reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-4 - Reports, quarterly statements, records and fees [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 14 Ok Reg
					 1240, eff 5-12-97; Revoked at 17 Ok Reg 2857, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-6 - Guaranteed analysis, penalties, refunds, appeals, underweight [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg
					 2857, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-7 - Fertilizer storage [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg
					 2857, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-8 - Protection of surface and groundwater [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 1941, eff 5-27-93; Revoked at 17 Ok Reg 2857, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-11 - General safety requirements for operations of an anhydrous ammonia facility [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 14 Ok Reg
					 1240, eff 5-12-97; Revoked at 17 Ok Reg 2857, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-12 - Minimum safety requirements for storage tank operations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 14 Ok Reg
					 1240, eff 5-12-97; Revoked at 17 Ok Reg 2857, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-13 - Minimum safety requirements for operating nurse tanks [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 14 Ok Reg
					 1240, eff 5-12-97; Revoked at 17 Ok Reg 2857, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-15 - License [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
					 41, eff 10-8-92 (emergency); Amended at 10 Ok Reg 1943, eff 5-27-93; Amended at
					 14 Ok Reg 1240, eff 5-12-97; Revoked at 17 Ok Reg 2857, eff
					 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-16 - Receipt and resolution of complaint against licensee [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 3433, eff 6-7-93 (emergency); Added at 11 Ok Reg 2581, eff 6-13-94; Revoked at
					 17 Ok Reg 2857, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-22 - General

Current through Vol. 41, No. 20, July 1, 2024
(a)
Registration and renewal.
Registrants shall register or renew fertilizer products using one of the
				  following methods:
(1) Registrants may
				  electronically register or renew the registration for fertilizer products at
				  the website,
www.kellysolutions.com/erenewals
,
				  and pay any applicable fees online. Product labels, revised product labels,
				  efficacy data when required, and uniform product codes when available shall be
				  submitted during the electronic process.
(2) Registrants may register or renew the
				  registration for fertilizer products by submitting a registration application
				  or renewal application directly to the Department on a form approved by the
				  Department. Any applicable fees shall accompany the applications. Product
				  labels, revised product labels, efficacy data when required, and uniform
				  product codes when available shall be submitted with the applications. Product
				  labels, revised product labels, and efficacy data when required shall be
				  submitted in pdf format.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 1 - GENERAL › Section 35:30-29-23 - Heavy Metals

Current through Vol. 41, No. 20, July 1, 2024
Fertilizers stating guaranteed amounts of phosphates or
					 micronutrients shall be considered adulterated if the fertilizers contain
					 metals in amounts greater than the levels of metals established by the
					 Association of American Plant Food Control Officials in the SUIP 25
					 guide.
Added at 21 Ok Reg
					 754, eff 4-26-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 3 - LIQUID, DRY, AND ANHYDROUS AMMONIA › Section 35:30-29-31 - Liquid fertilizer

Current through Vol. 41, No. 20, July 1, 2024
(a)
Basic
				  requirements.
(1) Storage tanks and
				  appurtenances shall be constructed installed and maintained to prevent the
				  discharge of liquid fertilizer.
(2)
				  Materials used in construction or repair of storage tanks and appurtenances may
				  not be of a type which react chemically or electrolytically with stored liquid
				  fertilizer in a way which may weaken the storage tanks or appurtenances or
				  create a risk of discharge.
(3)
				  Metals used for valves, fittings, and repairs on metal tanks shall be
				  compatible with the metals used in the construction of the storage tank, so
				  that the combination of metals does not cause or increase corrosion which may
				  weaken the storage tank or its appurtenances or create a risk of
				  discharge.
(4) Storage tanks and
				  appurtenances shall be designed to handle all operating stresses, taking into
				  account static head, pressure buildup from pumps and compressors, and any other
				  mechanical stresses to which the storage tanks and appurtenances may be
				  subjected to in the foreseeable course of operations.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 3 - LIQUID, DRY, AND ANHYDROUS AMMONIA › Section 35:30-29-32 - Mobile/tilt tanks operated by commercial storage facilities

Current through Vol. 41, No. 20, July 1, 2024
Licensed fertilizer dealers with permanently contained
					 facilities can utilize mobile/tilt tanks. Mobile/tilt tanks shall be empty when
					 stored at a location other than the application site. Any licensee utilizing
					 mobile/tilt tanks shall comply with the following:
(1) The licensee shall mark each mobile/tilt
				  tank on a background of sharply contrasting colors in letters at least two
				  inches high with the following information:
(A) The words "Liquid Fertilizer".
(B) The brand name/grade.
(C) The name and telephone number of each
				  person who is to be contacted in the event of a discharge, including any
				  persons responsible for the stored fertilizer.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 3 - LIQUID, DRY, AND ANHYDROUS AMMONIA › Section 35:30-29-33 - Sprinkler irrigation systems

Current through Vol. 41, No. 20, July 1, 2024
Any fertilizer sprinkler irrigation system shall employ a
					 method to prevent the possible backflow of material. The methods shall include,
					 but not be limited to, the employment of a check valve or similar in-line
					 device, or other positive mechanical method, designed to ensure that backflow
					 shall not occur.
Added at 17 Ok Reg
					 2857, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 3 - LIQUID, DRY, AND ANHYDROUS AMMONIA › Section 35:30-29-34 - Pollution prevention

Current through Vol. 41, No. 20, July 1, 2024
(a) Fertilizer
				  materials shall not be stored, applied, or handled in a manner that is likely
				  to cause pollution of any air, lands, or waters of the state.
(b) The responsible party shall pay all costs
				  associated with cleanup and remediation of any spill or pollution caused by the
				  storage, application, or handling of fertilizer materials.
Added at 17 Ok Reg
					 2857, eff 7-13-00; Amended at 21 Ok Reg 754, eff
					 4-26-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 3 - LIQUID, DRY, AND ANHYDROUS AMMONIA › Section 35:30-29-35 - Secondary containment for commercial storage facilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
Capacity/diking.
The diked
				  area for containment of commercial storage facilities shall contain, below the
				  height of the dike, 110% of the volume of the largest storage tank within the
				  diked area.
(b)
Walls.
The walls of a secondary containment facility shall be constructed of earth,
				  steel, concrete, or solid masonry, or other material specifically approved by
				  the control official, and be designed to withstand a full hydrostatic head of
				  any discharged fluid and weight load of material used in construction.
(1) Cracks and seams shall be sealed to
				  prevent leakage.
(2) Walls
				  constructed of earth or other permeable material shall be lined.
(3) Earthen walls shall have a horizontal to
				  vertical slope of at least 3 to 1, unless a steeper slope is consistent with
				  good engineering practice, and shall be packed and protected for
				  erosion.
(4) The top of earthen
				  walls shall be no less than 2.5 feet wide.
(5) Walls may not exceed 6 feet in height
				  above interior grade unless provisions are made for normal access and necessary
				  emergency access to tanks, valves, and other equipment, and for safe exit from
				  the secondary containment facility.
(6) Walls constructed of concrete or solid
				  concrete shall rest upon a floating base, or upon suitable concrete
				  footings.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 3 - LIQUID, DRY, AND ANHYDROUS AMMONIA › Section 35:30-29-36 - Loading and unloading pads for commercial storage facilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
(1) Areas used for the loading of liquid
				  fertilizer into storage tanks, or for unloading liquid fertilizer from storage
				  tanks into applicators or nurse tanks shall be paved with asphalt, concrete, or
				  other approved material.
(2) The
				  pad shall be designed, constructed, and maintained to handle all loading
				  conditions to which it is exposed. Cracks and seams shall be kept
				  sealed.
(3) The loading pad shall
				  drain to a sump pit containment constructed of concrete with a liquid capacity
				  of at least 55 gallons. All liquid fertilizer shall be loaded and unloaded on
				  this pad.
(4) Discharges incident
				  to loading or unloading shall be promptly recovered from the paved surface and
				  concrete sump.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 3 - LIQUID, DRY, AND ANHYDROUS AMMONIA › Section 35:30-29-37 - Dry fertilizer requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  The owner or operator shall clearly label each dry bulk storage bin with the
				  grade to identify its fertilizer contents. This requirement shall only apply to
				  individual storage bins and shall not be construed to require labeling on the
				  exterior of any building associated with the dry bulk storage bin.
(b) The owner or operator shall ensure all
				  dry bulk fertilizers are stored inside a sound structure or device having a
				  cover or rooftop, sidewalls, and base sufficient to prevent contact with
				  precipitation and surface waters.
(c) The owner or operator shall pave any area
				  used for blending, loading, or unloading dry bulk fertilizer with asphalt or
				  concrete.
(1) When loading or unloading occurs
				  on railroad tracks, the owner or operator shall contact the railroad company to
				  request permission to pave those areas.
(2) If the railroad company denies
				  permission, the owner or operator shall notify the Department and request an
				  exception for those limited areas where permission was denied. In no case shall
				  the Department require paving of an area when permission to pave is
				  denied.
(3) The Department may, on
				  a case by case basis, allow the use of impermeable material other than asphalt
				  or concrete on railroad tracks, so long as the impermeable material allows for
				  cleanup.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 3 - LIQUID, DRY, AND ANHYDROUS AMMONIA › Section 35:30-29-37.1 - Ammonium Nitrate Security

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Ammonium nitrate storage shall be secured to provide reasonable protection
				  against vandalism, theft, or unauthorized access.
(b) Fertilizer retailers shall obtain the
				  following regarding any sale of ammonium nitrate:
(1) Date of sale;
(2) Quantity purchased;
(3) License number of the purchaser's valid
				  state or federal driver's license, or other picture identification card number
				  approved for purchaser identification by the Board; and
(4) The purchaser's name, current physical
				  address, and telephone number.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 3 - LIQUID, DRY, AND ANHYDROUS AMMONIA › Section 35:30-29-39 - Cessation of operations and facility closure

Current through Vol. 41, No. 20, July 1, 2024
(a) If for any reason a bulk fertilizer
				  storage facility is closed, or operations are discontinued, or by action of the
				  Board it is ordered to cease operations, the owner shall be responsible for
				  proper closure of the facility.
(b)
				  The owner shall comply with the following closure requirements:
(1) Notify the Board in writing that the bulk
				  fertilizer storage facility is being closed or operations
				  discontinued.
(2) Remove all
				  fertilizers and rinsates, wash waters, and other materials that contain
				  fertilizers from the facility site and utilize them for the original intended
				  purpose of the product or dispose of them in a manner approved by the
				  Board.
(3) Thoroughly clean the
				  liquid storage containers at the facility by double rinsing or the equivalent,
				  as approved by the Board.
(4) The
				  dry storage container or building shall be swept clean of all fertilizer and
				  fertilizer containing materials.
(5) Inspect and thoroughly clean all areas
				  where fertilizer may be deposited, including but not limited to interiors of
				  walls, holes in the structure or floors, and any other location where
				  fertilizer could be deposited.
(6)
				  Empty all bulk anhydrous ammonia tanks and disconnect all lines to ensure the
				  tanks can not be reused.
(7)
				  Conduct any soil and water sampling at the facility as required by the
				  Board.
(8) Complete any other
				  conditions required by the Board.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 5 - LICENSES AND COMPLAINTS › Section 35:30-29-51 - Fertilizer license and schedule of fertilizer fees

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person engaged in the distribution or
				  sale of fertilizer shall obtain a license.
(b) The Board shall not issue a fertilizer
				  license to any bulk dry, liquid, or anhydrous ammonia facility unless the
				  following are approved by the Board:
(1)
				  Completed fertilizer license application;
(2) A completed fertilizer facility
				  application package submitted in a format approved by the Board;
(3) Site inspection performed by the Board
				  prior to construction;
(4) Final
				  construction of the facility; and
(5) Completion of all other conditions
				  required by the Board.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 29 - Fertilizer › Part 5 - LICENSES AND COMPLAINTS › Section 35:30-29-52 - Receipt and resolution of complaint against licensee

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of a written complaint, the Oklahoma
					 Department of Agriculture shall notify the person filing the complaint in
					 writing of its receipt and status within two (2) working days. The person whom
					 the complaint is filed against shall be notified within two (2) working days.
					 Notification that a complaint has been filed may also be given to the landowner
					 or operator when appropriate. The resolution of a complaint is the completion
					 of the appropriate administrative, jurisdictional, and/or legal remedies to the
					 extent possible by the Department. The complainant shall be notified in writing
					 within seven (7) working days after resolution of the
					 complaint.
Added at 17 Ok Reg
					 2857, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 30 - Soil Amendment › Section 35:30-30-2 - Registration and fees

Current through Vol. 41, No. 20, July 1, 2024
(a) Each soil
				amendment product shall be registered with the Board prior to distribution on a
				registration document supplied by the Board. Registrants shall register or
				renew soil amendment products using one of the following methods:
(1) Registrants may electronically register
				or renew the registration for soil amendment products at the website,
www.kellysolutions.com/erenewals
,
				and pay any applicable fees online. Product labels, revised product labels,
				efficacy data, and uniform product codes when available shall be submitted
				during the electronic process.
(2)
				Registrants may register or renew the registration for soil amendment products
				by submitting a registration application or renewal application directly to the
				Department on a form approved by the Department. Any applicable fees shall
				accompany the applications. Product labels, revised product labels, efficacy
				data, and uniform product codes when available shall be submitted with the
				applications. Product labels, revised product labels, and efficacy data shall
				be submitted in pdf format.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 30 - Soil Amendment › Section 35:30-30-4 - Sampling and Analyses

Current through Vol. 41, No. 20, July 1, 2024
The Board may require the registrant to provide physical and
				  chemical analyses of products if it has reason to believe the product does not
				  conform with the label or labeling. The analyses shall include but not be
				  limited to all information required by the label section of this Chapter, the
				  Registration Document, and any other supporting
				  documentation.
Added at 22 Ok Reg 702,
				  eff 5-12-05
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 30 - Soil Amendment › Section 35:30-30-5 - Unlawful Acts

Current through Vol. 41, No. 20, July 1, 2024
It shall be an unlawful act to:
(1) Distribute an unregistered soil
				amendment, except one exempted from the requirements of this Chapter.
(2) Distribute a soil amendment if the label
				or labeling does not accurately reflect its composition.
(3) Distribute an adulterated
				product.
(4) Fail to supply the
				Board with analyses of a soil amendments when requested by the Board.
(5) Fail to cease distribution of any soil
				amendment for which the Board has issued a Stop Sale order.
(6) Obstruct the Board in the performance of
				its duties.
(7) To fail to supply
				any analyses of the soil amendment upon request of the Board.
(8) To fail to disclose on the label sources
				of potentially deleterious components.
Added at 22 Ok Reg 702,
				  eff 5-12-05
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 30 - Soil Amendment › Section 35:30-30-6 - Exemptions

Current through Vol. 41, No. 20, July 1, 2024
(a) Distribution of horticultural growing
				media planted with live plant material is exempt from the labeling and
				registration requirements.
(b)
				Distribution of custom media is exempt from registration requirements imposed
				provided it is prepared for a single end user.
(c) Distribution of a soil amendment that is
				registered pursuant to the Oklahoma Fertilizer Act may be exempt from the
				registration requirement, but shall not be exempt from any requirements other
				than registration.
Added at 22 Ok Reg 702,
				  eff 5-12-05
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 31 - Lime › Section 35:30-31-1 - Lime terminology

Current through Vol. 41, No. 20, July 1, 2024
(a) Gypsum
				(CaSO4) shall not be considered as an agricultural liming material.
(b) "Fineness" of a product shall be
				determined by passing a sample through a number eight (8) and number sixty (60)
				U.S. Standard Sieve, and calculating the percentage of weight of the material
				which passes through each sieve. The minimum "fineness" for any agricultural
				liming material distributed for use in Oklahoma shall be that 98% must pass
				through a four (4) mesh, 90% must pass through an eight (8) mesh and 30%
				through a sixty (60) mesh sieve.
(c) The "fineness factor" of a product shall
				be calculated as one-half (1/2) the percent passing through a number eight (8)
				sieve plus one- half (1/2) the percent passing through a number sixty (60)
				sieve equals "fineness factor."
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 31 - Lime › Section 35:30-31-2 - Lime vendor requirements

Current through Vol. 41, No. 20, July 1, 2024
Lime vendors shall be responsible:
(1) To purchase, haul, and spread only
				limestone or other liming materials from manufacturers or producers who are
				registered in Oklahoma and reporting the inspection fee.
(2) To make sure all limestone or liming
				material is properly labeled when purchased from the manufacturer or producer;
				also that the product is properly labeled when delivered to the
				consumer.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 31 - Lime › Section 35:30-31-3 - Inspection, sampling and analyses

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Analysis of official inspector samples of limestone or other liming material
				taken subject to the Oklahoma Agricultural Liming Materials Act and Rules and
				Regulations and this section shall show:
(1)
				The percent of CCE (neutralizing value of product).
(2) The percent of material passing through a
				number eight (8) and number sixty (60) mesh sieve.
(3) The "fineness factor" (1/2 the percentage
				passing through a number 8 mesh sieve plus 1/2 the percentage passing through
				number 60 sieve.
(4) The percent of
				ECCE (CCE x fineness factor).
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 31 - Lime › Section 35:30-31-4 - Schedule of ag-lime program fees

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				annual vendors license fee shall be Twenty Five Dollars ($25.00). Each license
				shall expire December 31 of each year.
(b) An inspection fee of ten cents ($0.10)
				per ton shall be paid to the Board on all agricultural liming material sold or
				distributed for use within this state. If no lime was sold or distributed in
				this state for the semiannual period, manufacturers shall submit a statement
				reflecting that information and shall remit a minimum fee of Five Dollars
				($5.00).
(c) If the Board finds any
				deficient inspection fees due, as a result of an audit of the records of any
				person subject to the provisions of the Oklahoma Agricultural Liming Materials
				Act, the Board shall assess a penalty fee of ten percent (10%) maximum not to
				exceed Two Thousand Dollars ($2,000.00) of amount due, or One Hundred Dollars
				($100.00), whichever is greater. The audit penalty shall be added to the
				deficient inspection fees due and payment made within thirty (30)
				days.
Added at 27 Ok Reg 903,
				  eff 7-1-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 33 - Weed Infested Material › Section 35:30-33-1 - Labeling requirements for weed infested material

Current through Vol. 41, No. 20, July 1, 2024
(a)
Whole grain.
The label or
				invoice of whold grain shall include the labeling set forth below:
(1) Net Weight
(2) Kind of Grain
(3) Name and address of labeler
(4) Name and number of Noxious Weeds as
				allowed under this act, when present.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 33 - Weed Infested Material › Section 35:30-33-2 - Noxious Weed list & limitations

Current through Vol. 41, No. 20, July 1, 2024
The following is the Noxious Weed list and limitation:
(1) Bindweed, field (Convolvulus arvensis) -
				Prohibited.
(2) Musk thistle
				(Carduus nutans) - Prohibited.
(3)
				Scotch thistle (Onoprodum acanthium) - Prohibited.
(4) Canada thistle (Cirsium arvense) -
				Prohibited.
Amended at 17 Ok Reg
				  1041, eff 5-11-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 34 - Noxious Weeds › Section 35:30-34-1 - Degrees of infestation

Current through Vol. 41, No. 20, July 1, 2024
The degrees of infestation that may require treatment,
				  control, or eradication of musk, scotch, or Canada thistle shall be defined in
				  the following terms:
(1) Light - Less
				than two (2) plants per acre.
(2)
				Medium - Two (2) to nine (9) plants per acre.
(3) Severe - Ten (10) or more plants per
				acre.
Added at 17 Ok Reg 1041,
				  eff 5-11-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 35 - Feedyards [Revoked] › Section 35:30-35-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 14 Ok Reg
				  1505, eff 12-24-96 (emergency); Revoked at 14 Ok Reg 2465, eff
				  6-26-97
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 35 - Feedyards [Revoked] › Section 35:30-35-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 2517,
				  eff 5-11-94 (emergency); Added at 12 Ok Reg 1593, eff 6-12-95; Amended at 14 Ok
				  Reg 1505, eff 12-24-96 (emergency); Revoked at 14 Ok Reg 2465, eff
				  6-26-97
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 35 - Feedyards [Revoked] › Section 35:30-35-5 - Application for license [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 2517,
				  eff 5-11-94 (emergency); Added at 12 Ok Reg 1593, eff 6-12-95; Amended at 14 Ok
				  Reg 1505, eff 12-24-96 (emergency); Revoked at 14 Ok Reg 2465, eff
				  6-26-97
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 35 - Feedyards [Revoked] › Section 35:30-35-6 - Investigation of complaints [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 14 Ok Reg
				  2465, eff 6-26-97
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 35 - Feedyards [Revoked] › Section 35:30-35-7 - License required [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 2517,
				  eff 5-11-94 (emergency); Added at 12 Ok Reg 1593, eff 6-12-95; Amended at 14 Ok
				  Reg 1505, eff 12-24-96 (emergency); Revoked at 14 Ok Reg 2465, eff
				  6-26-97
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 35 - Feedyards [Revoked] › Section 35:30-35-8 - Issuance of license [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 45,
				  eff 10-8-92 (emergency); Added at 10 Ok Reg 1945, eff 5-27-93; Amended at 13 Ok
				  Reg 3545, eff 7-22-96 (emergency); Amended at 13 Ok Reg 3955, eff 10-11-96;
				  Amended at 14 Ok Reg 1505, eff 12-24-96 (emergency); Revoked at 14 Ok Reg 2465,
				  eff 6-26-97
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 35 - Feedyards [Revoked] › Section 35:30-35-9 - Duties of owners and operators [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 2517,
				  eff 5-11-94 (emergency); Added at 12 Ok Reg 1593, eff 6-12-95; Amended at 14 Ok
				  Reg 1505, eff 12-24-96 (emergency); Revoked at 14 Ok Reg 2465, eff
				  6-26-97
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 35 - Feedyards [Revoked] › Section 35:30-35-10.1 - Receipt and resolution of complaint against licensee [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3427,
				  eff 6-7-93 (emergency); Added at 11 Ok Reg 2579, eff 6-13-94; Amended at 14 Ok
				  Reg 1505, eff 12-24-96 (emergency); Revoked at 14 Ok Reg 2465, eff
				  6-26-97
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 35 - Feedyards [Revoked] › Section 35:30-35-11 - Penalties [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 14 Ok Reg
				  1505, eff 12-24-96 (emergency); Revoked at 14 Ok Reg 2465, eff
				  6-26-97
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 35 - Feedyards [Revoked] › Section 35:30-35-14 - Repealer [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 14 Ok Reg
				  2465, eff 6-26-97
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) These rules shall provide the standards
				for inspection and certification by the Oklahoma Department of Agriculture,
				Food, and Forestry of weed free hay.
(b) The weed free hay certification program
				is a voluntary program and is intended to reduce the exportation, importation,
				growth, and spread of noxious weeds.
Added at 27 Ok Reg 2446,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-3 - Voluntary weed free hay certification

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Department of Agriculture,
				Food, and Forestry is the certifying authority for weed free hay
				certifications.
(b) The Department
				shall complete the following for the weed free hay certification program:
(1) Coordinate hay inspections within the
				state.
(2) Select, train, and
				supervise persons who serve as qualified inspectors.
(3) Issue certificates of inspection and bale
				tags to qualifying applicants.
(4)
				Maintain a record of all inspections performed and certificates and bale tags
				issued.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-4 - Application for certification

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Applications for a certification inspection shall be submitted to the
				Department on forms prepared by the Department.
(b) Applications for a certification
				inspection shall be submitted to the Department no less than ten (10) working
				days prior to the desired inspection date.
(c) The application for a certification
				inspection shall include the following:
(1)
				Applicant's name, address, telephone numbers, and email address, if
				applicable;
(2) Field locations,
				including driving directions from the nearest town;
(3) Crop, acreage, estimated yield, and
				anticipated harvest date; and
(4) A
				detailed map of the fields with the township, range, section and quarter
				section, or GPS coordinates.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-5 - Field certification inspection

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Hay shall be inspected in the field of origin prior to the beginning of harvest
				for each field and cutting.
(b)
				Each field inspected shall be identified by the name of the applicant and a
				field name or number. The field certification inspection may be performed on an
				entire field or a portion of a field, if the portion of the field is plainly
				marked and identified by the applicant prior to inspection.
(c) Field inspections shall take place prior
				to any farming practice that limits the qualified inspector's ability to
				properly inspect and certify the field.
(d) A field shall be inspected a second time
				if the hay is not harvested within ten (10) days of the first
				inspection.
(e) When performing
				field certification inspections, the qualified inspector shall inspect the
				following:
(1) The entire field and the
				entire field border;
(2) Any
				ditches, fence rows, roads, easements, rights-of-way, and buffer zones, as
				applicable, surrounding the field; and
(3) A minimum of two (2) entry points per
				field and a minimum of one (1) entry point per each ten (10) acres, and at each
				entry point the qualified inspector shall walk at least one hundred and fifty
				(150) feet into the field.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-7 - Treated field certification inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) Fields containing any noxious weeds may
				be certified in the following circumstances:
(1) The field upon which the hay is produced
				is treated to prevent seed formation or seed ripening to the degree that there
				is no danger of dissemination of the seed, or any injurious portion from
				noxious weeds, or undesirable plant species, or the propagating parts of the
				plant are not capable of producing a new plant.
(2) Noxious weeds were treated not later than
				rosette to bud stage, or boot stage for grass species classified as weeds,
				prior to harvesting or cutting.
(3)
				Treatment can include but is not limited to:
(A) Burning;
(B) Mowing, cutting or rouging;
(C) Mechanical methods; or
(D) Chemicals.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-8 - Exports

Current through Vol. 41, No. 20, July 1, 2024
Certification under these rules shall not qualify hay for
				  export from the United Sates. Applications for export shall be made directly to
				  the Department for federal phytosanitary certificates.
Added at 27 Ok Reg 2446,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-9 - Fees

Current through Vol. 41, No. 20, July 1, 2024
(a) Each application shall be accompanied by
				a nonrefundable fee of Twenty Five Dollars ($25.00).
(b) Each applicant shall pay an inspection
				fee to the Department for each requested inspection or follow up inspection at
				a rate of Fifty Dollars ($50) per hour with a four (4) hour minimum, or Three
				Dollars ($3) per acre, whichever is greater and mileage charged at the current
				official state mileage rate.
(c)
				Bale tags shall be Twenty Five Cents ($.25) per tag with a minimum purchase of
				one hundred (100) tags.
Added at 27 Ok Reg 2446,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-10 - Voluntary posting

Current through Vol. 41, No. 20, July 1, 2024
(a) After
				certification, an applicant may post signs or other forms of notification
				indicating that the hay is certified as weed free. Each sign or notification
				shall include the weed free certification number.
(b) The Department may post a list of all
				certified producers and commodities on its website.
Added at 27 Ok Reg 2446,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-11 - Qualified inspector qualifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Department shall appoint, as needed, qualified inspectors throughout the
				state who may issue certificates of inspection.
(b) Only qualified inspectors shall certify
				hay as weed free.
(c) The principal
				purpose of the qualified inspector is to establish, conduct, and maintain a
				uniform and reasonable system of inspection and certification of hay to
				determine if the hay is weed free.
(d) Each person designated as a qualified
				inspector shall participate in a training session presented by NAISMA to
				recognize noxious weeds and learn standardized inspection, certification, and
				recordkeeping procedures.
(e) The
				Department shall determine minimum training and accreditation standards for
				qualified inspectors. Qualified inspectors shall obtain continuing education as
				required by the Department.
(f) A
				qualified inspector shall not inspect fields or bales in which the qualified
				inspector has ownership or a financial interest.
Added at 27 Ok Reg 2446,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-12 - Violations

Current through Vol. 41, No. 20, July 1, 2024
It shall be a violation of these rules to:
(1) Make false, misleading, deceptive, or
				fraudulent representations regarding certification of any hay;
(2) Refuse or fail to comply with any
				provision of these rules;
(3) Fail
				to maintain or submit documents required by these rules;
(4) Fail to return unused tags to the
				Department by December 31 of the calendar year issued;
(5) Alter or deface in any manner any
				document or marking system produced as the result of a weed free hay
				inspection; and
(6) Reproduce,
				produce a facsimile of, or utilize in any fashion any documentation or marking
				system pertaining to certification of any crop.
Added at 27 Ok Reg 2446,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-13 - Oklahoma noxious weed list

Current through Vol. 41, No. 20, July 1, 2024
The following are noxious weeds pursuant to Oklahoma
				  law:
(1) Canada thistle (Cirsium
				arvense).
(2) Field bindweed
				(Convolvulus arvensis).
(3) Musk
				thistle (Carduus nutans).
(4)
				Scotch thistle (Onopordum acanthium).
Added at 27 Ok Reg 2446,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 36 - Weed Free Hay Certification › Section 35:30-36-14 - Regional noxious weed free certification

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may certify hay as noxious
				weed free using NAISMA Weed List as minimum certification standards.
(b) The NAISMA Noxious Weed List shall be
				utilized for regional noxious weed free certification and is available on the
				Department or NAISMA website.
Added at 27 Ok Reg 2446,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-1 - Storage and display of nursery stock

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Balled and burlapped nursery stock shall be maintained by surrounding and
				covering the earth ball with sawdust, peat, shingletow, or other wettable
				material non-toxic to plants. The moisture holding material shall be kept moist
				at all times.
(b) Container grown
				nursery stock shall be watered sufficiently to maintain the viability and vigor
				of the stock and shall be held under temperatures that shall permit normal
				growth.
(c) Bare-root nursery stock
				shall be kept under conditions of temperatures and moisture to retard growth
				and maintain viability.
(d)
				Prepackaged nursery stock with roots packaged in moisture retaining plastic,
				peat, shingletow, or other moisture-retaining material non-toxic to plants
				shall be stored and displayed under conditions that shall retard etiolated
				(non-green) or abnormal growth and shall ensure an adequate supply of moisture
				to the roots at all times.
Amended at 17 Ok Reg
				  2834, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-2 - Minimum vitality guide of nursery stock

Current through Vol. 41, No. 20, July 1, 2024
(a) Woody stemmed deciduous nursery stock
				like fruit and shade trees, and flowering shrubs shall have moist, green
				cambium tissue, in the stem or stems and branches and shall have viable buds or
				normal green, unwilted growth sufficient to permit the stock to live and grow
				in a form characteristic of the species when planted and given reasonable
				care
(b) Hardy herbaceous
				perennials or perennials when in a wilted, rotted or any other condition
				indicative of subnormal vitality shall not be sold or offered for
				sale.
(c) Any bare-rooted or
				prepackaged nursery stock shall have the sprouts removed, as they greatly
				decrease the vitality of the stock over a period of time.
(d) Balled and burlapped nursery stock in a
				weakened condition as evidenced by die-back or dryness of foliage or the stock
				having broken or loose earth balls shall not be sold or offered for
				sale.
(e) Nursery stock on display
				at sales outlets not meeting the minimum vitality requirements shall be removed
				from public view by the owner or person in charge and not offered for
				sale.
Amended at 17 Ok Reg
				  2834, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-3 - Rosebush sales

Current through Vol. 41, No. 20, July 1, 2024
(a) The sprouts of
				a rosebush shall be removed as this will cause an increase in the
				devitalization of the bush.
(b)
				Rosebushes shall have moist green cambium in the cane or canes in at least the
				first four (4) inches above the graft. Any single stem not meeting this
				requirement disqualifies the entire bush. A bush may be pruned to comply with
				the specification if at least one stem meeting the specification
				remains.
(c) The individual
				rosebush shall have a well developed and well proportioned root system
				sufficient to yield a normal growth when properly planted
(d) No green wax or other colored coating is
				permitted on rose canes which may conceal harmful insects and diseases or
				conceal the true condition of the cane.
(e) The non-waxed rose canes shall show no
				shriveling or blackening from drying, or other damage, but shall be free of
				shriveling and a live, healthy condition shall be indicated by the cambium
				layer.
(f) In the event of freeze
				damage, a rosebush shall be. considered viable if 70% of the cambium, four (4)
				inches above the bud union, and 100% at the bud union remains in good growing
				condition.
Amended at 17 Ok Reg
				  2834, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-4 - Prepackaged rosebushes

Current through Vol. 41, No. 20, July 1, 2024
Prepackaged rosebushes with root systems packaged in moisture
				  retaining material non-toxic to plants shall be stored and displayed under
				  conditions that shall retard sprouting (and shall ensure an adequate supply of
				  moisture to the roots at all times).
Amended at 17 Ok Reg
				  2834, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-5 - Bare-rooted rosebushes

Current through Vol. 41, No. 20, July 1, 2024
Bare-rooted rosebushes shall be maintained under conditions
				  of temperature and moisture which shall retard growth and preserve vitality.
				  Moisture shall be supplied to the root system by high humidity conditions in
				  storage or by covering the roots with a moisture holding material non-toxic to
				  the bush, this material shall be kept moist at all times.
Amended at 17 Ok Reg
				  2834, eff 7-13-00