reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-17. Notice of warning.

A. Every agritourism professional shall post and maintain signs that contain the warning notice specified in subsection B of this section. The sign shall be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice shall consist of a sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, shall contain in clearly readable print the warning notice specified in subsection B of this section.
B. The signs and contracts described in subsection A of this section must contain the following notice of warning:
"WARNING
Under Oklahoma law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity."
C. Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an agritourism professional from invoking the privileges of immunity provided by the Oklahoma Agritourism Activities Liability Limitations Act.
Added by Laws 2013, c. 27, § 4, emerg. eff. April 12, 2013.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-17a. Rights to engage in agritourism activities – Requirements and regulations.

A. Except as otherwise provided in this subsection, the rights of Oklahomans to engage in agritourism activities shall not be banned by any county, municipality, state agency or political subdivision. Agritourism activities shall only be engaged in a lawful manner pursuant to the Oklahoma Horse Racing Act and in compliance with health and safety zoning requirements, as well as health and safety regulations, by the state and local governments.
B. "Agritourism activities" as used in this section means utilizing livestock or poultry for entertainment or educational purposes. This shall include horseback riding, horse-drawn carriage rides, livestock and poultry shows, petting farms, rodeos, activities that historically involved the utilization of working animals and other substantially similar activities.
C. "Agritourism activities" as used in this section shall not include cockfighting, as defined in Section 1692.1 of Title 21 of the Oklahoma Statutes or fighting dogs, as defined in Section 1693 of Title 21 of the Oklahoma Statutes.
Added by Laws 2021, c. 446, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-19. Definitions.

As used in the Farmers Market Liability Limitation Act:
1. "Farmers market" means a market that is registered with the Oklahoma Department of Agriculture, Food, and Forestry;
2. "Farmers Market Operator" means the person who promotes or manages the activities at a farmers market registered with the Department; and
3. "Participant" means any person who attends a farmers market or who sells, purchases or consumes any products offered or sold at a farmers market.
Added by Laws 2017, c. 206, § 2, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-20. Limitation of liability – Exceptions.

A. Any participant assumes the inherent risk of attending, buying or selling goods at a farmers market registered with the Oklahoma Department of Agriculture, Food, and Forestry. If a participant brings an action for damages arising from the operation of a registered farmers market, the registered farmers market operator may plead an affirmative defense of assumption of risk by the participant.
B. Any limitation on legal liability afforded to a registered farmers market operator by this act shall be in addition to any other limitation of legal liability otherwise provided by law.
C. Nothing in this act shall prevent or limit the liability of a registered farmers market operator if:
1. The registered farmers market operator injures the participant by intentional or willful misconduct; or
2. The registered farmers market operator has actual knowledge of a dangerous condition in the land, facilities or equipment used in the registered farmers market activity or the dangerous propensity of a particular animal used in such activity and does not make the dangerous condition known to the participant and the dangerous condition causes the participant to sustain injuries or death.
Added by Laws 2017, c. 206, § 3, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-59. Oklahoma Trade Development program – Establishment – Participating entities - Purpose.

A. The State Board of Agriculture shall establish an Oklahoma Trade Development program to further the processing and marketing of Oklahoma food products and renewable resources.
B. All applicable agencies including, but not limited to, the Division of Agriculture at Oklahoma State University, the Department of Commerce, and the Corporation Commission shall cooperate in the program.
C. The Oklahoma Trade Development Center shall consider the following subjects:
1. The possibility of a food processing center to assist in the marketing of intrastate and interstate distribution to increase the awareness of Oklahoma food products.
2. The possibilities for value-added products to be derived from Oklahoma's renewable resources.
Added by Laws 1987, c. 106, § 1, emerg. eff. May 22, 1987. Amended by Laws 2000, c. 243, § 52, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.2. Legislative findings.

A. The Legislature recognizes that:
1. Farm to School Programs link schools and Oklahoma farms in order to provide schools with fresh and minimally processed farm commodities for inclusion in school meals and snacks, to help children develop healthy eating habits, and to improve Oklahoma farmers’ incomes and direct access to markets; and
2. The benefits of Farm to School Programs often include activities that provide students with hands-on learning opportunities, such as farm visits, cooking demonstrations, and school gardening and composting programs, and integrate nutrition and agriculture education into school curricula.
B. It is the intent of the Legislature that school districts encourage the implementation of the Oklahoma Farm to School Program, which will emphasize the purchase of locally and regionally produced foods in order to improve child nutrition and strengthen local and regional farm economies.
C. A successful statewide Farm to School Program will require the resources, expertise, and collaboration of a variety of state agencies, including the State Department of Education, the State Department of Health, the Oklahoma Department of Agriculture, Food, and Forestry, the Department of Human Services, and a nonprofit agency that has experience in Farm to School Programs.
Added by Laws 2006, c. 257, § 2, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.3. Oklahoma Farm to School Program – Agency staff to implement.

A. There is hereby created the Oklahoma Farm to School Program within the Oklahoma Department of Agriculture, Food, and Forestry. The Department shall employ a director to administer and monitor the programs and activities related to the Oklahoma Farm to School Program with the advice of and guidance of a nonprofit food policy council.
B. The following agencies shall make staff available to the Oklahoma Farm to School Program for the purpose of providing professional consultation and staff support to assist the implementation of this act:
1. Oklahoma Department of Agriculture, Food, and Forestry;
2. State Department of Health;
3. State Department of Education; and
4. Department of Human Services.
Added by Laws 2006, c. 257, § 3, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.4. Duties of director.

The duties of the director shall include, but not be limited to:
1. Identifying and promoting the critical components of individual Farm to School Programs and advising the agencies on needed actions and strategies to implement the Oklahoma Farm to School Program;
2. Establishing a partnership with public and nonprofit sources to implement a public engagement campaign and establish a structure to facilitate communication between farmers and school districts;
3. Providing leadership at the state level to encourage school districts to develop and improve school nutrition plans using locally grown farm-fresh products;
4. Conducting workshops, training sessions, and technical assistance to school food services directors, personnel, farmers, and produce distributors and processors regarding the demand for and the availability of Oklahoma farm products; and
5. Seeking grants from private donations and other funding sources.
Added by Laws 2006, c. 257, § 4, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.5. Program web site.

A. The Oklahoma Department of Agriculture, Food, and Forestry shall establish a Farm to School Program web site for the State of Oklahoma. A direct link to the Farm to School Program web site shall be maintained on the home pages of the State of Oklahoma, the State Department of Education, and the Oklahoma Department of Agriculture, Food, and Forestry.
B. The purpose of the Farm to School Program web site shall be to assist schools and farmers in the coordination of fresh food procurement.
Added by Laws 2006, c. 257, § 5, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.10. Short title - Oklahoma Agricultural Commodity Act.

This act shall be known and may be cited as the "Oklahoma Agricultural Commodity Act".
Added by Laws 1999, c. 123, § 1, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 1, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.11. Purpose of act.

A. The purpose of the Oklahoma Agricultural Commodity Act is:
1. To authorize and prescribe the necessary procedures by which the producers of agricultural commodities grown in this state may establish agricultural commodity producers boards to finance programs devised to alleviate any circumstance or condition that serves to impede the production, marketing, research or use of agricultural commodities; and
2. To establish a procedure for an existing statutory commodity board to privatize and convert to a successor organization.
B. Agriculture commodity producers boards established pursuant to the Oklahoma Agricultural Commodity Act shall be state agencies for purposes of The Governmental Tort Claims Act and are exempt from taxation in the same manner and to the same extent as other state agencies. The board shall not be considered a state agency for any other purpose.
Added by Laws 1999, c. 123, § 2, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 2, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.12. Definitions.

As used in the Oklahoma Agricultural Commodity Act:
1. "Agricultural commodity" means an agricultural commodity, horticultural commodity, silvicultural commodity, or agricultural product, horticultural product, viticulture, or silvicultural product, or bees and honey, planting seed, livestock or livestock product, or poultry or poultry product produced in this state, either in its natural state or as processed by the producer;
2. "Board" means an agricultural commodity producers board of a certified organization or a successor organization;
3. "Certified organization" means the agricultural commodity entity certified by the Oklahoma Department of Agriculture, Food, and Forestry to conduct a referendum;
4. "Commissioner" means the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry;
5. "District" means a geographical area within the jurisdiction of a board;
6. "Person" means an individual, firm, corporation, association, or any other business entity;
7. "Processor" means a person who:
a.
is a purchaser, warehouseman, processor, or other commercial handler of an agricultural commodity, or
b.
is engaged in the operation of packing, grading, selling, offering for sale or marketing any agricultural commodity in commercial quantities as defined in a marketing program, who as owner, agent, or otherwise, ships or causes agricultural commodities to be shipped;
8. "Producer" means a person engaged in the business of producing or causing to be produced for commercial purposes an agricultural commodity. The term "producer" includes the owner of a farm on which the commodity is produced and the owner's tenant or sharecropper;
9. "Successor organization" means the agricultural commodity entity approved by the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry to succeed an existing statutory commodity producers board; and
10. "Volume of production" shall be defined by the certified organization and can refer to units of product sold such as pounds, tons, bushels, gallons, flats, containers, packages, or other commonly recognized units of measure, square footage or acreage of production space or other appropriate measurement units, or number of production units such as trees, vines, head count of livestock or poultry, or other commonly recognized measurement units, or gross sales.
Added by Laws 1999, c. 123, § 3, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 3, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.13. Petition for certification – Public hearing.

A. 1. Any nonprofit organization authorized under the laws of this state representing the producers of an agricultural commodity may petition the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry for certification as the organization authorized to establish a new commodity producers board and conduct an assessment referendum pursuant to the Oklahoma Agricultural Commodity Act.
2. The petition shall state:
a.
the reasons for and the purposes of the commodity producers board,
b.
the number of board members and board organization,
c.
propose either a six-member, nine-member, twelve-member or fifteen-member board and whether board members will be appointed by district or appointed at large,
d.
the maximum assessment to be levied pursuant to an election, and
e.
such other information required by the Commissioner;
3. The petition shall be signed by at least twenty percent (20%) of the commodity producers in the state or at least two hundred commodity producers, whichever is less.
B. 1. Any new nonprofit organization authorized under the laws of this state representing the producers of an agricultural commodity may petition the Commissioner for approval as a successor organization authorized to replace an existing statutory commodity producers board.
2. The petition shall:
a.
state the existing statutory commodity producers board to be replaced,
b.
provide the bylaws for review and approval by the Commissioner for the new nonprofit organization, and
c.
provide any other information required by the Commissioner.
3. The petition shall be signed by a majority of the board members of the existing statutory commodity producers board.
4. Any new nonprofit organization petitioning the Commissioner may retain the name of the existing statutory commodity producers board.
C. 1. Within fifteen (15) days following the day on which a petition for certification is received, the Commissioner shall schedule a public hearing to consider the petition. The public hearing shall be scheduled no later than forty (40) days after receipt of the completed petition is received by the Department.
2. Upon the scheduling of the public hearing, the nonprofit organization shall provide for notification of interested commodity producers in the manner, method and locations required by the Department.
3. If the Commissioner determines that, on the basis of testimony presented at the public hearing, the petitioning organization is representative of the producers of the agricultural commodity and that the petition conforms to the purposes and provisions of the Oklahoma Agricultural Commodity Act, the Commissioner shall:
a.
certify that the organization is representative of the producers of the commodity and is authorized to establish the commodity producers board and to conduct the board election and assessment referendum, or
b.
approve the new nonprofit organization as a successor organization authorized to accept the statutory assessment.
Added by Laws 1999, c. 123, § 4, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 4, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.14. Commodity producers board – Ballot – Notice by publication – Written notice.

A. A certified organization that does not have a statutory assessment may establish a new commodity producers board and conduct an election of members to the commodity producers board for the commodity. The ballot shall also provide for a referendum of the producers of an agricultural commodity on the proposition of whether or not the producers shall levy an assessment on themselves to finance programs of research, disease and insect control, predator control, education, or promotion designed to encourage the production, marketing, and use of the commodity. The certified organization shall give public notice of:
1. The date, hours, and polling places for voting in the referendum and election;
2. The estimated amount and basis of the assessment proposed to be collected;
3. Whether a producer exemption is to be allowed in accordance with Section 5-60.18 of this title; and
4. A description of the manner in which the assessment is to be collected and the proceeds administered and used.
B. The notice under subsection A of this section shall be published in one or more newspapers published and distributed within the boundaries described in the petition. The notice shall be published for not less than once a week for three (3) consecutive weeks, beginning at least sixty (60) days before the date of the election. In addition, at least sixty (60) days before the date of the election, the certified organization shall give direct written notice to each county extension educator in any county within the boundaries described in the petition.
C. A successor organization shall follow the board election procedures set in the bylaws of the successor organization and the statutory assessment provisions for the particular commodity represented by the successor organization.
Added by Laws 1999, c. 123, § 5, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 5, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.15. Conduction of election and referendum – Eligibility to vote – Candidates – Write-in votes.

A. Subject to the approval of the Commissioner, the certified organization shall conduct the election and referendum on a statewide basis.
B. A producer of the agricultural commodity is eligible to vote in the election and referendum if:
1. The producer's production occurs within the state; and
2. The producer would be required under the referendum to pay the assessment.
C. Any producer who is eligible to vote at the election and referendum is eligible to be a member or a candidate for membership on the commodity producers board.
D. A potential candidate shall file with the certified organization an application to have the name of such potential candidate printed on the ballot. The application shall be signed by the candidate and by at least ten producers who are eligible to vote at the election. The application shall be filed at least thirty (30) days before the date set for the election.
E. A voter may vote for board members by writing in the name of any eligible person whose name is not printed on the ballot.
F. A successor organization shall follow the board election procedures set in the bylaws of the successor organization and the statutory assessment provisions for the particular commodity represented by the successor organization.
Added by Laws 1999, c. 123, § 6, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 6, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.16. Preparation and distribution of ballots - Contents.

A. The certified organization shall prepare and distribute all necessary ballots in advance of the referendum and election and shall cause ballots to be available at all polling places.
B. The referendum provisions of the ballot shall specify a maximum rate for the authorized assessment.
C. The election provisions of the ballot may be printed only with the names of candidates who have filed valid petitions under Section 5-60.15 of this title, but the ballot shall provide a space for write-in votes.
D. The ballot shall provide a space for the voter to certify the volume of the voter's production of the commodity during the preceding year or other relevant production period, as designated on the ballot.
E. A successor organization shall follow the board election procedures set in the bylaws of the successor organization and the statutory assessment provisions for the particular commodity represented by the successor organization.
Added by Laws 1999, c. 123, § 7, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 7, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.17. Expenses - Reimbursement.

The certified organization is responsible for all expenses incurred in connection with the referendum and election, but it may be reimbursed for actual and necessary expenses out of funds deposited in the treasury of the commodity producers board if the assessment is levied and collected.
Added by Laws 1999, c. 123, § 8, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.18. Exemption from assessment.

A. The original referendum and subsequent board elections may provide exemptions for producers from payment of the assessment if the exemptions are included in full written form on the election ballot and are approved by:
1. Two-thirds or more of those voting in the election; or
2. More than one-half of those voting in the election and those voting in favor of the proposition produce at least fifty percent (50%) of the volume of production of the commodity during the relevant production period.
B. A successor organization shall follow the board election procedures set in the bylaws of the successor organization and the statutory assessment provisions for the particular commodity represented by the successor organization.
Added by Laws 1999, c. 123, § 9, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 8, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.19. Contest of election – Voting of ballots - Overstatement of volume of production.

A. In any contest of an election, a ballot is void if the voter overstated the volume of production of the producer by more than ten percent (10%). Any other error in stating volume of production is not grounds for invalidating the ballot.
B. If a ballot is void or if any other error is made in stating production volume, the returns shall be corrected and the results adjusted accordingly.
C. In the original referendum election, the Commissioner shall be authorized and is responsible for making the determination if a ballot is void due to overstatement of production volume. In any subsequent referendum elections the individual commodity producer boards are authorized and shall be responsible for making such determination.
D. A successor organization shall follow the board election procedures set in the bylaws of the successor organization and the statutory assessment provisions for the particular commodity represented by the successor organization.
Added by Laws 1999, c. 123, § 10, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 9, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.20. Determination of election results.

A. Upon receiving the report of the returns of an election and referendum, the Commissioner shall determine:
1. The number of votes cast for and against the referendum proposition;
2. The total volume of production of the commodity during the relevant production period;
3. The percentage of the total volume of production of the commodity that was produced by those voting in favor of the referendum proposition; and
4. The appropriate number of candidates receiving the highest number of votes for membership on the commodity producers board.
B. A successor organization shall follow the board election procedures set in the bylaws of the successor organization and the statutory assessment provisions for the particular commodity represented by the successor organization.
Added by Laws 1999, c. 123, § 11, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 10, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.21. Certification of adoption or defeat of referendum proposition.

A. In a referendum election, if the Commissioner finds that either of the two conditions set forth in subsection B of this section are met, the Commissioner shall publicly certify the adoption of the referendum proposition and issue certificates of election to those persons elected to the board. Otherwise the Commissioner shall certify that the referendum proposition was defeated.
B. The referendum proposition will be adopted upon a finding that:
1. Two-thirds or more of those voting in the election voted in favor of the referendum proposition; or
2. More than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.
C. A successor organization shall follow the board election procedures set in the bylaws of the successor organization and the statutory assessment provisions for the particular commodity represented by the successor organization.
Added by Laws 1999, c. 123, § 12, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 11, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.22. Board elections.

A certified organization shall conduct elections for the purpose of electing members to the board on a schedule listed in the bylaws of the certified organization. The board shall give notice and hold the election in accordance with the applicable provisions of the Oklahoma Agricultural Commodity Act relating to the initial election and, to the extent necessary, in accordance with the rules of the Oklahoma Department of Agriculture, Food, and Forestry.
Added by Laws 1999, c. 123, § 13, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 12, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.23. Establishment of board upon certification of referendum results.

If the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry certifies adoption of a referendum proposition under Section 5-60.21 of this title, the new commodity producers board is established and has the powers and duties prescribed by the Oklahoma Agricultural Commodity Act.
Added by Laws 1999, c. 123, § 14, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 13, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.24. Meeting and organization of board – Terms of office.

A. On receiving certificates of election from the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry, the certified organization's board shall meet and organize.
B. Members of the certified organization's initial board shall draw lots so that one-third (1/3) of the members shall hold office for two (2) years, one-third (1/3) for four (4) years, and one-third (1/3) for six (6) years. Thereafter, members of the board shall serve for terms of six (6) years.
C. Each member holds office until a successor is elected and has qualified.
Added by Laws 1999, c. 123, § 15, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 14, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.25. Officers of board - Bond.

A. The commodity producers board shall elect from its members a chair, a secretary-treasurer, and other officers that it considers necessary.
B. The secretary-treasurer shall execute a corporate surety bond in an amount required by the board. The bond shall be conditioned on the secretary-treasurer faithfully accounting for all money that comes into the custody of the officer. The bond shall be filed with the Commissioner.
C. The board shall fill any vacancy on the board by appointment for the unexpired term.
D. A majority vote of all members present is necessary for an action of the board to be valid.
E. Members of the board serve without compensation but are entitled to reimbursement from their commission for reasonable and necessary expenses incurred in the discharge of their duties.
Added by Laws 1999, c. 123, § 16, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.27. Annual budget – Audits – Annual reports – State budget and expenditure limitations.

A. The commodity producers board shall provide the annual budget to the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry.
B. Accounts of the board are subject to audit on a consistent schedule as established in the organization's bylaws.
C. Within ninety (90) days following the end of each fiscal year of the board, the board shall submit an annual report itemizing all income and expenditures and describing all activities of the board during the previous fiscal year to the Commissioner.
D. Funds collected by the commodity producers board pursuant to the Oklahoma Agricultural Commodity Act or other statute authorizing an assessment shall not be subject to state budget and expenditure limitations. Such funds shall at no time become monies of the state or become part of the general budget of the state. Debts or obligations of the board shall not be construed to be debts or obligations of this state.
Added by Laws 1999, c. 123, § 18, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 16, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.28. Assessments, donations and grants – Purpose of expenditures.

A. The board is authorized to receive assessments as provided for in the Oklahoma Agricultural Commodity Act or other statute authorizing an assessment, and donations or grants from any source.
B. Money received by the board may be expended for the purpose of implementing the provisions of the Oklahoma Agricultural Commodity Act.
C. Funds assessed and collected under this act shall not be expended for use directly or indirectly to promote or oppose the election of any candidate for public office.
Added by Laws 1999, c. 123, § 19, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 17, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.29. Collection of assessment.

A. The processor at the first point of sale determined by the board shall collect the assessment. Except as provided by subsection B of this section, the processor at that point shall collect the assessment by deducting the appropriate amount from the purchase price of the commodity or from any funds advanced for that purpose.
B. If the producer and processor are the same legal entity, or if the producer retains ownership after processing, such entity shall remit the assessment at the time of first sale of the commodity.
C. The board, by registered or certified mail, shall notify each processor of the duty to collect the assessment, the manner in which the assessment is to be collected, and the date on or after which the processor is to begin collecting the assessment.
D. The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction. The processor shall furnish a copy of the document to the producer.
E. Unless otherwise provided by the original referendum, no later than the tenth day of each month the processor shall remit the amount collected during the previous month to the board.
F. No commodity shall be subject to the applicable fee more than once per growing season.
G. A successor organization shall follow the assessment requirements and procedures established in the statutory provisions for the particular commodity represented by the successor organization, if applicable.
Added by Laws 1999, c. 123, § 20, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 18, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.30. Refund.

A. A producer who has paid an assessment may obtain a refund of the amount paid by filing an application for refund with the certified organization within sixty (60) days after the date of payment. The application shall be in writing, on a form prescribed by the board for that purpose, and accompanied by proof of payment of the assessment.
B. The certified organization shall pay the refund to the producer before the eleventh day of the month following the month in which the application for refund and proof of payment are received.
C. A successor organization shall follow the refund requirements established in the statutory provisions for the particular commodity represented by the successor organization, if applicable.
Added by Laws 1999, c. 123, § 21, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 19, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.31. Increase of maximum rate of assessment – Abolition of assessment - Referendum.

A. At any election of the commodity producers board, the certified organization may submit to the voters a proposition to increase the maximum rate of assessment. The referendum proposition will be adopted upon a finding that:
1. Two-thirds or more of those voting in the election voted in favor of the referendum proposition; or
2. More than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.
B. 1. If twenty percent (20%) or more of the producers participating in the program present to the certified organization a petition calling for a referendum of the qualified voters on the proposition of discontinuing the assessment, the certified organization shall conduct a referendum for that purpose. An election on a proposition of discontinuing the assessment shall be held no more than once per year.
2. The certified organization shall give notice of the referendum, the referendum shall be conducted, and the results shall be declared in the manner provided by law for the original referendum and election, with any necessary exceptions provided in bylaws of the certified organization.
3. The certified organization shall conduct the referendum within ninety (90) days of the date of filing of the petition.
4. The proposition shall be approved if:
a.
two-thirds or more of those voting in the election voted in favor of the referendum proposition, or
b.
more than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.
C. If the proposition is approved, the assessment is abolished.
D. A successor organization shall follow the statutory assessment provisions and the assessment continuation referendum requirements established in the statutory provisions for the particular commodity represented by the successor organization.
Added by Laws 1999, c. 123, § 22, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 20, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.32. Failure to remit assessment – Proceedings to recover.

The commodity producers board may investigate conditions that relate to the prompt remittance of the assessment by any producer or processor. If the board determines that a person has failed to remit to the board the required assessment, the board may independently institute proceedings for recovery of the amount due to the board or for injunctive or other appropriate relief.
Added by Laws 1999, c. 123, § 23, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 21, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.33. Violations – Injunction – Costs and attorney fees.

A violation of any provision of the Oklahoma Agricultural Commodity Act is unlawful and may be enjoined by a district court of competent jurisdiction. In any action brought by a board which results in an injunction against a person and the court determines that such person has violated any provision of the Oklahoma Agricultural Commodity Act, the court shall award costs and attorney fees to the board.
Added by Laws 1999, c. 123, § 24, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 22, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.34. Exemption from requirements of act.

All commissions and assessments established before July 1, 1999, are exempt from the requirements and provisions of the Oklahoma Agricultural Commodity Act. However, any statutory commodity board that is replaced by a successor organization approved by the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry shall be subject to the provisions of this act.
Added by Laws 1999, c. 123, § 25, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 23, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-60.36. Transfer of funds, equipment, and property to successor organization.

All funds, equipment, and all other property shall transfer from the statutory commodity board to the successor organization immediately upon approval of the successor organization by the Commissioner. All funds, equipment, and other property so transferred shall no longer be considered state funds or state property and may be transferred or disposed by the successor organization without regard to state surplus property laws.
Added by Laws 2014, c. 1, § 25, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-63.2. Definitions.

As used in the Commodity Research Enhancement Act:
1. "Agricultural commodity" means an agricultural commodity, horticultural commodity, silvicultural commodity, or agricultural product, horticultural product, viticulture, or silvicultural product, or bees and honey, planting seed, rice, livestock or livestock product, or poultry or poultry product produced in this state, either in its natural state or as processed by the producer;
2. "Board" means federally approved commodity board;
3. "Commissioner" means the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry;
4. "District" means a geographical area within the jurisdiction of a board;
5. "Federally approved commodity board" means a board organized and sanctioned by the United States Department of Agriculture to receive a federal assessment for the specific commodity;
6. "Nonprofit commodity organization" means any organization representing commodity producers with the ability to seek a state assessment and designate a federally approved commodity board as the recipient;
7. "Person" means an individual, firm, corporation, association, or any other business entity;
8. "Processor" means a person who:
a.
is a purchaser, warehouseman, processor, or other commercial handler of an agricultural commodity, or
b.
is engaged in the operation of packing, grading, selling, offering for sale or marketing any agricultural commodity in commercial quantities as defined in a marketing program, who as owner, agent, or otherwise, ships or causes agricultural commodities to be shipped;
9. "Producer" means a person engaged in the business of producing or causing to be produced for commercial purposes an agricultural commodity. The term "producer" includes the owner of a farm on which the commodity is produced and the owner's tenant or sharecropper; and
10. "Volume of production" shall be defined by the certified organization and can refer to units of product sold such as pounds, bushels, gallons, flats, containers, packages, or other commonly recognized units of measure, square footage or acreage of production space or other appropriate measurement units, or number of production units, such as trees, vines, head count of livestock or poultry, or other commonly recognized measurement units, or gross sales.
Added by Laws 2014, c. 371, § 2, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-63.3. Petition for state assessment referendum.

A. 1. Any nonprofit commodity organization may petition the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry to request approval to conduct a state assessment referendum pursuant to the Commodity Research Enhancement Act.
2. The petition shall state:
a.
the name of the nonprofit organization that will conduct the referendum,
b.
the reasons for and the purposes of the state assessment,
c.
the federally approved commodity board that will be designated by the nonprofit commodity organization as the recipient of the state assessment,
d.
the maximum state assessment to be levied pursuant to an election,
e.
the names and number of positions held by each nonprofit commodity organization on the federally approved commodity board, and
f.
such other information required by the Commissioner.
3. The petition shall be signed by at least ten percent (10%) of the commodity producers in the state.
B. 1. Within fifteen (15) days following the day on which a petition for certification is received, the Commissioner shall schedule a public hearing to consider the petition. The public hearing shall be scheduled no later than forty (40) days after receipt of the completed petition by the Department.
2. Upon the scheduling of the public hearing, the nonprofit commodity organization shall provide for notification of interested commodity producers in the manner, method and locations required by the Oklahoma Department of Agriculture, Food, and Forestry.
3. If the Commissioner determines that, on the basis of testimony presented at the public hearing, the petitioning nonprofit commodity organization is representative of the producers of the agricultural commodity and that the petition conforms to the purposes and provisions of the Commodity Research Enhancement Act, the Commissioner shall designate the nonprofit commodity organization as representative of the producers of the commodity and authorized to conduct the state assessment referendum.
4. The petitioning nonprofit commodity organization shall be responsible for all costs associated with the Commissioner's consideration of the petition.
Added by Laws 2014, c. 371, § 3, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-63.4. State assessment referendum.

A. A designated nonprofit commodity organization may conduct a referendum of the producers of an agricultural commodity on the proposition of whether or not the producers shall levy a state assessment on themselves to finance programs of research, disease and insect control, predator control, education or promotion designed to encourage the production, marketing and use of the commodity. The designated nonprofit commodity organization shall give public notice of:
1. The date, hours and polling places for voting in the referendum;
2. The estimated amount and basis of the state assessment proposed to be collected;
3. Whether a producer exemption is to be allowed in accordance with Section 8 of this act; and
4. A description of the manner in which the state assessment is to be collected and the proceeds administered and used.
B. The notice under subsection A of this section shall be published in one or more newspapers published and distributed within the boundaries described in the petition. The notice shall be published for not less than once a week for three (3) consecutive weeks, beginning at least sixty (60) days before the date of the election. In addition, at least sixty (60) days before the date of the election, the designated nonprofit commodity organization shall give direct written notice to each county extension educator in any county within the boundaries described in the petition.
Added by Laws 2014, c. 371, § 4, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-63.5. Statewide basis - Eligible voters.

A. Subject to the approval of the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry, the designated nonprofit commodity organization shall conduct the referendum on a statewide basis.
B. A producer of the agricultural commodity is eligible to vote in the election and referendum if the producer would be required under the referendum to pay the state assessment.
Added by Laws 2014, c. 371, § 5, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-63.6. Ballots.

A. The designated nonprofit commodity organization shall prepare and distribute all necessary ballots in advance of the referendum and shall cause ballots to be available at all polling places.
B. The ballot shall specify a maximum rate for the authorized state assessment.
C. The ballot shall provide a space for the voter to certify the volume of the voter's production of the commodity during the preceding year or other relevant production period, as designated on the ballot.
Added by Laws 2014, c. 371, § 6, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-63.8. Exemptions for producers.

The original referendum may provide exemptions for producers from payment of the state assessment if the exemptions are included in full written form on the election ballot and the referendum is adopted as outlined in Section 11 of this act.
Added by Laws 2014, c. 371, § 8, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-63.9. Void ballots.

A. In any contest of an election, a ballot is void if the voter overstated the volume of production of the producer by more than ten percent (10%). Any other error in stating volume of production is not grounds for invalidating the ballot.
B. If a ballot is void or if any other error is made in stating production volume, the returns shall be corrected and the results adjusted accordingly.
C. In any referendum election, the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry shall be authorized and is responsible for making the determination if a ballot is void due to overstatement of production volume.
Added by Laws 2014, c. 371, § 9, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-5-63.10. Ballot determinations.

Upon receiving the report of the returns of the referendum, the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry shall determine:
1. The number of votes cast for and against the referendum proposition;
2. The total volume of production of the commodity during the relevant production period; and
3. The percentage of the total volume of production of the commodity that was produced by those voting in favor of the referendum proposition.
Added by Laws 2014, c. 371, § 10, eff. Nov. 1, 2014.