reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 15 - Organic Products › Section 35:37-15-6 - Compliance Enforcement

Current through Vol. 41, No. 20, July 1, 2024
(a) When it has
				been determined that an organic entity certified by the Department is knowingly
				selling, representing, or labeling as organic any products that have been
				exposed to or contain prohibited substances, or that have been produced using
				prohibited substances or excluded methods, the Department shall send the
				certified organic entity a written notification of suspension of rights to sell
				the product as organic.
(b) The
				product is prohibited from further sale or movement, in accordance with the
				NOP, 7 CFR 205.6462(d). The Department shall remove the suspension of rights to
				sell when the organic entity becomes compliant to the requirements of the NOP 7
				CFR, Part 205.
(c) The Department
				may initiate a compliance action against an applicant for certification or an
				organic entity certified by the Department that is not in compliance with NOP 7
				CFR, Part 205.
Added at 21 Ok Reg 1181,
				  eff 5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 15 - Organic Products › Section 35:37-15-7 - Certificates Issued as Result of Certification with the ODAFF Organic Program

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				shall issue a "Certificate of Organic Operation" to all organic entities that
				are certified by the Department, with information as required by
				7 CFR
				205.404.
(b) The certificate shall continue in effect
				for one (1) year or until surrendered by the certified organic entity, or
				revocation or suspension by the Department or by the administrator for cause,
				as required by
				7 CFR
				205.405.
(c) Transaction Certificates issued by the
				Department may be used in sales transactions of certified organic products to
				identify that the products were produced or handled in accordance with the NOP,
				and Department rules.
(1) The Department shall
				issue the Transition Certificates upon written request from the organic entity,
				on forms approved by the Department, which shall contain all information
				requested on the application.
(2)
				Transaction Certificates may be issued with the producer's identification
				number and an expiration date beyond which its use is not valid. User shall
				enter shipment information that includes the shipment date, product name, and
				volume of product, and may include the lot number if applicable.
(3) Transaction Certificates provided by the
				Department shall only be used by organic entities certified by the Department
				and only for products covered by Department certification.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 15 - Organic Products › Section 35:37-15-8 - ODAFF Organic Program Seal

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department shall establish a "Oklahoma Department of Agriculture, Food, &
				Forestry (ODAFF) Organic Program Seal," identifying the Department as the
				certifying agent. The seal shall be available for use by organic entities that
				are certified by the Department, provided that the seal is used in compliance
				with the NOP,
				7
				CFR 205.303.
(b) The seal must replicate the form and
				design as adopted by the Department.
(c) The seal may be duplicated in the
				original Department seal colors or may be converted to black and white
				type-cast.
Added at 21 Ok Reg 1181,
				  eff 5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 15 - Organic Products › Section 35:37-15-9 - Inspection and Sampling for Registration

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department, or designated inspector,
				may conduct on-site inspections of each registered producer or
				handler.
(b) All on-site
				inspections shall be conducted at a time that the applicant, or an authorized
				representative of the applicant, can be present; and when land, facilities, or
				activities demonstrate the applicant's compliance with, or capability to comply
				with, registration requirements. This does not apply to inspections for the
				purposes of complaint investigations.
(c) A written Notice of Inspection shall be
				completed at the time of inspection, detailing any results of the inspection,
				or any observations made by the inspector, that would result in approval or
				denial of the application. A copy of the Notice of Inspection shall be given to
				the applicant, or authorized representative of the applicant, at the time of
				inspection.
(d) The Department, or
				designated inspector, may conduct reinspections as deemed necessary to
				investigate complaints. The Department may deny, suspend, or revoke the
				registration of an organic entity when the organic entity is found to not be in
				compliance with the law.
(e) Any
				denial of entry for inspection purposes will be considered grounds for denial
				of registration.
Added at 21 Ok Reg 1181,
				  eff 5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 15 - Organic Products › Section 35:37-15-10 - Marketing When Registered with the ODAFF Organic Program

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall issue a numbered
				logo stating, "Registered by the ODAFF Organic Program." The logo shall be
				annually dated to ensure that the registrant has currently completed
				registration requirements and shall be made available to the registrant on an
				annual basis.
(b) The registrant
				may display the logo, or copies of the logo, on marketing information used at
				the location where conducting business; but the logo shall not be attached
				directly to a product label.
(c)
				The "Registered by the ODAFF Organic Program" logo shall only be used for
				marketing purposes within the state of Oklahoma and shall only be used for raw
				and processed organically produced agricultural products when authorized by the
				Department.
Added at 21 Ok Reg 1181,
				  eff 5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 15 - Organic Products › Section 35:37-15-11 - Organic Certifying Agent Registration

Current through Vol. 41, No. 20, July 1, 2024
(a) Any certifying agent that certifies
				organic entities within the state shall be required to submit an application
				for registration with the Department. A listing of registered certifying agents
				shall be maintained by the Department and shall be made available to the public
				upon request.
(b) Registration
				shall be in effect from January 1 of the year registered and shall continue to
				be in effect through December 31 of the year it was issued, unless cancelled by
				the registrant or by the Department pursuant to sections (f) and (g) of this
				rule.
(c) An annual registration
				fee of fifty dollars ($50) shall accompany each application. Registration fee
				is not prorated throughout the year nor refunded if denied for any
				reason.
(d) Registration renewal
				applications shall be submitted within fifteen (15) working days from last
				valid date of registration. Any applicant who fails to comply with registration
				renewal requirements shall pay a fifty dollar ($ 50) late fee in addition to
				the annual registration fee to become eligible for registration
				renewal.
(e) The application for
				registration shall be submitted to the Department on an approved application
				form in the manner prescribed by the Department. The application shall include
				information about:
(1) Business name and
				address of certifying agent;
(2)
				Name and address of certifying agent's authorized representative;
(3) Listing of organic entities' names and
				addresses located within the state of Oklahoma certified by the certifying
				agent;
(4) The category of organic
				entity, whether of production or handling.
(A)
				If production, total organic acreage or square footage of land located in the
				state, and gross sales generated by organic entity.
(B) If handling, total gross sales generated
				by facilities located in the state.
(C) Years organic entity has been certified
				by certifying agent.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 17 - Produce Safety › Section 35:37-17-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
(a) All words or terms defined or used in the
				federal regulations incorporated by reference shall mean the state equivalent
				or counterpart to those word or terms.
(b) The following words or terms, when used
				in this sub-chapter, shall have the following meaning, unless the context
				clearly indicates otherwise:
(1)
"Covered produce farm"
means any farm engaged in the growing,
				harvesting, packing, or holding of produce for human consumption which is
				subject to the requirements of the FDA Food Safety Modernization Act.
(2)
"Produce"
means any fruit or
				vegetable (including mixes of intact fruits and vegetables) and includes
				mushrooms, sprouts (irrespective of seed source), and herbs. Produce does not
				include food grains meaning the small, hard fruits or seeds of cereal grains
				and oil seeds.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 17 - Produce Safety › Section 35:37-17-3 - Incorporation by reference of federal produce safety regulations

Current through Vol. 41, No. 20, July 1, 2024
The Department incorporates by reference Title 21 of the
				  Code of Federal Regulations, Part 112 regarding standards for the growing,
				  harvesting, packing, and holding of produce for human
				  consumption.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 17 - Produce Safety › Section 35:37-17-4 - Farm registration

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person,
				firm, or corporation operating a covered produce farm and selling more than the
				threshold of $25,000 of produce annually averaged for the three previous years
				and adjusted for inflation using 2011 as the baseline year, shall be required
				to register their farm with the Department. The Department shall post the
				inflation adjusted annual threshold on its website.
(b) Covered produce farms registering with
				the Department shall provide a business name, mailing address, physical
				address, and telephone number. The covered produce shall notify the Department
				of any change in contact information within ninety (90) days of the
				change.
(c) Covered produce farms
				required to register shall register with the Department no later than July 1
				each year.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 17 - Produce Safety › Section 35:37-17-5 - Enforcement of standards

Current through Vol. 41, No. 20, July 1, 2024
Any person who violates a provision of these Rules shall be
				  subject to a stop sale order and administrative penalties.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 19 - Homemade Food › Section 35:37-19-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules are for regulating the production, sale, and
				  resale of homemade food products pursuant to the provisions of Section
				  5-4.1 et seq. of
				  Title 2 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 19 - Homemade Food › Section 35:37-19-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Consumer"
means a person who is a member of the
				  public, takes possession of food, is not functioning in the capacity of an
				  operator of a food service establishment or food processing plant, and does not
				  offer the food for resale;
"Delivered"
means transferred to the customer,
				  either immediately upon sale or at a time thereafter;
"Home food establishment"
means a business on
				  the premises of a home, apartment, or other dwelling in which a producer
				  resides and in which homemade food products are created for sale or resale if
				  the business has gross annual sales of prepared food of less than Seventy-five
				  Thousand Dollars ($75,000.00). A home food establishment shall be limited to
				  one business per premises, but gross annual sales of the business shall include
				  all sales of prepared food produced by the business at any location;
"Homemade food product"
means food, including a
				  beverage, which is produced and, if packaged, packaged at a residence;
				  provided, however, homemade food product shall not mean alcoholic beverages,
				  unpasteurized milk, cannabis or marijuana products and shall not contain
				  seafood, including, but not limited to, all fish, shellfish, and fishery
				  products, meat, meat by-products, or meat food products as defined by Section
				  301.2 of Title 9 of the Code of
				  Federal Regulations or poultry, poultry products, or poultry food products as
				  defined for purposes of the federal Poultry Products Inspection Act;
"Non-time-or-temperature-controlled-for-safety"
means food that does not require time or temperature control for safety to
				  limit the rapid and progressive growth of infectious or toxigenic
				  microorganisms, including foods that have a pH level of four and six- tenths
				  (4.6) or below or a water activity (aw) value of eighty-five one-hundredths
				  (0.85) or less;
"Produce"
means to prepare a food product by
				  cooking, baking, drying, mixing, cutting, canning, fermenting, preserving,
				  dehydrating, growing, raising, or other process;
"Producer"
means the person who produces a
				  homemade food product in a home food establishment; and
"Time-or-temperature-controlled-for-safety"
means a food that requires time or temperature control for safety to limit
				  infectious or toxigenic microorganisms and is in a form capable of supporting
				  rapid and progressive growth of infectious or toxigenic microorganisms;
				  provided, however, time or temperature controlled for safety shall not include
				  foods that have a pH level of four and six-tenths (4.6) or below or a water
				  activity (aw) value of eighty-five one- hundredths (0.85) or
				  less.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 19 - Homemade Food › Section 35:37-19-3 - Sale and delivery requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Non-time-or-temperature-controlled-for-safety homemade food products shall be
				sold:
(1) By the producer directly to the
				consumer, either in person or by remote means, including, but not limited to,
				the internet or telephone; or
(2)
				By a producer's designated agent or a third-party vendor, including, but not
				limited to, a retail or grocery store, farm, farm stand, farmers market,
				membership-based buying club, craft fair, or flea market, to the consumer;
				provided, the third-party vendor shall display a placard where homemade food
				products are displayed for sale with the following disclosure: "This product
				was produced in a private residence that is exempt from government licensing
				and inspection. This product may contain allergens.".
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 19 - Homemade Food › Section 35:37-19-4 - Labeling requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				following information shall be provided to the consumer in the format required
				by subsection b of this section:
(1) Name and
				phone number of the producer;
(2)
				Physical address where the product was produced;
(3) Description of the homemade food product;
(4) Ingredients of the homemade
				food product in descending order of proportion;
(5) Statement indicating the presence of any
				of the most common allergens, including milk, eggs, peanuts, tree nuts,
				soybeans, wheat, fish, crustacean shellfish, and sesame; and
(6) Legible print stating, "This product was
				produced in a private residence that is exempt from government licensing and
				inspection.".
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 19 - Homemade Food › Section 35:37-19-5 - Violations

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of a consumer complaint, the
				Oklahoma Department of Agriculture, Food, and Forestry may request proof of
				completion of food safety training, verify a producer's gross sales, and ensure
				a producer has complied with sale, delivery, and labeling
				requirements.
(b) Each violation
				shall be punishable by an administrative fine not exceeding Three Hundred
				Dollars ($300.00).
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Appendix A - Chemical, Bacteriological and Temperature Standards for Individual Distributed Raw Milk and manufacture grade milk and Milk Products

Current through Vol. 41, No. 20, July 1, 2024
Individual Distributed Raw Milk and Manufacture Grade
						  Raw Milk
Temperature
Cooled to 7°C (45°F) or less within two hours
						  after milking, provided that the blend temperature after the first and
						  subsequent milking does not exceed 10°C (50°F)
Bacterial Limits Individual Distributed Raw Milk
Individual distributed raw milk not to exceed 35,000 per
						  ml.
Bacterial Limits (Manufacture Grade Raw Milk) (Note:
						  Manufacture grade raw milk is raw milk that fails to comply with Grade A raw
						  milk standards)
Individual producer milk for manufacturing not to exceed
						  500,000 per ml prior to commingling with other milk. Not to exceed 1,000,000
						  per ml as commingled milk to manufacturing.
Drugs
No positive results on drug residue detection methods as
						  referenced in Section 6 Laboratory Techniques
Somatic Cell Count (Individual Distributed Raw Milk and
						  Manufacture Grade Raw Milk)
Individual producer milk: Not to exceed 750,000 per ml.*
Ungraded (Manufacture Grade) Milk Products
Bacterial Limits (except cultured products)
Frozen dessert - 100,000 per ml Soft-serve mix - 30,000
						  per ml
Coliform Limits
Frozen dessert - not to exceed 20 per ml Soft-serve mix
						  - not to exceed 10 per ml Cottage cheese - not to exceed 10 per ml
Butterfat
Must match label
Goat milk - 1,500,000/ml
Added at 21 Ok Reg 1181,
				eff 5-27-04; Revoked and reenacted at 25 Ok Reg 1052, eff 7-1-08; Revoked and
				reenacted at 28 Ok Reg 2197, eff 7-25-11
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Appendix C - Official Marks of Inspection and Other Identification for Poultry and Poultry Products

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 22 Ok Reg 2310,
				eff 7-11-05
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Appendix E - Official Marks of Inspection and Other Identification for Exotic Livestock and Exotic Livestock Products

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 22 Ok Reg 2310,
				eff 7-11-05
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Appendix F - Official Marks and Devices in Connection With Post-Mortem Inspection and Identification of Adulterated Products and Insanitary Equipment and Facilities

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 22 Ok Reg 2310,
				eff 7-11-05
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 1 - GENERAL PROVISIONS › Section 35:40-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the Oklahoma Agriculture Commodity
					 Referendum Act is to authorize and prescribe the necessary procedures by which
					 the producers of agricultural commodities grown in this state may establish
					 agricultural commodity producers boards to finance programs devised to
					 alleviate any circumstance or condition that serves to impede the production,
					 marketing, research or use of agricultural commodities.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 3 - DEFINITIONS › Section 35:40-3-31 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Subchapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
"Agricultural Commodity"
means a product of
					 cultivating the soil, growing crops, or raising livestock, horticultural
					 commodity, silvicultural commodity, or agricultural product, horticultural
					 product, viticulture, or silvicultural product, or bees and honey, planting
					 seed, rice, livestock or livestock product, or poultry or poultry product,
					 produced in this state, either in its natural state or as processed by the
					 producer.
"Certified Organization"
means a non-profit
					 agricultural commodity entity certified by the State Department of Agriculture
					 to conduct a referendum.
"Commodity Board"
means an agricultural
					 commodity producers board.
"Commissioner"
means the Commissioner of the
					 Oklahoma Department of Agriculture or his designee.
"Department"
means the Oklahoma Department of
					 Agriculture.
"Director"
means the Director of Market
					 Development Services of the Oklahoma Department of Agriculture.
"Hearing Officer"
means the Commissioner of
					 the Oklahoma Department of Agriculture or his designee.
"Non-Profit Organization"
means any
					 not-for-profit agricultural commodity organization in this state that has the
					 capabilities or purpose to conduct programs of research, disease and insect
					 control, education, or promotion designed to encourage the production,
					 marketing, and use of the commodity. This organization shall not be a
					 subsidiary of any corporation, partnership, or association organized for
					 profit.
"Organization"
means an agricultural commodity
					 entity that petitions the Oklahoma Department of Agriculture for a referendum
					 of its commodity.
"Producer"
means a person engaged in the
					 business of producing or causing to be produced for commercial purposes an
					 agricultural commodity. The term "producer" includes the owner of a farm on
					 which the commodity is produced and the owner's tenant or sharecropper.
"Valid Voter"
means a producer required under
					 the Referendum to pay the assessment.
"Volume of Production"
shall be defined by the
					 certified organization and can refer to units of product sold such as pounds,
					 bushels, gallons, flats, containers, packages, or other commonly recognized
					 units of measure, square footage or acreage of production space or other
					 appropriate measurement units, or number of production units such as trees,
					 vines, head count of livestock or poultry, or other commonly recognized
					 measurement units, or gross sales.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 5 - CERTIFICATION OF COMMODITY ORGANIZATIONS › Section 35:40-3-51 - Certification of commodity organizations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application process.
(1) A non-profit organization prior to the
				  petitioning process shall notify the Commissioner and complete an application
				  form, which is provided by the Department.
(2) The application form shall include the
				  name of a contact person representing the organization, address, date,
				  commodity represented, date to initiate the petitioning process, estimated
				  number of producers, volume of production, assessment rate and number of
				  commodity board members.
(3) Upon
				  the receipt of the application the Department shall provide, by mail, a
				  petition form within fifteen (15) working days, including the minimum number of
				  signatures required.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 7 - ELECTION AND REFERENDUM PROCESS › Section 35:40-3-71 - Election plan

Current through Vol. 41, No. 20, July 1, 2024
(a) A certified
				  organization is required to submit an election plan for approval. The election
				  plan must include:
(1) a list of newspapers
				  where notices shall be published and dates of publication;
(2) a notice to county agents indicating
				  referendum date or other canvassing dates;
(3) a draft ballot;
(4) a draft press release;
(5) a draft board member petition;
(6) information on whether the election will
				  be conducted by mail or physical ballot; and
(7) the date of the referendum. The date of
				  the referendum must be within ninety (90) days following
				  certification.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 7 - ELECTION AND REFERENDUM PROCESS › Section 35:40-3-72 - Election process

Current through Vol. 41, No. 20, July 1, 2024
(a) A valid voter
				  shall indicate his eligibility to vote by providing a sales receipt of the
				  referendum commodity dated within the last year.
(b) Elections may be conducted by mail. If
				  elections are held by physical balloting, mailed ballots shall also be
				  accepted.
(c) In case of mailed
				  ballots, no ballot shall be valid if received after election date, regardless
				  of postmark date. All ballots are to be mailed to the Department and are to be
				  canvassed there.
(d) Ballot boxes
				  shall be provided by the certified organization. The certified organization
				  shall distribute the ballot boxes to all County Extension offices, unless an
				  exception is provided by the Commissioner. (Counties without specific commodity
				  production may be exempt)
(e)
				  Physical balloting shall be conducted at O.S.U. County Extension offices
				  statewide from 8:30 a.m. to 4:00 p.m. The county extension educator or his
				  designee shall be present at all times unless otherwise prescribed by the
				  Commissioner. Ballot boxes must be locked and unopened until the canvassing
				  committee supervises the opening.
(f) Ballots shall bear signature and address
				  of the producer to be valid.
(g)
				  Instructions for election officials and voters shall be available in each
				  election from the certified commodity organization and approved by the
				  Commissioner. Ballots provided by the certified organization shall include
				  voter instructions and the following statement:
The referendum proposition shall be adopted upon a finding
					 that:
(1) Two-thirds (2/3) or more of
				  those voting in the election voted in favor of the referendum proposition;
				  or
(2) More that one-half (1/2) of
				  those voting in the election voted in favor of the referendum proposition, and
				  those voting in favor of the proposition produced at least fifty percent (50%)
				  of the volume of the production of the commodity during the relevant production
				  period.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 7 - ELECTION AND REFERENDUM PROCESS › Section 35:40-3-73 - Counting of ballots and contesting elections

Current through Vol. 41, No. 20, July 1, 2024
(a) Ballots in all referendums and elections
				  shall be counted by a committee consisting of a representative of the Oklahoma
				  Agricultural Extension Service, a representative of the certified commodity
				  organization or the commodity board, and a representative of the
				  Department.
(b) The Commissioner
				  shall approve or disapprove the tally of the ballots and shall give a copy of
				  his decision to the canvassing committee and the certified
				  organization.
(c) Any contest or
				  protest of the election of the commodity board members, the original referendum
				  and/or assessment must be submitted in writing to the Department within 30 days
				  following the counting of the ballots. An investigation shall be conducted by
				  the Department.
(d) The
				  investigation and its findings shall be based upon, but not limited to, fraud,
				  improper signatures, and misstated volumes of production. The certified
				  organization shall be notified in writing of the results of the
				  investigation.
(e) If no contests
				  or investigations arise out of the election, the Department shall destroy all
				  ballots by shredding or burning and notify the organization by mail.
(f) In the event a referendum is not approved
				  in the election process, the certified organization can not reapply for the
				  petition process for a period of one(1) year from the date of the
				  referendum.
(g) In the event a vote
				  to change the assessment rate is not approved, one (1) year must lapse before
				  another election process is initiated.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 7 - ELECTION AND REFERENDUM PROCESS › Section 35:40-3-74 - Final rulings and notification

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  The Commissioner shall make the final ruling on all disputes involving the
				  petition and election process.
(b)
				  The Commissioner must be notified of biennial commodity board elections and
				  referenda to increase assessments at least ninety (90) days prior to the voting
				  date. All notices of such elections and referenda shall be held in the same
				  manner described in the initial referendum.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 7 - ELECTION AND REFERENDUM PROCESS › Section 35:40-3-75 - Certification of the commodity board

Current through Vol. 41, No. 20, July 1, 2024
After the Commissioner certifies establishing the commodity
					 board and issues certificates of election to those elected commodity board
					 members, the commodity board shall have after its first board meeting, all
					 commodity board powers described in the Oklahoma Agricultural Commodity
					 Referendum Act. The certified commodity board shall conduct an initial board
					 meeting within sixty (60) days of certification. Commodity board meetings must
					 be conducted at least annually.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 9 - FUNDS AND BUDGETS › Section 35:40-3-91 - Assessment of funds

Current through Vol. 41, No. 20, July 1, 2024
Assessments will be officially enacted the day the
					 commodity board notifies appropriate collection points of the commodity by
					 registered or certified mail. The notification shall state the rate of
					 assessment to be collected on all production of that commodity, and remitted by
					 check or money order to the commodity board once a month, or as prescribed by
					 the commodity board.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 9 - FUNDS AND BUDGETS › Section 35:40-3-92 - Expending funds and budget approval

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  The Director has ten (10) working days to review the certified organization's
				  budget and submit, in writing, his approval or rejection of their
				  budget.
(b) In the event that a
				  budget is disapproved by the Director, the certified organization must resubmit
				  a plan within thirty (30) days.
(c)
				  A budget shall be disapproved if it does not follow the proposals submitted in
				  the initial petition. A budget shall be disapproved if the projected
				  expenditures exceed their projected revenues and cash assets.
(d) Purchases over $750.00 shall require
				  records indicating three (3) telephone or written bids. If the lowest bid is
				  not accepted justification shall be provided in writing.
(e) No assessment money can be expended by
				  the commodity board, other than refund payments, until sixty (60) days after
				  the assessment has been in force.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 9 - FUNDS AND BUDGETS › Section 35:40-3-93 - Reimbursements

Current through Vol. 41, No. 20, July 1, 2024
Reimbursements for reasonable and necessary expenses
					 incurred in the discharge of duties by commodity board members and staff are to
					 be based on the Department's state rates.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 9 - FUNDS AND BUDGETS › Section 35:40-3-94 - Auditing

Current through Vol. 41, No. 20, July 1, 2024
(a) Records for audit purposes must conform
				  to the General Record Disposition Schedule of the Oklahoma Archives and
				  Records.
(b) An annual audit shall
				  be required. The Department shall have the authority to conduct an audit on
				  accounts of less than $50,000. An annual private audit, by a Certified Public
				  Accountant at the organization's expense, shall be required on accounts
				  exceeding $50,000 and submitted to the Commissioner with the organization's
				  annual report.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 9 - FUNDS AND BUDGETS › Section 35:40-3-95 - Discontinuance of assessment

Current through Vol. 41, No. 20, July 1, 2024
(a) If a
				  referendum is held for discontinuing of an assessment and the Commissioner
				  verifies the results in favor of discontinuance, the assessment collection
				  shall become void immediately.
(b)
				  All collection points shall be notified by registered or certified mail by the
				  commodity board within ten (10) days to discontinue collection on said
				  commodity.
(c) The commodity board
				  shall submit to the Commissioner within ninety (90) days a written plan of
				  disbandment.
(d) All remaining
				  money, after obligations have been paid, shall be expended for projects of
				  research, disease and insect control, predator control, education, and
				  promotion, designated to encourage the production, marketing and use of the
				  commodity upon which the assessment was levied.
(e) The commodity organization shall complete
				  a final audit within six (6) months of disbandment.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 3 - Agriculture Commodity Referendum › Part 11 - HEARINGS › Section 35:40-3-111 - Hearing procedures for petitions or disputes

Current through Vol. 41, No. 20, July 1, 2024
All hearings shall be conducted in an orderly manner by the
					 State Board of Agriculture or its designee. The objective of all hearings will
					 be fairness and the protection of the rights of all concerned parties. The
					 rules of notice and evidence shall be those specified by the Oklahoma
					 Administrative Procedures Act.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 5 - Agriculture Enhancement and Diversification Program › Part 3 - APPLICANT ELIGIBILITY › Section 35:40-5-31 - Applicant eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a) An Applicant
				  shall be individual person of at least twenty-one (21) years of age and a legal
				  resident of the state of Oklahoma, Oklahoma corporation or legal entity, or
				  Oklahoma governmental subdivision.
(b) Eligibility may be given to those
				  applicants whose:
(1) Projects demonstrate a
				  shared commitment for funding or in kind services from the applicant and other
				  private or public sources, if any;
(2) Industrial and nonfood production
				  processes utilize agricultural products;
(3) Food, feed, and fiber products and their
				  uses are innovative and add to the value of agricultural products;
(4) Applications demonstrate a high
				  feasibility of job creation and return-on-investments;
(5) Proposals demonstrate a high feasibility
				  of rapid commercialization;
(6)
				  Proposals center efforts on non-urban locales;
(7) Principals are individuals, a group of
				  individuals, an individual acting on behalf of a group, or corporations which
				  meet the criteria set forth in Section
				  951
				  of Title 18 of the Oklahoma Statutes, to market a product or formulate or
				  implement a marketing plan for agricultural products produced or processed in
				  Oklahoma;
(8) Proposals contain the
				  potential to create additional income for the farm unit;
(9) Proposals provide for new and innovative
				  plans for marketing the product;
(10) Proposals feature research that is
				  innovative as well as commercially feasible: or
(11) Proposals create or expand viable
				  agritourism venues.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 5 - Agriculture Enhancement and Diversification Program › Part 5 - EVALUATION AND FUNDING CRITERIA › Section 35:40-5-51 - Evaluation and funding criteria

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  Department shall evaluate each proposal.
(b) Each application evaluation shall be
				  based on the following criteria:
(1) An
				  evaluation of the likelihood of the proposal's success.
(2) Demonstration of a high probability of
				  job and wealth creation.
(3) A
				  review of credibility, merit, technical, and commercial feasibility; innovative
				  and commercially plausible research; and relative competence and technical
				  qualifications of project principals.
(4) Demonstration that the proposal can be
				  implemented quickly and has a high probability of rapid
				  commercialization.
(5)
				  Demonstration of a shared commitment for funding from other private or public
				  sources or the applicant in the form of cash, in-kind services, or both.
				  Indirect costs may qualify for matching funds. Preference shall be given to the
				  applications with shared cash funding however, disbursement of funds shall be
				  contingent on the production of evidence that matching funds have been
				  allocated to the proposal.
(6)
				  Centering of efforts on non-urban or rural locales except when the proposal
				  requires specific research that cannot possibly be carried out in rural
				  Oklahoma, consideration shall be given to the ultimate development and
				  commercialization of the results of the proposal, with the same rural
				  preference.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 5 - Agriculture Enhancement and Diversification Program › Part 7 - PROCEDURE FOR LOAN OR GRANT REQUESTS › Section 35:40-5-71 - Applications for loan or grant requests

Current through Vol. 41, No. 20, July 1, 2024
Applications for loans or grants are limited to the
					 equivalent of twenty (20) typed, single-spaced or double-spaced eight and
					 one-half inch by eleven inch pages including any attachments. Applications
					 shall be submitted electronically to the Oklahoma Department of Agriculture,
					 Food and Forestry.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 1849, eff 6-12-00; Amended at
					 19 Ok Reg 1252, eff 5-28-02; Amended at 26 Ok Reg 1822, eff
					 7-1-09
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 5 - Agriculture Enhancement and Diversification Program › Part 11 - TERMS OF LOANS AND GRANTS › Section 35:40-5-111 - Terms of loans and grants

Current through Vol. 41, No. 20, July 1, 2024
(a) Loan
				  funds shall be provided at zero interest with repayment terms determined by the
				  Board. Repayment of loans in an amount of $20,000.00 or less shall begin three
				  (3) years from the date funds are initially issued to the borrower and shall be
				  completed in not more than three (3) years. Repayment of loans in an amount
				  over $20,000.00 shall begin three (3) years from the date funds are initially
				  issued to the borrower and shall be completed in not more than five (5) years.
				  Loan repayments shall be in equal installments as specified in the loan
				  contract.
(b) In the event the
				  facility or project fails to succeed, the borrower may submit in writing, a
				  petition to the Department to convert the balance from a loan to a grant.
				  Petitions recommended for approval shall be submitted to the State Board of
				  Agriculture for final determination.
(c) Grant funds for Value-Added Agriculture,
				  Farm Diversification, and Product Development and Research projects may be
				  awarded in amounts up to but not exceeding $10,000.
(1) Grants awarded in the amount of $2,500 or
				  less shall not be required to provide matching funds.
(2) Grants awarded for $2,501 to $5,000 shall
				  require a fifty percent (50%) matching contribution of funds or
				  in-kind.
(3) Grants awarded in the
				  amount of $5,001 or more shall require a dollar for dollar ratio of matching
				  dollars.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 5 - Agriculture Enhancement and Diversification Program › Part 13 - MARKETING AND UTILIZATION LOANS [REVOKED] › Section 35:40-5-131 - Marketing and utilization loans [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 1849, eff 6-12-00; Amended at
					 26 Ok Reg 1822, eff 7-1-09
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 5 - Agriculture Enhancement and Diversification Program › Part 15 - VALUE-ADDED AGRICULTURE LOANS AND GRANTS › Section 35:40-5-151 - Value-added agriculture loans and grants

Current through Vol. 41, No. 20, July 1, 2024
Value-added agriculture loans and grants shall be used by
					 entities or individuals to develop or establish production, processing or
					 marketing of agricultural products and to establish or expand agritourism
					 ventures. The purpose of this category is to provide funding for promoting
					 productivity, providing added value to agricultural products, stimulating and
					 fostering agricultural diversification, and encouraging processing innovations.
					 Proposals for a value-added agriculture loan or grant shall:
(1) Demonstrate ability to produce a viable
				  product and include completed research relating to product development, recipe
				  scaling, packaging, and ingredient sourcing;
(2) Show a feasible marketing plan that
				  includes profitability and sales outlets; and
(3) Include a description of how production
				  will create jobs and enhance the community.
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 1849, eff 6-12-00; Amended at
					 26 Ok Reg 1822, eff 7-1-09
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 5 - Agriculture Enhancement and Diversification Program › Part 17 - FARM DIVERSIFICATION GRANTS › Section 35:40-5-171 - Farm diversification grants

Current through Vol. 41, No. 20, July 1, 2024
Farm diversification grants shall be used for projects
					 dealing with the diversification of family farms or ranches to nontraditional
					 crops, nontraditional livestock, on-farm processing of agricultural
					 commodities, or development of an agritourism venue. Proposals for a farm
					 diversification grant shall:
(1) Show
				  the potential to create additional income for the farm unit; and
(2) Demonstrate a well-researched plan for
				  production and marketing which includes exploration and research of possible
				  markets for the product and probable income
Added at 17 Ok Reg
					 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 1849, eff 6-12-00; Amended at
					 26 Ok Reg 1822, eff 7-1-09
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 5 - Agriculture Enhancement and Diversification Program › Part 18 - PRODUCT DEVELOPMENT AND RESEARCH LOANS AND GRANTS › Section 35:40-5-181 - Product development and research loans and grants

Current through Vol. 41, No. 20, July 1, 2024
Product development and research grants and loans shall be
					 used to create or expand agricultural business through research including, but
					 not limited to, feasibility studies, test marketing costs, and product
					 development. Proposals for a product development and research loan or grant
					 shall:
(1) Show there is no similar
				  research on the proposed product; and
(2) Demonstrate how the proposed research
				  will lead to a marketable product
Added as 35:40-5-211
					 at 17 Ok Reg 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 1849, eff
					 6-12-00; Amended at 26 Ok Reg 1822, eff
					 7-1-09