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2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.13. Short title - Oklahoma Poultry Waste Transfer Act - Purpose.

A. Sections 10-9.13 through 10-9.15 of this title shall be known and may be cited as the "Oklahoma Poultry Waste Transfer Act". The purpose of this act shall be to encourage the transfer of poultry waste out of designated nutrient-limited watersheds and nutrient-vulnerable groundwater as designated in the most recent Oklahoma Water Quality Standards.
B. The Oklahoma Department of Agriculture, Food, and Forestry shall develop a plan to encourage the transfer of poultry waste out of designated nutrient-limited watersheds and nutrient-vulnerable groundwater as designated by the most recent Oklahoma Water Quality Standards.
Added by Laws 1998, c. 232, § 13, eff. July 1, 1998. Amended by Laws 2015, c. 313, § 11, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.14. Poultry Waste Transfer Fund.

A. There is hereby created in the State Treasury a fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated as the Poultry Waste Transfer Fund. The fund shall be a continuing fund not subject to fiscal year limitations and shall consist of:
1. All monies received by the Department for implementing the purpose of the provisions of the Oklahoma Poultry Waste Transfer Act;
2. Interest attributable to investment of money in the Poultry Waste Transfer Fund; and
3. Money received by the Department in the form of gifts, grants, reimbursements, or from any other source intended to be used for the purposes specified by or collected pursuant to the provisions of the Poultry Waste Transfer Fund.
B. The monies deposited in the Poultry Waste Transfer Fund shall at no time become monies of the state and shall not become part of the general budget of the Department or any other state agency. Except as provided for in this section, no monies from the Poultry Waste Transfer Fund shall be transferred for any purpose to any other state agency or any account of the Department or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense.
Added by Laws 1998, c. 232, § 14, eff. July 1, 1998. Amended by Laws 2015, c. 313, § 12, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.16. Short title - Oklahoma Poultry Waste Applicators Certification Act.

Sections 10-9.16 through 10-9.21 of this title shall be known and may cited as the "Oklahoma Poultry Waste Applicators Certification Act".
Added by Laws 1998, c. 232, § 16, eff. July 1, 1998. Amended by Laws 2015, c. 313, § 13, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.17. Applicator's certificates - Application - Renewal - Violation - Fees.

A. It shall be unlawful and a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00) for any person to act, operate, or do business or advertise as a commercial poultry waste applicator or to land-apply poultry waste as a private poultry waste applicator unless such person has obtained a valid applicator's certificate issued by the State Board of Agriculture.
B. Applicator's certificates shall be issued by the Board, to applicants who qualify under the provisions of the Oklahoma Poultry Waste Applicators Certification Act.
C. Certificates shall be issued only upon application therefor to the Board on a form of application prescribed by the Board. The application shall contain information regarding the applicant's qualifications and proposed operations and such other information as may be specified by the Board.
D. A certificate shall be issued only after satisfactory completion of such certification standards as determined by the Board.
E. 1. All commercial applicator certificates shall expire on the thirty-first day of December following their issuance or renewal, and may be renewed for the ensuing calendar year, without penalty, if a properly completed application is filed with the Board not later than the first day of January of each year. A registration fee of Fifteen Dollars ($15.00) shall accompany every initial application for certification. A renewal fee of Fifteen Dollars ($15.00) shall accompany every renewal application.
2. All private applicator certificates shall be in effect for five (5) years and may be renewed by application. A registration fee of Fifteen Dollars ($15.00) shall accompany every initial application for certification. A renewal fee of Fifteen Dollars ($15.00) shall accompany every renewal application. The Fifteen Dollar ($15.00) registration and renewal fee shall be waived if the private applicator is also registered pursuant to the Oklahoma Registered Poultry Feeding Operations Act.
3. All such fees shall be deposited in the Agriculture Regulation Revolving Fund to be used for the purpose of implementing the provisions of the Oklahoma Registered Poultry Feeding Operations Act and the Oklahoma Poultry Waste Applicators Certification Act.
F. Any person issued an applicator's certificate shall comply with the education provisions of subsection F of Section 10-9.5 of this title.
Added by Laws 1998, c. 232, § 17, eff. July 1, 1998. Amended by Laws 2000, c. 367, § 126, emerg. eff. June 6, 2000; Laws 2011, c. 55, § 2, eff. Jan. 1, 2012; Laws 2015, c. 313, § 14, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.18. Report regarding all poultry waste land-applied.

A. Every certified poultry waste applicator shall file by September 1 of each year an annual report with the Oklahoma Department of Agriculture, Food, and Forestry regarding all poultry waste land-applied by such applicator for the period from July 1 of the previous year through June 30 of that year. The report shall contain the following information:
1. The legal description and county where the poultry waste was produced;
2. The legal description and county where the poultry waste was land-applied;
3. Date of each application;
4. Total and per-acre amount of each application;
5. Name, address, and telephone number of the person for whom poultry waste was applied;
6. The most recent soil test results obtained; and
7. Such other information as may be required by the State Board of Agriculture.
B. The Department shall make available forms to be used in making such report.
C. Applicators who seek to obtain a renewal certificate shall submit the report with their application for renewal. No renewal certificate may be issued without submission of this report.
Added by Laws 1998, c. 232, § 18, eff. July 1, 1998. Amended by Laws 2015, c. 313, § 15, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.19. Land application of poultry waste - Tests – Rate - Rules.

1. Prior to any land application of poultry waste by a certified poultry waste applicator, the applicator shall obtain the most recent soil and poultry waste tests as required by the Oklahoma Poultry Waste Applicators Certification Act.
2. Land application of poultry waste in a non-nutrient-limited watershed and non-nutrient-vulnerable groundwaters shall not be made at any rate which exceeds the Department's promulgated standards for land application of poultry waste.
3. The Oklahoma Department of Agriculture, Food, and Forestry may promulgate rules pursuant to the Administrative Procedures Act which will prohibit the land application of poultry waste in nutrient-limited watersheds and nutrient-vulnerable groundwaters based upon lower soil phosphorous levels than are allowed in this section for non-nutrient-limited watersheds and non-nutrient-vulnerable groundwaters.
Added by Laws 1998, c. 232, § 19, eff. July 1, 1998. Amended by Laws 2000, c. 367, § 127, emerg. eff. June 6, 2000; Laws 2015, c. 313, § 16, eff. July 1, 2015; Laws 2022, c. 239, § 2, emerg. eff. May 11, 2022.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.19a. Land application of poultry waste – Compliance with animal waste management and conservation plans.

Land application of poultry waste, whether performed by a private or commercial poultry waste applicator, shall comply at all times with the provisions set forth in:
1. The Nutrient Management Plan, if application is conducted on land operated by a registered poultry feeding operation; and
2. The Conservation Plan, if application is conducted on land operated by entities not regulated pursuant to the Oklahoma Registered Poultry Feeding Operations Act and is located in a nutrient-limited watershed.
Added by Laws 2002, c. 65, § 2. Amended by Laws 2015, c. 313, § 17, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.20. Administration and enforcement of act - Rules and standards - Reciprocal agreements - Test samples.

A. The Oklahoma Department of Agriculture, Food, and Forestry shall administer and enforce the provisions of the Oklahoma Poultry Waste Applicators Certification Act and shall promulgate rules and standards for the application of poultry waste, work performance, the certification of applicators of poultry waste, recertification of applicators, procedures, and best management practices.
B. The State Board of Agriculture shall have the authority to negotiate reciprocal agreements with the federal government or any state, or any department or agency of either for the purpose of fulfilling the intent of the Oklahoma Poultry Waste Applicators Certification Act.
C. The Department may take samples of poultry waste and soil at application sites in order to determine their concentration. The work of each applicator may be inspected at the application site of each applicator to determine whether or not the work is performed according to the provisions of the Oklahoma Poultry Waste Applicators Certification Act.
Added by Laws 1998, c. 232, § 20, eff. July 1, 1998. Amended by Laws 2015, c. 313, § 18, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.21. Suspension, cancellation, denial or revocation of certificate.

A. Any certificate issued pursuant to the Oklahoma Poultry Waste Applicators Certification Act may be suspended, canceled, denied, or revoked by the Oklahoma Department of Agriculture, Food, and Forestry after notice and an opportunity to be heard has been given to the holder of the certificate.
B. Suspension, cancellation, denial or revocation of a certificate may be made if the Department finds the holder of the certificate:
1. Has used methods of poultry waste not suitable or safe for the land-application site for which they shall have been employed;
2. Has failed or refused to furnish the Oklahoma Department of Agriculture, Food, and Forestry, upon request, true information regarding methods and safety measures used, work performed, or other information deemed essential by the Department, or has made any false statement or representation in such person's application for issuance or renewal of a certificate;
3. Has violated any state law, rule, or standard prescribed or order issued by the State Board of Agriculture;
4. Has failed or refused to file annual reports as specified in the Oklahoma Poultry Waste Applicators Certification Act;
5. Has failed to perform work according to minimum standards authorized by the Oklahoma Poultry Waste Applicators Certification Act;
6. Has acted, operated, done business, or advertised as a commercial applicator without having obtained a valid certificate issued by the Department;
7. Has acted or operated as a private applicator without having obtained a valid private poultry waste applicator certificate issued by the Department;
8. Has not complied with the education provisions of subsection F of Section 10-9.5 of this title; or
9. Has been convicted in any court of a violation of the Oklahoma Poultry Waste Applicators Certification Act.
Added by Laws 1998, c. 232, § 21, eff. July 1, 1998. Amended by Laws 2000, c. 367, § 128, emerg. eff. June 6, 2000; Laws 2011, c. 55, § 3, eff. Jan. 1, 2012; Laws 2015, c. 313, § 19, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.23. Report of educational activities - Evaluation of effectiveness of curriculum.

The Oklahoma Cooperative Extension Service shall provide to the Secretary of the Environment no later than January 31 of each year a written report of their educational activities involving poultry operators and waste applicators pursuant to this act. This report shall include, but not be limited to:
1. The number of operators and applicators enrolled in courses required in the first year listed by county;
2. The number of operators successfully completing such courses listed by county;
3. The number of operators and applicators enrolled in courses required in subsequent years listed by county; and
4. The number of operators successfully completing such courses listed by county.
The Secretary of the Environment shall use the data provided in this report along with water quality monitoring and other environmental data to evaluate the effectiveness of the curriculum offered. The Secretary shall work in conjunction with the Oklahoma Cooperative Extension Service to correct any course deficiencies identified in the evaluation.
Added by Laws 1998, c. 232, § 23, eff. July 1, 1998. Amended by Laws 2015, c. 313, § 20, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-9.24. Agriculture Regulation Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated the "Agriculture Regulation Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fees and fines assessed on concentrated animal feeding operations, registered poultry feeding operations, and any other monies deposited in this fund pursuant to law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Agriculture, Food, and Forestry for the regulation, enforcement, and administration of the Oklahoma Department of Agriculture, Food, and Forestry Water Quality Division. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1998, c. 232, § 24, eff. July 1, 1998. Amended by Laws 2012, c. 304, § 9.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-10.2. Definitions.

As used in the Eucha-Spavinaw Management Act:
1. “Animal waste management plan” or “AWMP” means a written plan that includes a combination of conservation and management practices designed to protect the natural resources of the state as required by the Oklahoma Department of Agriculture, Food, and Forestry pursuant to the provisions of Section 10-9.7 of Title 2 of the Oklahoma Statutes;
2. “Application site” means any tract of land in the Eucha-Spavinaw Watershed where poultry waste is land applied;
3. “Board” means the State Board of Agriculture;
4. “City of Tulsa Case” means the federal court proceeding Case No. 01 CV0900EA(C), filed in the United States District Court for the Northern District of Oklahoma in December, 2001;
5. “Department” means the Oklahoma Department of Agriculture, Food, and Forestry;
6. “Eucha-Spavinaw phosphorous index (PI)” means the phosphorus assessment tool adopted by the court in the City of Tulsa Case by court order entered on February 13, 2004, developed to govern the terms and conditions under which litter may be land applied in the Eucha-Spavinaw Watershed, and includes any modifications approved and adopted by the court in that case, or as approved and adopted by the Board in accordance with its rule-making procedures. Provided however, the Board shall not amend the PI to make it less protective of the waters of the state than the PI adopted by the court in the City of Tulsa Case;
7. “Eucha-Spavinaw Watershed” means the watershed for Lakes Eucha and Spavinaw located in Delaware County and Mayes County, Oklahoma, as further defined by Hydrologic Unit Code (HUC) 11070206 as compiled by the United States Geological Survey, Natural Resources Conservation Services;
8. "Land application" means the spreading on, or the incorporation into, the soil mantle primarily for beneficial purposes;
9. “Poultry Act” means the Oklahoma Registered Poultry Feeding Operations Act, the Oklahoma Poultry Waste Transfer Act, and the Oklahoma Poultry Waste Applicators Certification Act, either separately or collectively;
10. “Poultry waste” means poultry excrement, poultry carcasses, feed wastes, or any other waste associated with the confinement of poultry from a poultry feeding operation; and
11. “Settlement Agreement” means the settlement agreement dated July 16, 2003, between the parties in the City of Tulsa Case.
Added by Laws 2007, c. 251, § 2, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-10.3. Purpose - Application - Construction.

A. It shall be the purpose of the Eucha-Spavinaw Management Act to preserve and promote the purposes and agreements of the parties set forth in the Settlement Agreement with regard to the Eucha-Spavinaw Watershed. Provided, nothing in this act is intended or shall be construed as an amendment to the Settlement Agreement or the rights and duties granted the parties therein.
B. The Eucha-Spavinaw Management Act shall apply to all persons utilizing poultry waste for land application purposes in the Eucha-Spavinaw Watershed and shall only apply to the Eucha-Spavinaw Watershed.
C. The Eucha-Spavinaw Management Act shall be construed in harmony with the purpose, intent and provisions of all other applicable state or federal laws, rules and regulations that preserve and protect the waters of the state, public health and safety and the environment including, but not limited to, Title 2 and Title 27A of the Oklahoma Statutes.
Added by Laws 2007, c. 251, § 3, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-10.4. Administration by Board of Agriculture - Board authorized to accept gifts.

A. The Eucha-Spavinaw Management Act shall be administered and enforced by the State Board of Agriculture and the Oklahoma Department of Agriculture, Food, and Forestry pursuant to the Poultry Act.
B. In addition to any legislative appropriation allocated to the Board or Department for normal operations and duties, the Board or Department is hereby authorized to accept any gift or donation of property, including but not limited to monetary gifts, to carry out the provisions of the Eucha-Spavinaw Management Act.
Added by Laws 2007, c. 251, § 4, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-10.5. Land application rate - Soil and waste testing.

A. The land application rate for all poultry waste in the Eucha-Spavinaw Watershed shall be specified in the animal waste management plan and shall follow the requirements and limitations of the applicable Eucha-Spavinaw phosphorous index (PI).
B. Soil testing and poultry waste testing shall be performed in the Eucha-Spavinaw Watershed in the manner and frequency prescribed in the Poultry Act for nutrient-limited watersheds and the records shall be maintained as prescribed in the Poultry Act.
Added by Laws 2007, c. 251, § 5, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-21. State Poultry Show - Expenses - Two divisions.

There is hereby established in the State of Oklahoma a State Poultry Show, which shall be held annually under the supervision of the Oklahoma State Poultry Federation. The show shall be held each year at a central point in the State of Oklahoma designated by the Oklahoma State Poultry Federation. Expenses may be paid from any funds that have been made available for that purpose to the State Department of Agriculture or the State Board of Agriculture on claims approved by the Board. The State Poultry Show shall be divided into two divisions:
1. Adult or Open Division. Any person raising poultry may exhibit in the Division. Entry fees and premiums shall be fixed by the Board in cooperation and after consultation with the Oklahoma State Poultry Federation or its representatives. Nonresident exhibitor premiums shall be paid from entry fees collected by the Oklahoma State Poultry Federation; and
2. Junior Division. An exhibitor in the division shall be a boy or girl between the ages of nine (9) and nineteen (19) years. Participation in the Junior Divisions of all contests in school district, county, and state poultry and egg shows shall be limited to specimens of poultry and eggs actually produced and raised by school children of that district, county, and the state, respectively.
Added by Laws 1955, p. 93, art. 10(B), § 1. Amended by Laws 1994, c. 126, § 1, emerg. eff. May 2, 1994; Laws 2000, c. 367, § 129, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-23. County poultry show - Funds.

The board of county commissioners of each county in the state may include in its annual estimate of needs a sum of not less than Two Hundred Fifty Dollars ($250.00) for a county poultry show, which may be placed in a separate fund to be known as the "county poultry show fund". The county excise board shall make a sufficient appropriation and levy for such purpose. The county poultry show fund shall be used in holding an annual county poultry show. The show shall be held by the county branch of the Oklahoma State Poultry Federation. All expenditures from the fund shall be approved by the board of county commissioners.
Added by Laws 1955, p. 94, art. 10(B), § 3. Amended by Laws 1994, c. 126, § 2, emerg. eff. May 2, 1994; Laws 2000, c. 367, § 130, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-25. Premiums and expenses.

At least sixty percent (60%) of any amount made available for the state show or any county show shall be used to pay premiums and to defray expenses for the junior division of the show. The remainder shall be used to pay premiums and to defray expenses for the adult or open division.
Added by Laws 1955, p. 94, art. 10(B), § 5. Amended by Laws 2000, c. 367, § 131, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-26. State-wide broiler show.

In order to promote greater interest in the production of high quality broilers in the State of Oklahoma, particularly among the junior members of farm organizations, including the FFA and 4-H Clubs, there is established in the State of Oklahoma an annual state-wide broiler show. The show shall be organized and operated in cooperation with various recognized associations within the State of Oklahoma by the State Board of Agriculture.
Added by Laws 1957, p. 10, § 1. Amended by Laws 1994, c. 126, § 3, emerg. eff. May 2, 1994; Laws 2000, c. 367, § 132, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-27. Time and place – Rules - Premiums.

The State Board of Agriculture is authorized to designate the exact time and place where the state-wide broiler show shall be held and make rules governing the operation of the show and the fixing of premiums to be paid to various exhibitors.
Added by Laws 1957, p. 10, § 2. Amended by Laws 2000, c. 367, § 133, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-28. Fees.

A fee not to exceed Two Dollars ($2.00) per entry at each broiler show may be charged to all exhibitors. Exhibitors under the age of eighteen (18) shall be permitted to exhibit without payment.
Added by Laws 1957, p. 10, § 3. Amended by Laws 2000, c. 367, § 134, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-30. Premiums to junior exhibitors.

A maximum of eighty-five percent (85%) of the funds appropriated for the state-wide broiler show shall be used to pay premiums to junior exhibitors.
Added by Laws 1957, p. 11, § 5. Amended by Laws 2000, c. 367, § 135, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-71. Definitions.

As used in this subarticle:
1. “Ambient temperature” means the atmospheric temperature surrounding or encircling shell eggs;
2. “Case” means thirty (30) dozen eggs or any container designed to hold thirty (30) dozen eggs;
3. “Consumer” means any person using eggs for food and including, but not limited to, restaurants, hotels, cafeterias, hospitals, state institutions, or any other establishment serving food to be consumed on the premises. The term “consumer” shall not include the armed forces or any other federal agency or institution where federal egg grade certificates are issued;
4. “Container” means any receptacle or packaging in which eggs are dispensed to consumers;
5. “Dealer” means any person engaged in the wholesale marketing of eggs. A dealer may also sell eggs to the consumer but shall not be considered a retailer;
6. “Eggs” means raw eggs in the shell that are the product of the domesticated chicken or egg products manufactured from raw eggs and intended for human consumption;
7. “Expiration date” means the date the eggs are to be removed from sale;
8. “Pack-date” means the date that the eggs were placed in the container;
9. “Packer” means any person who grades or packs eggs for sale to dealers, retailers, or consumers within the state. A packer may sell eggs to consumers but shall not be considered a dealer;
10. “Processor” means any person who operates a plant for the purpose of breaking or boiling eggs for liquid, freezing, drying, or commercial food manufacturing; and
11. “Retailer” means any person who sells eggs to a consumer.
Added by Laws 1957, p. 6, § 1. Amended by Laws 1985, c. 74, § 1, emerg. eff. May 20, 1985; Laws 1998, c. 272, § 1, eff. Nov. 1, 1998; Laws 2000, c. 243, § 41, emerg. eff. May 24, 2000. Renumbered from § 5-21 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-72. Pack-date and expiration date.

A. A pack-date may be in a three-digit Julian date or a calendar date.
B. An expiration date shall be used on the container, the date shall be preceded by “EXP”, “sell by”, or “use through”.
Added by Laws 1985, c. 74, § 2, emerg. eff. May 20, 1985. Amended by Laws 1998, c. 272, § 2, eff. Nov. 1, 1998; Laws 2000, c. 243, § 42, emerg. eff. May 24, 2000. Renumbered from § 5-21.1 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000. Amended by Laws 2002, c. 173, § 8, emerg. eff. May 6, 2002.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-72.1. Shell eggs not processed to destroy salmonellae – Safe handling instruction.

Shell eggs that have not been specifically processed to destroy all live salmonellae before distribution to the consumer shall require that the retail establishments include the following safe handling statement on the label of the shell egg container:
SAFE HANDLING INSTRUCTION: To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yolks are firm and cook foods containing eggs thoroughly.
Added by Laws 2002, c. 173, § 9, emerg. eff. May 6, 2002.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-73. Refrigeration.

A. Eggs at the retail level shall be refrigerated at an ambient temperature of forty-five degrees (45°) Fahrenheit or lower. Eggs shall not be allowed to freeze.
B. Eggs stored at the packer's facility that are intended for sale to the consumer shall be held at a temperature in accordance with the USDA standards.
C. Except as provided in this section, eggs intended for sale to the consumer shall be stored and transported under refrigeration at an ambient temperature of forty-five degrees (45°) Fahrenheit or lower. All containers of shell eggs packed for the purpose of resale to the consumer are to be labeled with the following statement: “Keep refrigerated at or below 45 degrees Fahrenheit”. This should be done at time of grading.
D. 1. Eggs being transported or held at retail or dealer locations without proper refrigeration may be destroyed or shipped to an egg processor.
2. Destruction or shipment of eggs as required by this subsection shall be under the supervision of an authorized agent of the Board.
3. Packers shall not be responsible for the interior quality of eggs if all handling procedures in this section are not followed by all parties after the sale of the eggs by the packer.
E. At retail locations a sign furnished by the Oklahoma Department of Agriculture, Food, and Forestry stating the proper procedure for storage and handling of eggs shall be permanently displayed at a location easily seen by egg-handling employees.
Added by Laws 1998, c. 272, § 3, eff. Nov. 1, 1998. Amended by Laws 2000, c. 243, § 43, emerg. eff. May 24, 2000. Renumbered from § 5-21.2 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000. Amended by Laws 2002, c. 173, § 10, emerg. eff. May 6, 2002.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-74. Application of subarticle.

The provisions of this subarticle shall apply only to eggs bought or sold for human food or consumption by humans.
Added by Laws 1957, p. 6, § 2. Amended by Laws 2000, c. 243, § 44, emerg. eff. May 24, 2000. Renumbered from § 5-22 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-75. Standards.

A. The United States Department of Agriculture egg standards of size and quality shall be used as minimum standards for the State of Oklahoma.
B. Standards for egg products shall be the “Egg Products Inspection Act” (P.L. 91-597, 84 Stat. 1620 et seq.) including all amendments thereto.
Added by Laws 1957, p. 6, § 3. Amended by Laws 1965, c. 454, § 1; Laws 1998, c. 272, § 4, eff. Nov. 1, 1998; Laws 2000, c. 243, § 45, emerg. eff. May 24, 2000. Renumbered from § 5-23 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-76. Methods of grading.

All grading shall be performed as prescribed by the State Board of Agriculture.
Added by Laws 1957, p. 6, § 4. Amended by Laws 2000, c. 243, § 46, emerg. eff. May 24, 2000. Renumbered from § 5-24 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-78. Sale of eggs produced on farm directly to consumer not prohibited.

A. Oklahoma producers of eggs selling ungraded eggs from their own flock production are exempt from this subarticle. Nothing in this subarticle shall prohibit the sale of eggs produced on the farm and sold direct to the consumer. Eggs sold under this section shall be produced by hens maintained on the farm from which the eggs are sold.
B. A producer may sell graded eggs if in compliance with this subarticle.
Added by Laws 1961, p. 5, § 2. Amended by Laws 2000, c. 243, § 48, emerg. eff. May 24, 2000. Renumbered from § 5-25.1 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-79. Enforcement of subarticle.

A. The State Board of Agriculture and authorized agents shall enforce the provisions of this subarticle. The Board shall promulgate the necessary rules to carry out the provisions of this subarticle.
B. Any authorized agent of the Board may enter any place of business within the state where any eggs are bought, sold, graded, or held and may take for inspection purposes samples of eggs and egg containers.
C. Any authorized agent of the Board may seize and hold as evidence any eggs displayed or offered for sale in violation of any provisions of this subarticle.
Added by Laws 1957, p. 7, § 6. Amended by Laws 1998, c. 272, § 6, eff. Nov. 1, 1998; Laws 2000, c. 243, § 49, emerg. eff. May 24, 2000. Renumbered from § 5-26 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-80. Samples of lots or containers.

The State Board of Agriculture shall establish methods for selecting samples which are representative of entire lots or containers of eggs. Any sample inspected or official certificate of the grade and size of the eggs by the Board shall be prima facie evidence of the correct grade, size, and condition of the entire lot.
Added by Laws 1957, p. 7, § 7. Amended by Laws 2000, c. 243, § 50, emerg. eff. May 24, 2000. Renumbered from § 5-27 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-91. Definitions.

As used in this subarticle:
1. "Consumer" means any person using poultry for food, and shall include restaurants, hotels, cafeterias, hospitals, state institutions, and/or any other establishment serving food to be consumed on the premises;
2. "Federal inspection" means the poultry inspection service conducted by the poultry inspection branch of the United States Department of Agriculture;
3. "Fowl" means chickens, turkeys, ducks, geese, and any other domesticated birds used for human food;
4. "Poultry" means domesticated raw fowl;
5. "Poultry products" means the carcasses or parts of carcasses of poultry produced entirely or in substantial part from poultry;
6. "Reclassified" means the reprocessing of poultry in which poultry is cut into parts and parts are graded;
7. "State inspection" means the poultry inspection service conducted by the Oklahoma State Board of Agriculture; and
8. "Wholesome" means sound, healthful, clean, and fit for human food.
Added by Laws 1961, p. 7, § 1. Amended by Laws 2001, c. 146, § 1, emerg. eff. April 30, 2001. Renumbered from § 738.1 of this title by Laws 2001, c. 146, § 246, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-92. Stating of grade in advertising.

When advertising poultry or poultry products and using the words "inspected", "inspected for wholesomeness", "USDA inspected", "state inspected", or any other term that suggests or implies the product has been inspected, and a price is stated, the correct grade also shall be stated as grade A, B, or C.
Added by Laws 1961, p. 8, § 2. Amended by Laws 2001, c. 146, § 2, emerg. eff. April 30, 2001. Renumbered from § 738.2 of this title by Laws 2001, c. 146, § 246, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-10-93. Maintaining of grade identity until purchase.

Poultry that has been graded shall maintain its grade identity until purchased by the consumer.
Added by Laws 1961, p. 8, § 3. Amended by Laws 2001, c. 146, § 3, emerg. eff. April 30, 2001. Renumbered from § 738.3 of this title by Laws 2001, c. 146, § 246, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-1. Violations.

Any person shall be civilly liable to the State Board of Agriculture for all fines, fees, and charges if that person:
1. Fails, refuses, or neglects to pay any fee or charge that is required or authorized by the provisions of the Oklahoma Agricultural Code;
2. Fails, refuses, or neglects to obtain a license, permit, charter, or registration as provided, authorized, or required by the Oklahoma Agricultural Code;
3. Performs any act requiring a license, permit, charter, registration, or payment of a fee or charge without first obtaining a license, permit, charter, registration, or payment of a fee or charge; or
4. Violates any provision of the Oklahoma Agricultural Code or rules promulgated thereto.
Added by Laws 1955, p. 96, art. 11, § 1. Amended by Laws 1987, c. 132, § 1, emerg. eff. June 3, 1987; Laws 1999, c. 231, § 3, emerg. eff. May 26, 1999; Laws 2000, c. 243, § 111, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-2. Ungraded agricultural products - Misleading practices - Penalty.

It shall be unlawful to sell, offer for sale, or advertise any agricultural product using any word, figure, number, or term which pertains to grade, quality, condition, quantity, or size, including No. 1, Fancy, Choice, Select, A, Large, Size A, or any other word, figure, number, or term which in any manner implies or suggests that the product involved has been officially graded unless the product has actually been officially graded, sized, or measured under state or federal regulations or sized or measured in accordance with the requirements of the State Board of Agriculture or federal regulations.
Added by Laws 1955, p. 96, art. 11, § 2. Amended by Laws 1959, p. 3, § 2; Laws 1961, p. 8, § 1; Laws 1965, c. 278, § 1; Laws 2000, c. 243, § 112, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-6. Licenses, permits or certificates issued under repealed sections.

Any license, permit, or certificate of registration issued under a statute that is repealed or superseded and has not expired shall be valid for the period for which the license, permit, or certificate was issued under the repealed or superseded statute if required for the same purpose by the Oklahoma Agricultural Code. However, all holders of the licenses, permits, and certificates of registration shall comply with the terms and provisions of this Code upon expiration of the licenses, permits, and certificates of registration.
Added by Laws 1955, p. 97, art. 11, § 6. Amended by Laws 2000, c. 243, § 113, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-10. Tampering or attempting to tamper with anhydrous ammonia pipeline, equipment, container or storage device – Penalties - Theft or attempted theft of anhydrous ammonia - Civil action for injury resulting from illegal conduct barred.

A. 1. Except for necessary repairs to anhydrous ammonia equipment conducted by a registered distributor, supplier, dealer, or the owner of the equipment or designee of the owner, it shall be unlawful for any person to tamper with or attempt to tamper with any anhydrous ammonia pipeline, equipment, container, or storage device.
2. Any person violating this provision shall, upon conviction thereof, be guilty of a felony punishable by imprisonment in the State Penitentiary for a term not exceeding five (5) years, by a fine of not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
B. Theft or attempted theft of any amount of anhydrous ammonia shall be a felony punishable, upon conviction thereof, by imprisonment for not less than two (2) years nor more than ten (10) years in the State Penitentiary, by a fine not exceeding Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment.
C. Any person who commits or attempts theft of anhydrous ammonia or who unlawfully tampers with or attempts to unlawfully tamper with any anhydrous ammonia pipeline, equipment, container, or storage device, and as a result of unlawful conduct is injured shall be barred from commencing any civil action against the following persons:
1. Any owners of anhydrous ammonia or anhydrous ammonia pipeline, equipment, containers, or storage devices;
2. Any persons responsible for the installation, repair, or operation of anhydrous ammonia pipeline, equipment, containers, or storage devices;
3. Any person lawfully selling, transporting, transferring, or delivering anhydrous ammonia or anhydrous ammonia equipment, containers, or storage devices;
4. Any persons purchasing or storing anhydrous ammonia for agricultural purposes; or
5. Any persons operating anhydrous ammonia equipment or pipeline or using anhydrous ammonia for agricultural purposes.
D. For purposes of this section, “tampering” means any unauthorized adjustment, opening, removal, transfer, alteration, change, or interference with any part of the anhydrous ammonia pipeline, equipment, container, or storage device.
Added by Laws 2000, c. 265, § 2, emerg. eff. June 1, 2000. Amended by Laws 2001, c. 146, § 92, emerg. eff. April 30, 2001. Renumbered from § 1715 of this title by Laws 2001, c. 146, § 255, emerg. eff. April 30, 2001. Amended by Laws 2002, c. 173, § 7, emerg. eff. May 6, 2002. Renumbered from § 8-85.13 of this title by Laws 2002, c. 173, § 20, emerg. eff. May 6, 2002. Amended by Laws 2004, c. 5, § 1, emerg. eff. March 1, 2004.
NOTE: Laws 2002, c. 61, § 1 repealed by Laws 2004, c. 5, § 2, emerg. eff. March 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-11. Definitions.

As used in this act:
1. "Extraordinary costs" means costs incurred by an incorporated municipality's unregulated utility related to the extreme weather that occurred beginning February 7, 2021, and ending February 21, 2021, including but not limited to fuel-related storage and associated costs, emergency compressed or liquified natural gas supplies, contracts for services providing additional pressurization on lines and transportation pipeline penalties. Extraordinary costs shall not include extreme purchase costs, as defined in this section;
2. "Extreme purchase costs" means expenses incurred for the purchase of fuel, purchased power, natural gas commodity, or any combination thereof, whether at spot pricing, index pricing, or otherwise with delivery beginning February 7, 2021, and ending February 21, 2021;
3. "Utility" shall mean any person or entity doing business in this state that furnishes natural gas or electric current to its customers located at an address within this state and within the service area of the utility; and
4. "Unregulated utility" shall mean any utility, as defined in this section, which is not subject to the regulatory jurisdiction of the Corporation Commission with respect to its rates, charges, and terms and conditions of service.
Added by Laws 2022, c. 391, § 1, emerg. eff. May 26, 2022.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-12. February 2021 Winter Storm Grant Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated the "February 2021 Winter Storm Grant Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department in the form of appropriations, donations, or other monies designated for deposit in the fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purpose of providing grants to an incorporated municipality as provided by this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2022, c. 391, § 2, emerg. eff. May 26, 2022.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-13. Grant program to mitigate costs.

A. The Oklahoma Department of Agriculture, Food, and Forestry shall develop a grant program for the purpose of providing grants to incorporated municipalities to mitigate extreme purchase costs, extraordinary costs, or both, incurred by the incorporated municipality's owned or controlled unregulated utility affected by the extreme weather event that began February 7, 2021. To qualify for a grant, the following requirements shall be met:
1. The incorporated municipality must show proof of extreme purchase costs, extraordinary costs, or both incurred by the incorporated municipality's owned or controlled unregulated utility;
2. The population of the incorporated municipality shall be no greater than three thousand five hundred (3,500) persons according to the most recent Federal Decennial Census or most recent annual estimate of the population by the United States Census Bureau; and
3. The incorporated municipality's owned or controlled unregulated utility has had no costs mitigated through securitization as provided by Sections 9070 through 9081 of Title 74 of the Oklahoma Statutes.
B. The Department shall promulgate rules necessary for determining the eligibility and priority of applicants for the grants. In determining the priority of applicants, the Department shall consider the implications of the extraordinary costs and extreme purchase costs regarding the incorporated municipality's solvency and the amount of the incorporated municipality's extraordinary costs and extreme purchase costs on a per capita basis.
C. On or before February 1, 2023, the Oklahoma Department of Agriculture, Food, and Forestry shall provide a report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives that includes the list of municipalities who applied for the grant, the amount requested by each municipality, municipalities that were awarded grants, the amount of each grant awarded, and any other information the Department determines to be necessary.
Added by Laws 2022, c. 391, § 3, emerg. eff. May 26, 2022.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-35. Short title.

This article shall be known and may be cited as the "Oklahoma Agriculture Biotechnology Act".
Added by Laws 1990, c. 226, § 1, emerg. eff. May 17, 1990. Amended by Laws 2001, c. 146, § 116, emerg. eff. April 30, 2001. Renumbered from § 2011 of this title by Laws 2001, c. 146, § 261, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-36. Purpose.

The purpose of the Oklahoma Agriculture Biotechnology Act is to protect agriculture and public health from intentional or unintentional release of genetically engineered biological articles into the environment.
Added by Laws 1990, c. 226, § 2, emerg. eff. May 17, 1990. Amended by Laws 2001, c. 146, § 117, emerg. eff. April 30, 2001. Renumbered from § 2012 of this title by Laws 2001, c. 146, § 261, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-37. Definitions.

As used in the Oklahoma Agriculture Biotechnology Act:
1. "Donor" means the organism from which genetic material is obtained for transfer to the recipient organism;
2. "Environment" means all of the land, air, and water and any organism that is living in association with these elements;
3. "Gene" means the unit of heredity within an organism;
4. "Genetic engineering" means the technology used to manipulate or alter an organism's genetic material through recombinant DNA or RNA techniques;
5. "Organisms" means any life stage form of microorganisms, viruses, plants, invertebrate animals, such as insects, or vertebrate animals, including livestock, which is capable of supplying genetic materials or affecting the genetic expression of another living entity;
6. "Permit" means a document issued by the Board authorizing a person to maintain, manipulate, and/or release a regulated article into the environment;
7. "Quarantine" means the isolation and/or safeguarding of an organism to prevent it from becoming established in the environment;
8. "Recombinant DNA or RNA" means hybrid molecules constructed outside or inside an organism by joining, deleting, or rearranging natural or synthetic DNA (deoxyribonucleic acid) or RNA (ribonucleic acid);
9. "Regulated article" means any organism altered or produced through genetic engineering;
10. "Release into the environment" means the use of a regulated article outside the constraints of physical confinement that are found in a laboratory, greenhouse, or a fermenter or other contained structure; and
11. "Vector or vector agent" means an organism or object used to transfer genetic material from the donor organism to the recipient organism.
Added by Laws 1990, c. 226, § 3, emerg. eff. May 17, 1990. Amended by Laws 2001, c. 146, § 118, emerg. eff. April 30, 2001. Renumbered from § 2013 of this title by Laws 2001, c. 146, § 261, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-11-38. Inspection of premises - Rules.

A. The State Department of Agriculture shall have the authority to inspect any premise within this state during regular business hours when the Department has reasonable grounds to believe that activity governed by the Oklahoma Agriculture Biotechnology Act is or may be occurring. This inspection shall be to determine if the provisions of the Oklahoma Agriculture Biotechnology Act are being carried out and the environment is being protected from the possibility of being contaminated by a regulated article.
B. The Board is authorized to promulgate rules needed for the control of regulated articles as authorized by the Oklahoma Agriculture Biotechnology Act. All rules shall be promulgated pursuant to the Administrative Procedures Act.
Added by Laws 1990, c. 226, § 4, emerg. eff. May 17, 1990. Amended by Laws 2001, c. 146, § 119, emerg. eff. April 30, 2001. Renumbered from § 2014 of this title by Laws 2001, c. 146, § 261, emerg. eff. April 30, 2001.