reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-6 - Inspection of plants, plant products, and other material and inspection fees

Current through Vol. 41, No. 20, July 1, 2024
(a) Authorized
				agents shall have the authority to inspect any plant or plant product for the
				purpose of export. Plant products shall be inspected for insect pests and plant
				diseases and identified treatments may be required to meet export requirements.
				For phytosanitary inspection and certificate the exporter shall pay a fee
				determined by the Board and consistent with the USDA-APHIS Appendix 1 Fees and
				Costs.
(b) A person may request
				inspection of plants and other material by the Board prior to movement or sale.
				The Board may assess fees to cover the cost associated with those inspections.
				Funds generated from the fees shall be deposited in a non-lapsing account and
				used to conduct the inspections.
Added at 17 Ok Reg 3567,
				  eff 9-7-00 (emergency); Added at 18 Ok Reg 1444, eff
				  5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-7 - Exemptions to inspection fees

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				scientific, agricultural club, horticultural club, garden club, educational or
				eleemosynary institution, and any department or branch of the state or federal
				government is exempt from inspection fees.
(b) One time garage sales with fewer than 15
				plants are exempt from inspection fees.
Added at 17 Ok Reg 3567,
				  eff 9-7-00 (emergency); Added at 18 Ok Reg 1444, eff
				  5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-8 - Expiration dates and late fees

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				dealer and landscaper licenses shall expire annually on December 31 st
				.
(b) All grower licenses shall
				expire annually on September 30 th .
(c) A late fee equal to the amount of the
				license fee shall be assessed in addition to the license fee and shall be due
				after the 15 
				th day of the month following the
				renewal month.
(d) As used in this
				subchapter, the term "grower" means a person engaged in the production of
				nursery stock from cuttings, plugs, seeds, or transplants for wholesale or
				retail sale.
Added at 17 Ok Reg 3567,
				  eff 9-7-00 (emergency); Added at 18 Ok Reg 1444, eff
				  5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-9 - Revocation of certificates

Current through Vol. 41, No. 20, July 1, 2024
After affording the certificate or license holder an
				  opportunity for a hearing, the Board shall have the power to revoke any
				  certificate, permit, or license for any violation of this Subarticle or
				  nonconformity with any rule promulgated by the Board.
Added 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 35:30-37-10 - Prohibited sales of aquatic plants

Current through Vol. 41, No. 20, July 1, 2024
A person shall not knowingly propagate, sell, or offer for
				  sale any aquatic plant pest. "Aquatic plant pest" shall include, but not be
				  limited to, any aquatic plant species listed as a noxious aquatic plant in OAC
				  800:20-3-2(a)
				  and (b).
Added at 20 Ok Reg 805,
				  eff 5-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-11 - Methyl bromide use

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				phytosanitary certificate may be issued for intrastate and interstate shipments
				of conifer and hardwood seedlings to verify that the seedlings are free of
				pests and diseases.
(b) The method
				of treatment shall be fumigation using methyl bromide in seedling plant beds
				prior to seeding.
(c) Any treatment
				shall only be performed using state and federally registered
				pesticides.
(d) Any shipment of
				seedlings originating out of state shall be accompanied by a certificate of
				inspection issued by the state of origin to verify inspections and
				treatments.
Added at 24 Ok Reg 1777,
				  eff 6-25-07
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-12 - Schedule of horticulture program fees

Current through Vol. 41, No. 20, July 1, 2024
(a) The fee for each Federal Phytosanitary
				Certificate issued or renewed shall be as follows:
(1) Federal Phytosanitary Certificate PPQ
				Form 577
(A) If the aggregate commercial
				value of the product inspected for certification is $1,250.00 or more - One
				Hundred and Six Dollars($106.00).
(B) If the aggregate commercial value of the
				product inspected for certification is less than $1,250.00 - Sixty One Dollars
				($61.00).
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 37 - Nursery Stock Sales › Section 35:30-37-13 - Prohibited sale of noxious weeds

Current through Vol. 41, No. 20, July 1, 2024
Plants listed on the Federal Noxious Weed List,
				  7 CFR §
										360.200, are prohibited from propagation,
				  sale, or distribution in Oklahoma. This shall include sterile varieties of
				  Imperata cylindrica.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the terms defined in the Oklahoma Apiary Act,
				  the following words, when used in this subchapter, shall have the following
				  meanings, unless the context clearly indicates otherwise:
"Certificate of inspection"
means a document
				  issued based on an inspection by the Department or other state or province
				  stating that the apiary, bees, and apiary equipment appear free of bee diseases
				  and pests, and may include a label, rubber stamp imprint, tag permit, written
				  statement, or any other form of certification that accompanies the movement of
				  bees or apiary equipment.
"Swarm"
means a population of bees that is not
				  permanently established in an apiary.
Added at 23 Ok Reg 878,
				  eff 5-11-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-2 - Receipt and resolution of complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Upon receipt of any complaint, the Department shall notify the person filing
				the complaint and the person whom the complaint is filed against, if known, in
				writing of its receipt and status within five (5) working days.
(b) Notification that a complaint was filed
				may also be given to the landowner or operator.
(c) The resolution of the complaint is the
				completion of the appropriate administrative, jurisdictional, or legal remedies
				to the extent necessary by the Department.
(d) The complainant shall be notified in
				writing within seven (7) working days after resolution of the
				complaint.
(e) The Department shall
				investigate any complaint regarding the following:
(1) Proximity of bee hives;
(2) Africanized honeybees; or
(3) Any violation of the Oklahoma Apiary Act
				or rules promulgated pursuant to the act.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-3 - Voluntary registration requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Any person may register by completing a form and submitting the appropriate
				registration fee by January 31 of each year.
(b) Upon registration, the person shall be
				issued a certificate of registration containing a registration number that
				shall be clearly displayed at each apiary location on a permanent sign with a
				minimum of one and one half-inch (1 1/2") high contrasting letters or
				numbers.
Added at 23 Ok Reg 878,
				  eff 5-11-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-4 - Unregistered apiaries

Current through Vol. 41, No. 20, July 1, 2024
Any person owning an apiary who does not register with the
				  Department shall clearly post and display their name, address and telephone
				  number on a permanent sign with a minimum of one and one half inch (1 1/2")
				  high contrasting lettering at or near the apiary.
Added at 23 Ok Reg 878,
				  eff 5-11-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-5 - Certificate of inspection

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department may conduct inspections of apiary or hive locations as deemed
				necessary to determine the presence of bee diseases or pests.
(b) Any person may request an apiary
				inspection from the Department.
(1) The
				request for inspection shall be written and include the name, address, and
				telephone number of the owner, the number of colonies to be inspected, and the
				destination state, if applicable.
(2) The owner shall pay an inspection fee
				based on the total number of hives listed on the certificate of
				inspection.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-6 - Quarantines

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon the discovery of any bee disease or
				pest, a premise shall be quarantined by the Department.
(b) The quarantine order shall indicate the
				following:
(1) The location of the quarantined
				premise.
(2) The portion of the
				premise that is quarantined.
(3)
				The control measures to be implemented by the owner of the apiary.
(4) If the quarantine can be confined to a
				portion of the premise, the order shall indicate that portion of the premise
				subject to the quarantine and shall indicate the release of the remainder of
				the premise from the quarantine.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-7 - American foulbrood quarantine

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				apiary, appliances, structures, buildings or bees quarantined due to the
				presence of American foulbrood shall implement one of the following control
				measures:
(1) State-approved chemotherapy
				treatment, including the feeding of antibiotics, if the bee disease has not
				spread to the point of weakening the colony beyond the possibility of control
				with chemotherapy treatments;
(2)
				Burning the entire hive and contents, or, upon approval of the Department, the
				contents of the diseased hives, including bees, combs and associated frames;
(A) Burning shall occur in an open
				pit;
(B) Ashes shall be buried no
				less than eighteen inches (18") below the surface of the soil;
(C) Disinfection by scorching the hive
				bodies, covers, bottom boards, supers and appliances associated with
				them.
(D) Frames may be boiled in
				one pound of lye per ten (10) gallons water for not less than twenty (20)
				minutes.
(3) Any other
				method approved by the Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-8 - Africanized honeybees (Apis mellifera scutellata)

Current through Vol. 41, No. 20, July 1, 2024
(a) Infestations of African honeybees shall
				be identified by a method prescribed by the Department, including but not
				limited to Mitochondrial DNA, DALY'S Morphometric Analysis, or FABIS I or II
				(Fast Africanized Bee Identification System).
(b) Colonies of honeybees with a high
				probability of being Africanized based on the above tests or any feral swarm of
				bees found in counties with Africanized honeybees shall be:
(1) Destroyed; or
(2) Quarantined and requeened with marked
				Certified European queens.
(A) The colony
				shall be resampled after the first generation of European offspring has
				emerged.
(B) If the subsequent
				sampling reveals bees with a high probability of being "European," the
				quarantine shall be lifted.
(C) If
				subsequent sampling reveals bees with a high probability of being Africanized,
				the colony shall be destroyed.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-9 - Abandoned apiaries

Current through Vol. 41, No. 20, July 1, 2024
(a) Any abandoned
				apiary may be confiscated by the Department.
(b) Prior to confiscation of the abandoned
				apiary, the Department shall take reasonable steps to locate the owner.
(1) The owner, lessee, or renter of the land
				where the apiary is discovered shall be notified.
(2) The local beekeeping organization shall
				be notified and given sixty (60) days to locate the owner.
(3) A notice of confiscation shall be placed
				at the apiary one hundred and eighty (180) days prior to
				confiscation.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-10 - Entry permits for migratory beekeepers

Current through Vol. 41, No. 20, July 1, 2024
(a) Any migratory beekeeper who brings bees
				into the state shall obtain an entry permit from the Department.
(b) The application for the permit shall
				include:
(1) the name and addresses of the
				person owning the bees;
(2) the
				name and address of the person shipping the bees if different from the
				owner;
(3) a complete description
				of the shipment;
(4) the
				destination of the shipment;
(5)
				the nearest town and county where the bees shall be located;
(6) the legal description where the bees
				shall be located;
(7) the name and
				address of the person or land owner receiving the bees;
(8) the approximate date of the shipment;
				and
(9) A certificate of inspection
				signed by the official apiary inspector or entomologist of the state,
				territory, or country from which the bees are shipped. The certificate shall
				state that the bees are apparently free of diseases and pests and shall be
				based on an actual inspection performed not more than three (3) months prior to
				the date of shipment.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-11 - Entry permits for other than migratory beekeepers [RESERVED]

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 23 Ok Reg
				  878, eff 5-11-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-12 - Pollination

Current through Vol. 41, No. 20, July 1, 2024
(a) Any beekeeper who provides colonies of
				bees for pollination purposes or honey production pursuant to an oral or
				written contract shall be subject to inspection by the Department for the
				strength of colonies and the presence of bee diseases and pests.
(b) Copies of the written contract shall be
				furnished to the Department upon request.
(c) Each hive shall be a minimum equivalent
				of five (5) deep frames of nine and one-eighth inches (9 1/8") of bees with
				brood of a standard Langstrof of nine and five-eighths inches (9 5/8") deep
				hive body.
Added at 23 Ok Reg 878,
				  eff 5-11-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 38 - Apiaries › Section 35:30-38-13 - Apiary program fees

Current through Vol. 41, No. 20, July 1, 2024
(a) The fee for
				any person registering pursuant to the Oklahoma Apiary Act shall be Ten Dollars
				($10.00).
(b) An entry permit fee
				of One Hundred Dollars ($100.00) shall be charged for migratory beekeepers
				moving colonies of bees into this state.
(c) Any person requesting inspection of an
				apiary shall pay a fee based on the total number of hives listed on the
				certificate of inspection. The following inspection fees shall be charged at
				the time of inspection:
(1) One to 25 hives:
				$10.00.
(2) 26 to 50 hives:
				$25.00.
(3) 51 to 100 hives:
				$50.00.
(4) 101 to 250 hives:
				$75.00.
(5) 251 to 500 hives:
				$100.00.
(6) 501 to 1,000 hives:
				$200.00.
(7) More than 1,000 hives:
				$250.00.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 39 - Insect Pest and Plant Disease [Revoked] › Section 35:30-39-1 - Time periods for application review [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 43,
				  eff 10-8-92 (emergency); Added at 10 Ok Reg 1953, eff 5-27-93; Revoked 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 41 - Oklahoma Sorghum Commission [Expired] › Section 35:30-41-1 - Instructions to voters [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3557,
				  eff 7-23-97 through 7-14-98 (emergency)
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-98 (after the 7-14-98 expiration of the emergency action), the text of
				  35:30-41-1 was no longer effective. For the official text of the emergency rule
				  that was effective from 7-23-97 through 7-14-98, see 14 Ok Reg
				  3557.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 41 - Oklahoma Sorghum Commission [Expired] › Section 35:30-41-2 - Conduct of election [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3557,
				  eff 7-23-97 through 7-14-98 (emergency)
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-98 (after the 7-14-98 expiration of the emergency action), the text of
				  35:30-41-2 was no longer effective. For the official text of the emergency rule
				  that was effective from 7-23-97 through 7-14-98, see 14 Ok Reg
				  3557.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 41 - Oklahoma Sorghum Commission [Expired] › Section 35:30-41-3 - In-person or special write-in absentee ballots [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3557,
				  eff 7-23-97 through 7-14-98 (emergency)
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-98 (after the 7-14-98 expiration of the emergency action), the text of
				  35:30-41-3 was no longer effective. For the official text of the emergency rule
				  that was effective from 7-23-97 through 7-14-98, see 14 Ok Reg
				  3557.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 41 - Oklahoma Sorghum Commission [Expired] › Section 35:30-41-4 - Write-in votes [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3557,
				  eff 7-23-97 through 7-14-98 (emergency)
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-98 (after the 7-14-98 expiration of the emergency action), the text of
				  35:30-41-4 was no longer effective. For the official text of the emergency rule
				  that was effective from 7-23-97 through 7-14-98, see 14 Ok Reg
				  3557.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 41 - Oklahoma Sorghum Commission [Expired] › Section 35:30-41-5 - Balloting in-person locations [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3557,
				  eff 7-23-97 through 7-14-98 (emergency)
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-98 (after the 7-14-98 expiration of the emergency action), the text of
				  35:30-41-5 was no longer effective. For the official text of the emergency rule
				  that was effective from 7-23-97 through 7-14-98, see 14 Ok Reg
				  3557.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 41 - Oklahoma Sorghum Commission [Expired] › Section 35:30-41-6 - Central location for mail-in ballots [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3557,
				  eff 7-23-97 through 7-14-98 (emergency)
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-98 (after the 7-14-98 expiration of the emergency action), the text of
				  35:30-41-6 was no longer effective. For the official text of the emergency rule
				  that was effective from 7-23-97 through 7-14-98, see 14 Ok Reg
				  3557.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 41 - Oklahoma Sorghum Commission [Expired] › Section 35:30-41-7 - Hours for voting [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3557,
				  eff 7-23-97 through 7-14-98 (emergency)
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-98 (after the 7-14-98 expiration of the emergency action), the text of
				  35:30-41-7 was no longer effective. For the official text of the emergency rule
				  that was effective from 7-23-97 through 7-14-98, see 14 Ok Reg
				  3557.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 41 - Oklahoma Sorghum Commission [Expired] › Section 35:30-41-8 - Canvassing and reporting of returns [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3557,
				  eff 7-23-97 through 7-14-98 (emergency)
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-98 (after the 7-14-98 expiration of the emergency action), the text of
				  35:30-41-8 was no longer effective. For the official text of the emergency rule
				  that was effective from 7-23-97 through 7-14-98, see 14 Ok Reg
				  3557.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 43 - Castor Plants or Products [Expired] › Section 35:30-43-1 - Commercial production of castor plants or products [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 29 Ok Reg 351,
				  eff 2-13-12 through 7-14-12
				  (emergency)1
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-12 (after the 7-14-12 expiration of the emergency action), the text of
				  35:30-43-1 was no longer effective. For the official text of the emergency rule
				  that was effective from 2-13-12 through 7-14-12, see 29 Ok Reg
				  3517.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Appendix B - Plant Nutrients 35:30-29-22(f)

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Revoked at 13 Ok Reg 1863,
				eff 6-14-96; Added at 22 Ok Reg 569, eff
				4-11-05
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Appendix D - Access [Revoked]

Current through Vol. 41, No. 20, July 1, 2024
The
				revoked version of this section by
				Oklahoma
				Register, Volume 40, Issue 23, August 15, 2023, eff.
				9/11/2023 is not yet
				available
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Appendix E - Debris and Form Boards [Revoked]

Current through Vol. 41, No. 20, July 1, 2024
The
				revoked version of this section by
				Oklahoma
				Register, Volume 40, Issue 23, August 15, 2023, eff.
				9/11/2023 is not yet
				available
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules establish regulation and licensing requirements
				  for scrap metal dealers doing business in Oklahoma pursuant to the Oklahoma
				  Agricultural Code , 2 O.S. §
									2-4(A)(33),
				  and Oklahoma Scrap Metal Dealers Act , 2 O.S. §
									11-90 et seq. The
				  regulation and licensing of scrap metal dealers shall be administered by the
				  Department and the State Board of Agriculture and shall conform to the
				  Administrative Procedures Act, 75 O.S. §§
									250 et
				  seq. ; to the Oklahoma Agricultural Code , 2 O.S. §
									1-1 et seq. ; and to
				  the procedural rules promulgated by the State Board of Agriculture , Title 35
				  of the Oklahoma Administrative Code.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Department"
means the Oklahoma Department of
				  Agriculture, Food, and Forestry , its employees, officers , and
				  divisions.
"Investigative fee"
means the investigative fee
				  charged by the Department for conducting an investigation of the applicant upon
				  receipt of an initial application for a license as authorized by 2 O.S. §
									11-98(C).
"License"
means a scrap metal dealers
				  license.
"License fee"
means the application fee charged
				  by the Department for processing an initial application for a license as
				  authorized by 2 O.S. §
									11-98(C)
				  and the renewal fee charged by the Department for processing an application for
				  the renewal of a license as authorized by 2 O.S. §
									11-98(H).
"Oklahoma Scrap Metal Dealers Act"
means the
				  Oklahoma Scrap Metal Dealers Act, codified at 2 O.S. §
									11-90 et seq.
"Scrap metal"
means any copper material,
				  aluminum material except aluminum beverage cans, or any item listed in 2 O.S.
				  §
									11-93(B)
				  of the Oklahoma Scrap Metal Dealers Act, offered for sale , resale , or
				  purchased by any person, firm, or corporation.
"Scrap metal dealer"
means any person, firm , or
				  corporation being an owner, keeper , or proprietor of a retail or wholesale
				  business which buys, sells, salvages, processes , or otherwise handles scrap
				  metal materials regulated by the provisions of the Oklahoma Scrap Metal Dealers
				  Act.
"Yard"
means the place where any scrap metal
				  dealer stores scrap metal materials or keeps such materials for purposes of
				  sale.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-3 - License required

Current through Vol. 41, No. 20, July 1, 2024
(a) No person or
				entity shall act, offer to act, or hold himself or herself out as a scrap metal
				dealer in this state unless the person holds a license obtained from the
				Department.
(b) Any person or
				entity who intends to become a scrap metal dealer shall obtain a license prior
				to operation.
(c) A separate
				license shall be required for each yard.
(d) The license shall begin on November 1 or
				on the date of issuance and shall expire on October 31 of each calendar year.
(e) Applicants submitting a
				renewal after October 31 shall be assessed late penalty of double the renewal
				fee.
(f) If the scrap metal dealer
				is a firm, corporation, or other legal entity; the scrap metal dealer shall
				designate a scrap metal dealer's representative to act as a contact person for
				the agency. The scrap metal dealer's representative shall be a natural person
				with the legal authority to bind the entity in a contract.
(g) Any person or entity who does not meet
				the definition of a scrap metal dealer but chooses to voluntarily obtain a
				license shall comply with all rules as though they do meet the definition of a
				scrap metal dealer.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-4 - Initial license application

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department shall issue a license to each person or entity who:
(1) Complies with the requirements of the
				Oklahoma Scrap Metal Dealers Act;
(2) Applies to the Department using the form
				prescribed by the Department; and
(3) Pays the license fee, investigative fee,
				and charges related a national criminal history check.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-5 - License renewal application

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				scrap metal dealer may renew a license by:
(1)
				Complies with the requirements of the Oklahoma Scrap Metal Dealers
				Act;
(2) Applies to the Department
				using the form prescribed by the Department; and
(3) Pays the license fee and charges related
				a national criminal history check.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-6 - Fees and charges

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				shall charge the following nonrefundable license fees:
(1) License fee for an initial application:
				$100.00;
(2) Investigative fee for
				an initial application: $100.00;
(3) License fee for a renewal application:
				$100.00; and
(4) Any expenses by
				the Department relating to the national criminal history check.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-8 - Changes of information

Current through Vol. 41, No. 20, July 1, 2024
A scrap metal dealer shall notify the Department in writing
				  not later than thirty (30) days after the date any change occurs in the
				  address, name, management, substantial control, or ownership of the business or
				  operation.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-9 - Purchases, sales, and records

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				scrap metal dealer shall conduct business and maintain records of all business
				transactions in a manner consistent with the provisions of the Oklahoma Scrap
				Metal Dealers Act.
(b) Scrap Metal
				Dealers using an online recording method for all record keeping shall use Leads
				Online,
www.leadsonline.com
as the
				internet- based reporting method.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-10 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) On receipt of a valid written complaint
				alleging a violation of the Oklahoma Scrap Metal Dealers Act, an authorized
				agent of the Department, a local law enforcement authority, or an inspector
				designated by the Department may investigate the alleged violation.
(b) Any person may submit a written and
				signed complaint to the Department alleging a violation of the Oklahoma Scrap
				Metal Dealers Act or rules promulgated thereunder.
(c) The resolution of a complaint is the
				completion of the appropriate administrative, jurisdictional, and legal
				remedies appropriate to the circumstances.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-11 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
The Department may inspect any licensed business location,
				  including but not limited to, the premises and the books and records of the
				  licensed scrap metal dealer. If the scrap metal dealer refuses, denies, or
				  interferes with any right of access, the Department shall have the right to
				  apply to a district court of competent jurisdiction and obtain an
				  administrative or other warrant necessary to enforce the right of access and
				  inspection.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-12 - Grounds for denial, suspension, or revocation of a license

Current through Vol. 41, No. 20, July 1, 2024
The Department may deny, suspend, cancel, revoke, or refuse
				  reissuance of a license of any applicant or scrap metal dealer who:
(1) Violates the Oklahoma Scrap Metal Dealers
				Act;
(2) Violates or fails to
				follow administrative rules adopted by the Department;
(3) Engages in fraud or deceit in obtaining
				or renewing a license;
(4) Acts as
				a scrap metal dealer in this state without a valid license;
(5) Aids or abets another person in acting as
				a scrap metal dealer without a license;
(6) Is convicted of a crime involving moral
				turpitude or dishonesty;
(7) Is
				convicted of a felony punishable under the Oklahoma Racketeer-Influenced and
				Corrupt Organizations Act ; or
(8)
				Fails to pay an administrative penalty or fine assessed by the Department
				against the scrap metal dealer.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-13 - Sanctions for misconduct

Current through Vol. 41, No. 20, July 1, 2024
(a) If the
				Department determines that a scrap metal dealer has violated the Oklahoma Scrap
				Metal Dealers Act, Department rules, or other applicable legal authorities, the
				Department may
(1) Refer the matter to the
				appropriate law enforcement authority for criminal prosecution;
(2) Deny, suspend, cancel, revoke, or refuse
				reissuance of a license or licenses held by the scrap metal dealer after an
				administrative hearing conducted in a manner consistent with OAC
				35:1-9-1
				et seq. ;
(3) Tag any weight or
				measure device utilized by the scrap metal dealer as "Not For Commercial Use"
				after an administrative hearing conducted in a manner consistent with OAC
				35:1-9-1
				et seq.;
(4) Assess an
				administrative penalty or fine of not less than One Hundred dollars ($100) and
				not more than Ten Thousand dollars ($10,000) against the scrap metal dealer
				after an administrative hearing conducted in a manner consistent with OAC
				35:1-9-1
				et seq.;
(5) Apply to a district
				court of competent jurisdiction and obtain a temporary or permanent injunction
				prohibiting the continued commercial operation of the scrap metal dealer;
				and
(6) Apply to a district court
				of competent jurisdiction and obtain any civil penalties allowed by law,
				including interest, attorney fees, and costs of collection.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 45 - Scrap Metal Dealers › Section 35:30-45-14 - Other requirements or acts prohibited

Current through Vol. 41, No. 20, July 1, 2024
Scrap metal dealers shall comply with all applicable state
				  and federal laws, municipal ordinances, and other reasonable requirements of
				  the Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 35 - Milk and Milk Products [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 35:35-1-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3514,
				  eff 7-11-95 (emergency); Added at 13 Ok Reg 1895, eff 6-14-96; Revoked at 21 Ok
				  Reg 755, eff 5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 35 - Milk and Milk Products [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 35:35-1-2 - Incorporations by reference [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3514,
				  eff 7-11-95 (emergency); Added at 13 Ok Reg 1895, eff 6-14-96; Amended at 20 Ok
				  Reg 1539, eff 6-12-03; Revoked at 21 Ok Reg 755, eff
				  5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 35 - Milk and Milk Products [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 35:35-1-3 - Terms for interfacing with the PMO and the DMO [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3514,
				  eff 7-11-95 (emergency); Added at 13 Ok Reg 1895, eff 6-14-96; Amended at 20 Ok
				  Reg 1537, eff 6-12-03; Revoked at 21 Ok Reg 755, eff
				  5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 35 - Milk and Milk Products [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 35:35-1-4 - Suspension and revocation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3514,
				  eff 7-11-95 (emergency); Added at 13 Ok Reg 1895, eff 6-14-96; Revoked at 21 Ok
				  Reg 755, eff 5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 35 - Milk and Milk Products [Revoked] › Subchapter 1 - General Provisions [Revoked] › Section 35:35-1-5 - Application to manufacture grade dairies [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3514,
				  eff 7-11-95 (emergency); Added at 13 Ok Reg 1895, eff 6-14-96; Revoked at 21 Ok
				  Reg 755, eff 5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 35 - Milk and Milk Products [Revoked] › Subchapter 3 - Chemical, Bacteriological and Temperature Standards for Milk and Milk Products [Revoked] › Section 35:35-3-1 - Chemical, bacteriological, and temperature standards for milk and milk products [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3514,
				  eff 7-11-95 (emergency); Added at 13 Ok Reg 1895, eff 6-14-96; Revoked at 21 Ok
				  Reg 755, eff 5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 37 - Food Safety › Subchapter 1 - Eggs › Section 35:37-1-1 - Oklahoma standards

Current through Vol. 41, No. 20, July 1, 2024
Grades and weight classes for shell eggs shall be those as
				  set forth in the "United States Standards, Grades, and Weight Classes for Shell
				  Eggs," maintained by the United States Department of Agriculture ("USDA"),
				  Agricultural Marketing Service, Poultry Division, as AMS 56 ( 2000
				  Version).
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 1 - Eggs › Section 35:37-1-2 - Methods of grading

Current through Vol. 41, No. 20, July 1, 2024
Methods of egg grading shall be the same as those described
				  in USDA "Regulations Governing the Voluntary Grading of Shell Eggs 7 CFR Part
				  56 ".
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 1 - Eggs › Section 35:37-1-3 - Display of eggs for sale

Current through Vol. 41, No. 20, July 1, 2024
All eggs offered or displayed for sale to consumers shall be
				  in customary containers. Eggs shall not be offered or displayed for sale to
				  consumers in bulk displays.
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 1 - Eggs › Section 35:37-1-4 - Improper marking and signs; advertising

Current through Vol. 41, No. 20, July 1, 2024
Window display signs advertising eggs for sale must be
				  plainly and uniformly marked with the price, grade, and size of the eggs.
				  Oklahoma Department of Agriculture, Food, and Forestry inspectors are
				  authorized to deface immediately any label or marking on any egg container or
				  display that does not comply with the Oklahoma Egg Law and rules, including any
				  window sign that contains false or misleading information or that fails to
				  include all required information.
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 1 - Eggs › Section 35:37-1-5 - Display of egg license

Current through Vol. 41, No. 20, July 1, 2024
Egg packers and dealers shall obtain and display in a
				  prominent place a separate state egg license for each packing plant and each
				  shipping point, as set forth in the Oklahoma Egg Law, Section
				  10-81.
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 1 - Eggs › Section 35:37-1-6 - Egg inspection fee permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Licensed egg packers selling eggs in the state of Oklahoma shall submit reports
				and remit inspection fees to the Department on a monthly basis.
(b) At the time of license application, small
				egg packers that pack less than five thousand (5,000) dozen eggs per year shall
				pre-pay an annual inspection fee in the amount of fifteen dollars
				($15.00).
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 1 - Eggs › Section 35:37-1-7 - Samples for inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) Department
				of Agriculture, Food, and Forestry inspectors shall inspect every retail,
				dealer, and packer location offering eggs and egg products for sale to
				consumers.
(b) Inspectors shall
				personally draw samples from each lot of eggs and shall follow USDA shell egg
				statutes, rules, and handbooks on official grading.
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 3 - Meat Inspection › Part 1 - GENERAL PROVISIONS › Section 35:37-3-1 - Incorporation by reference of federal meat inspection regulations

Current through Vol. 41, No. 20, July 1, 2024
The Mandatory Meat Inspection Regulations found in Title 9
					 of the Code of Federal Regulations (CFR), Parts 301 to 391; 416; 417; 418; 424;
					 430; 441; 442 and 500 for the United States Department of Agriculture (USDA) as
					 promulgated and amended in the Federal Register, are hereby adopted in their
					 entirety with the exception of the deleted regulations specified in
					 35:37-3-3. Whenever an official
					 mark, form, certificate or seal is designated by federal regulations, the
					 appropriate Oklahoma Department of Agriculture, Food, and Forestry form,
					 certificate or seal shall be substituted.
Added at 21 Ok Reg 1181, eff 5-27-04 ; Amended at 22 Ok
						Reg 2310, eff 7-11-05 ; Amended at 23 Ok Reg 2172, eff 6-25-06 ; Amended at 24
						Ok Reg 1778, eff 6-25-07 ; Amended at 25 Ok Reg 1052, eff 7-1-08 ; Amended at
						26 Ok Reg 1386, eff 7-1-09 ; Amended at 27 Ok Reg 910, eff 7-1-10 ; Amended at
						28 Ok Reg 2197, eff 7-25-11 ; Amended at 29 Ok Reg 585, eff 7-1-12 ; Amended at
						30 Ok Reg 826, eff 7-1-13