk plants, receiving or transfer stations, and milk distribution centers shall be submitted on a form approved by the State Board of Agriculture. Each applicant shall allow the Commissioner to inspect the applicable premises, records, and facilities. The Board shall inspect premises and facilities and issue the permit applied for when compliance is confirmed. The permits shall be issued without an expiration date except for the bulk milk hauler/sampler and milk tank truck driver permit that shall be effective for two (2) years. Permits shall not be transferable among persons or places.
C. The Board may issue permits, which shall be contingent upon continuing compliance, to facilities located outside this state which comply with the provisions of subsection B of Section 7-406 of this title. If an out-of-state facility requests, or if the facility is not certified, then the cost for all inspections necessary pursuant to this subsection shall be paid by those facilities and the amounts paid shall be deposited in the State Department of Agriculture Revolving Fund.
D. The Board shall issue permits and establish classifications for milk and milk products.
E. The Board shall promulgate rules to establish fees for permits and inspections pursuant to this section.
Added by Laws 1981, c. 43, § 8, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, § 22, operative July 1, 1987; Laws 1987, c. 236, § 8, emerg. eff. July 20, 1987; Laws 1994, c. 140, § 11, eff. Sept. 1, 1994. Renumbered from § 1-1301.8 of Title 63 by Laws 1994, c. 140, § 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, § 74, emerg. eff. June 6, 2000; Laws 2002, c. 173, § 5, emerg. eff. May 6, 2002; Laws 2010, c. 90, § 2, emerg. eff. April 12, 2010.