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2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-4. Rulemaking and employing authority.

The State Board of Agriculture is authorized to promulgate rules for the administration, implementation, and enforcement of the Oklahoma Swine Feeding Operations Act. For the performance of its duties and responsibilities, the Board is authorized to employ such personnel and agents as may be required within the funds available.
Added by Laws 1969, c. 116, § 3. Amended by Laws 1997, c. 331, § 3, eff. Sept. 1, 1997. Renumbered from § 9-203 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 4, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-11. Odor Abatement Plans.

A. An Odor Abatement Plan shall be developed by each licensed managed feeding operation prior to the submission of an application pursuant to the provisions of this section and rules promulgated by the State Board of Agriculture pursuant thereto. The Odor Abatement Plan shall include, but not be limited to, provisions for documentation of structural controls, documentation of Best Management Practices, odor abatement, and recordkeeping provisions.
B. 1. The Odor Abatement Plan shall include specific methods of odor reduction which shall be tailored to each facility and created to address each cause of odor listed in paragraph 2 of this subsection.
2. The Odor Abatement Plan shall address methods for reducing odors in relationship to swine maintenance, waste storage, land application, and carcass disposal.
3. The applicant or licensee shall examine the Odor Abatement Plan at least annually to evaluate the effectiveness of the plan, modify for changed conditions at the facility and determine if economically feasible technological advances are available and appropriate for the facility.
C. If, after reviewing the Odor Abatement Plan, the Oklahoma Department of Agriculture, Food, and Forestry determines that the plan does not adequately meet one or more of the minimum requirements, the licensed managed feeding operation shall make and implement appropriate changes to the Plan which may include the utilization of economically feasible technology designed to abate odor as required by the Department pursuant to the Oklahoma Swine Feeding Operations Act and rules promulgated pursuant thereto.
D. In determining the adequacy of an odor abatement plan, the Department shall consider all relevant factors including but not limited to:
1. Design of the facilities;
2. Odor control technology to be utilized;
3. Prevailing wind direction in relation to occupied residences;
4. Size of operation;
5. Distance from facility to occupied residences; and
6. All information contained in the application.
Added by Laws 1998, c. 404, § 10, eff. Aug. 1, 1998. Renumbered from § 9-205.3a of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 11, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-13. Irrigation systems.

A. All irrigation systems into which any swine waste will be injected shall be equipped with one or both of the following systems:
1. An antipollution system, approved by the State Board of Agriculture, capable of preventing the backflow of swine waste into the groundwater. The system shall include a safety check valve with a removable inspection port, anti-syphon vent, and low-pressure escape drain. An interlock device shall be installed on pumps that pump the swine waste so that if a fresh water irrigation pump shuts down, the pump that pumps the swine waste will also immediately shut down, preventing the chance of leakage past the check valve; or
2. A system which provides for a complete and total disconnection between the flow of fresh water and the flow of swine waste. The system shall be capable of a manual disconnection between fresh water and the swine waste.
B. The Oklahoma Department of Agriculture, Food, and Forestry shall make annual on-site inspections examining the operative status of the check valves and interlock devices.
C. The operator of the irrigation system shall be responsible to ensure:
1. That the valves and interlock devices remain operative between annual inspections by the Department; or
2. Complete disconnection from fresh water when introducing swine waste into the system.
Added by Laws 1997, c. 331, § 11, eff. Sept. 1, 1997. Renumbered from § 9-205.5 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 13, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-14. Investigations and inspections.

A. The State Board of Agriculture or its authorized agents are empowered to enter upon the premises of any swine feeding operation for the purpose of investigating complaints as to the operation or to determine whether there are any violations of the Oklahoma Swine Feeding Operations Act. The Department shall make at least one unannounced inspection per year of every swine feeding operation licensed pursuant to the Oklahoma Swine Feeding Operations Act.
B. 1. The Board shall promulgate standard precautions for the prevention of the transmission of communicable diseases to humans and animals to be used by employees of the Oklahoma Department of Agriculture, Food and Forestry when inspecting swine feeding operations pursuant to their official duties specified by the Oklahoma Swine Feeding Operations Act and rules promulgated pursuant thereto.
2. Except for emergency situations or when enforcement of the provisions of the Oklahoma Swine Feeding Operations Act requires the use of the standard precautions as promulgated by the Board pursuant to paragraph 1 of this subsection, Department employees shall observe the health standards and sanitary requirements of the facility.
C. The Board shall maintain necessary records and undertake such studies, investigations, and surveys for the proper administration of the Oklahoma Swine Feeding Operations Act.
Added by Laws 1969, c. 116, § 6. Amended by Laws 1997, c. 331, § 12, eff. Sept. 1, 1997. Renumbered from § 9-206 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 14, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-15. License required for operation - Jurisdiction of Department of Environmental Quality.

A. 1. It shall be unlawful for any person to operate a concentrated swine feeding operation, without first obtaining a license from the State Board of Agriculture.
2. The owner or operator of a swine feeding operation not classified as a concentrated swine feeding operation may apply for a license if the owner or operator elects to come under the provision of the Oklahoma Swine Feeding Operations Act and the rules of the State Board of Agriculture.
3. The owner or operator of a swine feeding operation primarily using a liquid swine waste management system not classified as a licensed managed feeding operation may apply for a license if the owner or operator voluntarily elects to come under the provisions of the Oklahoma Swine Feeding Operations Act relating to licensed managed feeding operations and the rules of the State Board of Agriculture.
B. 1. The Department of Environmental Quality shall have environmental jurisdiction over:
a.
commercial manufacturers of fertilizers, grain and feed products, and chemicals, and over manufacturing of food and kindred products, tobacco, paper, lumber, wood, textile mill and other agricultural products,
b.
slaughterhouses, but not including feedlots at these facilities, and
c.
aquaculture and fish hatcheries, including, but not limited to, discharges of pollutants and storm water to waters of the state, surface impoundments and land application of wastes and sludge, and other pollution originating at these facilities.
2. Facilities storing grain, feed, seed, fertilizer, and agricultural chemicals that are required by federal National Pollutant Discharge Elimination System regulations to obtain a permit for storm water discharges shall only be subject to the jurisdiction of the Department of Environmental Quality with respect to storm water discharges.
Added by Laws 1969, c. 116, § 8. Amended by Laws 1973, c. 70, § 2, emerg. eff. April 27, 1973; Laws 1981, c. 77, § 2; Laws 1993, c. 145, § 251, eff. July 1, 1993; Laws 1993, c. 324, § 47, eff. July 1, 1993; Laws 1994, c. 140, § 29, eff. Sept. 1, 1994; Laws 1997, c. 331, § 13, eff. Sept. 1, 1997; Laws 1998, c. 404, § 12, eff. Aug. 1, 1998; Laws 1999, c. 413, § 14, eff. Nov. 1, 1999; Laws 2005, c. 292, § 22, eff. July 1, 2005. Renumbered from § 9-208 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 15, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-16. Expiration and renewal of licenses - Fees.

A. Licenses shall expire on June 30 of each year and may be renewed upon payment of the license and swine animal unit fees set forth in this section and continued compliance with the provisions of the Oklahoma Swine Feeding Operations Act and the rules of the Board.
B. The fees for a swine feeding operations license and annual renewal thereof shall be:
1. Fifteen Dollars ($15.00) for facilities with a capacity of less than two hundred fifty (250) swine animal units;
2. Thirty-seven Dollars and fifty cents ($37.50) for facilities with a capacity of two hundred fifty (250) to five hundred (500) swine animal units;
3. Seventy-five Dollars ($75.00) for facilities with a capacity of five hundred one (501) to three thousand (3,000) swine animal units;
4. One Hundred Fifty Dollars ($150.00) for facilities with a capacity of three thousand one (3,001) to ten thousand (10,000) swine animal units; or
5. Two Hundred Twenty-five Dollars ($225.00) for facilities with a capacity of more than ten thousand (10,000) swine animal units.
C. 1. All licensed managed feeding operations shall pay an additional license fee for original licenses in an amount equal to eighty cents ($0.80) per licensed swine animal unit capacity. One-half (1/2) of the amount shall be due and payable with the application.
2. The other one-half (1/2) of the amount shall be due thirty (30) days from the date the application is approved. In the event the application is not approved, any amount of the fee in excess of the costs of processing the application shall be refunded to the applicant.
3. All licensed managed feeding operations shall pay an additional license fee for renewal licenses in an amount established by rules.
D. The Department shall review costs related to the administration, regulation, and enforcement of licensed managed feeding operations. Based on the review, rules shall be promulgated pursuant to the Administrative Procedures Act establishing a renewal fee for licensed managed feeding operations. The fee shall be based on the costs incurred by the Department in salaries, travel claims, and other necessary expenses incurred in fulfilling its regulatory and administrative obligations with regard to licensed managed feeding operations. Under no circumstances shall the fee exceed eighty cents ($0.80) per swine animal unit.
E. All fees received for licensure of swine feeding operations shall be deposited in the State Department of Agriculture Revolving Fund.
Added by Laws 1969, c. 116, § 9. Amended by Laws 1973, c. 70, § 3, emerg. eff. April 27, 1973; Laws 1997, c. 331, § 14, eff. Sept. 1, 1997; Laws 1998, c. 404, § 13, emerg. eff. June 10, 1998. Renumbered from § 9-209 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 16, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-18. Duties of owners and operators – Nuisance.

A. In addition to any other requirement of the Oklahoma Swine Feeding Operations Act, swine feeding operations owners and operators who are granted a swine feeding operations license shall:
1. Provide adequate veterinarian services for detection, control, and elimination of livestock diseases;
2. Have available for use at all necessary times mechanical means of scraping, cleaning, and grading feed yards premises; and
3. Provide weather resistant aprons adjacent to all permanently affixed feed bunks, water tanks, and feeding devices.
B. 1. Any swine feeding operation licensed pursuant to the Oklahoma Swine Feeding Operations Act, operated in compliance with those standards, and in compliance with the rules promulgated by the State Board of Agriculture, shall be deemed to be prima facie evidence that a nuisance does not exist; provided, no swine feeding operation shall be located or operated in violation of any zoning regulations.
2. Any swine feeding operation licensed pursuant to the Oklahoma Swine Feeding Operations Act, operated in compliance with those standards, and in compliance with rules promulgated by the Board, that is located on land more than three (3) miles outside the incorporated limits of any municipality and which is not located within one (1) mile of ten or more occupied residences shall not be deemed a nuisance unless it is shown by a preponderance of the evidence that the operation endangers the health or safety of others.
Added by Laws 1969, c. 116, § 10. Amended by Laws 1993, c. 315, § 1, eff. Sept. 1, 1993; Laws 1997, c. 331, § 16, eff. Sept. 1, 1997. Renumbered from § 9-210 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 18, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-19. Setback requirements.

A. Except as authorized by this subsection, no liquid swine waste shall be land applied within five hundred (500) feet of the nearest corner of an occupied residence not owned or leased by the owner of the swine feeding operation.
B. Except as otherwise provided by Section 20-20 of this title, no concentrated swine feeding operation shall be established within one (1) mile of ten or more residences that are occupied residences at the time of the establishment of the concentrated swine feeding operation.
C. The proscription contained in subsections A and B of this section shall not apply if the applicable property owner executes a written waiver with the owner or operator of the swine feeding operation, under the terms and conditions that the parties negotiate. The written waiver becomes effective upon recording of the waiver in the offices of the recorder of deeds in the county where the property is located. The filed waiver shall preclude enforcement of the setback requirements contained in subsections A and B of this section. A change in ownership of the applicable property or change in the ownership of the property on which the swine feeding operation is located shall not affect the validity of the waiver.
D. No liquid swine waste shall be land applied within three hundred (300) feet of an existing public or private drinking water well.
E. Except as provided by Section 20-20 of this title, no concentrated swine feeding operation shall be established if located:
1. Within three (3) miles of a state park or resort;
2. On land within three (3) miles of the incorporated limits of any municipality, unless the municipality's governing body executes a written waiver of the setback for the particular swine feeding operation. A change in ownership of the property on which the animal feeding operation is located shall not affect the validity of the waiver; or
3. Within three (3) miles of the high water mark of a surface public water supply if the concentrated swine feeding operation is located within the drainage basin for the public water supply.
F. All distances between occupied residences and swine feeding operations shall be measured from the closest corner of the walls of the occupied residence to the closest point of the nearest waste facility, as determined by the Department. The property boundary line of the real property is not used unless it coincides with the closest point of the waste facility or occupied residence.
Added by Laws 1997, c. 331, § 17, eff. Sept. 1, 1997. Amended by Laws 1998, c. 404, § 14, emerg. eff. June 10, 1998. Renumbered from § 9-210.1 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 19, eff. Nov. 1, 2007; Laws 2017, c. 90, § 3, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-20. Exemptions applicable to certain operations.

A. The provisions of Section 20-19 of this title relating to setback requirements and the provisions of subsections B and C of Section 20-12 of this title relating to utilization of liners in retention structures or documentation of no hydrologic connection and to a minimum separation of ten (10) feet between the bottom of the retention structure and the maximum groundwater elevation shall not apply to any concentrated swine feeding operation that is licensed by or submitted a substantially completed application on or before September 1, 1997.
B. Any expanding operations shall be in accordance with the Oklahoma Swine Feeding Operations Act and rules promulgated pursuant thereto.
Added by Laws 1997, c. 331, § 18, eff. Sept. 1, 1997. Amended by Laws 1998, c. 404, § 15, eff. Aug. 1, 1998. Renumbered from § 9-210.2 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 20, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-22. Prohibition of new or expanded feeding operations within certain distance upstream of Pensacola Project boundary.

The Oklahoma Department of Agriculture, Food, and Forestry shall not accept or approve any pending applications requesting permits for construction or expansion of any concentrated swine feeding operation to be located within one (1) mile upstream of the Pensacola Project boundary as described in the records of the Grand River Dam Authority and the Federal Emergency Management Agency. Any operation authorized or permitted prior to April 17, 2002, shall not be affected by the provisions of this section.
Added by Laws 2005, c. 292, § 23, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 22, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-23. Exceeding swine animal unit capacity – Criteria - Notice.

A. A concentrated swine feeding operation may exceed its swine animal unit capacity if:
1. A diseased or potentially diseased swine exists at the operation; or
2. A diseased or potentially diseased swine is in the next destination for the production line for the operation; and
3. The owner of the concentrated swine feeding operation has reasonable cause to believe a swine has or may have any disease causing:
a.
a public health emergency,
b.
a substantial and imminent economic hardship to the owner, or
c.
a substantial and imminent threat to the swine population of the state; or
4. The State Board of Agriculture issues an order establishing temporary restrictions, a quarantine, or a quarantine zone restricting the movement of persons, livestock, machinery, and personal property out of a concentrated swine feeding operation.
B. In no case shall a swine animal unit capacity be exceeded for more than five (5) days following a confirmatory test indicating that either the swine is diseased or is not diseased. A confirmatory test shall be performed within twenty (20) days of discovery that a diseased or potentially diseased swine exists at the operation.
C. The owner of a concentrated swine feeding operation shall provide written notification to the Oklahoma Department of Agriculture, Food, and Forestry upon discovery of a diseased or potentially diseased swine pursuant to subsection A of this section that may result in the swine animal unit capacity being exceeded.
D. The notice shall:
1. Identify the concentrated swine feeding operation that may exceed its swine animal unit capacity; and
2. Include an estimate of the number of swine exceeding the swine animal unit capacity at the concentrated swine feeding operation.
Added by Laws 2004, c. 31, § 2, emerg. eff. March 30, 2004. Renumbered from § 20-49 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 23, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-25. Violation points system - Denial, suspension or revocation of license.

A. 1. The State Board of Agriculture is authorized and directed to promulgate a violation points system for violating the Oklahoma Swine Feeding Operations Act which provides greater punishment for violations which are intentional and for violations which pose a greater threat to the environment.
2. The State Board of Agriculture shall have the power to suspend, revoke or not renew the license of any swine feeding operation based on the point system after a hearing, and after an administrative determination that the swine feeding operation has violated or has failed to comply with any of the provisions of the Oklahoma Swine Feeding Operations Act, or any rule promulgated pursuant thereto.
3. The Board shall have the power and duty to reinstate any such suspended or revoked licenses, or renew the licenses, upon a satisfactory and acceptable showing and assurance that the swine feeding operation conducted swine feeding operations in conformity with, and in compliance with, the provisions of the Oklahoma Swine Feeding Operations Act and rules promulgated pursuant thereto, and that conformity and compliance will be continuous.
B. In order to protect the public health and safety and the environment of this state, the Board, pursuant to the Oklahoma Swine Feeding Operations Act, may deny issuance of a license or transfer of a license to establish and operate a swine feeding operation on and after September 1, 1997, to any person or other legal entity which:
1. Is not in substantial compliance with a final agency order or any final order or judgment of a court of record secured by any state or federal agency relating to swine feeding operations; or
2. Has evidenced a reckless disregard for the protection of the public and the environment as demonstrated by a history of noncompliance with environmental laws and rules resulting in endangerment of human health or the environment.
C. Any action taken in regard to the denial, suspension or revocation of a license shall be in conformity with the rules of the Board governing Administrative Procedures and the Administrative Procedures Act.
Added by Laws 1969, c. 116, § 11. Amended by Laws 1997, c. 331, § 19, eff. Sept. 1, 1997; Laws 1998, c. 404, § 17, eff. Aug. 1, 1998. Renumbered from § 9-211 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 24, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-28. Codification.

The Oklahoma Swine Feeding Operations Act shall be enacted as a part of the Agricultural Code and shall be codified accordingly.
Added by Laws 1969, c. 116, § 14. Amended by Laws 1997, c. 331, § 21, eff. Sept. 1, 1997. Renumbered from § 9-214 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 27, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-40. Short title - Purpose.

A. Sections 28 through 50 of this act shall be known and may be cited as the "Oklahoma Concentrated Animal Feeding Operations Act”.
B. The purpose of the Oklahoma Concentrated Animal Feeding Operations Act is to provide for environmentally responsible construction and expansion of animal feeding operations and to protect the safety, welfare and quality of life of persons who live in the vicinity of an animal feeding operation.
Added by Laws 2007, c. 31, § 28, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-42. Rulemaking and employing authority.

The State Board of Agriculture is authorized to promulgate rules for the administration, implementation, and enforcement of the Oklahoma Concentrated Animal Feeding Operations Act. For the performance of its duties and responsibilities, the Board is authorized to employ such personnel and agents as may be required with the funds available.
Added by Laws 2007, c. 31, § 30, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-50. Prevention of hydrologic connection between wastewaters and waters of state.

A. Any hydrologic connection between wastewater and waters of the state outside that authorized by the provisions of the Oklahoma Concentrated Animal Feeding Operations Act shall constitute a discharge to waters of the state.
B. Site-specific conditions shall be considered in the design and construction of liners. Liners for retention structures shall be designed and constructed in accordance with the provisions of this section and generally accepted engineering practices established by rules of the Board or as required by the federal Environmental Protection Agency. Liners for lagoons owned or operated by an animal feeding operation with less than one thousand (1,000) animal units may be designed and constructed pursuant to Technical Note 716 of the United States Department of Agriculture Natural Resources Conservation Service or its current equivalent so long as the facility is designed by the United States Department of Agriculture Natural Resources Conservation Service.
C. 1. When a liner is installed to prevent hydrologic connection, the licensee or the owner shall maintain the liner to inhibit infiltration of wastewaters. Documentation of liner maintenance shall be maintained at the facility.
2. An environmental, agricultural, or other approved professional engineer licensed pursuant to Section 475.12 of Title 59 of the Oklahoma Statutes shall conduct a site evaluation every five (5) years on the retention structure of every concentrated animal feeding operation with such a structure to ensure liner integrity. If the owner or operator suspects that a retention structure is leaking, the owner or operator shall report suspected leakage to the Department.
D. All substances entering the retention structures shall be composed entirely of wastewaters from the proper operation and maintenance of an animal feeding operation and the runoff from the animal feeding operation area. The disposal of any materials, other than substances associated with proper operation and maintenance of the facility into the containment structures, including but not limited to human waste, is prohibited.
E. Documentation, sampling data, and any other records required by this section shall be maintained on site for as long as the facility is in operation. Samples collected during the first year of the retention structure may be considered the baseline data and shall be retained on site as long as the facility is in operation. Baseline data for the facility shall be determined based on the best information available.
Added by Laws 2007, c. 31, § 37, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-51. Irrigation systems.

A. All irrigation systems into which any animal waste will be injected shall be equipped with one or both of the following systems:
1. An antipollution system, approved by the State Board of Agriculture, capable of preventing the backflow of animal waste into the groundwater. The system shall include a safety check valve with a removable inspection port, anti-syphon vent, and low-pressure escape drain. An interlock device shall be installed on pumps that pump the animal waste so that if a fresh water irrigation pump shuts down, the pump that pumps the animal waste will also immediately shut down, preventing the chance of leakage past the check valve; or
2. A system which provides for a complete and total disconnection between the flow of fresh water and the flow of animal waste. The system shall be capable of a manual disconnection between fresh water and the animal waste.
B. The Oklahoma Department of Agriculture, Food, and Forestry shall make annual on-site inspections examining the operative status of the check valves and interlock devices.
C. The operator of the irrigation system shall be responsible to ensure:
1. That the valves and interlock devices remain operative between annual inspections by the Oklahoma Department of Agriculture, Food, and Forestry; or
2. Complete disconnection from fresh water when introducing animal waste into the system.
Added by Laws 2007, c. 31, § 38, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-52. Investigations and inspections.

A. The State Board of Agriculture or its authorized agents are empowered to enter upon the premises of any animal feeding operation for the purpose of investigating complaints as to the operation or to determine whether there are any violations of the Oklahoma Concentrated Animal Feeding Operations Act. The Department shall make at least one unannounced inspection per year of every animal feeding operation licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act.
B. 1. The Board shall promulgate standard precautions for the prevention of the transmission of communicable diseases to humans and animals to be used by employees of the Department of Agriculture, Food, and Forestry when inspecting animal feeding operations pursuant to their official duties specified by the Oklahoma Concentrated Animal Feeding Operations Act and rules promulgated pursuant thereto.
2. Except for emergency situations or when enforcement of the provisions of the Oklahoma Concentrated Animal Feeding Operations Act requires the use of the standard precautions as promulgated by the Board pursuant to paragraph 1 of this subsection, Department employees shall observe the health standards and sanitary requirements of the facility.
C. The Board shall maintain necessary records and undertake such studies, investigations and surveys for the proper administration of the Oklahoma Concentrated Animal Feeding Operations Act.
Added by Laws 2007, c. 31, § 39, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-53. License required for operation - Jurisdiction of Department of Environmental Quality.

A. 1. It shall be unlawful for any person to operate a concentrated animal feeding operation without first obtaining a license from the State Board of Agriculture.
2. The owner or operator of an animal feeding operation not classified as a concentrated animal feeding operation may apply for a license if the owner or operator elects to come under the provisions of the Oklahoma Concentrated Animal Feeding Operations Act and the rules of the State Board of Agriculture.
B. 1. The Department of Environmental Quality shall have environmental jurisdiction over:
a.
commercial manufacturers of fertilizers, grain and feed products, and chemicals, and over manufacturing of food and kindred products, tobacco, paper, lumber, wood, textile mill and other agricultural products,
b.
slaughterhouses, but not including feedlots at these facilities, and
c.
aquaculture and fish hatcheries, including, but not limited to, discharges of pollutants and storm water to waters of the state, surface impoundments and land application of wastes and sludge, and other pollution originating at these facilities.
2. Facilities storing grain, feed, seed, fertilizer, and agricultural chemicals that are required by federal National Pollutant Discharge Elimination System regulations to obtain a permit for storm water discharges shall only be subject to the jurisdiction of the Department of Environmental Quality with respect to storm water discharges.
Added by Laws 2007, c. 31, § 40, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-54. Expiration and renewal of licenses – Fees.

A. Licenses shall expire on June 30 of each year and may be renewed upon payment of the license fee set forth in this section and continued compliance with the provisions of the Oklahoma Concentrated Animal Feeding Operations Act and the rules of the Board.
B. The fees for an animal feeding operations license and annual renewal shall be:
1. Fifteen Dollars ($15.00) for facilities with a capacity of less than two hundred fifty (250) animal units;
2. Thirty-seven Dollars and fifty cents ($37.50) for facilities with a capacity of two hundred fifty (250) to five hundred (500) animal units;
3. Seventy-five Dollars ($75.00) for facilities with a capacity of five hundred one (501) to three thousand (3,000) animal units;
4. One Hundred Fifty Dollars ($150.00) for facilities with a capacity of three thousand one (3,001) to ten thousand (10,000) animal units; or
5. Two Hundred Twenty-five Dollars ($225.00) for facilities with a capacity of more than ten thousand (10,000) animal units.
C. All fees received by the Board for licensure of animal feeding operations pursuant to this section shall be deposited in the State Department of Agriculture Revolving Fund.
Added by Laws 2007, c. 31, § 41, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-56. Duties of owners and operators – Nuisance.

A. In addition to any other requirement of the Oklahoma Concentrated Animal Feeding Operations Act, animal feeding operations owners and operators who are granted an animal feeding operations license shall:
1. Provide adequate veterinarian services for detection, control, and elimination of livestock diseases;
2. Have available for use at all necessary times mechanical means of scraping, cleaning, and grading feed yards premises; and
3. Provide weather resistant aprons adjacent to all permanently affixed feed bunks, water tanks, and feeding devices.
B. 1. Any animal feeding operation licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act, operated in compliance with those standards, and in compliance with the rules promulgated by the Board, shall be deemed to be prima facie evidence that a nuisance does not exist; provided, no animal feeding operation shall be located or operated in violation of any zoning regulations.
2. Any animal feeding operation licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act, operated in compliance with those standards, and in compliance with rules promulgated by the Board, that is located on land more than three (3) miles outside the incorporated limits of any municipality and which is not located within one (1) mile of ten or more occupied residences shall not be deemed a nuisance unless it is shown by a preponderance of the evidence that the operation endangers the health or safety of others.
Added by Laws 2007, c. 31, § 43, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-57. Setback requirements.

A. Except as authorized by this subsection, no liquid animal waste shall be land applied within five hundred (500) feet of the nearest corner of an occupied residence not owned or leased by the owner of the animal feeding operation.
B. Except as provided by Section 20-58 of this title, no concentrated animal feeding operation shall be established after September 1, 1997, which is within one (1) mile of ten or more residences that are occupied residences at the time of the establishment of the concentrated animal feeding operation.
C. The proscription contained in subsections A and B of this section shall not apply if the applicable property owner executes a written waiver with the owner or operator of the animal feeding operation, under the terms and conditions that the parties negotiate. The written waiver becomes effective upon recording of the waiver in the offices of the recorder of deeds in the county where the property is located. The filed waiver shall preclude enforcement of the setback requirements contained in subsections A and B of this section. A change in ownership of the applicable property or change in the ownership of the property on which the animal feeding operation is located shall not affect the validity of the waiver.
D. No liquid animal waste shall be land applied within three hundred (300) feet of an existing public or private drinking water well.
E. Except as provided by Section 20-58 of this title, no concentrated animal feeding operation shall be established after September 1, 1997, which is located:
1. Within three (3) miles of a state park or resort;
2. On land within three (3) miles of the incorporated limits of any municipality, unless the municipality's governing body executes a written waiver of the setback for the particular animal feeding operation. A change in ownership of the property on which the animal feeding operation is located shall not affect the validity of the waiver;
3. Within three (3) miles of the high water mark of a surface public water supply if the concentrated animal feeding operation is located within the drainage basin for the public water supply.
F. All distances between occupied residences and animal feeding operations shall be measured from the closest corner of the walls of the occupied residence to the closest point of the nearest waste facility, as determined by the Oklahoma Department of Agriculture, Food, and Forestry. The property boundary line of the real property is not used unless it coincides with the closest point of the waste facility or occupied residence.
Added by Laws 2007, c. 31, § 44, eff. Nov. 1, 2007. Amended by Laws 2017, c. 215, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-58. Setback requirements - Certain feeding operations exempt.

Animal feeding operations, other than a concentrated animal feeding operation, not licensed pursuant to the provisions of the Oklahoma Feed Yards Act in operation on the effective date of this act shall not be subject to any setback requirements not in effect on the date of past construction.
Added by Laws 2007, c. 31, § 45, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-59. Prohibition of construction of feeding operations within certain distance upstream of Pensacola Project boundary.

The Oklahoma Department of Agriculture, Food, and Forestry shall not accept or approve any pending applications requesting permits for construction of any concentrated animal feeding operation to be located within one (1) mile upstream of the Pensacola Project boundary as described in the records of the Grand River Dam Authority and the Federal Emergency Management Agency. Any operation authorized or permitted prior to April 17, 2002, shall not be affected by the provisions of this section.
Added by Laws 2007, c. 31, § 46, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-60. Exceeding animal unit capacity – Criteria – Notice.

A. A concentrated animal feeding operation may exceed its animal unit capacity if:
1. A diseased or potentially diseased animal exists at the operation; or
2. A diseased or potentially diseased animal is in the next destination for the production line for the operation; and
3. The owner of the concentrated animal feeding operation has reasonable cause to believe an animal has or may have any disease causing:
a.
a public health emergency,
b.
a substantial and imminent economic hardship to the owner, or
c.
a substantial and imminent threat to the animal population of the state, or
4. The State Board of Agriculture issues an order establishing temporary restrictions, a quarantine, or a quarantine zone restricting the movement of persons, livestock, machinery, and personal property out of a concentrated animal feeding operation.
B. In no case shall an animal unit capacity be exceeded for more than five (5) days following a confirmatory test indicating that either the animal is diseased or is not diseased. A confirmatory test shall be performed within twenty (20) days of discovery that a diseased or potentially diseased animal exists at the operation.
C. The owner of a concentrated animal feeding operation shall provide written notification to the Oklahoma Department of Agriculture, Food, and Forestry upon discovery of a diseased or potentially diseased animal pursuant to subsection A of this section that may result in the animal unit capacity being exceeded.
D. The notice shall:
1. Identify the concentrated animal feeding operation that may exceed its animal unit capacity; and
2. Include an estimate of the number of animals exceeding the animal unit capacity at the concentrated animal feeding operation.
Added by Laws 2007, c. 31, § 47, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-61. Violation points system - Denial, suspension or revocation of license.

A. 1. The Board is authorized and directed to promulgate a violation points system for violating the Oklahoma Concentrated Animal Feeding Operations Act which provides greater punishment for violations which are intentional and for violations which pose a greater threat to the environment.
2. The State Board of Agriculture shall have the power to suspend, revoke or not renew the license of any animal feeding operation based on the point system after a hearing, and after an administrative determination that the animal feeding operation has violated or has failed to comply with any of the provisions of the Oklahoma Concentrated Animal Feeding Operations Act, or any rule promulgated pursuant thereto.
3. The Board shall have the power and duty to reinstate any such suspended or revoked licenses, or renew the licenses, upon a satisfactory and acceptable showing and assurance that the animal feeding operation conducted animal feeding operations in conformity with, and in compliance with, the provisions of the Oklahoma Concentrated Animal Feeding Operations Act and rules promulgated pursuant thereto, and that such conformity and compliance will be continuous.
B. In order to protect the public health and safety and the environment of this state, the Board, pursuant to the Oklahoma Concentrated Animal Feeding Operations Act, may deny issuance of a license or transfer of a license to establish and operate an animal feeding operation on and after September 1, 1997, to any person or other legal entity which:
1. Is not in substantial compliance with a final agency order or any final order or judgment of a court of record secured by any state or federal agency relating to animal feeding operations; or
2. Has evidenced a reckless disregard for the protection of the public and the environment as demonstrated by a history of noncompliance with environmental laws and rules resulting in endangerment of human health or the environment.
C. Any action taken in regard to the denial, suspension or revocation of a license shall be in conformity with the rules of the Board governing Administrative Procedures and the Administrative Procedures Act.
Added by Laws 2007, c. 31, § 48, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-63. Poultry-laying operations.

A. Due to the inherently unique nature of poultry-laying operations, and the increased propensity for vector propagation at such facilities, poultry-laying operations licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act, shall be conducted only in a manner as prescribed by the State Department of Agriculture by rule promulgated pursuant to this section and the Oklahoma Concentrated Animal Feeding Operations Act.
B. If three valid complaints are received by the Department against a poultry-laying operation, licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act, within a period of sixty (60) days, the Oklahoma Department of Agriculture, Food, and Forestry, upon inspection and verification of the complaint, shall declare that an emergency exists.
C. Whenever the Department finds that an emergency exists requiring immediate action to protect the public health or welfare or the environment pursuant to this subsection, the Department may without notice or hearing issue an order, effective upon issuance, reciting the existence of such an emergency and requiring that such action be taken as deemed necessary to meet the emergency. Any person to whom such an order is directed shall comply therewith immediately but may request an administrative enforcement hearing thereon within fifteen (15) days after the order is served. The hearing shall be held by the Department within ten (10) days after receipt of the request. On the basis of the hearing record, the Department shall sustain or modify such order.
D. If, at the hearing, it is determined that the operator is in violation of the provisions of this section and rules promulgated pursuant thereto, in addition to other administrative penalties authorized by law, the Department may order that the operator be prohibited from land applying waste for one hundred sixty (160) days after determination that the facility is in violation.
E. Any party aggrieved by a final order may petition the Department for rehearing, reopening or reconsideration within ten (10) days from the date of the entry of the final order. Any party aggrieved by a final order, including the Attorney General on behalf of the state, may, pursuant to the Administrative Procedures Act, petition for a judicial review thereof.
F. The provisions of this section may be enforced pursuant to the provisions of Section 49 of this act.
Added by Laws 1998, c. 404, § 19, emerg. eff. June 10, 1998. Amended by Laws 1999, c. 231, § 2, emerg. eff. May 26, 1999. Renumbered from § 9-212.1 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 26, eff. Nov. 1, 2007. Renumbered from § 20-27 of this title by Laws 2007, c. 31, § 51, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-21.2. Pack-date and expiration date - Regrading and repacking.

(a) A pack-date may be in a three-digit julian date or a calendar date.
(b) If an expiration date is used on the container, the date shall be preceded by EXP.
(c) Eggs removed from sale as a result of the expiration date on the container may be regraded and repacked if such eggs comply with grade standards.
Laws 1959, p. 5, § 1.
2023 Oklahoma Statutes › Title 2. Agriculture › §21-1111. Rape defined.

A. Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:
1. Where the victim is under sixteen (16) years of age; or
2. Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent; or
3. Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person; or
4. Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; or
5. Where the victim is at the time unconscious of the nature of the act and this is known to the accused; or
6. Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape; or
7. Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim.
B. Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person.
R.L. 1910, § 2414. Amended by Laws 1981, c. 325, § 1; Laws 1983, c. 41, § 1, eff. Nov. 1, 1983; Laws 1984, c. 134, § 1, eff. Nov. 1, 1984; Laws 1990, c. 224, § 2, eff. Sept. 1, 1990; Laws 1993, c. 62, § 1, eff. Sept. 1, 1993; Laws 1995, c. 22, § 1, eff. Nov. 1, 1995; Laws 1999, c. 309, § 2, eff. Nov. 1, 1999; Laws 2001, c. 51, § 4, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-1301-208. Renumbered as Section 16-28 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.

NOTE: §2-1301-208, as amended by Laws 2001, c. 208, § 4, was repealed by Laws 2007, c. 195, § 10, emerg. eff. May 31, 2007.