reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 3 - Fine Matrices › Subchapter 1 - [Revoked effective 9/11/2021] Fine Schedules [REVOKED] › Part 15 - [Revoked effective 9/11/2021] CONSUMER PROTECTION SERVICES VIOLATIONS › Section 35:3-1-22

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg
					 730, eff 4-26-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 3 - Fine Matrices › Subchapter 1 - [Revoked effective 9/11/2021] Fine Schedules [REVOKED] › Part 15 - [Revoked effective 9/11/2021] CONSUMER PROTECTION SERVICES VIOLATIONS › Section 35:3-1-23

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg
					 730, eff 4-26-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 3 - Fine Matrices › Subchapter 1 - [Revoked effective 9/11/2021] Fine Schedules [REVOKED] › Part 15 - [Revoked effective 9/11/2021] CONSUMER PROTECTION SERVICES VIOLATIONS › Section 35:3-1-24

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg
					 2298, eff 7-11-05
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 3 - Fine Matrices › Subchapter 1 - [Revoked effective 9/11/2021] Fine Schedules [REVOKED] › Part 17 - [Revoked effective 9/11/2021] AGRICULTURAL ENVIRONMENTAL MANAGEMENT VIOLATIONS › Section 35:3-1-30

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg
					 2141, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 3 - Fine Matrices › Subchapter 1 - [Revoked effective 9/11/2021] Fine Schedules [REVOKED] › Part 17 - [Revoked effective 9/11/2021] AGRICULTURAL ENVIRONMENTAL MANAGEMENT VIOLATIONS › Section 35:3-1-31

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg
					 2141, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 3 - Fine Matrices › Subchapter 1 - [Revoked effective 9/11/2021] Fine Schedules [REVOKED] › Part 17 - [Revoked effective 9/11/2021] AGRICULTURAL ENVIRONMENTAL MANAGEMENT VIOLATIONS › Section 35:3-1-32

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg
					 2141, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 1 - General Provisions › Section 35:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted for the purpose
				  of complying with the provisions of the Agricultural Code, 2 O.S. Section
				  1-1 et seq. This
				  Chapter relates to statutes addressing: egg production for retail sale;
				  licensing of service companies and technicians for servicing weighing and
				  measuring devices; licensing grain warehouses; testing, sampling, packaging,
				  labelling and the method of sale of packaged commodities; type evaluations of
				  commercial weighing and measuring devices installed in Oklahoma; certificate of
				  conformance for commercial weighing and measuring devices prior to
				  installation; dating of perishable and nonperishable foods.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 1 - General Provisions › Section 35:10-1-3 - Handbook and publication editions

Current through Vol. 41, No. 20, July 1, 2024
References to a Handbook or publication in these rules shall
				  mean the following edition of the National Institute of Standards and
				  Technology (NIST), unless a different reference is made in the text of the
				  rule:
(1) Handbook 44 "Specifications,
				Tolerances and Other Technical Requirements for Commercial Weighing &
				Measuring Devices" (2023 Edition).
(2) Handbook 130 "Uniform Laws and
				Regulations" (2023 Edition), excluding Section G "Uniform Engine Fuels and
				Automotive Lubricants Regulation."
(3) Handbook 133 "Checking the Net Contents
				of Packaged Goods" (2023 Edition).
(4) Handbook 105-1 "Specifications and
				Tolerances for Field Standard Weights" (2019 Edition).
(5) Handbook 105-2 "Specifications and
				Tolerances for Field Standard Measuring Flasks" (2021 Edition).
(6) Handbook 105-3 "Specifications and
				Tolerances for Graduated Neck Type Volumetric Field Standards" (2010
				Edition).
(7) Publication 14 (2021
				Edition).
(8) Publication 12 (1991
				Edition).
(9) Federal Grain
				Inspection Service Moisture Handbook (2006 Edition).
Added at 25 Ok Reg 1784, eff 7-1-08 ; Amended at 26 Ok Reg
					 1807, eff 7-1-09 ; Amended at 27 Ok Reg 901, eff 7-1-10 ; Amended at 28 Ok Reg
					 2169, eff 7-25-11 ; Amended at 29 Ok Reg 583, eff 7-1-12 ; Amended at 30 Ok Reg
					 787, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 1 - General Provisions › Section 35:10-1-4 - Fee schedule for weights and measures

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Owners or users requesting tests of weighing and measuring devices shall pay
				the following fees:
(1) VEHICLE SCALES (per
				indicator): $200.00
(2) RANCH AND
				ANIMAL SCALES (per indicator): $200.00
(3) PORTABLE PLATFORM SCALES (up to 1,000
				lbs.): $50.00
(4) PLATFORM SCALES
				(more than 1,000 lbs.): $150.00
(5)
				COUNTER AND COMPUTING:
(A) Up to 40 lbs.:
				$30.00
(B) More than 40 lbs.:
				$50.00
(6) GRAIN HOPPER
				SCALES: $400.00
(7) HANGING SCALES:
				$50.00
(8) OVERHEAD TRACK:
				$150.00
(9) PACKING SCALES:
(A) Up to 30 lbs.: $30.00
(B) Over 30 lbs.: $50.00
(10) OVER AND UNDER SCALES: $30.00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 3 - Eggs [Revoked] › Section 35:10-3-1 - Oklahoma standards [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  794, eff 5-12-03; Revoked at 21 Ok Reg 741, eff
				  5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 3 - Eggs [Revoked] › Section 35:10-3-2 - Methods of grading [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  794, eff 5-12-03; Revoked at 21 Ok Reg 741, eff
				  5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 3 - Eggs [Revoked] › Section 35:10-3-3 - Display of eggs for sale [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  794, eff 5-12-03; Revoked at 21 Ok Reg 741, eff
				  5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 3 - Eggs [Revoked] › Section 35:10-3-4 - Improper marking and signs; advertising [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  794, eff 5-12-03; Revoked at 21 Ok Reg 741, eff
				  5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 3 - Eggs [Revoked] › Section 35:10-3-5 - Grade labeling [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 20 Ok Reg
				  794, eff 5-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 3 - Eggs [Revoked] › Section 35:10-3-6 - Transportation of empty egg cases [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 20 Ok Reg
				  794, eff 5-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 3 - Eggs [Revoked] › Section 35:10-3-7 - Grade label exemption on cases [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 20 Ok Reg
				  794, eff 5-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 3 - Eggs [Revoked] › Section 35:10-3-8 - Display of egg license [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  794, eff 5-12-03; Revoked at 21 Ok Reg 741, eff
				  5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 3 - Eggs [Revoked] › Section 35:10-3-9 - Egg inspection fee permits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg 9,
				  eff 10-6-97 (emergency); Amended at 15 Ok Reg 2489, eff 6-25-98; Amended at 20
				  Ok Reg 794, eff 5-12-03; Revoked at 21 Ok Reg 741, eff
				  5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 3 - Eggs [Revoked] › Section 35:10-3-10 - Samples for inspections [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  794, eff 5-12-03; Revoked at 21 Ok Reg 741, eff
				  5-27-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 5 - Service Technicians and Service Agencies › Section 35:10-5-1 - General

Current through Vol. 41, No. 20, July 1, 2024
References in this subchapter refer to the inch-pound system
				  of weights and measures and shall likewise apply to equivalent applications of
				  the metric system and vice versa.
Added at 10 Ok Reg 2563,
				  eff 6-25-93
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 5 - Service Technicians and Service Agencies › Section 35:10-5-2 - Application

Current through Vol. 41, No. 20, July 1, 2024
(a) A Service Technician is an individual who
				applies and is approved for a license as qualified by training and/or
				experience to service any or all categories of commercial weighing and/or
				measuring device. Application for a license shall be made on a form supplied by
				the Department. This form, duly signed, shall certify that the applicant:
(1) Is fully qualified to service devices of
				all categories for which license is sought;
(2) Will use and has in possession all
				necessary testing equipment and tandards;
(3) Has full knowledge of all appropriate
				weights and measures laws, orders, rules, and regulations; and
(4) Has in possession a copy of the most
				recently published edition of "Handbook 44", The Oklahoma Weights and Measures
				Law, The Oklahoma Service Technician and Service Agency Act, associated rules,
				and regulations.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 5 - Service Technicians and Service Agencies › Section 35:10-5-3 - Qualifications

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Department of Agriculture
				shall review and evaluate the qualifications of each applicant for service
				technician and shall issue to qualified applicants a license card, including an
				assigned license number and designations that identify the service technician,
				the service agency by which the applicant is employed and the categories of
				devices that the service technician is authorized to place in
				service.
(b) The license must be in
				the possession of the service technician at all times during servicing or
				testing of weighing and measuring devices.
(c) To be licensed as a service technician,
				you must possess the following minimum qualifications:
(1) Satisfactory completion of manufacturer's
				approved training or service agency training in the servicing of each category
				of device that the applicant seeks to be licensed to service;
(2) Satisfactory completion of a one-year
				general apprenticeship under the supervision of a licensed service technician
				in each category of device that the applicant seeks to be licensed to service;
				and
(3) Ownership of, or employment
				by, a service agency that owns test equipment that meets the standards for
				minimum equipment set out in the category of devices.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 5 - Service Technicians and Service Agencies › Section 35:10-5-4 - Device Categories

Current through Vol. 41, No. 20, July 1, 2024
(a) Device Category
				1 shall include scales which fall into class I and/or II, whether designated by
				the manufacturer or not, pursuant to "Handbook 44" Section S.5.2. The minimum
				equipment necessary to service Category 1 scales shall be certified standards
				in amounts suitable to test devices in the category as specified in the most
				recently published edition of "Handbook 44" and the National Conference on
				Weights and Measures "(NCWM) Publication 12" Examination Procedures Outline
				(EPO's) For Weighing and Measuring Devices.
(b) Device Category 2 shall include scales
				which fall into class III, III L and/or IIII, whether designated by the
				manufacturer or not, pursuant to "Handbook 44". The minimum equipment necessary
				to service Category 2 scales shall be certified standards in amounts suitable
				to test device in said category as specified in the most recently published
				edition of Handbook 44 and NCWM Pub. 12 EPO's.
(c) Device Category 3 shall include moisture
				meters. The minimum equipment necessary to service moisture meters shall be
				certified standards in amounts suitable to test devices in the category as
				specified in the most recently published edition of the "Handbook 44". If
				offical grain samples are used to check meters, the grain sample moisture
				content must be determined by the oven test method referenced in the "Federal
				Grain Inspection Service (FGIS) Moisture Handbook," supplements, and
				revisions.)
Added at 10 Ok Reg 2563,
				  eff 6-25-93; Amended at 17 Ok Reg 1016, eff
				  5-11-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 5 - Service Technicians and Service Agencies › Section 35:10-5-6 - Filing of records and reports

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				licensed service technician who conducts tests on a commercial weighing and
				measuring device, at the time of testing and inspection, shall promptly furnish
				to the owner or operator of the device a report showing the results of the
				tests and inspection. A copy of this report must remain on file with the
				licensed service agency for a period of not less than three years. These
				records will be available during regular business hours to authorized agents of
				the Oklahoma Department of Agriculture.
(b) A placing in service report form along
				with a copy of the testing and inspection report on a commercial weighing and
				measuring device, which does not meet tolerances and specifications for
				commercial devices, must be sent within 5 calendar days to the Oklahoma
				Department of Agriculture. A copy of the service technician's report must be
				immediately given to the owner or user informing them that the device no longer
				meets "Handbook 44" requirements for a commercial device and must be removed
				from commercial service. A follow up inspection will be conducted by the
				Oklahoma Department of Agriculture to insure removal of device from commercial
				service.
Added at 10 Ok Reg 2563,
				  eff 6-25-93
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-1 - Receipts, records, and scale tickets

Current through Vol. 41, No. 20, July 1, 2024
(a) If a warehouseman delivers part of a lot
				of a commodity covered by one receipt, the original receipt shall be cancelled,
				and issue a new receipt covering the undelivered portion of the commodity when
				requested by the holder of the warehouse receipt.
(b) Warehouse receipts are serially numbered
				and the warehouseman shall account for all receipts.
(c) Upon termination or suspension of the
				public warehouse charter, all unused receipts shall be returned to the
				Board.
(d) Upon the delivery of a
				commodity, the original or negotiable warehouse receipt shall be surrendered to
				the warehouseman, marked "cancelled" in ink with the date of the cancellation
				and disposition of the commodity upon the face of the receipt, and filed in
				numerical sequence.
(e) Each
				warehouse shall provide proper protection for all printed forms and receipts
				provided by the Board and keep them available for audit at any regular office
				hours by the Board.
(f) Daily
				position record; a complete and accurate daily position record, on a form
				approved by the Board shall be maintained by the warehouseman, and updated each
				day there is a commodity transaction that affects the daily position
				record.
(g) Warehouse receipts and
				scale tickets shall be issued and maintained in series and numerical
				order.
Amended at 14 Ok Reg
				  3699, eff 8-7-97 (emergency); Amended at 15 Ok Reg 2490, eff 6-25-98; Amended
				  at 18 Ok Reg 1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-2 - Examination fees

Current through Vol. 41, No. 20, July 1, 2024
(a) The fee for
				each warehouse examination shall be figured progressively for each 10,000
				bushels or portion thereof of chartered storage capacity with a minimum
				examination fee of $100.00. The fee shall be:
(1) Minimum base or 1st 200,000 bu.:
				$100.00
(2) From 200,001 bu. -
				250,000 bu.: $5.00 per 10,000 bu.
(3) From 250,001 bu. - 500,000 bu.: $4.75 per
				10,000 bu.
(4) From 500,001 bu. -
				750,000 bu.: $4.50 per 10,000 bu.
(5) From 750,001 bu. - 1,000,000 bu.: $4.00
				per 10,000 bu.
(6) From 1,000,001
				bu. - 2,000,000 bu.: $3.50 per 10,000 bu.
(7) From 2,000,001 bu.- 10,000,000 bu.: $3.00
				per 10,000 bu.
(8) From 10,000,001
				bu. - : $1.00 per 10,000 bu.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-3 - Bonds

Current through Vol. 41, No. 20, July 1, 2024
(a) Each warehouseman shall furnish the Board
				with notice of cancellation, termination, or any change of insurance or bond on
				commodities stored in the warehouse.
(b) A surety shall provide notice by
				certified mail to the Department of Agriculture and the principle at least
				ninety (90) days before a bond is cancelled.
(c) In no event shall the liability of the
				surety on any bond required accumulate for more than one year during which the
				bond is in force.
Amended at 14 Ok Reg
				  3699, eff 8-7-97 (emergency); Amended at 15 Ok Reg 2490, eff 6-25-98; Amended
				  at 18 Ok Reg 1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-4 - Approval of temporary space

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Temporary space is space which does not meet standard requirements for
				conventional space and may be approved for use if the following minimum
				requirements are met.
(1) The temporary space
				shall be operated in conjunction with a conventional chartered elevator and the
				capacity to be approved shall be compatible with the warehouseman's operational
				and financial capabilities. Approval shall be on a "case by case" basis.
				Warehousemen shall advise the Board of their intent, with an application
				indicating location, construction, quantity to be stored, and estimated time of
				use.
(2) Application for approval
				shall be made only after completion of the structure.
(3) An asphalt or concrete floor shall be
				provided adequate to preserve the quality and quantity of
				commodities.
(4) Rigid sidewalls
				shall be used.
(5) Shall have
				necessary equipment such as a leg, conveyers, portable augers, or vaculators
				for handling, receiving, and loading out of the commodities. All storage units
				shall have either empty storage space to turn and condition the commodities or
				be equipped with proper ventilation such as air ducts and ventilation fans to
				keep the commodities from going out of condition.
(6) Acceptable covering shall be provided
				which shall preclude exposure of the commodities to normal rainfall.
(7) The space shall be immobile.
(8) Warehouseman agrees and signs a statement
				that all commodities shall be removed from the temporary structure by the
				following May 1, subject to the extension procedure specified in paragraph (b)
				below. The Board may accelerate these dates.
(9) Shall meet all inspection, examination,
				security, net worth, surety, and insurance requirements.
(10) The warehouseman shall maintain a
				separate record of total commodities stored in temporary space in addition to
				accounting for the commodities in the daily position record.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-5 - Approval of emergency space

Current through Vol. 41, No. 20, July 1, 2024
Emergency space is defined as space not meeting the standards
				  requirements for "conventional" or "temporary" space, but may be approved when
				  meeting minimum requirements listed below.
(1) Shall be operated in conjunction with an
				existing charter and warehouseman shall make application for approval to
				charter.
(2) Space shall be
				approved prior to utilization.
(3)
				Shall meet inspection, security, net worth, bonding, and insurance
				requirements.
(4) Space shall be
				under control of warehouseman.
(5)
				Warehouseman shall agree in writing to empty emergency storage space by March 1
				of the year following issuance with no provision for extension. The Board may
				accelerate this date.
(6) Emergency
				space shall not exceed an amount equal to the existing chartered storage
				capacity or net worth requirements.
(7) Mobile units may be approved on a
				case-by-case basis. If approved, the units shall remain in place where located
				at the time of approval.
(8) Ground
				piles shall have a base with proper drainage and secured to preclude intrusion
				of large animals, pets, or persons.
(9) Warehouseman shall have adequate
				handling, shipping, and conditioning equipment.
(10) Warehouseman shall maintain a separate
				record of total commodities stored in emergency storage space in addition to
				accounting for the commodities in the daily position record.
(11) Warehouseman shall sign a memorandum of
				understanding as to use of emergency space.
Amended at 14 Ok Reg
				  3699, eff 8-7-97 (emergency); Amended at 15 Ok Reg 2490, eff 6-25-98; Amended
				  at 18 Ok Reg 1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-6 - Commodity sales contracts

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Commodities which have been received at a chartered warehouse for which the
				actual sale price is not fixed with proper documentation or payment made, or a
				sales contract made, shall be construed to be commodities held for
				storage.
(b) All sales contracts
				for the purchase of commodities by the warehouseman shall be consecutively
				numbered and include the warehouse charter number. The contract shall define
				the exact terms of the contract, including but not limited to, who is the legal
				owner of the commodities.
(c) All
				delayed pricing or deferred payment contracts shall comply with 35:10-7-6(b)
				and shall:
(1) Provide that title to the
				commodities passes from the seller to the buyer upon signing of the deferred
				pricing contract;
(2) Provide that
				no storage is charged by the buyer under the terms of the contract; however,
				maintenance and service fees may be charged under the terms of the contract
				mutually agreed upon by buyer and seller; and
(3) Contain language in bold, capital print
				that is at least in a ten (10) point type or font size, and initialed by the
				producer that commodities sold under the delayed pricing or deferred payment
				contracts are not covered by the Commodity Storage Indemnity Fund.
(4) Delayed pricing or deferred payment
				contracts shall be considered a voluntary extension of credit and shall not be
				covered by the surety bond of the chartered facility or the Commodity Storage
				Indemnity Fund.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-7 - Examination of warehouse

Current through Vol. 41, No. 20, July 1, 2024
(a) If it is
				necessary to establish proof of law or rule violation, a special investigation
				of the chartered warehouse shall be conducted by the Board. The Board may
				contact the warehouseman, the warehouseman's employees, or any other interested
				party to gain information for the investigation.
(b) If a subsequent examination determines
				that a warehouseman is in a short position, or has operated in a short position
				for longer than 72 hours since their last examination, a follow up examination
				shall be ordered and the warehouseman shall be charged for the cost of this
				examination. If during this follow up examination it is determined that the
				warehouseman remains in a short position or has operated in a short position
				after a designated date, a three (3) month examination schedule shall be
				initiated and shall continue until the warehouseman has two (2) correct
				consecutive examinations.
(c) Any
				shortage position of either quantity or quality is a violation of the Public
				Warehouse and Commodity Indemnity Act and shall be subject to the
				penalties.
(d) If a warehouseman
				fails to keep adequate commodity records, such as a daily position record, open
				storage list, or warehouse receipt register, etc., or in the event the
				commodity records are significantly incorrect, a second examination shall be
				ordered and the warehouseman shall be assessed a fee for the examination as per
				the schedule in
				35:10-7-2.
(e) If a warehouseman has a shortage of
				stored on hand commodities, the warehouseman shall correct the position of the
				facility within 72 hours by a valid warehouse receipt or a written receipt
				verifying the cash purchase of grain. Failure to correct unreasonable shortages
				by the end of the 72 hour period shall allow the Board to initiate the
				suspension or revocation of the warehouseman's charter in accordance with the
				Administrative Procedures Act.
(f)
				If a warehouseman allows the quality of stored on hand commodities to be
				diminished, the warehouseman shall correct the position of the facility within
				72 hours by replacing any damaged or out of condition grain with grain equal in
				quality to that which was originally delivered by the producer or securing a
				bond, certificate of deposit, or irrevocable letter of credit in an amount
				equal to or greater than the difference between the dollar value of the grain
				delivered and the dollar value of the reduced quality grain. Failure to correct
				an unreasonable quality change of commodities by a warehouseman shall allow the
				Board to initiate a suspension or revocation of the charter in accordance with
				the Administrative Procedures Act.
Amended at 14 Ok Reg
				  3699, eff 8-7-97 (emergency); Amended at 15 Ok Reg 2490, eff 6-25-98; Amended
				  at 18 Ok Reg 1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-8 - Warehouse safety

Current through Vol. 41, No. 20, July 1, 2024
Each warehouseman shall provide that which is in their
				  control, buildings, equipment, surroundings and working conditions that are not
				  unsanitary, hazardous, or dangerous to the health and safety of the examiner.
				  If adverse conditions exist, the examiner may refuse to complete the
				  examination.
Amended at 18 Ok Reg
				  1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-10 - Charter effective date

Current through Vol. 41, No. 20, July 1, 2024
Effective July 1, 1997 all state commodity warehouses will
				  only be chartered and all licenses will become null and void. All state
				  licensed warehouses will automatically be issued a charter. A one-time charge
				  of one hundred dollars ($100.00) for each charter will be due on that date or
				  shall accompany the application for a new
				  charter
.
Amended at 14 Ok Reg
				  3699, eff 8-7-97 (emergency); Amended at 15 Ok Reg 2490, eff 6-25-98; Amended
				  at 18 Ok Reg 1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-11 - Surety application; minimum submission date

Current through Vol. 41, No. 20, July 1, 2024
Any warehouseman electing to purchase coverage under the
				  state surety required in Section 9-22(B) of the Oklahoma Public Warehouse and
				  Commodity Indemnity Act, shall submit the surety application a minimum of 30
				  days prior to receiving an Oklahoma Public Warehouse Charter.
Amended at 14 Ok Reg
				  3699, eff 8-7-97 (emergency); Amended at 15 Ok Reg 2490, eff 6-25-98; Amended
				  at 18 Ok Reg 1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-12 - Financial statement

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant
				for an original public warehouse charter and all holders of Oklahoma public
				warehouse charters shall submit the following documents prepared by an
				independent Certified Public Accountant: a current financial statement annually
				within ninety (90) days followingyear end close of business and a report of
				audit or review. The financial statement shall be submitted on a form supplied
				by the Board and include a balance sheet showing the current and deferred
				assets and liabilities of the applicant or the charter holder, a statement of
				income, a statement of retained earnings, a statement of changes in financial
				position, and notes sufficient to explain the details contained in the
				financial statement. If the warehouseman is using depreciated property at fair
				market value, the warehouseman shall submit a certified appraisal and proof of
				insurance.
(b) The financial
				statement accompanying an applicant's original application shall show a
				statement closing date that is within six (6) months of the date of
				application.
(c) If a
				warehouseman's financial statement indicates a current assets to current
				liability ratio of less than one point one (1.1) to one (1), the Board shall
				require two (2) examinations to be conducted annually.
Amended at 14 Ok Reg
				  3699, eff 8-7-97 (emergency); Amended at 15 Ok Reg 2490, eff 6-25-98; Amended
				  at 18 Ok Reg 1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-13 - Prepositioning of commodities and storage considerations

Current through Vol. 41, No. 20, July 1, 2024
(a) Any warehouseman prior to prepositioning
				of any commodity, shall make written request, giving reason for prepositioning,
				estimated time to be out of position, and warehouse receiving the commodity to
				be moved. Prepositioned commodities shall be handled by the examiners in the
				same manner as forwarded commodities. Warehousemen shall not issue warehouse
				receipts in excess of their chartered capacity.
(b) Grain deposited in a chartered warehouse
				for processing and which is commonly referred to as "grain bank" grain, shall
				be considered to be the same as storage grain and subject to the same rules as
				storage grain.
(c) Commodities
				stored in unchartered storage for any reason other than as specified in the
				Public Warehouse and Commodity Indemnity Act, shall not be considered as
				commodities in store.
Amended at 14 Ok Reg
				  3699, eff 8-7-97 (emergency); Amended at 15 Ok Reg 2490, eff 6-25-98; Amended
				  at 18 Ok Reg 1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-14 - Warehouse suitability; physical conditions

Current through Vol. 41, No. 20, July 1, 2024
(a) In determining the suitability of
				warehouses for the storing, shipping, and conditioning of agricultural
				commodities, the Board shall consider:
(1) The
				physical condition of the warehouse and its ability to withstand weather
				conditions which may cause deterioration of the agricultural commodities
				stored.
(2) That warehouse has
				sufficient aeration to control temperature and moisture of the commodity
				stored.
(3) That warehouse has
				permanent flooring capable of supporting the commodity.
(4) Whether the warehouse has handling
				equipment sufficient to transfer commodities in and out of the warehouse and to
				maintain quality of the commodities while in storage.
(5) Whether warehouse has scales of
				sufficient capacity to efficiently and accurately weigh commodities.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-15 - Weighers and graders permit

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				applicant, in order to qualify for a weighers and graders permit issued by the
				Board, as evidence of their competence, shall pass a test composed of a written
				and practical application. The test shall be administered following each
				approved grain grading school by a representative of the Board. First-time
				permit applicants shall complete all practical applications at the
				school.
(b) A weighers and graders
				permit shall remain in force as long as the permit holder is employed by a
				state chartered warehouse and completes a grain grading class approved by the
				Board at least one (1) time each five (5) years. If the permit holder fails to
				complete an approved class, the permit shall automatically terminate.
(c) A temporary permit may be granted for a
				period of one year upon written request to the Department by the applicant and
				upon completion of training by the Department.
Amended at 14 Ok Reg
				  3699, eff 8-7-97 (emergency); Amended at 15 Ok Reg 2490, eff 6-25-98; Amended
				  at 18 Ok Reg 1439, eff 5-25-01; Amended at 24 Ok Reg 7, eff 8-7-06 (emergency);
				  Amended at 24 Ok Reg 1742, eff 6-25-07
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-16 - Grade standards

Current through Vol. 41, No. 20, July 1, 2024
The term grade as used in the Public Warehouse and Commodity
				  Indemnity Act is interpreted to refer to the standards adopted for commodities
				  defined in the United States Grain Standards Act and applicable
				  rules.
Amended at 18 Ok Reg
				  1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-17 - Collection of indemnity assessment

Current through Vol. 41, No. 20, July 1, 2024
Terminal warehousemen (State or Federal) who store
				  commodities for out of state producers, shall collect and remit to the Board
				  the indemnity assessment on these commodities.
Amended at 18 Ok Reg
				  1439, eff 5-25-01
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-18 - Responsibility of the depositor

Current through Vol. 41, No. 20, July 1, 2024
Any depositor who knowingly or negligently offers for deposit
				  or for sale commodities which have been contaminated by chemicals which affect
				  the marketability of the commodity or have been determined to be a threat to
				  the health or safety of the public or who shall knowingly or negligently
				  conceal any condition or substance that affects the marketability of a
				  commodity, shall be in violation of the Oklahoma Public Warehouse and Commodity
				  Indemnity Act and may be punished and/or fined as provided by applicable law
				  and rules.
Added at 14 Ok Reg 3699,
				  eff 8-7-97 (emergency); Added at 15 Ok Reg 2490, eff
				  6-25-98
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 7 - Public Warehouses › Section 35:10-7-19 - Responsibility of the warehouseman

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				warehouseman who knowingly or negligently stores grain in a manner which causes
				commodities to be spoiled or degraded or disposes of spoiled or degraded
				commodities improperly shall be in violation of the Oklahoma Public Warehouse
				and Commodity Indemnity Act and may be fined as provided by applicable law and
				rules.
(b) This section shall
				apply to all warehousemen who hold a federal or state charter.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 9 - Packaging and Labeling of Products › Section 35:10-9-1 - Packaging and labeling of products

Current through Vol. 41, No. 20, July 1, 2024
The Board adopts the "Uniform Packaging and Labeling
				  Regulation" as approved by the National Conference on Weights and Measures and
				  published in Handbook 130, "Uniform Laws and Regulations", supplements, and
				  revisions.
Amended at 17 Ok Reg
				  1016, eff 5-11-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 11 - Checking the Net Contents of Packaged Goods › Section 35:10-11-1 - Sampling procedures

Current through Vol. 41, No. 20, July 1, 2024
The Board adopts and will employ the sampling procedures as
				  approved by the National Conference on Weights and Measures and published in
				  Handbook 133 "Checking the Net Contents of Packaged Goods," supplements, and
				  revisions.
Amended at 17 Ok Reg
				  1016, eff 5-11-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 13 - Method of Sale of Commodities › Section 35:10-13-1 - Method of Sale of food and non-food commodities

Current through Vol. 41, No. 20, July 1, 2024
The Board adopts the "Uniform Regulations for the Method of
				  Sale of Commodities" as approved by the National Conference on Weights and
				  Measures and published in Handbook 130, "Uniform Laws and Regulations",
				  supplements, and revisions.
Amended at 17 Ok Reg
				  1016, eff 5-11-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 15 - National Type Evaluation Program › Section 35:10-15-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise.
"Certificate of Conformance"
means a document
				  issued by the National Institute of Standards and Technology and/or the
				  National Conference on Weights and Measures based on testing in participating
				  laboratories, this document constitutes evidence of conformance of a type with
				  the requirements of Handbook 44 and the National Institute of Standards and
				  Technology Handbook 105-1, 105-2, or 105-3.
"National Type Evaluation Program"
means a
				  program of cooperation between the National Institute of Standards and
				  Technology, the National Conference on Weights and Measures, other Federal
				  Agencies, the States, and the private sector for determining, on a uniform
				  basis, conformance of a type with the relevant provisions as approved by the
				  National Conference on Weights and Measures published in Handbook 44,
				  "Specifications, Tolerances and Other Technical Requirements for Weighing and
				  Measuring Devices," and the National Conference on Weights and Measures,
				  Publication 14, "National Type Evaluation Program, Administrative Procedures,
				  Technical Policy, Checklist and Test Procedures".
"Participating laboratory"
means any State
				  Measurement Laboratory that has been accredited by the National Institute of
				  Standards and Technology or accrediting authority, in accordance with its
				  program for the Certification of Capability of State Measurement Laboratories,
				  any State Weights and Measures Agency, or other laboratory that has been
				  authorized to conduct a type evaluation under the National Type Evaluation
				  Program.
"Type"
means a model or models of a particular
				  measurement system, instrument, element, or field standard that positively
				  identifies the design. A specific type may vary in its measurement ranges,
				  size, performance, and operating characteristics as specified in the
				  Certificate of Conformance.
"Type evaluation"
means the testing,
				  examination, and/or evaluation of a type by a Participating Laboratory under
				  the National Type Evaluation Program.
Amended at 17 Ok Reg
				  1016, eff 5-11-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 15 - National Type Evaluation Program › Section 35:10-15-2 - Application

Current through Vol. 41, No. 20, July 1, 2024
This subchapter shall apply to all classes of devices and
				  equipment (except for cotton bale weighing devices at cotton gins in Oklahoma)
				  as specified by the National Conference on Weights and Measures and published
				  in Handbook 44 and the National Institute of Standards and Technology Handbook
				  105-1, 105-2, and 105-3.
Amended at 17 Ok Reg
				  1016, eff 5-11-00; Amended at 20 Ok Reg 15, eff 10-8-02 (emergency); Amended at
				  20 Ok Reg 795, eff 5-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 15 - National Type Evaluation Program › Section 35:10-15-3 - Certificate of Conformance

Current through Vol. 41, No. 20, July 1, 2024
The Board shall require any weight, measure, or weighting and
				  measuring instrument or device (except for cotton bale weighing devices at
				  cotton gins in Oklahoma) to be issued a Certificate of Conformance prior to its
				  use for commercial or law enforcement purposes.
Amended at 17 Ok Reg
				  1016, eff 5-11-00; Amended at 20 Ok Reg 15, eff 10-8-02 (emergency); Amended at
				  20 Ok Reg 795, eff 5-12-03
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 15 - National Type Evaluation Program › Section 35:10-15-4 - Participating laboratory

Current through Vol. 41, No. 20, July 1, 2024
The Board is authorized to operate a Participating Laboratory
				  as part of the National Type Evaluation Program. In this regard, the Board is
				  authorized to charge and collect fees for type evaluation services commensurate
				  with the expense incurred to conduct such services.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 17 - Open Dating [REVOKED] › Section 35:10-17-1 - Open dating for perishable and semi-perishable commodities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 17 Ok Reg
				  1016, eff 5-11-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 10 - Agricultural Products › Subchapter 19 - Examination Procedures for Price Verification › Section 35:10-19-1 - Examination procedures for price verification [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 1016,
				  eff 5-11-00; Revoked at 28 Ok Reg 2169, eff
				  7-25-11
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 13 - Fuel Alcohol [REVOKED] › Section 35:13-1-1 - Incorporation by reference of federal distilled spirits for fuel use regulations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 2143, eff 6-25-06 ; Amended at 24 Ok Reg
				  1743, eff 6-25-07 ; Amended at 26 Ok Reg 1381, eff 7-1-09 ; Amended at 27 Ok
				  Reg 902, eff 7-1-10 ; Amended at 28 Ok Reg 2170, eff 7-25-11 ; Amended at 29 Ok
				  Reg 1689, eff 8-1-12 ; Amended at 30 Ok Reg 788, eff
				  7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 13 - Fuel Alcohol [REVOKED] › Section 35:13-1-2 - Deleted regulations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 2143, eff 6-25-06 ; Amended at 24 Ok Reg
				  1743, eff 6-25-07 ; Amended at 26 Ok Reg 1381, eff 7-1-09 ; Amended at 27 Ok
				  Reg 902, eff 7-1-10 ; Amended at 28 Ok Reg 2170, eff 7-25-11 ; Amended at 29 Ok
				  Reg 1689, eff 8-1-12 ; Amended at 30 Ok Reg 788, eff
				  7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 13 - Fuel Alcohol [REVOKED] › Section 35:13-1-4 - Permit required [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 2143,
				eff 6-25-06; Amended at 24 Ok Reg 1743, eff
				6-25-07
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 15 - Animal Industry › Subchapter 1 - General Provisions › Section 35:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) This Chapter relates to statutes assigned
				to the Animal Industry Services with responsibility for Animal
				Health.
(b) The division is
				responsible for the detection, eradication, and control of livestock and
				poultry diseases and parasites. Specific responsibilities include detecting,
				controlling and eradicating livestock diseases on farms and ranches, in auction
				markets, feedlots and other concentration points throughout the state;
				monitoring the interstate and intrastate movement of animals and poultry to
				verify compliance with state and federal laws, rules, and regulations;
				controlling the use of vaccines and biologics; and preventing the spread of
				diseases transmissible to man.
Amended at 23 Ok Reg 2144, eff 6-25-06 ; Amended at 30 Ok
					 Reg 788, eff 7-1-13