reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-50.16. Right of entry - Inspections and other activities - Warrants.

A. 1. The board of directors and the Oklahoma Department of Agriculture, Food, and Forestry, or their authorized agents shall have authority, to:
a.
enter cotton fields and other premises in order to carry out activities, including but not limited to treatment with pesticides, monitoring, and destruction of growing cotton and other host plants, as necessary to carry out the provisions of the Boll Weevil Eradication Act,
b.
make inspection of any fields or premises in this state and any property for the purpose of determining if the property is infested with boll weevils, and
c.
examine and make photocopies of any records and documents relating to the Boll Weevil Eradication Act.
2. The inspection and other activities may be conducted at any hour with the notification of the owner or person in charge of the premises or property. If access is denied, the board of directors, the Oklahoma Department of Agriculture, Food, and Forestry, or the authorized agent of either shall have the right to apply to and obtain from a district court an administrative warrant as necessary to enforce the right of access and inspection as authorized pursuant to 2-14 of the Oklahoma Code.
B. Any judge of this state shall, within the judge’s territorial jurisdiction, and upon proper statutory authority, issue administrative warrants for the purpose of conducting administrative inspections and other activities authorized by the Boll Weevil Eradication Act.
Added by Laws 1993, c. 198, § 16, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, § 14, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-50.17. Rules.

A. The Oklahoma Department of Agriculture, Food, and Forestry is authorized to promulgate rules, including, but not limited to:
1. Establishing quarantine areas in this state or any portion thereof at the request of the board of directors;
2. Designating this state or any portion thereof as an “eradicated area”; and
3. Governing the storage or other handling in the eradicated or other quarantined areas of regulated articles and the movement of regulated articles into or from these areas, when the Department determines that an action is necessary, or reasonably appears necessary, to prevent, eradicate, control, or retard the spread of boll weevil.
B. 1. The Department shall promulgate rules establishing a reasonable schedule of administrative penalties and fines for violations of the Boll Weevil Eradication Act.
2. The Department shall promulgate rules necessary, expedient, or appropriate for the performance, enforcement, or carrying out of any of the purposes, objectives, or provisions of the Boll Weevil Eradication Act.
3. Any rules promulgated pursuant to the Boll Weevil Eradication Act, including the establishment of quarantines, shall be promulgated in accordance with the Administrative Procedures Act.
Added by Laws 1993, c. 198, § 17, eff. Sept. 1, 1993. Amended by Laws 2000, c. 231, § 6, emerg. eff. May 24, 2000; Laws 2006, c. 211, § 15, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-50.18. Destruction of cotton - Volunteer or noncommercial cotton.

A. When a person fails to meet the rules promulgated by the Oklahoma Department of Agriculture, Food, and Forestry, the Commissioner, at the request of the board of directors, shall have authority to destroy cotton in any area of the state not in compliance with the rules.
B. Cotton in any area of the state from a volunteer or noncommercial source may be destroyed or treated with pesticides by the Oklahoma Department of Agriculture, Food, and Forestry upon request of the board of directors.
Added by Laws 1993, c. 198, § 18, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, § 16, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-50.19. Unlawful acts - Moving infested article into state - Penalties.

A. It shall be unlawful for any person to store or handle any regulated article in an eradicated or other quarantined area, or to move into or from an eradicated or other quarantined area any regulated article, except under conditions as may be prescribed by the rules promulgated by the State Board of Agriculture.
B. Any person who, except in compliance with the rules of the Department, moves any regulated article into this state from any other state infested by boll weevils shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to the penalty provided in Section 3-50.20 of this title. Any person convicted of a violation may be required to pay restitution for damages caused by the violation.
Added by Laws 1993, c. 198, § 19, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, § 17, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-50.20. Violations - Penalties.

Any person who violates any of the provisions of the Boll Weevil Eradication Act or the rules promulgated thereto, or who shall alter, forge, counterfeit, or use without authority any certificate, permit, or other document provided for in the Boll Weevil Eradication Act or in rules promulgated thereto shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00).
Added by Laws 1993, c. 198, § 20, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, § 18, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-50.21. Boll Weevil Eradication Organization - Relationship with Merit System of Personnel Administration - Seasonal employees.

A. The Oklahoma Boll Weevil Eradication Organization shall not be subject to the Merit System of Personnel Administration.
B. The Oklahoma Boll Weevil Eradication Organization is authorized to employ seasonal employees for projects throughout the calendar year. Project labor employed by the Oklahoma Boll Weevil Eradication Organization may be employed for a period of time necessary to complete the project. Regardless of the number of hours worked during any fiscal year, project employees shall not be entitled to paid leave, paid holidays, retirement, longevity, health, dental or life insurance, and disability benefits, and shall be exempt from any laws, rules or practices providing for these benefits, or to state employee minimum annualized salaries, salary increases or adjustments, unless specifically authorized by law.
Added by Laws 2000, c. 231, § 7, emerg. eff. May 24, 2000. Amended by Laws 2006, c. 211, § 19, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-50.30. Review and evaluation of boll weevil eradication efforts.

The Oklahoma Department of Agriculture, Food, and Forestry may periodically conduct reviews to evaluate the ongoing boll weevil eradication and posteradication efforts in the state.
Added by Laws 1997, c. 17, § 1, eff. Nov. 1, 1997. Renumbered from § 3-60.1 of this title by Laws 1997, c. 381, § 7, eff. July 1, 1997. Amended by Laws 2006, c. 211, § 20, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-82. Applicator's license required - Categories of pesticide application.

A. It shall be unlawful for any person to act, operate, or do business or advertise as a commercial, noncommercial, certified applicator, temporary certified applicator, service technician, or private applicator unless the person has obtained a valid applicator's license issued by the State Board of Agriculture for the category of pesticide application in which the person is engaged, unless the person is applying to their own property.
B. A license may be issued by the Board in any category of pesticide application if the applicant qualifies and the applicant is limited to the category of pesticide application named on the license. The Board may establish categories of pesticide application as necessary. Licenses shall be issued upon application to the Board on a form prescribed by the Board. The application shall contain information regarding the applicant's qualifications, proposed operations, and other information as specified by the Board.
C. 1. An aerial license shall not be issued or be valid unless the applicant files with the Board a copy of a valid document issued by the Federal Aviation Administration showing that the person is qualified to operate or supervise the operation of an aircraft conducting agricultural operations. Applicants for an aerial license and pilots working under a license may be subject to a complete and thorough background examination.
2. The Board shall promulgate rules regarding aerial applicators and applications consistent with federal law and shall solicit the assistance of the Federal Aviation Administration in the enforcement of this subsection.
D. Each business location shall require a separate license and separate certified applicator except that a certified applicator for a noncommercial business location may also serve as the certified applicator for one commercial business location.
E. A license shall not be issued for the category of pesticide application of any applicant or representative who has a temporary certification.
Added by Laws 1961, p. 2, § 2, operative July 1, 1961. Amended by Laws 1965, c. 298, § 1; Laws 1965, c. 509, § 1, emerg. eff. July 20, 1965; Laws 1968, c. 105, § 1, emerg. eff. April 1, 1968; Laws 1970, c. 111, § 1; Laws 1977, c. 98, § 5; Laws 1984, c. 156, § 2, eff. Nov. 1, 1984; Laws 1986, c. 285, § 2, eff. Nov. 1, 1986; Laws 2000, c. 367, § 11, emerg. eff. June 6, 2000; Laws 2002, c. 383, § 2, eff. July 1, 2002; Laws 2003, c. 410, § 1; Laws 2004, c. 109, § 1; Laws 2005, c. 42, § 1, eff. July 1, 2005; Laws 2011, c. 287, § 1; Laws 2017, c. 239, § 1, eff. Nov. 1, 2017; Laws 2021, c. 391, § 1, eff. Nov. 1, 2021; Laws 2023, c. 72, § 11, eff. Nov. 1, 2023.
NOTE: A former § 3-82 of this title was repealed by Laws 1961, p. 3, § 7, operative July 1, 1961
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-82.1. Unwanted Pesticide Disposal Fund.

There is hereby created in the State Treasury a fund for the State Board of Agriculture to be designated the State Department of Agriculture “ Unwanted Pesticide Disposal Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Board of Agriculture to implement and maintain the Unwanted Pesticide Disposal Program. On July 1, 2005, the Oklahoma Department of Agriculture, Food, and Forestry shall transfer all money in the State Department of Agriculture Revolving Fund which has been designated by law for conducting programs for unwanted pesticide disposal to the Unwanted Pesticide Disposal Fund.
Added by Laws 2005, c. 42, § 2, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-82A. Fees.

A. The following fees shall be paid to the State Board of Agriculture:
1. A fee of One Hundred Dollars ($100.00) for each category of pesticide application shall be paid to the Board for the issuance or renewal of a commercial applicator business license. Not more than Five Hundred Dollars ($500.00) total category fees shall be charged annually to any business location of an applicator;
2. A fee of Fifty Dollars ($50.00) shall be paid to the Board for each written examination conducted by the Board;
3. A fee of Fifty Dollars ($50.00) shall be paid to the Board for each practical examination conducted by the Board;
4. A fee of Twenty Dollars ($20.00) shall be paid to the Board for the issuance or renewal of a private applicator's license;
5. A fee of Fifty Dollars ($50.00) shall be paid to the Board for the issuance or renewal of a noncommercial business license. Not more than Two Hundred Fifty Dollars ($250.00) total category fees shall be charged annually to any noncommercial business location of an applicator;
6. A fee of Twenty Dollars ($20.00) shall be paid to the Board for the issuance or renewal of service technician identification;
7. A fee of Ten Dollars ($10.00) shall be paid to the Board for the issuance of duplicate licenses or certificates or transfer of service technician identification;
8. A fee of Fifty Dollars ($50.00) shall be paid to the Board for each recertification procedure; and
9. A fee of One Hundred Dollars ($100.00) shall be paid to the Board for each reciprocal certification procedure for applicator certifications.
B. All fees shall be deposited in the State Department of Agriculture Revolving Fund.
C. Fees shall be paid to the Board prior to the processing of any application.
D. Failure to pay any fee identified with licenses, permits, pesticide registrations, or certification shall require the Board to deny the application.
Added by Laws 2023, c. 72, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-82B. Certification standards for licensing — Renewal.

A. An applicator's license shall be issued only after satisfactory completion of the certification standards by the person who shall be the certified applicator under the license. Temporary certified applicators do not qualify as the certified applicator for a license, nor may they act as a certified applicator. The Board shall deny the application for certification, recertification, issuance, or renewal of a certificate or license for a failure to show proper qualification under the rules or for violations of any provisions of this section. A certificate in any category shall be valid for five (5) years unless suspended, canceled, or revoked by the Board or until recertification is required for the category, and may be renewed after successful completion of recertification requirements. The Board may require certified applicators to be recertified once in a five-year period.
B. A certified service technician identification shall be issued upon application and completion of certification standards determined by the Board. Temporary certified applicators may qualify as a certified service technician. No person shall act, do business as, or advertise as a service technician unless the person has met all the qualifications and standards as required by the Board. The service technicians' identification shall be issued in the name of the licensed entity. The licensee shall ensure that the service technician identification is returned to the Board upon termination of the employee. A service technician identification shall be valid for a period of five (5) years unless suspended, canceled, or revoked by the Board, until recertification is required by the Board, or until the service technician leaves the employ of the licensed entity. The Oklahoma Department of Agriculture, Food, and Forestry may issue a service technician identification upon completion of the following:
1. A determination is made by the Department that the applicant has successfully completed the written examination;
2. The licensed entity provides a completed service technician identification application form at the time of testing; and
3. All appropriate fees are paid at the time of testing.
C. Each license, except for private applicators, shall expire on dates established by the Department in administrative rules and may be renewed for the ensuing calendar year, without penalty or reexamination, if a properly completed application is filed with the Board on a date established by the Department. If the application is not received by the due date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the license. If the application is not received within thirty (30) days following the due date, an additional one-hundred-dollar penalty shall be paid prior to license renewal. All private applicator licenses are in effect for five (5) years and may be renewed by application after completion of a continuing education program or written exam approved by the Board.
Added by Laws 2023, c. 72, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-82C. Insurance requirements.

A. The Board shall not issue a commercial applicator's license until the applicant has furnished evidence of an insurance policy or certificate by an insurer or broker authorized to do business in this state insuring the commercial applicator and any agents against liability resulting from the operations of the commercial applicator. The insurance shall not be applied to damage or injury to agricultural crops, plants, or land being worked upon by the commercial applicator.
B. The amount of liability shall not be less than that set by the Board for each property damage arising out of actual use of any pesticide. The liability shall be maintained at not less than that sum at all times during the licensing period. The Board shall be notified fifteen (15) days prior to any reduction in liability.
C. If the furnished liability becomes unsatisfactory, the applicant shall immediately execute new liability upon notice from the Board. If new liability is not immediately obtained, the Board shall, upon notice, cancel the license. It shall be unlawful for the person to engage in the business of applying pesticides until the liability is brought into compliance and the license reinstated.
Added by Laws 2023, c. 72, § 3, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-82D. Alleging damages — Written complaint statement — Inspection.

A. Prior to filing an action against an applicator for damages to growing crops or plants, any person alleging damages to growing crops or plants shall:
1. Within ninety (90) calendar days of the date that the alleged damages occurred or prior to the time that twenty-five percent (25%) of the allegedly damaged crops or plants are harvested, whichever occurs first, file a written complaint statement with the Department regarding the alleged damages; and
2. Between the date of filing of the written complaint pursuant to paragraph 1 of this subsection and the date harvesting or destruction of the allegedly damaged crops or plants occurs, allow the applicator and the representatives of the applicator reasonable access to the property to inspect and take samples of the allegedly damaged crops or plants during reasonable hours. The representatives of the applicator may include, but not be limited to, crop consultants, bondsmen, and insurers. Nothing in this paragraph shall limit in any way the harvesting or destruction of the allegedly damaged crops or plants in the ordinary course of business and practice.
B. Any person failing to comply with subsection A of this section shall be barred from filing an action for damages against the applicator.
Added by Laws 2023, c. 72, § 4, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-82E. Restricted use pesticide dealer's permit.

A. It shall be unlawful for any person to sell, offer for sale, or distribute within this state any restricted use pesticide without first obtaining a restricted use pesticide dealer's permit issued by the Board.
B. A permit may be issued by the Board in any category of pesticide sales if the applicant qualifies under the provisions of this section and the applicant is limited to the category of pesticide sales named on the permit. The Board may establish categories of pesticide sales as necessary.
C. The permit shall be issued only upon application on a form prescribed by the Board and the application shall contain information regarding the applicant's proposed operation and other information as specified by the Board.
D. Each business location engaged in the sale or distribution of restricted use pesticides shall require a separate permit.
E. The annual permit fee for a restricted use pesticide dealer permit shall be Fifty Dollars ($50.00) for each location.
F. The Board may require a certified applicator to be present at any location where designated restricted use pesticide sales occur.
Added by Laws 2023, c. 72, § 5, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-82H. Pesticide sales permits and pesticide registrations — Duration — Renewal.

A. All permits for pesticide sales shall be issued for a period of one (1) year and the permits shall be renewed annually and shall expire on a date determined by the Board. A permit may be renewed for the ensuing year, without penalty, if a properly completed application is filed with the Board not later than the fifteenth day of the month first following the date of expiration. If the application is not received by that date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the permit.
B. All pesticide registrations shall be issued for a period of one (1) year. The registration shall be renewed annually and shall expire on a date to be determined by the Board. Pesticide registrations may be renewed for the ensuing year, without penalty, if a properly completed application is filed with the Board not later than the fifteenth day of the month first following the date of expiration. If the application is not received by that date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the pesticide registration.
Added by Laws 2023, c. 72, § 8, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-82J. Written complaints — Notification.

Upon receipt of a written complaint, the Board shall notify the person filing the complaint in writing of its receipt and status within two (2) working days. The person whom the complaint is filed against shall also be notified within two (2) working days. Notification that a complaint has been filed may also be given to the landowner or operator when appropriate. The resolution of a complaint is the completion of the appropriate administrative, jurisdictional, or legal remedies to the extent possible by the Department. The complainant shall be notified in writing within seven (7) working days after resolution of the complaint.
Added by Laws 2023, c. 72, § 10, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-83. Keeping of records – Board audits.

A. Every commercial and noncommercial applicator shall keep accurate records pertaining to pesticide activities, applications, and wood infestation reports, as required by the State Board of Agriculture. The records of the applicator shall be kept intact at the principal business location in this state for at least two (2) years after their date of expiration and copies shall be furnished to any authorized agent of the Board, immediately upon request in person, at any time during the regular business hours of the applicator. Copies of records shall be furnished to any authorized agent of the Board within seven (7) working days of a written request, in summary form, by mail, fax, e-mail, web site, or any other electronic media customarily used.
B. Every restricted use pesticide dealer shall keep accurate records pertaining to restricted use pesticide purchases and sales, as required by the Board. The records shall be kept intact at the principal business location in this state for at least two (2) years after their date of expiration. Copies shall be furnished to any authorized agent of the Board at any time during the regular business hours of the dealer, immediately upon request in person, or within seven (7) working days of a written request, in summary form, by mail, fax, e-mail, web site, or any other electronic media customarily used.
C. It shall be the duty of the Board to audit the maintenance of records as necessary to carry out the provisions of the Oklahoma Agriculture Code.
Added by Laws 1961, p. 2, § 3. Amended by Laws 1967, c. 278, § 1, emerg. eff. May 8, 1967; Laws 1977, c. 98, § 6; Laws 1984, c. 156, § 3, eff. Nov. 1, 1984; Laws 2000, c. 367, § 12, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-84. Declaration of pest – Rules - Requirements.

A. The Board shall have the authority to declare any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles, or substances as a pest. The Board shall have the authority to classify pesticide uses as being general, restricted, or both, to determine standards of coloring or discoloring for pesticides, and to subject pesticides to the requirements of this section.
B. The Board shall promulgate appropriate rules for carrying out the provisions of this section.
C. The Board shall, to the extent practical, create uniformity between the requirements of Oklahoma and those prescribed by the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
Added by Laws 1961, p. 3, § 4, operative July 1, 1961. Amended by Laws 1965, c. 324, § 1, emerg. eff. June 28, 1965; Laws 1977, c. 98, § 7; Laws 2000, c. 367, § 13, emerg. eff. June 6, 2000; Laws 2004, c. 109, § 2; Laws 2014, c. 280, § 2, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-100. Short title.

This subarticle shall be known and may be cited as the Oklahoma Apiary Act.
Added by Laws 1988, c. 259, § 1, operative July 1, 1988. Amended by Laws 2000, c. 367, § 16, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-101. Enforcement of act - Powers of Board.

A. The State Board of Agriculture or its authorized agents shall have the authority to enter any premises or mode of transportation during reasonable hours for the purpose of implementing the Oklahoma Apiary Act or rules promulgated pursuant thereto.
B. The Board or its authorized agents shall have the authority to carry out all necessary and proper actions to determine compliance with the Oklahoma Apiary Act including, but not limited to, conducting investigations, opening any bundle, package, or container, examining and making photocopies of records or documents, examining devices, collecting and submitting samples for analysis, issuing any order to destroy infected or infested bees or apiary equipment, and removing or destroying bees, hives or other articles as deemed necessary by the Board.
C. The Board is authorized to promulgate rules necessary, expedient, or appropriate for the performance, enforcement, or carrying out of any of the purposes, objectives, or provisions of the Oklahoma Apiary Act, including the establishment of fees. All fees shall be fair and equitable to all parties concerned. Any rules shall be promulgated pursuant to the Administrative Procedures Act.
D. The Board shall have the authority to:
1. Issue, renew, deny, modify, suspend, cancel, and revoke any registration, permit, certificate, license, identification, or order issued pursuant to the provisions of the Oklahoma Apiary Act;
2. Issue certificates of inspection;
3. Issue entry permits to any person transporting bees or apiary equipment into this state;
4. Investigate complaints and violations of the Oklahoma Apiary Act and rules promulgated pursuant thereto;
5. Issue quarantines, initiate control measures, confiscate, and destroy apiaries, bees, colonies, or hives that present a danger to the public safety or welfare; and
6. Exercise all incidental powers as necessary and proper to implement and enforce the provisions of the Oklahoma Apiary Act and the rules of the Board promulgated pursuant thereto.
Added by Laws 1955, p. 17, art. 3(F), § 1, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, § 3, operative July 1, 1988; Laws 2000, c. 367, § 18, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 2, eff. Nov. 1, 2005; Laws 2013, c. 118, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-103. Quarantine – Declaration of bee disease or pest - Order to destroy.

A. Upon the discovery of any bee disease or pest, a premise shall be quarantined by the Oklahoma Department of Agriculture, Food, and Forestry.
B. The State Board of Agriculture shall have the authority to declare any form of bee, plant, animal, or virus that is injurious to bees as a bee disease or pest.
C. Any person receiving a quarantine order shall immediately initiate any and all control measures specified in the quarantine.
D. The quarantine shall remain in effect until officially removed by the Department.
E. When there are no effective control measures available, or the person fails to initiate control, a Board order to destroy the bees and apiary equipment infected or infested with the bee disease or pest may be issued by the Department to prevent the spread of the bee disease or pest.
Added by Laws 1955, p. 17, art. 3(F), § 3, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, § 4, operative July 1, 1988; Laws 2000, c. 367, § 19, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 3, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-106. Sales and transport of apiaries, equipment, bees, or hives.

A. A person shall not sell or offer for sale any apiary, apiary equipment, bee, or hive in this state unless free of bee diseases or pests.
B. Any apiary, apiary equipment, bee, or hive shipped or transported interstate shall be accompanied with a certificate of inspection issued by the state of origin.
C. Any person moving or transporting colonies into, within, or through the State of Oklahoma shall secure the colonies in a manner that prevents the escape of bees.
D. Honey or honey products used in shipping cages for the transport or movement of bees shall be boiled for at least thirty (30) minutes.
Added by Laws 1955, p. 17, art. 3(F), § 6, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, § 5, operative July 1, 1988; Laws 2000, c. 367, § 20, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 4, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-113. Voluntary registration program – Location of new apiaries – Abandoned apiaries.

A. The Oklahoma Department of Agriculture, Food, and Forestry, on a form prescribed by the Department, shall establish a voluntary registration program. The program shall be available to any of the following:
1. Any person establishing, maintaining, or locating an apiary within the state;
2. Any person shipping bees into the state; or
3. Migratory beekeepers that transport colonies of bees into the state.
B. The Department shall issue to each registrant a registration identification number. Any person owning an apiary that does not register with the Department shall be required to post personal contact information at or near their apiary.
C. All registrants shall pay registration fees as established by the State Board of Agriculture. Fees shall be paid to the Board prior to the processing of the registration.
D. The Board shall promulgate rules to establish and administer the voluntary registration program.
E. No person shall locate a new apiary within close proximity to an established apiary if the Department determines that the new apiary presents an imminent danger of spreading bee diseases or pests or interferes with the proper feeding and foraging of an established apiary.
F. If the Department discovers an apiary that does not appear to have a registration identification number, the Department shall make a reasonable effort to locate and notify the beekeeper or owner. If no beekeeper or owner is identified for the apiary, then it may be designated as an abandoned apiary, and the Department may destroy the apiary or donate it to an appropriate research facility.
Added by Laws 1955, p. 19, art. 3(F), § 13, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, § 7, operative July 1, 1988; Laws 1992, c. 290, § 1, eff. Sept. 1, 1992; Laws 2000, c. 367, § 22, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 5, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-116. Certificate of inspection – Pollination or honey production colony inspection - Investigation.

A. For the purposes of obtaining a certificate of inspection, a person may request the Oklahoma Department of Agriculture, Food, and Forestry to conduct an inspection of their apiary, colony, hive, apiary equipment, or premise.
B. Upon completion of inspection, the Department shall issue a certificate of inspection stating that the apiary, the colony, hive, apiary equipment, or premise is either:
1. Apparently free of bee diseases or pests; or
2. Not free of bee diseases or pests and the certificate of inspection contains a list of any and all bee diseases or pests found during the inspection.
C. Any beekeeper who provides colonies of bees for pollination purposes or honey production pursuant to an oral or written contract shall be subject to inspection by the Oklahoma Department of Agriculture, Food, and Forestry for the strength of colonies and the presence of pests. The Department may, upon complaint, investigate any bee colony. Copies of the written contract, if one exists, shall be furnished to the Board upon request.
Added by Laws 1955, p. 19, art. 3(F), § 16, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, § 9, operative July 1, 1988; Laws 2000, c. 367, § 24, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 6, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-117. Inspection fee - Inspection procedures.

A. 1. Any beekeeper who requests inspection of an apiary, colony, hive, apiary equipment, or premise pursuant to the Oklahoma Apiary Act, is subject to an inspection fee as established by the State Board of Agriculture.
2. During an inspection or upon request, the Oklahoma Department of Agriculture, Food, and Forestry may take samples. The manner of sampling, the cost of sampling, and the method of testing shall be established by the Board.
B. Any inspections of an apiary performed at the request of a beekeeper shall be limited to availability of time and personnel.
C. 1. Standard precautions for the prevention of the transmission of bee diseases or pests to humans, animals, and bees shall be followed by the Department when inspecting apiaries pursuant to their official duties specified by the Oklahoma Apiary Act.
2. Except for emergency situations or when enforcement of the provisions of the Oklahoma Apiary Act is required, the Department shall observe the health standards and sanitary requirements of the apiary.
Added by Laws 1955, p. 19, art. 3(F), § 17, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, § 10, operative July 1, 1988; Laws 2000, c. 367, § 25, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 7, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-117.1. Requirements for transport of bees into state.

A. Prior to entry into Oklahoma all migratory beekeepers and persons shipping or transporting bees into Oklahoma shall provide the following to the Oklahoma Department of Agriculture, Food, and Forestry:
1. Information required on an entry form prescribed by the Department;
2. An entry inspection fee as established by the Department; and
3. A copy of the certificate of inspection issued from the state of origin.
B. All persons shipping or transporting bees into Oklahoma for sale shall also provide the purchaser with a copy of the certificate of inspection issued from the state of origin.
C. Except for persons in subsection B of this section, all other persons transporting bees into the state shall be required to retain a copy of the certificate of inspection for the duration that the bees remain in Oklahoma and shall be able to present the certificate of inspection upon request by the Department.
D. The Department may inspect any bees or vehicles transporting bees entering the state at any time.
Added by Laws 2005, c. 135, § 8, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-121. Violations.

It shall be unlawful and a violation of the Oklahoma Apiary Act for any person:
1. To refuse to permit an inspection provided for by the Oklahoma Apiary Act, or to hinder or interfere with, in any way, the inspection or the person authorized to make the inspection;
2. To rent a colony of bees to another and misrepresent the strength of a colony;
3. To fail to pay any fee, fine, or penalty as required and established by the Oklahoma Apiary Act or promulgated rules;
4. To retain Africanized honeybees except for approved research purposes pursuant to this act;
5. To knowingly expose comb, honey, frames, empty hives, cover, bottom boards or tools, or other appliances to any material from a diseased colony or apiary or infested with a bee pest;
6. To fail to comply with any State Board of Agriculture order; or
7. To violate any provision of the Oklahoma Apiary Act and the rules promulgated by the Board.
Added by Laws 1955, p. 19, art. 3(F), § 21, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, § 11, operative July 1, 1988; Laws 2000, c. 367, § 26, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 9, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-122. Hearing - Emergency order.

A. Whenever the Oklahoma Department of Agriculture, Food, and Forestry determines there are reasonable grounds to believe that there has been a violation of any of the provisions of the Oklahoma Apiary Act, any rule, or any order of the State Board of Agriculture, the alleged violator shall be given the opportunity for a fair hearing in accordance with the provisions of Article II of the Administrative Procedures Act.
B. 1. Whenever the Board finds that an emergency exists requiring immediate action to protect the public health or welfare or to protect bees from any bee disease or pest, it may without notice or hearing issue an order reciting the existence of an emergency and requiring that immediate action be taken to meet the emergency.
2. The order shall be effective upon issuance, but any person to whom an order is directed shall comply immediately but may request within fifteen (15) days after the order is served an administrative enforcement hearing.
3. The hearing shall be held by the Department within ten (10) days after receipt of the request.
4. On the basis of the hearing record, the Board shall affirm, revoke, or modify the order.
5. Any person aggrieved by the final order may appeal to the district court of the area affected within thirty (30) days.
6. The appeal when docketed shall have priority over all cases pending on the docket, except criminal.
Added by Laws 1988, c. 259, § 12, operative July 1, 1988. Amended by Laws 2000, c. 367, § 27, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 10, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-123. Retention of Africanized honeybees prohibited - Exception.

A. It shall be illegal to retain Africanized honeybees except for specifically approved research purposes as determined by rules promulgated by the State Board of Agriculture.
B. All abandoned apiaries observed or captured in counties where Africanized honeybees have been detected shall be destroyed.
C. If a feral colony of Africanized honeybees is found in the state, the Oklahoma Department of Agriculture, Food, and Forestry shall take immediate actions to protect the public safety and welfare. The Department may confiscate or destroy the feral Africanized honeybee colony.
Added by Laws 2005, c. 135, § 11, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-124. Certified Beekeeper Program - European Honeybee Certification Program.

A. The State Board of Agriculture may promulgate rules to establish a Certified Beekeeper Program.
B. The Board may promulgate rules to establish and administer a voluntary European Honeybee Certification Program.
Added by Laws 2005, c. 135, § 12, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-125. Local laws on honeybee hives not authorized – Apiary zoning exception.

No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution prohibiting, impeding, or restricting the establishment or maintenance of honeybees in hives. This provision shall not be construed to restrict the zoning authority of a county or municipal government to establish appropriate locations for apiaries.
Added by Laws 2005, c. 135, § 13, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-130. Tick eradication program - Funding.

The Oklahoma Department of Agriculture, Food, and Forestry shall establish and maintain by November 1, 2006, a tick eradication program. Funding for this program shall be appropriated to the Department as directed by the Legislature.
Added by Laws 2006, c. 211, § 21, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-212. Definitions.

As used in the Weed Free Hay Certification Act, unless otherwise stated:
1. “Hay” means any agricultural forage crop product whether cultivated or not cultivated, irrigated or nonirrigated, planted or naturally occurring;
2. “Noxious weeds” means those weeds, including any weed seed or propagative plant parts, designated by the State Board of Agriculture as noxious and are prohibited, and shall include those noxious weeds identified in Section 3-220 of Title 2 of the Oklahoma Statutes;
3. “Qualified inspector” means a person qualified to identify noxious weeds pursuant to standards promulgated by the Board;
4. “Weed free” means any hay certified as free of noxious weeds; and
5. “Weed-free certification” means hay inspected and certified as free of noxious weeds pursuant to standards adopted by the Board.
Added by Laws 2009, c. 44, § 2, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-213. Promulgation of rules.

The State Board of Agriculture shall promulgate rules to carry out the provisions of the Weed Free Hay Certification Act in accordance with the Administrative Procedures Act and shall include, but not be limited to, rules concerning:
1. Weeds designated as noxious are prohibited;
2. Procedures for certification of weed-free crops;
3. Qualification standards for persons seeking designation as qualified inspectors;
4. Crop inspection procedures;
5. Treatment procedures for the eradication of viable noxious weeds from crops;
6. Procedures for identifying and tracking certified weed-free crops; and
7. Reasonable fees for obtaining certification.
Added by Laws 2009, c. 44, § 3, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-214. Inspector training cooperative agreements – Federal funding.

A. The Commissioner of Agriculture may enter into cooperative agreements with Oklahoma State University for the purpose of training qualified inspectors in the identification of those plants designated as noxious weeds by the State Board of Agriculture.
B. For purposes of carrying out the provisions of the Weed Free Hay Certification Act, the Board may accept funds from any agency of the federal government and may cooperate and enter into agreements with any federal agency, any agency of another state, and any agency of this state or its political subdivisions.
Added by Laws 2009, c. 44, § 4, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-215. Weed-free certification – Inspection.

A. Any crop for which weed-free certification is sought shall be inspected in the field of origin and the inspection shall include an inspection of any ditches, fence rows, roads, easements, rights-of-way, and buffer zones, as applicable, surrounding the field of origin.
B. Crops containing any weeds designated as noxious may be certified if certain conditions established in rules by the State Board of Agriculture are met.
Added by Laws 2009, c. 44, § 5, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-310. Castor bean production - Ricin.

A. It shall be unlawful for any person to plant, nurture or otherwise commercially produce castor beans containing the toxin ricin in this state.
B. Any person violating the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not exceeding Five Hundred Dollars ($500.00).
C. Provisions of this section shall be enforced by the Oklahoma Department of Agriculture, Food, and Forestry.
Added by Laws 2012, c. 5, § 1, emerg. eff. April 2, 2012.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-311. Castor bean transportation - Ricin.

A. It shall be unlawful to transport castor beans in quantities of more than fifty (50) pounds containing the toxin ricin within this state.
B. Any person violating the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not exceeding Five Hundred Dollars ($500.00).
C. Provisions of this section shall be enforced by the Oklahoma Department of Agriculture, Food, and Forestry.
Added by Laws 2012, c. 4, § 1, emerg. eff. April 2, 2012.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-401. Short title - Oklahoma Industrial Hemp Program.

This act shall be known and may be cited as the "Oklahoma Industrial Hemp Program".
Added by Laws 2018, c. 64, § 1, emerg. eff. April 23, 2018. Amended by Laws 2019, c. 91, § 2, emerg. eff. April 18, 2019.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-402. Definitions.

As used in the Oklahoma Industrial Hemp Program:
1. "Department" means the Oklahoma Department of Agriculture, Food, and Forestry;
2. "Fiber" means the stalk of the industrial hemp plant and does not include the flower or seeds of the plant;
3. "Flower" means the part of the industrial hemp plant that contains the majority of the industrial hemp plant's tetrahydrocannabinol and other cannabinoids;
4. "Grain" means all of the parts of an industrial hemp plant except the stalk or the flower of the industrial hemp plant;
5. "Handling" means possessing or storing industrial hemp for any period of time on premises owned, operated or controlled by a person licensed to cultivate or process industrial hemp and also includes possessing or storing industrial hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process industrial hemp to the premises of another licensed person;
6. "Industrial hemp" means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis;
7. "Licensee" means a person who holds a valid Industrial Hemp License to grow industrial hemp under the Oklahoma Industrial Hemp Program. A licensee shall have the ability to remediate noncompliant industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than one percent (1.0%) on a dry-weight basis for retesting as set forth by the Department as long as the noncompliant industrial hemp has a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis after retesting, and the option to remediate the industrial hemp through the reasonable destruction of the flower or shredding of the entire lot into a homogeneous biomass results in the remediation of any part of the industrial hemp plant that is above three-tenths of one percent (0.3%) on a dry-weight basis. All noncompliant hemp must be tracked and documented. The State Board of Agriculture shall have jurisdiction over such remediation, which includes, but is not limited to, destruction through composting, burning, or other regulated disposal methods if the industrial hemp is not remediated into a final product before processing below three-tenths of one percent (0.3%) on a dry-weight basis;
8. "License" means authorization by the Department for any person to grow and cultivate industrial hemp on a registered land area as part of the Oklahoma Industrial Hemp Program; and
9. "Processing" means converting industrial hemp into a marketable form, including the production of all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers.
Added by Laws 2018, c. 64, § 2, emerg. eff. April 23, 2018. Amended by Laws 2019, c. 91, § 3, emerg. eff. April 18, 2019; Laws 2022, c. 265, § 1, emerg. eff. May 16, 2022.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-3-406. Harvest report.

A. At least thirty (30) days prior to harvest, each licensee shall file a harvest report on a form approved by the Department that includes:
1. A statement of intended disposition of its industrial hemp crop; and
2. The harvest date or dates, location and yield of each variety cultivated within a registered land area.
B. A licensee shall notify the Department immediately of any changes in a reported harvest date by more than five (5) days.
Added by Laws 2018, c. 64, § 6, emerg. eff. April 23, 2018. Amended by Laws 2019, c. 91, § 6, emerg. eff. April 18, 2019.