reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 21 - STANDARDS FOR DISPOSAL OF PESTICIDE AND PESTICIDE CONTAINERS › Section 35:30-17-97 - Schedule for implementation of surface impoundments by commercial applicators

Current through Vol. 41, No. 20, July 1, 2024
(a) Commercial
				  applicators may continue to use existing surface impoundments
(1) Which, upon monitoring, are approved by
				  the Board.
(2) Which meet all
				  requirements of
				  35:30-17-96.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 21 - STANDARDS FOR DISPOSAL OF PESTICIDE AND PESTICIDE CONTAINERS › Section 35:30-17-98 - Closing of a surface impoundment

Current through Vol. 41, No. 20, July 1, 2024
Whenever violative levels of pesticides classified as a
					 controlled industrial waste upon disposal are detected in any sample taken from
					 a surface impoundment, whether the surface impoundment was in operation at the
					 effective date of this subchapter or installed after the effective date of this
					 subchapter, the surface impoundment may be immediately and permanently closed
					 and, if closed, all contents shall be removed and disposed of at a permitted
					 controlled industrial waste disposal facility. The financial responsibility of
					 closing a surface impoundment belongs to the commercial applicator and/or
					 property owner.
Amended at 17 Ok Reg
					 1018, eff 5-11-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 21 - STANDARDS FOR DISPOSAL OF PESTICIDE AND PESTICIDE CONTAINERS › Section 35:30-17-99 - Controlled industrial pesticide waste generated by commercial applicator

Current through Vol. 41, No. 20, July 1, 2024
Commercial applicators who generate controlled industrial
					 pesticide waste and do not comply with this subchapter shall be subject to the
					 rules governing controlled industrial pesticide waste under the jurisdiction of
					 the Oklahoma Department of Environmental Quality.
Amended at 17 Ok Reg
					 1018, eff 5-11-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 22 - WOOD INFESTATION REPORTS › Section 35:30-17-100 - Compliance and violations

Current through Vol. 41, No. 20, July 1, 2024
(a) Any wood
				  infestation report (WIR) issued that is not in compliance with these rules
				  shall be inaccurate, misleading, or fraudulent.
(b) Any person who issues a WIR that fails to
				  comply with the provisions of these rules shall be in violation for failure to
				  perform work according to minimum standards.
Added at 20 Ok Reg
					 1537, eff 6-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 22 - WOOD INFESTATION REPORTS › Section 35:30-17-101 - General requirements for WIRs

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  "Wood destroying insect" means any insects, other than termites, which damage
				  or destroy wood or other cellulose materials, including but not limited to
				  carpenter ants, carpenter bees, and powder post beetles. This term shall not
				  include fungi which inhabit or destroy wood or other cellulose materials,
				  health hazard molds, or stain fungi.
(b) WIRs shall be based on a thorough visual
				  inspection and provide an accurate written disclosure of the presence or
				  absence of termites and other wood destroying insects and the presence or
				  absence of damage caused by termites or other wood destroying
				  insects.
(c) Each WIR shall be made
				  on a form prescribed by the Board.
(d) Copies of the WIR shall be provided to
				  each of the following:
(1) The person
				  purchasing the WIR.
(2) The files
				  of the business responsible for the WIR.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 22 - WOOD INFESTATION REPORTS › Section 35:30-17-102 - Uses of the WIR

Current through Vol. 41, No. 20, July 1, 2024
(a) A WIR used as a
				  basis for recommendations for remedial treatment for termites or other wood
				  destroying insects shall disclose the following:
(1) Presence of live termites or other wood
				  destroying insects.
(2) Evidence of
				  a previous infestation and no visible evidence of a treatment to address
				  it.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 22 - WOOD INFESTATION REPORTS › Section 35:30-17-103 - Qualifications

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person performing an inspection for a
				  WIR shall be a certified applicator or a certified service
				  technician.
(b) Any person issuing
				  a WIR shall be a certified applicator, certified in structural pest
				  control.
(c) The business
				  responsible for the WIR shall have a current license in structural pest
				  control.
Added at 20 Ok Reg
					 1537, eff 6-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 22 - WOOD INFESTATION REPORTS › Section 35:30-17-104 - Minimum information required for a WIR

Current through Vol. 41, No. 20, July 1, 2024
(a) A WIR shall include, but not be limited
				  to, the following:
(1) The address or location
				  of the property inspected.
(2) The
				  type of construction as determined by visual inspection, including, but not
				  limited to, the following:
(A) Specify the
				  type of stemwall, whether brick, concrete blocks, or any other type.
(B) Specify the type of floor, whether wood,
				  concrete slab, or any other type.
(C) Specify any areas under the floor,
				  whether a crawl space, basement, or any other area.
(D) Specify the type of exterior, whether
				  wood, wood veneer, stucco, fiberboard, brick or stone, concrete block, aluminum
				  or vinyl siding, or any other type, including combinations of types.
(E) Specify the type of piers, whether wood,
				  concrete blocks, or any other type.
(3) A description of any inaccessible or
				  visually obstructed areas.
(4) A
				  description of any visible conditions conducive to termites or other wood
				  destroying insects, including wood to ground contact, remaining form boards,
				  excessive moisture, debris under or around the structure, visible wood flooring
				  over slab, stucco siding, crawl space clearance resulting in insufficient
				  separation between soil and wood, expansion joints or cracks in slabs, decks in
				  contact with the structure, dense foliage in contact with the structure, wood
				  piles in contact with the structure, or any other condition.
(5) A description of visible evidence of
				  termite activity, including live termites, termite tubes or frass, evidence of
				  previous infestation or treatment, or winged adults.
(6) A description of visible evidence of
				  termite damage.
(7) A description
				  of visible evidence of damage or activity by other wood destroying
				  insects.
(8) If no visible evidence
				  is present, the WIR shall so state.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 22 - WOOD INFESTATION REPORTS › Section 35:30-17-105 - WIR inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) Areas to be
				  inspected shall include, but not be limited to, the following:
(1) All structures on the property, unless
				  specifically identified on the WIR.
(2) Areas around the plumbing in bathrooms,
				  kitchens, laundry areas, or any other areas with plumbing.
(3) Window and door frames and
				  sills.
(4) Baseboards, flooring,
				  walls, and ceilings.
(5) Floored
				  attics.
(6) Entrance steps and
				  porches.
(7) Exteriors of slabs or
				  foundations walls.
(8) Exteriors of
				  all structures.
(9) Crawl spaces,
				  including but not limited to, support piers or stiff legs, floor joists, sub
				  floors, sill plates, or foundation walls.
(10) Fireplaces.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 22 - WOOD INFESTATION REPORTS › Section 35:30-17-106 - Posting of notice

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon completion
				  of an inspection for a WIR, the inspector shall post a durable sign adjacent to
				  the water heater or electric breaker box, beneath the kitchen sink, or in the
				  bath trap that includes the name and address of the inspector, the date of
				  inspection, the purpose of the inspection, and a statement indicating the
				  posted notice shall not be removed under penalty of law.
(b) Any person removing or defacing a posted
				  inspection notice shall be in violation of this section.
(c) The sign shall have a minimum size of two
				  (2) inches by four (4) inches and shall be self sticking.
Added at 20 Ok Reg
					 1537, eff 6-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 17 - Combined Pesticide › Part 22 - WOOD INFESTATION REPORTS › Section 35:30-17-107 - Forms

Current through Vol. 41, No. 20, July 1, 2024
(a) Form ODAFF-1 [Oklahoma Official Termite
				  and Wood Destroying Insect Report] shall be the official and required form for
				  WIRs and is available for inspection or copy at the offices of the Plant
				  Industry and Consumer Services Division, Oklahoma Department of Agriculture,
				  Food, and Forestry.
(b) The
				  official form may be preprinted by a business, however no alterations or
				  additions to the form shall occur, other than the following:
(1) Name of the business.
(2) Business structural pest control license
				  number.
(3) Business address and
				  telephone number.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 19 - Vegetable Plants [Revoked] › Section 35:30-19-1 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 19 - Vegetable Plants [Revoked] › Section 35:30-19-2 - Production of sweet potato plants [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 19 - Vegetable Plants [Revoked] › Section 35:30-19-3 - Inspection of sweet potato plants [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 21 - Organic Food [Revoked] › Section 35:30-21-1 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg
				  1840, eff 6-12-00; Revoked at 20 Ok Reg 55, eff 10-29-02 through 7-14-03
				  (emergency)1; Revoked at 21 Ok Reg 347, eff 12-8-03
				  (emergency); Revoked at 21 Ok Reg 1178, eff
				  5-27-04
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action revoking a Section, the last effective permanent text of the Section is
				  reinstated. Therefore, on 7-15-03 (after the 7-14-03 expiration of the
				  emergency action), the text of 35:30-21-1 reverted back to the permanent text
				  that became effective 6-12-00, as was last published in the 2001 Edition of the
				  OAC, and remained as such until revoked again by emergency action on
				  12-8-03.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 21 - Organic Food [Revoked] › Section 35:30-21-1.1 - Organic Program Provisions [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 55,
				  eff 10-29-02 through 7-14-03 (emergency)1; Added at
				  21 Ok Reg 347, eff 12-8-03 through 7-14-04
				  (emergency)2
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 7-15-03 (after the 7-14-03 expiration of this emergency action), Section
					 35:30-21-1.1 was no longer effective, and remained as such until added again by
					 emergency action on 12-8-03. For the official text of the emergency rule that
					 was effective from 10-29-02 through 7-14-03, see 20 Ok Reg 55.
2This 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 7-15-04 (after the 7-14-04 expiration of this emergency action), Section
					 35:30-21-1.1 was no longer effective. For the official text of the emergency
					 rule that was effective from 12-8-03 through 7-14-04, see 21 Ok Reg
					 347.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 21 - Organic Food [Revoked] › Section 35:30-21-2 - Crop management, fertility practices [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg
				  1840, eff 6-12-00; Revoked at 20 Ok Reg 55, eff 10-29-02 through 7-14-03
				  (emergency)1; Revoked at 21 Ok Reg 347, eff 12-8-03
				  (emergency); Revoked at 21 Ok Reg 1178, eff
				  5-27-04
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action revoking a Section, the last effective permanent text of the Section is
				  reinstated. Therefore, on 7-15-03 (after the 7-14-03 expiration of the
				  emergency action), the text of 35:30-21-2 reverted back to the permanent text
				  that became effective 6-12-00, as was last published in the 2001 Edition of the
				  OAC, and remained as such until revoked again by emergency action on
				  12-8-03.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 21 - Organic Food [Revoked] › Section 35:30-21-3 - Certification, transitional periods [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg
				  1840, eff 6-12-00; Revoked at 20 Ok Reg 55, eff 10-29-02 through 7-14-03
				  (emergency)1; Revoked at 21 Ok Reg 347, eff 12-8-03
				  (emergency); Revoked at 21 Ok Reg 1178, eff
				  5-27-04
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action revoking a Section, the last effective permanent text of the Section is
				  reinstated. Therefore, on 7-15-03 (after the 7-14-03 expiration of the
				  emergency action), the text of 35:30-21-3 reverted back to the permanent text
				  that became effective 6-12-00, as was last published in the 2001 Edition of the
				  OAC, and remained as such until revoked again by emergency action on
				  12-8-03.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 21 - Organic Food [Revoked] › Section 35:30-21-4 - Recordkeeping, separation of produce [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg
				  1840, eff 6-12-00; Revoked at 20 Ok Reg 55, eff 10-29-02 through 7-14-03
				  (emergency)1; Revoked at 21 Ok Reg 347, eff 12-8-03
				  (emergency); Revoked at 21 Ok Reg 1178, eff
				  5-27-04
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action revoking a Section, the last effective permanent text of the Section is
				  reinstated. Therefore, on 7-15-03 (after the 7-14-03 expiration of the
				  emergency action), the text of 35:30-21-4 reverted back to the permanent text
				  that became effective 6-12-00, as was last published in the 2001 Edition of the
				  OAC, and remained as such until revoked again by emergency action on
				  12-8-03.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 23 - Ornamental Pruners [Revoked] › Section 35:30-23-1 - Display of license [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 23 - Ornamental Pruners [Revoked] › Section 35:30-23-2 - Grafting exemption [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 23 - Ornamental Pruners [Revoked] › Section 35:30-23-3 - Pruning [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 23 - Ornamental Pruners [Revoked] › Section 35:30-23-4 - Cutting back [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this subchapter establish the licensing
				  requirements and regulation of the Oklahoma Industrial Hemp Program pursuant to
				  the Oklahoma Agricultural Code, 2 O.S. § 3-401 et seq. The licensing
				  requirements and regulation of the Oklahoma Industrial Hemp Program shall be
				  administered by the Department 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 in Title 35 of the Oklahoma Administrative Code.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-3 - Application

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person, eighteen (18) years of age or
				older, or business entity may participate in in the Oklahoma Industrial Hemp
				Program by filing an application with the Department for a license:
(1) Not less than thirty (30) days prior to
				the planting, cultivation, handling, or processing of any industrial hemp crop;
				or
(2) No later than December 1 if
				a subsequent license is required to harvest industrial hemp crops planted
				before December 31 but scheduled for harvest after December 31.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-4 - Grounds for denial of application

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may consider a number of
				factors when deciding to grant or deny a license including, but not limited to,
				the location of the cultivation site; the criminal history of the applicant,
				subcontractor, or employees thereof; and prior administrative actions taken by
				the Department against the applicant, subcontractors, or employees
				thereof.
(b) The Department's
				denial of a license may be contested in the manner provided by this
				subchapter.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-5 - License

Current through Vol. 41, No. 20, July 1, 2024
(a) A separate license shall be required for
				each cultivation site operated by a licensee.
(b) All licenses expire on December 31 of the
				year in which the license was issued. Any industrial hemp that is not harvested
				on or before December 31 shall be declared for inclusion in a subsequent
				license or destroyed by the licensee.
(c) Every license issued by the Department
				shall remain the property of the Department. Possession of a license does not
				confer any property right or exemption from criminal liability under the
				Uniform Controlled Dangerous Substances Act to the licensee, subcontractor, or
				officials or employees thereof that is not expressly described in this
				subchapter.
(d) The Department may
				restrict, limit, or impose conditions on any license that are not similarly
				imposed on other licensees or cultivation sites.
(e) Licenses shall not be assigned,
				transferred, pledged, or otherwise disposed of, alienated, or
				encumbered.
(f) Unless the context
				expressly indicates otherwise, a subcontractor's compliance with the Oklahoma
				Industrial Hemp Program and the rules of this subchapter shall be sufficient to
				satisfy the obligations of the licensee to comply with the Oklahoma Industrial
				Hemp Program and the rules of this subchapter.
(g) All applications for outdoor cultivation
				sites shall be submitted on or before July 1.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-5.1 - Land use restrictions

Current through Vol. 41, No. 20, July 1, 2024
(a) A licensee
				shall not grow, handle, process, or store industrial hemp in any structure that
				is used for residential purposes.
(b) A licensee shall not grow, handle,
				process, or store industrial hemp in any outdoor field or site that is located
				within one thousand (1,000) feet of a school, daycare, or similar public area
				frequented by children as determined by the Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-5.2 - Restrictions on sale, transfer, and storage

Current through Vol. 41, No. 20, July 1, 2024
(a) A licensee shall not sell or transfer or
				permit the sale or transfer of living industrial hemp plants, viable plant
				parts, or seeds to any person in the state who does not hold an industrial hemp
				license issued by the Department.
(b) Licensees may transfer up to one (1)
				pound of industrial hemp plants or plant parts per transfer to testing
				laboratories, both within and outside the state for the purpose of measuring
				THC, CBD, or other phytocannabinoid profile levels. It is the responsibility of
				the licensee to ensure compliance with the laws of other states.
(c) A licensee shall not store live
				industrial hemp plants or propagating stock at any location that has not been
				approved by the Department on that licensee's application.
(d) Storage of hemp shall be locked and
				secured.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-5.3 - Establishing records with USDA Farm Service Agency

Current through Vol. 41, No. 20, July 1, 2024
Licensees shall report industrial hemp crop acreage or square
				  footage to the USDA Farm Service Agency and shall provide, at a minimum, the
				  following information:
(1) Street
				address and, to the extent practicable, geospatial location for each lot,
				greenhouse, or indoor growing structure where industrial hemp will be produced.
				If an applicant operates in more than one location, information shall be
				provided for all production sites;
(2) Acreage or square footage for each lot,
				greenhouse, or indoor growing structure dedicated to the production of
				industrial hemp;
(3) License
				number;
(4) Total acreage or square
				footage of industrial hemp planted, harvested, and destroyed; and
(5) Any changes to the information provided
				shall be reported within thirty (30) days to USDA Farm Service
				Agency.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-6 - Continuing obligation to provide information

Current through Vol. 41, No. 20, July 1, 2024
(a) Every licensee shall have a continuing
				obligation to provide current information to the Department. The licensee shall
				provide updated information if there is any material change to the information
				provided in the application within ten (10) days of the material change unless
				otherwise specified herein, including but not limited to, changes in personnel
				or contact information.
(b) The
				licensee shall file an amendment to the licensee's application not less than
				thirty (30) days prior to making any alteration to boundaries, dimensions, or
				growing areas of a cultivation site or a change in the variety of industrial
				hemp cultivated.
(c) The licensee
				shall immediately notify the Department of any change to the planting and
				harvesting schedule exceeding five (5) days from the planting and harvesting
				schedule listed in the application.
(d) The employment of a new subcontractor or
				replacement of an existing subcontractor associated with a license for a
				particular cultivation site shall require the submission of a new application
				and the payment of new application and inspection fees by the
				licensee.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-6.1 - Transportation

Current through Vol. 41, No. 20, July 1, 2024
Upon the request of the Department or any authorized law
				  enforcement officer, any person transporting industrial hemp shall produce the
				  following documents for inspection:
(1)
				Copy of current hemp grower's license;
(2) Current approved certificate of analysis
				for the harvested hemp crop; and
(3) Processor/Handlers license number, name,
				address, and contact information.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-7 - Fees

Current through Vol. 41, No. 20, July 1, 2024
(a) Each new, subsequent, or renewed
				application for a license to cultivate industrial hemp at a particular
				cultivation site shall require the payment of a nonrefundable application fee
				at the rate of Five Hundred Dollars ($500.00).
(b) Each new, subsequent, or renewed
				application for a license to cultivate industrial hemp at a particular
				cultivation site shall require the payment of a nonrefundable site inspection
				fee calculated at the rate of Five Dollars ($5.00) per acre on a contiguous
				field or Thirty-Three Cents ($0.33) per square foot in a building.
(c) An hourly inspection rate consisting of
				Thirty-Five Dollars ($35.00) per hour per inspector for actual time devoted to
				the inspection of a cultivation site shall be charged following routine or
				unannounced inspections. The calculation of the hourly inspection rate shall
				include the inspectors' travel time from the inspectors' duty station to the
				cultivation site, the time devoted to inspection of the cultivation site, and
				the inspectors' travel time returning from the cultivation to the inspectors'
				duty station.
(d) Application
				amendments or notifications of material change to the information provided in
				an application shall not require the payment of additional application fees but
				may, at the discretion of the Department, require additional inspections and
				the payment of additional site inspection fees and fees assessed at the hourly
				inspection rate at the same rate charged for a new application.
(e) Each new, subsequent, or renewed
				application for a license to process or handle industrial hemp shall require
				the payment of a nonrefundable application fee as follows:
(1) One Thousand Dollars ($1,000.00) for
				annual sales less than and including Fifty Thousand Dollars
				($50,000.00);
(2) Two Thousand Five
				Hundred Dollars ($2,500.00) for annual sales less than and including Two
				Hundred Fifty Thousand Dollars ($250,000.00) but more than Fifty Thousand
				Dollars ($50,000.00); and
(3) Five
				Thousand Dollars ($5,000.00) for annual sales greater than Two Hundred Fifty
				Thousand Dollars ($250,000.00).
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-8 - Hemp seed

Current through Vol. 41, No. 20, July 1, 2024
Any person who sells hemp seed shall:
(1) Include a statement on the label which
				offers a copy of the current Certificate of Analysis and shall provide a copy
				of the current Certificate of Analysis upon request; and
(2) Comply with the provisions of the
				Oklahoma Seed law and rules.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-9 - Harvest reports

Current through Vol. 41, No. 20, July 1, 2024
(a) Not less than
				thirty (30) days prior to harvest, the licensee shall file a harvest report on
				a form provided by the Department and shall, at a minimum, contain the
				following information:
(1) The name of the
				licensee and any associated subcontractors;
(2) The location of the cultivation site or
				parts thereof wherever situated;
(3) A description of each variety of
				industrial hemp growing at the cultivation site;
(4) The expected date or dates of harvest for
				each variety of industrial hemp growing at the cultivation site;
(5) The expected yield for each variety of
				industrial hemp planted at the cultivation site along with a description of the
				growing area in which each variety was planted sufficient to calculate the
				growing area in acres for outdoor cultivation or square feet for indoor
				cultivation;
(6) A description of
				the intended use and disposition of the industrial hemp product, including but
				not limited to:
(A) Whether the whole plant
				will be sold or otherwise transferred to a third party with sufficient
				additional information for the Department to identify the price for a specific
				quantity of industrial hemp;
(B)
				Whether individual plant parts rather than the whole plant will be sold or
				otherwise transferred to a third party with sufficient additional information
				for the Department to identify the price for a specific quantity of plant parts
				along with a description of the plant parts sold or transferred;
(C) A general description of any mechanical,
				chemical, or other processing techniques applied to the whole plant before sale
				or transfer to a third party;
(D)
				The name and contact information of the person or business entity to which the
				whole plant or plant parts will be sold or transferred; and
(E) Whether the whole plant or any part
				thereof will be destroyed after harvest;
(7) A description of fertilizers, pesticides,
				or other chemicals applied to each variety of industrial hemp planted at the
				cultivation site;
(8) A description
				of irrigation or water management practices applied to each variety of
				industrial hemp planted at the cultivation site;
(9) A description of tillage or ground
				preparation practices applied to each variety of industrial hemp planted at the
				cultivation site; and
(10) A
				description of the environmental impacts and viability of each variety of
				industrial hemp planted along with any supporting documentation.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-10 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a) The licensee shall retain the following
				records for no less than three (3) years from the date the record is obtained
				or generated:
(1) All records relating to
				information supplied in the application for a license;
(2) All records relating to the use and
				disposition of industrial hemp harvested or any plant parts thereof;
(3) All records relating to the storage or
				processing of industrial hemp or any plant parts thereof; and
(4) All records relating to the destruction
				of industrial hemp harvested or any plant parts thereof, including but not
				limited to, any affidavits, notifications, and electronic records required by
				this subchapter.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-11 - Inspection and testing

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department shall utilize an evidence gathering methodology approved by the
				United States Department of Agriculture for the inspection of cultivation sites
				and the collection of industrial hemp test samples.
(b) Analytical testing for purposes of
				detecting the concentration levels of delta-9 tetrahydrocannabinol (THC) shall
				be conducted and reported by a laboratory registered with DEA to handle
				controlled substances under the Controlled Substances Act (CSA), 21 CFR part
				1301.13.
(c) Analytical testing for
				purposes of detecting the concentration levels of delta-9 tetrahydrocannabinol
				(THC) shall be conducted in accordance with USDA's current Testing Guidelines
				for Identifying Delta-9 Tetrahydrocannabinol (THC) Concentration in Hemp.
				Testing shall meet the following standards:
(1) Analytical testing of samples for delta-9
				tetrahydrocannabinol concentration shall use post-decarboxylation or other
				similarly reliable methods;
(2)
				Testing methodology shall account for the potential conversion of delta-9
				tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol
				(THC) and the test results shall reflect the total available THC derived from
				the sum of the THC and THCA content;
(3) Total delta-9 tetrahydrocannabinol
				concentration level shall be determined and reported on dry weight
				basis;
(4) A measurement of
				uncertainty shall be estimated and reported with the lab results. The
				laboratory shall use appropriate, validated methods and procedures for all
				testing activities and evaluate measurement of uncertainty; and
(5) Quantitative determination of THC levels
				measured using liquid chromatography with ultraviolet detection (LC-UV) or mass
				spectral detection if required by matrix interference (LC/MS/MS) shall be the
				accepted analytical technique to avoid the risk of incomplete decarboxylation,
				therefore, removing the need for any post-decarboxylation.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-11.1 - Allowable testing thresholds

Current through Vol. 41, No. 20, July 1, 2024
(a) Hemp
				and processed hemp shall meet the allowable laboratory testing thresholds for
				medical marijuana and medical marijuana products established by the Oklahoma
				State Department of Health at
				310:681-8-1
				and Appendix A.
(b) Processors
				shall not process, sell, or otherwise transfer any hemp products from any hemp
				production batch unless samples of the production batch have passed all tests
				in accordance with this section.
(c) The provisions of this section shall not
				apply to hemp produced for seed or fiber production.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-12 - Violations

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may deny, suspend, or
				revoke a license or fine a licensee upon a finding by the Department that the
				licensee has violated the provisions of the Oklahoma Industrial Hemp Program
				and the rules of this subchapter.
(b) Violations committed by subcontractors or
				officials and employees thereof shall be considered violations of the
				licensee.
(c) The fine for
				violating the provisions of the Oklahoma Industrial Hemp Program and the rules
				of this subchapter shall not exceed Ten Thousand Dollars ($10,000.00) per
				violation per day or occurrence.
(d) A violation of the provisions of the
				Oklahoma Industrial Hemp Program and the rules of this subchapter shall be
				subject to enforcement in accordance with Title 2 O.S. §§
									3-401
et
				seq
.
(e) A violation of
				the provisions of the Oklahoma Industrial Hemp Program and the rules of this
				subchapter may result in civil action.
(f) If the Department determines that a
				licensee has negligently violated the Oklahoma Industrial Hemp Program and the
				rules of this subchapter, the Department may issue a corrective action plan to
				the licensee.
(1) A corrective action plan
				shall include, but not be limited to:
(A) A
				reasonable date by which the licensee shall correct the negligent violation,
				which may include destruction of hemp crops in accordance with the rules of
				this subchapter;
(B) A requirement
				that the licensee shall periodically report to the Department on the compliance
				status of the licensee with the corrective action plan for a period of not less
				than two (2) years after the violation; and
(C) Any reasonable steps the Department
				determines necessary to address each negligent violation.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-13 - Destruction

Current through Vol. 41, No. 20, July 1, 2024
(a) The licensee shall destroy all Cannabis
				sativa L. plants or plant parts if required by the rules of this subchapter or
				by order of the Department.
(b)
				Destruction of plants shall be conducted pursuant to the provisions of
				subsection (e) of this section unless the Department provides the licensee
				written authorization for an alternate method of destruction.
(c) The licensee shall document the
				destruction of Cannabis sativa L. plants or plant parts in a corrective action
				plan, as follows:
(1) The licensee shall
				submit a notification of intended destruction, including the time and date of
				destruction, to the Department not less than five (5) days prior to the date
				that the licensee intends to undertake the destruction of the Cannabis sativa
				L. plants or plant parts. Destruction shall only occur in the presence of a
				Department inspector or representative;
(2) The licensee shall make and retain a
				date-stamped electronic video recording the collection, ignition, and
				incineration of the Cannabis sativa L. plants or plant parts. The video
				recording shall be retained as a record relating to the destruction of
				industrial hemp for not less than three (3) years. The date stamp need not be
				displayed on the video recording but shall, at a minimum, appear in the
				electronic file name. The electronic video recording shall consist of
				sufficient duration and detail to verify that the destruction occurred and was
				complete; and
(3) An officer or
				employee of the licensee or subcontractor responsible for oversight of the
				Oklahoma Industrial Hemp Program and communications with the Department
				relating to the cultivation of industrial hemp shall submit an affidavit to the
				Department affirming the destruction not more than ten (10) days following the
				destruction.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-14 - Hearings and contests

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				administrative actions brought by the Department seeking the imposition of a
				penalty for the violation of this subchapter and all contests brought by a
				licensee or subcontractor shall be considered individual proceedings and shall
				comply with the Administrative Procedures Act, 75 O.S. § 250 et seq., and
				the rules of the Department.
(b)
				The Department shall grant subcontractors legal standing to participate in
				individual proceedings if the subcontractor is authorized to do so by the
				licensee that is the subject of the individual proceeding.
(c) The Department shall initiate an
				individual proceeding by serving a notice of violation on the licensee and any
				associated subcontractor listed in the Department's records for the cultivation
				site in question. An individual proceeding initiated by the Department shall be
				required for the Department to suspend or revoke a license or impose a fine.
				The Department shall not be required to initiate an individual proceeding for
				the denial of an application for a license or to enforce the rules of this
				subchapter, including but not limited to, ordering the destruction of Cannabis
				sativa L. plants as specified herein.
(d) A licensee or authorized subcontractor
				may initiate an individual proceeding contesting the denial of an application,
				conditions or limitations placed on a license, or order of destruction by
				filing a petition with the Department. The petition shall state with
				particularity the factual grounds, arguments, and citation of legal authorities
				for the contest.
(e) All individual
				proceedings shall be heard by an administrative law judge. All evidence and
				legal arguments shall be offered to the administrative law judge consistent
				with the regular practices and rules of the Department. The findings and
				recommendation of the administrative law judge shall be presented to the State
				Board of Agriculture for a final decision. No new evidence or arguments shall
				be presented to the State Board of Agriculture.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 24 - Oklahoma Industrial Hemp Program › Section 35:30-24-15 - Unlicensed growers

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person
				found growing hemp without a license shall be required to destroy all Cannabis
				sativa L. plants and plant parts.
(b) Destruction of plants by the grower shall
				be conducted pursuant to the provisions of this act unless the Department
				provides written authorization for an alternate method of
				destruction.
(c) If an unlicensed
				grower fails to destroy Cannabis sativa L. plants as required, the Department
				shall destroy the plants and pursue legal action against the grower, if
				necessary, to recover expenses incurred in destruction of the plants.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 25 - Seed › Section 35:30-25-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Grower's declaration"
or
"Shipper's
				  declaration"
means a written statement of a grower, shipper, processor,
				  dealer, or importer giving for any lot of seed the kind, variety, type, origin,
				  or the use for which the seed is intended.
"Hybrid"
means, when applied to kinds of
				  varieties of seed, the first generation seed of a cross produced by controlling
				  the pollination and by combining: two or more inbred lines; one inbred or a
				  single cross with an open pollinated variety; or two selected clones, seed
				  lines, varieties, or species.
"Mixture"
means seed consisting of more than one
				  kind or variety each present in excess of five percent (5%) of the whole. When
				  so mixed, the label should be marked with the word "mixed" or "mixture".
"Retail Seed Dealer"
means any person who sells
				  or offers for sale, agricultural seed to consumers for planting.
"Wholesale Seed Dealer"
means any person who
				  sells or offers for sale, agricultural seed to retailers, distributors,
				  brokers, or other wholesalers for resale.
Amended at 17 Ok Reg
				  1843, eff 6-12-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 30 - Consumer Protection › Subchapter 25 - Seed › Section 35:30-25-3 - Noxious weed list

Current through Vol. 41, No. 20, July 1, 2024
The following is the noxious weed list:
(1) Balloonvine (Cardiospermum
				halicacabum)
(2) Bindweed, Field
				(Convolvulus arvenis)(Solanum elaeagni folium)
(3) Bindweed, Hedge (Convolvulus
				sepium)
(4) Blueweed, Texas
				(Helianthus ciliaris)
(5)
				Buckwheat, Wild (Polygonum convolvulus)
(6) Cheat or Chess (Bromus
				secalinus)
(7) Cocklebur (Xanthium
				spp.)
(8) Corncockle (Agrostemma
				githago)
(9) Darnel (Lolium
				temulentum)
(10) Dock (Rumex
				spp.)
(11) Dodder (Cuscuta
				spp.)
(12) Foxtail, Giant (Setaria
				faberi)
(13) Goatgrass, Jointed
				(Aegilops cylindrica)
(14)
				Horsenettle (Solanum carolinense)
(15) Johnsongrass (Sorghum Halepense)
				Includes Sorghum alumum and other indistinguishable seeds.
(16) Knapweed, Russian (Centaurea
				picris)
(17) Moonflower or Giant
				Morningglory (Calonyction muricatum)
(18) Morningglory, Wild (Ipomoea
				spp.)
(19) Musk Thistle (Carduus
				nutans L.)
(20) Mustard, Wild
				(Brassica spp.)
(21) Nightshade,
				Purple
(22) Nutgrass (Cyperus
				rotundus)
(23) Oat, Wild (Avena
				fatua, Avenasterilis and other wild, non-cultivated Avena spp.)
(24) Onion, Wild or Garlic (Allium
				spp.)
(25) Plantain, Bracted
				(Plantago aristata)
(26) Plantain,
				Buckhorn (Plantago lanceolata)
(27)
				Quackgrass (Agropyron repens)
(28)
				Red Horned Poppy (Glaucium corniculatum)
(29) Sericea Lespedeza (Lespedeza
				Cuneata)
(30) Scotch Thistle
				(Onoprodum acanthium )
(31)
				Serrated Tussock (Nassella trichotoma)
(32) Sicklepod (Cassia obtusifolia)
(33) Sorrel, Sheep or Red (Rumex
				acetosella)
(34) Thistle, Canada
				(Cirsium arvense)
(35) Whitetop or
				Hoary Cress (Cardaria draba)
(36)
				Yerba De Tajo (Eclipta alba)
Amended at 17 Ok Reg
				  1843, eff 6-12-00