US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 2.

AGRICULTURE

_________

§211.  Short title.

This act shall be known as the Oklahoma Agricultural Code.

Laws 1970, c. 260, § 19, emerg. eff. April 22, 1970. EC=1>

§2-1-2.  State Department of Agriculture - Establishment - Composition.

The State Department of Agriculture shall consist of the State Board of Agriculture, the divisions, and other positions and offices as established by law and by the Board.

Added by Laws 1955, p. 1, art. 1, § 1, emerg. eff. June 3, 1955.  Amended by Laws 2000, c. 243, § 1, emerg. eff. May 24, 2000.

§2-1-3.  Definitions.

For the purposes of the Oklahoma Agricultural Code, unless the context indicates otherwise:

1.  "Authorized agent" means a person who has been authorized by the State Board of Agriculture to act on behalf of the Board in making investigations, inspections, performing other services, or doing any particular act or acts which have been vested by the Oklahoma Agricultural Code in the Board.  A written or printed commission signed by the President of the Board shall be proof that the holder has lawful authority to act on behalf of the Board in implementing the Oklahoma Agricultural Code;

2.  "Board" means the State Board of Agriculture;

3.  "Code" means the Oklahoma Agricultural Code;

4.  "Department" means the Oklahoma Department of Agriculture, Food, and Forestry and its employees, officers, and divisions.  Whenever the name "Department of Agriculture" appears in any law, contract or other document, it shall be deemed to refer to the Oklahoma Department of Agriculture, Food, and Forestry;

5.  "Director" means the Director of a division established in the Oklahoma Department of Agriculture, Food, and Forestry;

6.  "License" means a written document issued by the Board granting authority to a person to engage in a business, occupation, or activity;

7.  "Livestock" or "animals" means any cattle, bison, horses, sheep, goats, asses, mules, swine, domesticated rabbits, and chickens, turkeys, and other domesticated fowl, and any animal or bird in captivity;

8.  "Permit" means a written document issued by the Board giving consent for a person to engage in an activity;

9.  "Person" means the state, any municipality, political subdivision, institution, individual, public or private corporation, partnership, association, firm, company, public trust, joint-stock company, trust, estate, state or federal agency, other governmental entity, or any other legal entity or an agent, employee, representative, assignee or successor thereof;

10.  "President" means the President of the State Board of Agriculture.  The President of the State Board of Agriculture shall also be designated as the Commissioner of Agriculture;

11.  "Producer" means any person planting, raising, growing, or harvesting agricultural products;

12.  "Quarantine" means a written document issued by the Board to restrict the movement of animals, birds, plants, or agricultural commodities into or out of a specified area for the control or prevention of diseases or pests; and

13.  "Stop sale order" or "stop use order" means a written or printed order signed by the President or authorized agent of the Board, prohibiting the sale, offering for sale, exposure for sale, or use of any agricultural product, article, device, service, or commodity covered by the Oklahoma Agricultural Code.

Added by Laws 1955, p. 1, art. 1, § 3, emerg. eff. June 3, 1955.  Amended by Laws 1965, c. 177, § 1; Laws 1972, c. 89, § 1, emerg. eff. March 28, 1972; Laws 1992, c. 296, § 1, emerg. eff. May 26, 1992; Laws 1996, c. 138, § 1, emerg. eff. May 1, 1996; Laws 2000, c. 243, § 2, emerg. eff. May 24, 2000; Laws 2002, c. 173, § 2, emerg. eff. May 6, 2002; Laws 2003, c. 3, § 1, emerg. eff. March 19, 2003; Laws 2005, c. 292, § 1, eff. July 1, 2005.

NOTE:  Laws 2002, c. 187, § 1 repealed by Laws 2003, c. 3, § 2, emerg. eff. March 19, 2003.

§2-1-4.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-2-1.  Membership - Appointment and qualifications - Vacancies.

A.  1.  The State Board of Agriculture shall be the Board of Agriculture created by Section 31 of Article VI of the Oklahoma Constitution.  The Board shall consist of five (5) members appointed by the Governor, with the advice and consent of the Senate.  Four of such members shall be appointed from within and represent the agricultural district established by subsection B of this section.  One member shall be appointed from the state at large.

2.  The members shall be farmers who have:

a. at least five (5) years practical experience during the ten (10) years immediately preceding their appointment, and

b. lived on and operated a farm after reaching the age of twentyone (21) years.

B.  For the purpose of appointments to the Board, four agricultural districts are hereby created and shall consist of the following counties:

DISTRICT COUNTIES

NO.

1.........Atoka, Bryan, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, LeFlore, Marshall, McCurtain, McIntosh, Muskogee, Okfuskee, Okmulgee, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Seminole and Sequoyah.

2.........Adair, Cherokee, Craig, Creek, Delaware, Kay, Lincoln, Logan, Mayes, Noble, Nowata, Oklahoma, Osage, Ottawa, Pawnee, Payne, Rogers, Tulsa, Wagoner and Washington.

3.........Alfalfa, Beaver, Blaine, Cimarron, Custer, Dewey, Ellis, Garfield, Grant, Harper, Kingfisher, Major, Roger Mills, Texas, Woods and Woodward.

4.........Beckham, Caddo, Canadian, Carter, Cleveland, Comanche, Cotton, Garvin, Grady, Greer, Harmon, Jackson, Jefferson, Kiowa, Love, McClain, Murray, Stephens, Tillman and Washita.

C.  One member of the Board shall be appointed from each district.

D.  1.  On the effective date of this act, each district established by subsection B of this section shall be represented by the current board member position as follows:

a. the board member position currently representing District 5 shall represent the new District 1,

b. the board member position currently representing District 2 shall represent the new District 2,

c. the board member position currently representing District 1 shall represent the new District 3, and

d. the board member position currently representing District 4 shall represent the new District 4.

2.  The board member position currently serving District 3 shall be terminated.

3.  Except as otherwise provided in this subsection, all board members serving on the effective date of this act shall serve the remainder of the term of office to which the board member was originally appointed.  Thereafter, successor board members shall be appointed for terms of four (4) years.  The at-large member shall serve a term coterminous with that of the Governor.

4.  In case of vacancy caused by the removal, death, resignation, or disability of any member, the Governor shall appoint a new member from the same district for which a vacancy was vacated to serve for the unexpired term.

Added by Laws 1955, p. 2, art. 2, § 1, emerg. eff. June 3, 1955.  Amended by Laws 1965, c. 480, § 1, emerg. eff. July 14, 1965; Laws 2000, c. 243, § 3, emerg. eff. May 24, 2000; Laws 2003, c. 242, § 8, emerg. eff. May 23, 2003.

§2-2-2.  Compensation - Meetings.

Members of the State Board of Agriculture shall receive actual expenses of travel pursuant to the State Travel Reimbursement Act.  The Board shall meet once each month in regular session but not more than six (6) days in any calendar month.  Special meetings of the Board may be held at such time and place as set by the President or at the time and place petitioned for by three members of the Board.

Added by Laws 1955, p. 2, art. 2, § 2.  Amended by Laws 1977, c. 241, § 1; Laws 1985, c. 178, § 1, operative July 1, 1985; Laws 2000, c. 243, § 4, emerg. eff. May 24, 2000.

§2-2-3.  Officers.

A.  The at-large member appointed by the Governor, pursuant to Section 2-1 of this title, shall be the President of the State Board of Agriculture and shall serve at the pleasure of the Governor.

B.  The President shall be the executive officer of the Board and, in the absence of the Board, shall, subject to approval of the Board, perform all of the duties imposed by law.

C.  The Board shall elect a Secretary who shall not be a member of the Board.  The Board shall fix the duties of the person appointed.

Added by Laws 1955, p. 2, art. 2, § 3, emerg. eff. June 3, 1955.  Amended by Laws 2000, c. 243, § 5, emerg. eff. May 24, 2000; Laws 2003, c. 242, § 9, emerg. eff. May 23, 2003.

§2-2-4.  Powers of Board.

A.  The State Board of Agriculture shall have the power to:

1.  Adopt and prescribe the use of a seal, which shall be in the custody of the Secretary of the Board;

2.  Promulgate rules necessary, expedient, or appropriate to the performance, enforcement, or carrying out of any of the purposes, objectives, or provisions of the Oklahoma Agricultural Code;

3.  Initiate and prosecute administrative, civil, or criminal actions and proceedings necessary under the Oklahoma Agricultural Code;

4.  Appoint authorized agents to make inspections or investigations and to perform other services for the Board or any division of the Oklahoma Department of Agriculture, Food, and Forestry;

5.  Consolidate any of the divisions established by the Oklahoma Agricultural Code, transfer any of the functions or activities to another division, place additional functions or activities in a division, establish new divisions, and create new or additional positions in the Department, when conducive to a more efficient administration and enforcement of laws pertaining to agriculture;

6.  Sell, exchange, or dispose of property;

7.  Have jurisdiction over all matters affecting animal industry, animal health, and animal quarantine;

8.  Issue stop-sale and stop-use orders and quarantines;

9.  Employ, appoint, or contract and fix the duties and compensation of the director of each division of the Department and other personnel, either on a full-time, part-time, or contractual basis, as deemed necessary by the Board;

10.  Fix the qualifications of the personnel in the Department;

11.  Accept and use grants of money and other property from any source;

12.  Advise, consult, cooperate, and enter into agreements or contracts with persons as defined in the Oklahoma Agricultural Code;

13.  Coordinate with the federal government and other states on matters pertaining to agriculture;

14.  Revoke, suspend, or deny for up to one (1) year, any license, permit, or charter issued by the Board if the Board finds any violations of the Oklahoma Agricultural Code or any rule of the Board;

15.  Adopt a master plan and promulgate rules for the protection of state-owned and private forestry, grazing, and other lands from damage by fire and for suppressing fires on lands.  In carrying out the master plan the Board is authorized to enter into contractual agreements with the federal government, local political subdivisions of the state, individuals, private organizations, companies, and corporations for protection and for the suppression of fires and to expend funds as available for these services.  To effectuate the purposes of the Oklahoma Agricultural Code, the Board is authorized to enter into contractual agreements with private landowners for the protection and suppression of fires, provided that the private landowners reimburse the Board for actual expenses incurred in the protection and suppression of fires on privately owned lands;

16.  Have jurisdiction over all matters affecting agriculture as contained and set out in the Oklahoma Agricultural Code, which have not been expressly delegated to another state or federal agency and be responsible for fully implementing and enforcing the laws and rules within its jurisdictional areas of environmental responsibility.

a. The Department of Environmental Quality shall have environmental jurisdiction over:

(1) commercial manufacturers of fertilizers, grain and feed products, and chemicals, and over manufacturing of food and kindred products, tobacco, paper, lumber, wood, textile mill, and other agricultural products,

(2) slaughterhouses, but not including feedlots at these facilities, and

(3) aquaculture and fish hatcheries, including, but not limited to, discharges of pollutants and storm water to waters of the state, surface impoundments and land application of wastes and sludge, and other pollution originating at these facilities.

b. Facilities storing grain, feed, seed, fertilizer, and agricultural chemicals that are required by federal National Pollutant Discharge Elimination System (NPDES) regulations to obtain a permit for storm water discharges shall only be subject to the jurisdiction of the Department of Environmental Quality with respect to storm water discharges;

17.  Have jurisdiction over all matters affecting the importation, health, and quarantining of exotic livestock;

18.  Prescribe forms of application, certification, licenses, charters, and other forms and blanks as may be necessary to carry out the provisions of the Oklahoma Agricultural Code;

19.  Stagger throughout the year the renewal dates for any licenses or permits issued by the Department pursuant to the provisions of the Oklahoma Agricultural Code by notifying licensees in writing of the expiration and renewal date being assigned to the licensee and permittee and by making an appropriate adjustment in the fee charged for the license or permit;

20.  Establish and collect fees for licenses, permits, charters, and services provided.  The fees shall be promulgated in accordance with the Administrative Procedures Act and shall be fair and equitable to all parties concerned;

21.  Establish planting and harvesting seasons for the purpose of meeting the maximum driving and on-duty time exemptions set forth in the National Highway System Designation Act of 1995.  The Board shall notify the United States Secretary of Transportation of the seasons;

22.  Fix and adopt official standards for grading and classifying any agricultural commodity, meat, or meat product prepared, produced, or distributed in Oklahoma;

23.  Promulgate rules, make investigations, and conduct hearings for the purpose of making inspection compulsory on any agricultural commodity and designate the shipping points where compulsory inspection applies;

24.  Inspect agricultural commodities, at any time, upon request of any financially interested party or when necessary and to issue certificates showing the quality and condition of the commodities at the time of the inspection;

25.  Grade meat or meat products upon the request of any packing plant in Oklahoma.  The packing plant shall be required to pay the cost of services, including the compensation and expenses of personnel employed to perform the actual grading;

26.  Apply to the district court for a temporary or permanent injunction or any other remedy restraining any person from violating the Oklahoma Agricultural Code;

27.  Extend and implement the powers and provisions granted by the Oklahoma Agricultural Code to all programs administered by the Department regardless of whether the statutes creating the program are codified in this title;

28.  Increase its efforts to ensure the safety and quality of food and food products for wholesalers and retail sales in this state and shall include, but not be limited to, inspections of retailers and wholesalers to ensure compliance with all federal and state certification standards;

29.  Exercise all incidental powers which are necessary and proper to implement and administer the purposes of the Oklahoma Agricultural Code; and

30.  Accept upon behalf of the Department any gift or donation of property, including but not limited to monetary gifts.

B.  1.  If upon inspection or investigation, or whenever the Oklahoma Department of Agriculture, Food, and Forestry determines that there are reasonable grounds to believe that any person is in violation of any part of the Oklahoma Environmental Quality Code which is the responsibility and jurisdiction of the Oklahoma Department of Agriculture, Food, and Forestry, any rule promulgated by the State Board of Agriculture, or of any order, permit, certificate, registration, charter, or license issued by the Board, the Department may give written notice to the alleged violator of the specific violation and of the alleged violator's duty to correct the violation immediately or within a set time period or both and that the failure to do so shall result in administrative fines or penalties.

2.  Whenever the Department finds that an emergency exists requiring immediate action to protect the public health, welfare, or the environment, the President of the State Board of Agriculture may without notice or hearing issue an order, effective upon issuance, reciting the existence of an emergency and requiring that action be taken as specified in the order to meet the emergency.  Any person to whom an order is directed shall comply immediately but may request an administrative enforcement hearing within fifteen (15) days after the order is served.  The hearing shall be held by the Department within ten (10) days after receipt of the request.  On the basis of the hearing record, the President of the Board shall sustain or modify the original order.

Added by Laws 1955, p. 2, art. 2, § 4, emerg. eff. June 3, 1955.  Amended by Laws 1965, c. 389, § 1; Laws 1967, c. 253, § 1, emerg. eff. May 8, 1967; Laws 1993, c. 145, § 246, eff. July 1, 1993; Laws 1993, c. 324, § 43, eff. July 1, 1993; Laws 1994, c. 140, § 25, eff. Sept. 1, 1994; Laws 1996, c. 7, § 1, emerg. eff. March 19, 1996; Laws 1999, c. 413, § 10, eff. Nov. 1, 1999; Laws 2000, c. 243, § 6, emerg. eff. May 24, 2000; Laws 2001, c. 430, § 2, eff. Nov. 1, 2001; Laws 2002, c. 173, § 3, emerg. eff. May 6, 2002; Laws 2004, c. 100, § 1, eff. July 1, 2004.

§2-2-4a.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-2-4b.  Reciprocal agreements.

A.  The Commissioner of the State Department of Agriculture may enter into reciprocal agreements with:

1.  A state agriculture agency or corresponding agency of another state, or with the person, board, officer, or commission authorized to act on behalf of that department or agency having jurisdiction affecting the importation, health, inspection, investigation, control, prevention, and eradication of contagious and infectious diseases of livestock; and

2.  Another state or with the person, board, officer, or commission authorized to act on behalf of the other state relating to theft of livestock and to farming equipment and farm implements.

B.  The Commissioner of the State Department of Agriculture shall, upon the written request of a state agriculture agency or other corresponding agency of any other state or of any person, board, officer, or commission of the state authorized to act for and on behalf of such department or corresponding agency, maintain actions in the courts of this state upon judgments and demands arising in the other state in the same manner and to the same extent that the actions by the Commissioner are authorized when arising in this state; provided, however, that the actions may be commenced and maintained only in those cases where the other state by appropriate legislation or by reciprocal agreement extends a like policy or approach to cases arising in the state.

Added by Laws 2001, c. 430, § 1, eff. Nov. 1, 2001.

§2-2-5.  Official agency.

Except for matters which have been expressly delegated to another state agency, the State Board of Agriculture shall be the official agency of the State of Oklahoma in the relations of this state with the United States Department of Agriculture, any other federal agency, or any agency or person of this or another state on matters pertaining to sampling, inspection, and grading of agricultural products, and other regulatory matters in the field of agriculture.

Added by Laws 1955, p. 3, art. 2, § 5.  Amended by Laws 1993, c. 145, § 247, eff. July 1, 1993; Laws 2000, c. 243, § 7, emerg. eff. May 24, 2000.

§2-2-6.  Advisory or consulting committees - Appointment.

The State Board of Agriculture shall have authority to appoint advisory or consulting committees from the residents of the state who are interested in the various phases of agriculture, either in conservation, production, processing, regulation, or sale of agricultural products.

Added by Laws 1955, p. 3, art. 2, § 6.  Amended by Laws 2000, c. 243, § 8, emerg. eff. May 24, 2000.

§2-2-7.  Records and files as evidence - Enforcement of penalties and fines.

A.  The records, files, and books of the State Board of Agriculture shall be receivable as evidence.  The rules and orders of the Board, when published, shall be public notice and shall have the force and effect of law and be judicially noticed and considered.  When orders of the Board consist of local rules or orders of quarantine, the order may be provable in the same manner as a return of service.

B.  Administrative penalties, civil penalties, and other fines imposed pursuant to the provisions of the Oklahoma Agricultural Code shall be enforced in the same manner in which civil judgments may be enforced.  For purposes of enforcement final orders shall be recorded in the office of the clerk of the district court of Oklahoma County and, upon such recording and application therefor, all appropriate writs and process shall be issued and shall be enforced by the court.

Added by Laws 1955, p. 3, art. 2, § 7, emerg. eff. June 3, 1955.  Amended by Laws 2000, c. 243, § 9, emerg. eff. May 24, 2000; Laws 2004, c. 60, §1, emerg. eff. April 6, 2004.

§2-2-8.  Certified copies as evidence.

Duly-certified copies of any book, record, file, or proceeding, or any part, shall be competent as a matter of evidence in court when certified as a copy by the officer in charge of the book, file, record proceeding or part thereof or by the President or Secretary of the State Board of Agriculture.

Added by Laws 1955, p. 4, art. 2, § 8.  Amended by Laws 2000, c. 243, § 10, emerg. eff. May 24, 2000.

§2-2-9.  Cooperative contracts and agreements - Grading, sampling or inspection - Fees.

The State Board of Agriculture may enter into cooperative contracts and agreements with the United States Department of Agriculture, or any other federal or state agency, person, or firm providing for the grading, sampling, or inspection of processed or unprocessed foods, livestock, poultry, seeds, fruits, vegetables, or other agricultural commodities and products.  The Board shall promulgate a schedule of fees to be charged and collected under the provisions of this section from the person or agency for whom the grading, sampling, or inspection service is rendered.  The schedule of fees shall be filed in the office of the Secretary of State in accordance with the Administrative Procedures Act and be open to the public, and any subsequent change in the fees shall not be operative until the change has been filed in the office of the Secretary of State pursuant to the Administrative Procedures Act.

Added by Laws 1955, p. 4, art. 2, § 9.  Amended by Laws 2000, c. 243, § 11, emerg. eff. May 24, 2000.

§2-2-10.  Department of Agriculture Revolving Fund - Disbursements - Claims.

A.  There is hereby created in the State Treasury a fund to be known as the State Department of Agriculture Revolving Fund.  All monies, fees, and revenues collected, authorized, or received from any source by the State Board of Agriculture or any division, officer, or employee of the State Department of Agriculture pursuant to the provisions of the Oklahoma Agricultural Code or any law or agreement shall be deposited in the fund.

B.  The fund shall be a continuing fund and shall be expended only for purposes specifically authorized and approved by a majority vote of the five (5) members appointed to and constituting the Board.  The President, in the absence of the Board, may approve disbursements for lawfully authorized purposes.  Expenditures from the fund shall be made only for defraying the costs and expenses of providing inspection, sampling, grading, and other services authorized by the Board for which fees or other monies have been paid into the fund and for which other monies are not available for the payment of services.

C.  The Board shall have authority to employ and pay out of the fund inspectors, graders, or other personnel as needed or required to conduct authorized services.

D.  All claims against the fund shall be paid only upon the majority approval of the Board, or the President in the absence of the Board.

Added by Laws 1955, p. 4, art. 2, § 10.  Amended by Laws 1965, c. 380, § 1, emerg. eff. June 29, 1965; Laws 1977, c. 251, § 7, emerg. eff. July 15, 1977; Laws 2000, c. 243, § 12, emerg. eff. May 24, 2000.

§2-2-11a.  Renumbered as § 5-9 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-2-11b.  Renumbered as § 5-10 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-2-11c.  Renumbered as § 5-11 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-2-12.  Unpaid checks.

For accounting purposes only, when any check has been received by the State Board of Agriculture, or the State Department of Agriculture, and has remained unpaid for a period of more than five (5) years, and the Board determines that the check cannot be collected, the amount of the check shall not be included or carried as an asset of the Board or any of its funds.

Added by Laws 1955, p. 4, art. 2, § 12.  Amended by Laws 2000, c. 243, § 16, emerg. eff. May 24, 2000.

§2-2-13A.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-2-13B.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-2-14.  Authority to enter - Proper actions - Warrants.

A.  The State Board of Agriculture or its authorized agents shall have the authority to enter any premises or mode of transportation during reasonable hours for the purpose of implementing the Oklahoma Agricultural Code or rules promulgated pursuant thereto.

B.  The Board or its authorized agents shall have the authority to carry out all necessary and proper actions to determine compliance with the Oklahoma Agricultural Code including, but not limited to, conducting investigations, opening any bundle, package, or container of agricultural products, examining and making photocopies of records or documents, examining devices, and collecting and submitting samples for analysis.

C.  If any person refuses, denies or interferes with any right of access, the Board shall have the right to apply to and obtain from a district court an administrative or other warrant as necessary to enforce the right of access and inspection.

Added by Laws 1965, c. 236, § 2, emerg. eff. June 17, 1965.  Amended by Laws 2000, c. 243, § 17, emerg. eff. May 24, 2000.

§2-2-15.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-2-16.  Duties of district attorney or Attorney General.

A.  When requested by the State Board of Agriculture it shall be the duty of a district attorney or the Attorney General to institute appropriate proceedings in the proper courts in a timely manner and to prosecute in the manner provided by law when violations of the following occur:

1.  The Oklahoma Agricultural Code;

2.  Any rule promulgated pursuant to the Oklahoma Agricultural Code; or

3.  Any order, license, charter, registration, or permit issued pursuant to the Oklahoma Agricultural Code.

B.  Any action to redress or restrain a violation of the Oklahoma Agricultural Code, any promulgated rule or any order, license, charter, registration, or permit issued pursuant to the Oklahoma Agricultural Code or to recover any administrative or civil penalty or other fine assessed pursuant to the Oklahoma Agricultural Code, may be brought by:

1.  The district attorney of the appropriate district court of the State of Oklahoma;

2.  The Attorney General on behalf of the State of Oklahoma; or

3.  The Oklahoma Department of Agriculture, Food, and Forestry on behalf of the State of Oklahoma.

C.  The court shall have jurisdiction to determine the action, and to grant the necessary or appropriate relief, including but not limited to mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.

D.  When requested by an authorized agent of the Board, it shall be the duty of every peace officer to assist in the detection and apprehension of all persons in violation of the Oklahoma Agricultural Code.  Failure to perform this duty shall be cause for removal from office.

Added by Laws 1965, c. 236, § 4, emerg. eff. June 17, 1965.  Amended by Laws 2000, c. 243, § 18, emerg. eff. May 24, 2000; Laws 2004, c. 60, § 2, emerg. eff. April 6, 2004.

§2-2-17.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-2-17.1.  False statements, etc. to Department - Rendering inaccurate any monitoring or measuring device - Penalties.

In addition to other penalties as may be imposed by law, it is a violation of the Oklahoma Agricultural Code for any person to knowingly make or provide any false statement, representation, or certification to the Oklahoma Department of Agriculture, Food, and Forestry or to knowingly render inaccurate any monitoring or measuring device or information thereof.

Added by Laws 2004, c. 60, § 3, emerg. eff. April 6, 2004.

§2-2-17A.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-2-18.  Notice - Hearings - Penalties.

A.  After notice and opportunity for a hearing in accordance with the Administrative Procedures Act, if the State Board of Agriculture finds any person in violation of the Oklahoma Agricultural Code or any rule promulgated or order issued pursuant thereto, the Board shall have the authority to assess an administrative penalty of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) for each violation.  Each animal, each action, or each day a violation continues may constitute a separate and distinct violation.

B.  The Board may appoint administrative law judges to conduct the hearings.  Hearings shall be held at a location within the region in which the alleged violator resides or the violation occurred, or the central offices of the State Board of Agriculture in Oklahoma City, Oklahoma.

C.  Any person who fails to comply with the provisions of the Oklahoma Agricultural Code or rules promulgated by the Board shall be deemed guilty of a misdemeanor unless a violation of the Oklahoma Agricultural Code or rules promulgated thereto is specifically identified with a penalty or as a felony in the individual articles of the Oklahoma Agricultural Code.

D.  Nothing in the Oklahoma Agricultural Code shall preclude the Board from seeking penalties in district court in the maximum amount allowed by law.  The assessment of penalties in an administrative enforcement proceeding shall not prevent the subsequent assessment by a court of the maximum civil or criminal penalties for violations of the Oklahoma Agricultural Code and rules promulgated pursuant thereto.

E.  Any person assessed an administrative or civil penalty may be required to pay, in addition to the penalty amount and interest thereon, attorney fees and costs associated with the collection of the penalties.

Added by Laws 1965, c. 236, § 6, emerg. eff. June 17, 1965.  Amended by Laws 2000, c. 243, § 19, emerg. eff. May 24, 2000; Laws 2004, c. 60, § 4, emerg. eff. April 6, 2004.

§2-2-18.1.  Pollution of air, land, or waters - Order to cease - Administrative penalty.

A.  It shall be unlawful and a violation of the Oklahoma Agricultural Code for any person to cause pollution of any air, land or waters of the state by persons which are subject to the jurisdiction of the Oklahoma Department of Agriculture, Food, and Forestry pursuant to the Oklahoma Environmental Quality Act.

B.  If the State Board of Agriculture finds that any of the air, land, or waters of the state which are subject to the jurisdiction of the Oklahoma Department of Agriculture, Food, and Forestry pursuant to the Oklahoma Environmental Quality Act have been or are being polluted, the Board shall make an order requiring that the pollution cease within a time period determined by the Department, or require a manner of treatment or of disposition of the waste or other polluting material as may in the judgment of the Board be necessary to prevent further pollution.  In addition, the Board may assess an administrative penalty pursuant to Section 2-18 of Title 2 of the Oklahoma Statutes.  The person to whom the order is directed shall fully comply with the order of the Board and pay any fine and costs assessed.

Added by Laws 2004, c. 60, § 5, emerg. eff. April 6, 2004.

§2-2-18.2.  Oklahoma Department of Agriculture, Food, and Forestry - Official environmental regulatory agency.

The Oklahoma Department of Agriculture, Food, and Forestry is hereby designated as an official environmental regulatory agency for agricultural point source and nonpoint source pollution within its jurisdiction as specified in subsection D of Section 1-3-101 of Title 27A of the Oklahoma Statutes.  The Department is hereby authorized and directed to seek delegation from the Environmental Protection Agency (EPA) to administer any and all of the National Pollution Discharge Elimination System (NPDES) programs for agricultural point and nonpoint source discharges within its specified jurisdiction.

Added by Laws 1994, c. 289, § 2, emerg. eff. June 6, 1994.  Amended by Laws 2004, c. 100, § 3, eff. July 1, 2004.  Renumbered from Title 27A, § 1-3-103 by Laws 2004, c. 100, § 4, eff. July 1, 2004.

§2-2-19.  Renumbered as § 14-81 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-2-20.  Renumbered as § 14-82 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-2-21.  Renumbered as § 14-83 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-2-22.  Repealed by Laws 1996, c. 138, § 8, emerg. eff. May 1, 1996.

§2-2-23.  Renumbered as § 14-84 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-2-24.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2225.  Travel and subsistence expense.

The actual and reasonable expenses of travel and subsistence in pursuing and developing markets for Oklahoma agricultural products incurred by the Commissioner, Deputy Commissioner and such employees designated by the Board within the marketing development programs of the Department of Agriculture shall be reimbursed to the employee incurring such expenses.  Reimbursement of such expenses shall be in accordance with rules and regulations adopted by the Board.  Such expenses claimed shall, prior to reimbursement, be reviewed by the Board at each regular meeting and individually approved or disapproved.

§2-2-26.  Agriculture Emergency Insect Control Special Fund.

A.  The Agriculture Emergency Insect Control Special Fund is hereby created in the State Treasury for the State Department of Agriculture.  The fund consists of monies transferred to it from funds appropriated to the Department for this purpose.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall be under the control and management of the administrative authority of the Department.  Expenditures from the fund shall be pursuant to the laws of this state and rules promulgated by the State Board of Agriculture.

B.  The fund shall be for emergency controls that lack legislative appropriation of emergency grasshopper and range caterpillar control within the state or for the general operations of the Department, and may be used for matching purposes for those programs in which the United States Department of Agriculture participates.

C.  All expenditures shall be approved by the Board.  Warrants for expenditures from the fund shall be based on claims signed by an authorized employee of the Department and approved for payment by the Director of State Finance.

Added by Laws 1980, c. 137, § 2, emerg. eff. April 15, 1980.  Amended by Laws 1981, c. 50, § 2, emerg. eff. April 13, 1981; Laws 1993, c. 278, § 15, operative Sept. 1, 1993; Laws 2000, c. 243, § 24, emerg. eff. May 24, 2000.

§2-2-27.  Department of Agriculture State Indemnity Special Fund.

A.  The Department of Agriculture State Indemnity Special Fund is hereby created in the State Treasury for the Oklahoma Department of Agriculture, Food, and Forestry.

B.  The fund shall consist of any monies appropriated to the Department specifically for transfer to the fund.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall be under the control and management of the administrative authority of the Department.

C.  Expenditures from the fund shall be pursuant to the laws of this state and in accordance with rules promulgated by the State Board of Agriculture.

D.  The fund shall be for the purpose of funding state indemnity payments to owners of livestock destroyed or disposed of pursuant to Section 6-3 of this title and to support livestock disease prevention and control programs within the designated division of the Department.

E.  All expenditures shall be approved by the State Veterinarian and presented to the Board.  Warrants for expenditures from the fund shall be based on claims signed by an authorized employee of the Department.

Added by Laws 1981, c. 304, § 12, emerg. eff. June 29, 1981.  Amended by Laws 2000, c. 243, § 25, emerg. eff. May 24, 2000; Laws 2002, c. 173, § 4, emerg. eff. May 6, 2002.

§2-2-28.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-2-29.  Obstruct, hinder or interfere with authorized agent in performance of official duties - Unlawful.

It shall be unlawful for any person to obstruct, hinder, or interfere by acts, verbal or physical threats, or any means with an authorized agent in the performance of their official duties as specified by rules of the State Board of Agriculture and the Oklahoma Agricultural Code.

Added by Laws 2000, c. 243, § 26, emerg. eff. May 24, 2000.

§2-2-30.  Provision of mediation services - Plan to increase public awareness of Agriculture Mediation Program.

A.  The Oklahoma Agriculture Mediation Program under the direction of the Institute for Issue Management and Alternative Dispute Resolution established as provided for in Section 3430 of Title 70 of the Oklahoma Statutes, is authorized to provide mediation services for all types of agricultural and rural living issues.

B.  The State Department of Agriculture in cooperation with the Institute for Issue Management and Alternative Dispute Resolution and the Oklahoma Cooperative Extension Service is authorized and directed to develop and implement a plan to increase public awareness of the Oklahoma Agriculture Mediation Program.  The plan shall be designed to provide information about the program to producers of agricultural products which might benefit from the program as well as to agricultural lenders.  The plan shall include but not be limited to the following:

1.  Providing informational literature to every county extension office in the state;

2.  Providing information about the program to agricultural lenders in this state by any feasible means, including but not limited to electronic media;

3.  Securing such public service announcements from broadcast media as is feasible;

4.  Cooperating with and providing information to court officials; and

5.  Such other measures as may be calculated to develop a greater awareness of the existence and benefits of the Oklahoma Agriculture Mediation Program.

Added by Laws 2000, c. 236, § 1, emerg. eff. May 24, 2000.  Amended by Laws 2002, c. 60, § 2, eff. July 1, 2002; Laws 2004, c. 216, § 1.

NOTE:  Editorially renumbered from § 2-29 of this title to avoid a duplication in numbering.

§2-2A-1.  Short title - Purpose - Applicability - Water programs.

A.  Sections 2 through 11 of this act shall be known and may be cited as the "Oklahoma Agriculture Pollutant Discharge Elimination System Act".

B.  The purpose of the Oklahoma Agriculture Pollutant Discharge Elimination System Act is to:

1.  Implement the federal National Pollutant Discharge Elimination System requirements;

2.  Assist the Oklahoma Department of Agriculture, Food, and Forestry in obtaining authorization to implement the federal Clean Water Act programs; and

3.  Issue permits to the persons or organizations owning or operating facilities regulated within the areas of environmental jurisdiction of the Department.

C.  The provisions contained in the Oklahoma Agriculture Pollutant Discharge Elimination System Act shall only apply to those programs established pursuant to the environmental jurisdiction of the Department as stated in Section 1-3-101 of Title 27A of the Oklahoma Statutes.

D.  Water programs within the environmental jurisdiction of the Department are hereby established that shall be responsible for:

1.  Water quality including, but not limited to, point source and nonpoint source pollution;

2.  Water protection; and

3.  Discharges and potential discharges to waters of the state.

Added by Laws 2005, c. 292, § 2, eff. July 1, 2005.

§2-2A-2.  Definitions.

As used in the Oklahoma Agriculture Pollutant Discharge Elimination System Act:

1.  "Administrative hearing", "administrative permit hearing", "enforcement hearing" and "administrative enforcement hearing" mean a quasi-judicial individual proceeding, held by the Oklahoma Department of Agriculture, Food, and Forestry, when authorized by the provisions of the Oklahoma Agricultural Code, and conducted pursuant to:

a. the Administrative Procedures Act,

b. the Oklahoma Agricultural Code, and

c. rules promulgated thereunder;

2.  "Administrative Procedures Act" means the Oklahoma Administrative Procedures Act;

3.  "Director" means the individual appointed by the Commissioner to perform the duties identified in Section 6 of this act;

4.  "Discharge" includes, but is not limited to, a discharge of a pollutant or pollutants and means any addition of any pollutant to waters of the state from any point or nonpoint source regulated by the Department within its areas of environmental jurisdiction;

5.  "Disposal system" means pipelines or conduits, pumping stations and force mains, and all other devices, construction, appurtenances, and facilities used for collecting, conducting, or disposing of wastewater and treatment systems;

6.  "Effluent limitation" means any established restriction imposed by the Department on quantities, rates, and concentrations of chemical, physical, biological, and other constituents that are discharged from point sources into waters of the state and includes schedules of compliance;

7.  "Environment" includes the air, land, wildlife, and waters of the state;

8.  "Formal public meeting" means a formal public forum, held by the Department when authorized by the provisions of the Oklahoma Agricultural Code, and conducted by a presiding officer pursuant to the requirements of the Oklahoma Agricultural Code and rules promulgated thereunder, at which an opportunity is provided for the presentation of oral comments made and written views submitted within reasonable time limits as determined by the presiding officer.  Public meeting shall mean a "public hearing" when held pursuant to requirements of the Code of Federal Regulations or the Oklahoma Agriculture Pollutant Discharge Elimination System Act.  A public meeting shall not be a quasi-judicial proceeding;

9.  "Nonpoint source" means the contamination of the environment with a pollutant for which the specific point of origin may not be well-defined and includes, but is not limited to, agricultural storm water runoff and return flows from irrigated agriculture;

10.  "Point source" means any discernible, confined, and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation, from which pollutants or wastes are or may be discharged and which is within the Department's environmental jurisdiction.  The term "point source" shall not include agricultural storm water discharges and return flows from irrigated agriculture;

11.  "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into waters of the state;

12.  "Pollution" means the presence or the release in the environment of any substance, contaminant or pollutant, any other alteration of the physical, chemical or biological properties of the environment, the release of any liquid, gaseous or solid substance into the environment:

a. in quantities which are or will likely create a nuisance, or

b. in quantities which render or will likely render the environment harmful, detrimental, or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life, or to property;

13.  "Schedule of compliance" means a schedule of remedial measures including, but not limited to, an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard;

14.  "Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;

15.  "Storm water" means rainwater runoff, snow melt runoff, and surface runoff and drainage;

16.  "Treatment works" means any facility within the Department's jurisdictional areas of environmental responsibility, as specified in Section 1-3-101 of Title 27A of the Oklahoma Statutes used for the purpose of treating or stabilizing waste or waste water that does not discharge directly to a publicly owned treatment works; and

17.  "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, storm sewers and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through or border upon this state or any portion thereof, and shall include under all circumstances the waters of the United States which are contained within the boundaries of, flow through or border upon this state or any portion thereof.  Provided, waste treatment systems, including treatment ponds and lagoons designed to meet federal and state requirements other than cooling ponds as defined in the federal Clean Water Act or promulgated rules, are not waters of the state.

Added by Laws 2005, c. 292, § 3, eff. July 1, 2005.

§2-2A-3.  Authority of Board to promulgate rules - Powers of Department.

A.  The State Board of Agriculture shall have the power and duty to promulgate rules implementing and effectuating the Oklahoma Agriculture Pollutant Discharge Elimination System Act.  The rules may incorporate by reference any applicable rules, regulations, and policies of the United States Environmental Protection Agency adopted under the federal Clean Water Act.  Any rules shall be at least as stringent as the United States Environmental Protection Agency regulations and policies, including, but not limited to, rules that:

1.  Allow the inclusion of technology-based effluent limitations and require water-quality-related effluent limitations in Agriculture Pollutant Discharge Elimination System permits to the extent necessary to protect the designated and existing beneficial uses of the waters of the state and to comply with the requirements of the federal Clean Water Act;

2.  Apply applicable national standards of performance promulgated pursuant to Section 306 of the federal Clean Water Act in establishing terms and conditions of Director-issued permits;

3.  Develop or assist in development of any effluent limitation or other limitation, prohibition, or effluent regulation;

4.  Ensure that the public and any other state whose waters may be affected receive notice of each application for a discharge permit;

5.  Ensure that any state whose waters may be affected by the activities allowed by a proposed permit may submit written recommendations on the application to the Department.  The rules shall provide that if the recommendations or any parts thereof are not incorporated, the Department will notify the affected state in writing and shall provide the reasons therefor;

6.  Establish a fee schedule to implement the provisions of the Oklahoma Agriculture Pollutant Discharge Elimination System Act;

7.  Establish management standards for sludge which are no less stringent than applicable federal regulations; and

8.  Establish procedures and requirements necessary to ensure compliance with applicable federal laws.

B.  The Department shall have authority to:

1.  Require the owner or operator of any system for the treatment, storage, discharge, or transport of pollutants to:

a. establish, maintain, and submit plans, specifications, records, and other data relative to disposal systems or any part thereof, in connection with the issuance of discharge permits or in connection with any permit, purposes, or requirements of the Oklahoma Agriculture Pollutant Discharge Elimination System Act,

b. make reports, to install, calibrate, use, and maintain monitoring equipment or methods including biological monitoring methods,

c. take samples of effluents in the manner as may be prescribed, and

d. provide other information as may be reasonably required;

2.  Take all actions that may be necessary or incidental to implement and maintain a pollutant discharge permit program and sludge program, including the authority to assume and obtain authorization to implement and maintain a portion of the National Pollutant Discharge Elimination System state permit program and a state sludge program pursuant to Section 402 and other provisions of the federal Clean Water Act and other applicable federal law.  The Director may issue permits for the discharge of pollutants and storm water from facilities and activities within the areas of environmental jurisdiction of the Department specified in Section 1-3-101 of Title 27A of the Oklahoma Statutes;

3.  Take necessary and appropriate actions to revoke, modify, refuse to renew, suspend, place on probation, reinstate, or otherwise administer and enforce discharge permits and sludge permits issued by the United States Environmental Protection Agency which are transferred to the Department upon federal authorization of the Agriculture Pollutant Discharge Elimination System program of the Department; and

4.  Exercise all necessary incidental powers which are necessary and proper to carry out the purposes of the Oklahoma Agriculture Pollutant Discharge Elimination System Act and to comply with the requirements of the federal Clean Water Act and the requirements of the United States Environmental Protection Agency regulations promulgated thereunder.

Added by Laws 2005, c. 292, § 4, eff. July 1, 2005.

§2-2A-4.  Disclosure of interest in regulated entities.

Any employee of the Oklahoma Department of Agriculture, Food, and Forestry in a technical, supervisory or administrative position relating to the review, issuance, or enforcement of permits pursuant to the Oklahoma Agricultural Code who is an owner, stockholder, employee or officer of, or who receives compensation from, any corporation, partnership, or other business or entity which is subject to regulation by the Department shall disclose the interest to the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry.  Disclosures shall be submitted for Board review and shall be made a part of the Board minutes available to the public.  This section shall not apply to financial interests occurring by reason of participation of an employee in the Oklahoma State Employees Deferred Compensation Plan or publicly traded mutual funds.

Added by Laws 2005, c. 292, § 5, eff. July 1, 2005.

§2-2A-5.  Director of the Agricultural Pollutant Discharge Elimination System.

A.  The Commissioner of Agriculture shall appoint the Director of the Agriculture Pollutant Discharge Elimination System.  The Director shall serve at the pleasure of the Commissioner.

B.  The Director shall have experience in agriculture, forestry, conservation, environmental sciences, or other areas as may be required by the Commissioner.

C.  The Director shall not be an owner, stockholder, employee or officer of, nor have any other business relationship with or receive compensation from, any corporation, partnership, or other business or entity which is subject to regulation by the Department and, with regard to the exercise of powers and duties associated with the Oklahoma Agriculture Pollutant Discharge Elimination System Act, shall meet all requirements of Section 304 of the federal Clean Water Act and applicable federal regulations promulgated thereunder by the United States Environmental Protection Agency regarding conflict of interest.

D.  1.  The Director shall have the power and duty to:

a. issue, deny, modify, amend, renew, refuse to renew, suspend, place on probation, reinstate or revoke licenses or permits pursuant to the provisions of the Oklahoma Agricultural Code, and rules promulgated by the State Board of Agriculture, and

b. issue final orders and assess administrative penalties according to the Administrative Procedures Act, the Oklahoma Agricultural Code, and rules promulgated by the Board.

2.  The powers and duties specified in paragraph 1 of this subsection shall be exercised exclusively by the Director on behalf of the Oklahoma Department of Agriculture, Food, and Forestry and may not be delegated to other employees of the Department except as specifically provided in the Oklahoma Agriculture Pollutant Discharge Elimination System Act.

3.  In the event of the temporary absence of the Director, the Director may delegate the exercise of these powers and duties to an acting director during the absence of the Director subject to an organizational structure approved by the Commissioner.  In the event of a vacancy in the position of Director, the Commissioner may designate an interim or acting Director who is authorized to exercise the powers and duties until a permanent Director is employed.

4.  Any designee exercising the powers and duties of the Director as authorized or on a temporary, acting, or interim basis shall meet the requirements of subsection C of this section for the Director.

5.  All references in the Oklahoma Agricultural Code to the Department with respect to the exercise of the powers and duties specified in paragraph 1 of this subsection shall mean the exercise of such powers and duties by the Director or authorized designee.

Added by Laws 2005, c. 292, § 6, eff. July 1, 2005.

§2-2A-6.  Discharge of pollutant into state waters - Schedule of compliance and conditions - Permits.

A.  It shall be unlawful for any person regulated by the Oklahoma Department of Agriculture, Food, and Forestry pursuant to its environmental jurisdiction to discharge any pollutant into waters of the state except in accordance with a permit from the Director of the Agriculture Pollutant Discharge Elimination System.

B.  Prior to issuing the pollutant discharge permits, the Director shall prescribe schedules of compliance and conditions as necessary that:

1.  Prevent, control, or abate pollution, including water quality-related and technology-based effluent limitations as are necessary to protect the water quality and existing and designated beneficial uses of the waters of the state;

2.  Require application of best practicable control technology currently available, best conventional pollutant control technology, or best available technology economically achievable, or other limitations as the Director may prescribe;

3.  Require compliance with national standards of performance and toxicity;

4.  Set limitations or prohibitions designed to prohibit the discharge of pollutants;

5.  Set interim compliance dates which are enforceable without otherwise showing a violation of an effluent limitation or harm to water quality;

6.  Set terms and conditions for sludge and land application of wastewater and for impoundments in accordance with rules promulgated by the Board; and

7.  Comply with the provisions of the Oklahoma Agriculture Pollutant Discharge Elimination System Act and the requirements of the federal Clean Water Act.

C.  The Director shall:

1.  Have authority to issue individual permits and authorizations under general permits for pollutants, storm water and sludge as authorized by the Oklahoma Agriculture Pollutant Discharge Elimination System Act;

2.  Issue permits for fixed terms not to exceed five (5) years;

3.  Have the authority to require conditions in permits issued for facilities subject to the environmental jurisdiction of the Department requiring the permittee to give notice to the Department of:

a. new introductions into the treatment works of pollutants at a regulated facility from any source which would be a new source as defined in Section 306 of the federal Clean Water Act,

b. pollutants being introduced from a source which would be a point source subject to Section 301 of the federal Clean Water Act if it were discharging directly to waters of the state,

c. a substantial change in volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the works at the time of issuance of the permit, or

d. other conditions as may be required under the federal Clean Water Act or state law;

4.  Have the authority to ensure compliance with Sections 204(b), 307 and 308 and other provisions of the federal Clean Water Act and with other applicable federal law;

5.  Have all necessary and incidental authority to comply with the requirements of the federal Clean Water Act and requirements of the United States Environmental Protection Agency set forth in duly promulgated federal regulations adopted under the federal Clean Water Act;

6.  Have the authority to terminate or modify permits issued by the Director for cause, including but not limited to:

a. violation of any condition of the permit, including but not limited to conditions related to limits, monitoring requirements, entry, and inspections,

b. obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts, or

c. change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;

7.  Have all necessary authority to implement and enforce Department programs and requirements established by the State Board of Agriculture in duly promulgated rules;

8.  Have all necessary or incidental authority to investigate and abate violations of permits issued by the Director, violations of administrative orders, violations of duly promulgated rules, and violations of the Oklahoma Agriculture Pollutant Discharge Elimination System Act; and

9.  Have all necessary and incidental authority to apply sanctions through administrative proceedings for violations, including but not limited to violations of requirements to obtain permits, terms, and conditions of permits, effluent standards and limitations and water quality standards, and violations of requirements for recording, reporting, monitoring, entry, inspection, and sampling.

Added by Laws 2005, c. 292, § 7, eff. July 1, 2005.

§2-2A-7.  Inspection of and access to permitted and unpermitted facilities - Issuance of discharge permit prohibited in certain situations - Documents open to public - Trade secrets protected.

A.  Any holder of a permit or applicant for a permit shall be deemed to have given consent to any authorized officer, employee, or agent of the Oklahoma Department of Agriculture, Food, and Forestry to:

1.  Enter and inspect the facility in accordance with the provisions of the Oklahoma Agriculture Pollutant Discharge Elimination System Act;

2.  Investigate complaints;

3.  Have access at any reasonable time for the purposes of reviewing and copying any records required to be maintained;

4.  Inspect any monitoring equipment, methods, disposal systems, or other facilities or equipment as may be required;

5.  Have access for the purpose of inspecting and sampling any effluent streams or any discharge of pollutants to waters of the state or for inspection and sampling of any sludge source, storage, beneficial use, reuse, or disposal site; and

6.  Obtain copies of records, plans, reports, or other information required by the Department to be submitted upon request and subject to and made available for inspection at reasonable times to any authorized representative of the Department.  Any authorized representative of the Department may examine any records or memoranda pertaining to discharges, treatment, or other limitations set by permit, order, or duly promulgated rules of the Board.

B.  For unpermitted facilities, authorized employees or representatives, upon presentation of a credential and, if necessary, a proper warrant shall have:

1.  A right of entry to, upon, or through any private or public premises upon which an effluent or sludge source is or may be located or in which any records are required to be maintained;

2.  A right of entry for the purpose of investigating complaints;

3.  Access, at any reasonable time, for the purposes of reviewing and copying any records required to be maintained;

4.  Authority to inspect any monitoring equipment, methods, disposal systems, or other facilities or equipment as may be required; and

5.  Access for the purpose of inspecting and sampling any effluent streams or any discharge of pollutants to waters of the state or for inspection and sampling of any sludge source, storage, beneficial use, reuse, or disposal site.

C.  The Director shall not issue a discharge permit if the permit:

1.  Would authorize the discharge of a radiological, chemical, or biological warfare agent, or high-level radioactive waste;

2.  Would result, in the judgment of the United States Secretary of the Army acting through the Chief of Engineers, in the substantial impairment of anchorage and navigation of any waters of the United States as those waters are defined in the federal Clean Water Act;

3.  Is objected to in writing by the Administrator of the United States Environmental Protection Agency or designee, pursuant to any right to object which is granted to the Administrator under Section 402(d) of the federal Clean Water Act; or

4.  Would authorize a discharge from a point source which is in conflict with a plan approved under Section 208(b) of the federal Clean Water Act.

D.  1.  Any records, reports, or information obtained pursuant to this section shall be available to the public, except that upon submission of sufficient evidence showing that records, reports, or information, or particular parts thereof, other than effluent data, if made public, would divulge methods or processes entitled to protection as trade secrets of that person, the record, report, or information, or particular portion, shall be considered confidential in accordance with the purposes of the federal Uniform Trade Secrets Act.

2.  Nothing in this section shall prohibit the Department or an authorized representative of the Department including, but not limited to, any authorized contractor, from disclosing records, reports, or information to other officers, employees, or authorized representatives of the State of Oklahoma or the United States concerned with carrying out provisions of state or federal law under their respective jurisdictions or within their respective authorities.

3.  Any records, reports, or information required to be submitted for permitting, compliance, or review that would not be considered confidential by the Environmental Protection Agency shall not be kept confidential pursuant to this subsection.

E.  1.  The Board shall promulgate standard precautions for the prevention of the transmission of communicable diseases to humans and animals to be used when inspecting animal feeding operations.

2.  Except for emergency situations or when enforcement of a permit requires the use of the standard precautions, Department employees shall observe the health standards and sanitary requirements of the facility.

Added by Laws 2005, c. 292, § 8, eff. July 1, 2005.

§2-2A-8.  Rules for storm water discharges.

The State Board of Agriculture shall promulgate rules which prescribe permit requirements applicable to discharges composed entirely of storm water that shall at a minimum meet federal law.  The rules may require permits on a case-by-case basis, exempt categories of discharges, or provide a schedule for obtaining the permit.  The Board shall have promulgated rules for storm water discharges which comply with Environmental Protection Agency requirements for approval of the state National Pollutant Discharge Elimination Systems program no later than the date that the Department is to receive authorization to administer a state National Pollutant Discharge Elimination System program.

Added by Laws 2005, c. 292, § 9, eff. July 1, 2005.

§2-2A-9.  Violations of act, permit, rule or order - Recovery of damages - Right of intervention - Notice - Hearings - Penalties - Review.

A.  Whenever there are reasonable grounds to believe that there has been a violation of any of the provisions of the Oklahoma Agriculture Pollutant Discharge Elimination System Act, any permit, any rule, or any order of the Director of the Agriculture Pollutant Discharge Elimination System, the Director shall have the authority and powers to proceed as specified in the Administrative Procedures Act unless otherwise provided herein.  However, provisions of this section for written notice, enforcement hearing, and administrative orders shall not be conditions precedent for seeking action in the district court as provided by the Oklahoma Agriculture Pollutant Discharge Elimination System Act or other applicable provisions of law.

B.  The Oklahoma Agriculture Pollutant Discharge Elimination System Act shall not in any way impair or in any way affect the right of a person to recover damages for pollution that are otherwise allowed by law in a court of competent jurisdiction.

C.  Any person having any interest connected with the geographic area or waters or water system affected, including but not limited to any health, environmental, pecuniary, or property interest, which interest is or may be adversely affected, shall have the right to intervene as a party in any administrative proceeding before the Department, or in any civil proceeding, relating to violations of the Oklahoma Agriculture Pollutant Discharge Elimination System Act or rules, permits or orders issued hereunder.

D.  Whenever, on the basis of any information available, the Department finds that any person regulated by the Department is in violation of any act, rule, order, permit, condition or limitation implementing the Oklahoma Agriculture Pollutant Discharge Elimination System Act, or any previously issued discharge permit, the Director may issue an order requiring the person or entity to comply with the provision or requirement, commence appropriate administrative enforcement proceedings, or bring a civil action.  Provided, however, the issuance of a compliance order or denial, placing on probation, reinstatement, suspension or revocation of a permit shall not be considered a condition precedent to the accrual or imposition of penalties or fines in any administrative, civil, or criminal proceeding.

E.  1.  A copy of any order issued pursuant to this section shall be sent immediately to the violator.  In any case in which an order or notice to a violator is issued to a corporation, a copy of the order shall be served on any appropriate individual officers or service agents.

2.  Any order issued pursuant to this section shall state with reasonable specificity the nature of the violation, and shall specify a time for compliance not to exceed thirty (30) days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and not to exceed a reasonable time in the case of a violation of a final deadline, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.  Any order or notice issued by the Director may be served in any manner allowed by Oklahoma Rules of Civil Procedure applicable to a civil summons.

F.  1.  Whenever on the basis of any information available the Director finds that any person regulated by the Department has violated any of the provisions of the Oklahoma Agriculture Pollutant Discharge Elimination System Act, or any permit, rule, order or condition or limitation implementing any of these sections, or previously issued discharge permit or related order, the Director may assess, after providing notice and opportunity for an enforcement hearing to the alleged violator, an administrative fine of not more than Ten Thousand Dollars ($10,000.00) per day for each violation.

2.  The total amount of the administrative fine shall not exceed One Hundred Twenty-five Thousand Dollars ($125,000.00) per violation.  In determining the amount of any penalty assessed under this subsection, the Director shall take into account the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, the ability to pay, any prior history of violations, the degree of culpability, the economic benefit savings, if any, resulting from the violation, and any other matters as justice may require.  For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.

3.  Enforcement hearings shall be conducted in accordance with the procedures set out in the Administrative Procedures Act.

G.  1.  The Director is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation for which the Director is authorized to issue a compliance order under subsection D of this section.

2.  Any person who violates any provision of the Oklahoma Agriculture Pollutant Discharge Elimination System Act, any permit condition or limitation implementing any of such provisions in a permit issued under the Oklahoma Agriculture Pollutant Discharge Elimination System Act, and any person who violates any order issued by the Director under subsection D of this section, shall be subject to a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) per day for each violation.

3.  In determining the amount of the civil penalty, the court shall consider the seriousness of the violation or violations, the economic benefit, if any, resulting from the violation, any history of violations, any good faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and any other matters as justice may require.  For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.

4.  Any action pursuant to this subsection may be brought in the district court for the district in which the property or defendant is located or defendant resides or is doing business, and the court shall have jurisdiction to restrain any violation and to require compliance.

5.  The prior revocation of a permit shall not be a condition precedent to the filing of a civil action under the Oklahoma Agriculture Pollutant Discharge Elimination System Act.

H.  1.  Any person who violates any provision of this act, any order of the Director, or any condition or limitation in a permit issued pursuant to this act may be punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than Ten Thousand Dollars ($10,000.00) per day for each violation, or by imprisonment for not more than six (6) months for each violation, or both.

2.  Any person who knowingly makes any false material statement, representation, or certification in, omits material data from, or tampers with any application, notice, record, report, plan, or other document filed or required to be maintained under the Oklahoma Agriculture Pollutant Discharge Elimination System Act or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under the Oklahoma Agriculture Pollutant Discharge Elimination System Act, shall be punishable, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) per day for each violation, or by imprisonment for not more than two (2) years, or by both.  If a conviction of a person is for a violation committed after a first conviction of that person under this paragraph, punishment shall be by a fine of not more than Twenty Thousand Dollars ($20,000.00) per day for each violation, or by imprisonment for not more than four (4) years, or by both.  In addition, the Director shall deny issuance of the permit or require submission of a new application.

3.  For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.

I.  1.  Whenever, on the basis of information available, the Department finds that an owner or operator of any source is introducing a pollutant into a treatment works in violation of the Oklahoma Agriculture Pollutant Discharge Elimination System Act or any requirement, rule, permit, or order issued under this act, the Department shall notify the owner or operator of the treatment works of the violation.

2.  If the operator of the treatment works does not commence appropriate enforcement action within thirty (30) days of the date of the notification, the Department may commence a civil action for appropriate relief, including but not limited to a permanent or temporary injunction, against the owner or operator of the treatment works.

3.  In the civil action, the Department shall join the operator of the source as a party to the action.

4.  The action shall be brought in the district court in the county in which the treatment works is located.

5.  The court shall have jurisdiction to restrain the violation and to require the operator of the treatment works and the operator of the source to take any action as may be necessary to come into compliance with the Oklahoma Agriculture Pollutant Discharge Elimination System Act.

6.  Nothing in this subsection shall be construed to limit or prohibit any other authority the Department may have under this section.

J.  1.  Any person against whom an administrative compliance or penalty order is issued under this section may obtain review of the order by filing a petition for review in district court pursuant to the Oklahoma Administrative Procedures Act.  The court shall not impose additional civil penalties for the same violation unless the assessment of the penalty constitutes an abuse of discretion.  No stay of an administrative penalty order shall be granted until the amount of penalty assessed has been deposited with the reviewing district court pending resolution of the petition for review.

2.  If any person fails to pay an assessment of an administrative penalty:

a. after the order making the assessment has become final, or

b. after a court in an action brought under paragraph 1 of this subsection has entered a final judgment in favor of the Department, as the case may be,

a civil action may be brought in an appropriate district court to recover the amount assessed plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be.  In such an action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

3.  Any person who fails to pay on a timely basis the amount of an assessment of an administrative or civil penalty shall be required to pay, in addition to the amount and interest, attorney fees and costs for the collection proceeding and a quarterly nonpayment penalty for each quarter during which the failure to pay persists.  The nonpayment penalty shall be in an amount equal to twenty percent (20%) of the aggregate amount of the penalties of the person and nonpayment penalties which are unpaid as of the beginning of the quarter.

K.  1.  The Attorney General or the district attorney of the appropriate district court of Oklahoma may bring an action in a court of competent jurisdiction for the prosecution of a violation by any person of a provision of this act, any rule, any order of the Director, or any condition or limitation in a permit issued pursuant to this act.

2.  Any action for injunctive relief to redress or restrain a violation of any person of a provision of this act, any rule, any order of the Director, or any condition or limitation in a permit issued pursuant to this act or recovery of any administrative or civil penalty assessed may be brought by:

a. the district attorney of the appropriate district court of the State of Oklahoma,

b. the Attorney General on behalf of the State of Oklahoma, or

c. the Department on behalf of the State of Oklahoma.

3.  It shall be the duty of the Attorney General and district attorney if requested by the Director to bring such action.

Added by Laws 2005, c. 292, § 10, eff. July 1, 2005.

§2-2A-10.  Application for permit - Compliance with local ordinances, rules or requirements.

A.  For permits or other authorizations required pursuant to the Oklahoma Agricultural Code, applicants shall file applications in the form and manner established by the Oklahoma Department of Agriculture, Food, and Forestry.  The Department shall review the applications as filed and subsequently amended or supplemented.  Any permit issued or authorization granted may include conditions.

B.  Permits and other authorizations required pursuant to the Oklahoma Agriculture Pollutant Discharge Elimination System Act may contain provisions requiring that operations shall be in compliance with municipal and other local government ordinances, rules, and requirements.  A determination or certification that the operations under the requested permit or authorization conform or comply with those ordinances, rules, or requirements, the enforcement of which is not within the jurisdiction or authority of the Department, shall not be considered by the Department in its review and approval or denial of a permit or authorization.

Added by Laws 2005, c. 292, § 11, eff. July 1, 2005.

§2-2A-21.  Short title.

Sections 12 through 20 of this act shall be known and may be cited as the "Oklahoma Agriculture Environmental Permitting Act".

Added by Laws 2005, c. 292, § 12, eff. July 1, 2005.

§2-2A-22.  Definitions.

For the purposes of the Oklahoma Agriculture Environmental Permitting Act:

1.  "Application" means a document or set of documents, filed with the Oklahoma Department of Agriculture, Food, and Forestry for the purpose of receiving a permit or the modification, amendment, or renewal thereof from the Department.  The term "application" includes any subsequent additions, revisions, or modifications submitted to the Department that supplement, correct, or amend a pending application;

2.  "Draft permit" means a draft document prepared by the Department after it has found a Tier II or III application for a permit to be administratively and technically complete and that the application may warrant the issuance, modification, or renewal of the permit;

3.  "Permit" means a permission required by law and issued by the Department, the application for which has been classified as Tier I, II, or III by the State Board of Agriculture.  The term "permit" includes but is not limited to:

a. specific types of permits and other Department authorizations including certifications, registrations, licenses, and plan approvals,

b. general permits and notices of intent for coverage by a general permit, and

c. an approved variance from a promulgated rule; however, for existing facilities the Department may require additional notice and public participation opportunities for variances posing the potential for increased risk;

4.  "Process meeting" means a meeting open to the public which is held by the Department to explain the permitting process and the public participation opportunities applicable to a specific Tier III application;

5.  "Proposed permit" means a document, based on a draft permit and prepared by the Department after consideration of comments received on the draft permit, that indicates the decision of the Department to issue a final permit pending the outcome of an administrative permit hearing, if any;

6.  "Qualified interest group" means any organization with twenty-five or more members who are Oklahoma residents;

7.  "Response to comments" means a document prepared by the Department after its review of timely comments received on a draft denial or draft permit pursuant to public comment opportunities which:

a. specifies any provisions of the draft permit that were changed in the proposed or final permit and the reasons for the changes, and

b. briefly describes and responds to all significant comments raised during the public comment period or any hearing regarding the draft denial or draft permit;

8.  "Tier I" means a basic process of permitting that includes application, notice to the landowner, and Department review.  For the Tier I process, a permit shall be issued or denied by a technical supervisor of the reviewing Division or local representative of the Department provided the authority has been delegated by the Director;

9.  "Tier II" means a process of permitting which includes:

a. the Tier I process,

b. published notice of application filing,

c. preparation of the draft permit or draft denial,

d. published notice of the draft permit or draft denial and opportunity for a formal public meeting, and

e. public meeting, if any.

For the Tier II process, a permit shall be issued or denied by the supervisor of the reviewing Division provided the authority has been delegated thereto by the Director; and

10.  "Tier III" means an expanded process of permitting which includes:

a. (1) the Tier II process, except the notice of filing, shall also include an opportunity for a process meeting,

(2) preparation of the response of the Department to comments, and

(3) denial of application, or

b. preparation of a proposed permit, the published notice of availability of the proposed permit and the response to comments and of the opportunity for an administrative permit hearing, and an administrative permit hearing, if any.

For the Tier III process, a permit shall be issued or denied by the Director.

Added by Laws 2005, c. 292, § 13, eff. July 1, 2005.

§2-2A-23.  Rules designating application tiers.

A.  The State Board of Agriculture shall have the authority to promulgate rules to implement the Oklahoma Agriculture Environmental Permitting Act for each tier that will to the greatest extent possible:

1.  Enable applicants to follow a consistent application process;

2.  Ensure that uniform public participation opportunities are offered;

3.  Provide for uniformity in notices required of applicants; and

4.  Set forth procedural application requirements.

B.  The rules shall designate applications as Tier I, II, or III and shall at a minimum be consistent with federal law.  In making these determinations, the Board shall consider information and data offered on:

1.  The significance of the potential impact of the type of activity on the environment;

2.  The amount, volume, and types of waste proposed to be accepted, stored, treated, disposed, discharged, emitted, or land applied;

3.  The degree of public concern traditionally connected with the type of activity;

4.  The federal classification, if any, for the proposed activity, operation, or type of site or facility; and

5.  Any other factors relevant to the determinations.

C.  For purposes of this section, the Board shall ensure that designations are, at a minimum, consistent with any analogous classifications set forth in applicable federal programs.

D.  The rules for each tier shall:

1.  Set forth uniform procedures for filing an application;

2.  Contain specific uniform requirements for each type of notice and public participation or hearing opportunities required by the Oklahoma Agriculture Environmental Permitting Act;

3.  Contain other provisions needed to implement and administer the Oklahoma Agriculture Pollutant Discharge Elimination System Act; and

4.  Designate positions to which the Director may delegate, in writing, the power and duty to issue, renew, amend, modify, and deny permits.

Added by Laws 2005, c. 292, § 14, eff. July 1, 2005.

§2-2A-24.  Powers and duties of Department.

A.  The Oklahoma Department of Agriculture, Food, and Forestry is hereby authorized to implement and enforce the provisions of the Oklahoma Agriculture Environmental Permitting Act and rules promulgated thereunder.

B.  In addition to authority under the Oklahoma Agricultural Code, the Department shall have the power and duty to:

1.  Evaluate applications for administrative and technical completeness pursuant to requirements of the Oklahoma Agricultural Code and rules promulgated thereunder and, when necessary to determine the completeness, request changes, revisions, corrections, or supplemental submissions;

2.  Evaluate notices related to applications for sufficiency of content and compliance and require that omissions or inaccuracies be cured;

3.  Consider timely and relevant comments received;

4.  Prepare responses to comments, draft and final denials, and draft, proposed, and final permits;

5.  Cooperate with federal agencies;

6.  Consolidate processes related to multiple, pending applications filed by the same applicant for the same facility or site in accordance with rules of the State Board of Agriculture; and

7.  Otherwise exercise all incidental powers as necessary and proper to implement the provisions of the Oklahoma Agriculture Environmental Permitting Act and promulgate rules.

Added by Laws 2005, c. 292, § 15, eff. July 1, 2005.

§2-2A-25.  Tier II or III applications - Publication of notice of filing - Process meeting on Tier III applications.

A.  Upon filing a Tier II or III application with the Oklahoma Department of Agriculture, Food, and Forestry, the applicant shall publish notice of the filing as legal notice in one newspaper of general circulation local to the proposed new site or existing facility.  The publication shall identify public locations where the application may be reviewed, including a public location in the county where the proposed new site or existing facility is located.

B.  For Tier III applications, the publication shall also include notice of a thirty-day opportunity to request, or give the date, time and place for, a process meeting on the permitting process.  If the Department receives a timely request and determines that a significant degree of public interest in the application exists pursuant to rules of the Department, it shall schedule and hold the meeting.  The applicant shall be entitled to attend the meeting and may make a brief presentation on the permit request.  Any local community meeting regarding the proposed facility or activity for which a permit is sought that is scheduled and held by the applicant may be combined, with the agreement of the Department and the applicant, with the process meeting authorized by this paragraph.

C.  The provisions of this section shall not stay the review of the application by the Department.

Added by Laws 2005, c. 292, § 16, eff. July 1, 2005.

§2-2A-26.  Tier II or III applications - Draft denial or permit.

A.  Upon conclusion of its technical review of a Tier II or III application within the permitting timeframes established by rules promulgated by the State Board of Agriculture, the Oklahoma Department of Agriculture, Food, and Forestry shall prepare a draft denial or draft permit.

1.  Notice of a draft denial shall be given by the Department and notice of a draft permit shall be given by the applicant.

2.  Notice of the draft denial or draft permit shall be published as legal notice in one newspaper of general circulation local to the proposed new site or existing facility.  The notice shall identify public locations where the draft denial or draft permit may be reviewed, including a public location in the county where the proposed new site or existing facility is located, and shall provide for a set time period for public comment and for the opportunity to request a formal public meeting on the respective draft denial or draft permit.  The time period shall be set at least thirty (30) calendar days after the date the notice is published unless a longer time is required by federal regulations promulgated as rules by the Board.  In lieu of the notice of opportunity to request a public meeting, notice of the date, time, and place of a public meeting may be given, if previously scheduled.

B.  Upon the publication of notice of a draft permit, the applicant shall make the draft permit and the application, except for proprietary provisions otherwise protected by law, available for public review at a public location in the county where the proposed new site or existing facility is located.

Added by Laws 2005, c. 292, § 17, eff. July 1, 2005.

§2-2A-27.  Public meeting on draft denial or permit.

A.  Pursuant to the rules of the Oklahoma Department of Agriculture, Food, and Forestry, the Department shall promptly schedule and hold a formal public meeting if the Department receives timely written request for the meeting on the draft denial or draft permit.

B.  Notice of the meeting shall be given to the public at least thirty (30) calendar days prior to the meeting date.

C.  The public meeting shall be held at a location convenient to and near the proposed new site or existing facility not more than one hundred twenty (120) calendar days after the date notice of the draft denial or draft permit was published.

D.  At the meeting, any person may submit oral or written statements and data concerning the draft denial or permit.

E.  The public comment period shall automatically be extended to the close of the public meeting.  Upon good cause shown, the presiding officer may extend the comment period further to a date certain by so stating at the meeting.

F.  The meeting shall not be a quasi-judicial proceeding.

G.  The applicant or a representative of the applicant may be present at the meeting to respond to questions.

Added by Laws 2005, c. 292, § 18, eff. July 1, 2005.

§2-2A-28.  Tier II applications - Final permit - Response to comments - Tier III applications - Proposed permit - Notice and hearing - Final denial or permit.

A.  For draft permits or draft denials for Tier II applications on which no comment or public meeting request was received in a timely manner and on which no public meeting was held, the final permit shall be issued or denied.

B.  For draft permits or draft denials for Tier II applications on which comment or a public meeting request was received in a timely manner or on which a public meeting was held, the Oklahoma Department of Agriculture, Food, and Forestry, after considering the comments, shall prepare a response to comments and issue the draft permit as is or as amended or make final denial.

C.  The response to comments shall be prepared within ninety (90) working days after the close of the public comment period unless extended by the Director upon a determination that additional time is required due to circumstances outside the control of the Department.  Circumstances may include, but shall not be limited to, an act of God, a substantial and unexpected increase in the number of applications filed, additional review duties imposed on the Department from an outside source, or outside review by a federal agency.

D.  1.  For a draft permit for a Tier III application, after the public comment period and the public meeting, if any, the Department shall prepare a response to any comments received in a timely manner and either issue a final denial in accordance with paragraph 5 of this subsection or prepare a proposed permit.

2.  When a proposed permit is prepared, the applicant shall publish notice, as legal notice in one newspaper of general circulation local to the proposed new site or existing facility, of the tentative decision of the Department to issue the permit.  The notice shall identify the locations where the proposed permit and the response of the Department to comments may be reviewed, including a public location in the county where the proposed new site or existing facility is located and shall offer a twenty-working-day opportunity to request an administrative hearing to participate in as a party.

3.  The Department shall ensure that any additional notice requirements as otherwise provided by law are followed.

4.  The opportunity to request a hearing shall be available to the applicant and any person or qualified interest group that alleges that the operation may have a direct, substantial, and immediate effect upon the health, environmental, pecuniary, or property interest or upon the legal interest of that person or qualified interest group.

5.  If no written administrative hearing request is received by the Department by the end of twenty (20) working days after the publication date of the notice, the final permit shall be issued.

6.  If the final decision of the Department is to deny the permit, it shall give notice to the applicant and issue a final denial in accordance with subsection G of this section.

E.  1.  When an administrative hearing is requested in a timely manner on a proposed permit in accordance with subsection C of this section, all timely requests shall be combined in a single hearing.  The hearing shall be a quasi-judicial proceeding and shall be conducted by an administrative law judge in accordance with the Administrative Procedures Act, the Oklahoma Agricultural Code, and rules promulgated by the State Board of Agriculture.

2.  The applicant shall be a party to the hearing.

3.  The Department shall hold a scheduling conference within sixty (60) calendar days after the end of the hearing request period.

4.  The Department shall move promptly to an evidentiary proceeding in which parties shall have the right to present evidence before the Department on whether the proposed permit and the technical data, models and analyses, and information in the application upon which the proposed permit is based are in substantial compliance with applicable provisions of the Oklahoma Agricultural Code and rules promulgated thereunder and whether the proposed permit should be issued as is, amended and issued, or denied.

5.  Failure of any party to participate in the administrative proceeding with good faith and diligence may result in a default judgment with regard to that party; provided, however, that no final permit shall be issued solely on the basis of any such judgment.

F.  If the Department decides to reverse its initial draft decision, it shall withdraw the draft denial or draft permit and prepare a draft permit or draft denial, as appropriate.  Notice of the withdrawal of the original draft and preparation of the revised draft shall be given as provided in Section 15 of this act.  The Department then shall reopen the comment period and provide additional opportunity for a formal public meeting on the revised draft as described in Section 18 of this act.

G.  Upon final issuance or denial of a permit for a Tier III application, the Department shall provide public notice of the final permit decision and the availability of the response to comments, if any.

H.  Any appeal of a Tier III final permit decision or any final order connected to it shall be made in accordance with the provisions of the Oklahoma Agricultural Code and the Administrative Procedures Act.  Any appeal shall be limited to the participants of the administrative proceedings.

I.  Any applicant, within ten (10) days after final denial of the application for a new original permit on which no final order was issued, may petition the Department for reconsideration on the grounds stated in the Administrative Procedures Act as if the denial was an order.  Disposition of the petition shall be by order of the Director according to the Administrative Procedures Act.

Added by Laws 2005, c. 292, § 19, eff. July 1, 2005.

§2-2A-29.  General permits.

For common and routine permit applications, the Oklahoma Department of Agriculture, Food, and Forestry may expedite the permitting process by issuing permits of general applicability, hereafter identified as general permits.  General permits shall be subject to all the Tier II administrative procedures including the public participation requirements.  The administrative process for rulemaking shall not be applicable to the issuance of general permits.  Individual applicants may obtain authorization through the Tier I process to conduct an activity covered by a general permit.  General permits are limited to activities under the Tier I and Tier II classifications.

Added by Laws 2005, c. 292, § 20, eff. July 1, 2005.

§2-3-1.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-2.  Fire Ant Research and Management Advisory Committee - Fire ant research.

A.  The Fire Ant Research and Management Advisory Committee is established as an advisory committee to the State Board of Agriculture.

B.  The advisory committee shall consist of nine (9) members appointed as follows:

1.  One member representing the faculty of an institution of higher learning of university status and who is experienced in matters of and knowledgeable in entomology, appointed by the Dean of the Division of Agricultural Sciences and Natural Resources of Oklahoma State University;

2.  Two members representing the Department of Agriculture, appointed by the Commissioner of Agriculture;

3.  One member representing the Department of Wildlife Conservation, appointed by the Director of the Department;

4.  One member representing municipal governments, appointed by the Governor;

5.  One member representing the general public, appointed by the Speaker of the House of Representatives;

6.  One member representing the agribusiness industry, appointed by the President Pro Tempore of the Senate; and

7.  Two members representing county commissioners, one appointed by the Speaker of the House of Representatives and one appointed by the President Pro Tempore of the Senate.

C.  The initial appointment for the gubernatorial member shall be a term of one (1) year, the initial appointments for legislative members shall be for terms of (3) years and the initial terms of administrative members shall be for terms of two (2) years.  Subsequent appointments shall be for three-year terms.  Members of the committee shall serve at the pleasure of and may be removed from office by the appointing authority.  Members shall continue to serve until their successors are appointed.  Any vacancy shall be filled in the same manner as the original appointments.  Four members shall constitute a quorum.  A member may serve more than one term.

D.  The members of the advisory committee shall elect a member of the committee to serve as presiding officer for a term of two (2) years.

E.  The advisory committee shall meet not less than two times each year.

F.  The advisory committee may adopt policies for the advisory committee's internal procedures.

G.  Members of the advisory committee are not entitled to compensation for service on the advisory committee but may receive reimbursement for travel expenses pursuant to the State Travel Reimbursement Act payable by the appointing authority.

H.  The advisory committee shall:

1.  Advise, assist and direct the State Department of Agriculture in conducting fire ant research;

2.  Encourage communication with other states that are infested with fire ants; and

3.  Establish a framework for more efficient management of fire ant infestation problems.

I.  The Department of Agriculture in conjunction with Oklahoma State University shall:

1.  Develop the fire ant basic research programs;

2.  Solicit, distribute and create competitive grant and other funding programs for fire ant research;

3.  Engage in activities necessary to maximize funding received from the federal government for management of fire ants and research regarding fire ants;

4.  With the advice of the advisory committee, plan a program of research regarding fire ants;

5.  Provide educational programs regarding fire ant infestation and treatment; and

6.  Conduct public awareness programs regarding fire ant infestation and treatment through the use of the media, publications, demonstrations and other means of public education.

J.  The Department of Agriculture shall contract with Oklahoma State University to conduct fire ant basic research.

Added by Laws 1998, c. 93, § 1, eff. Nov. 1, 1998.

§2-3-11.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-12.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-13.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-14.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-15.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-16.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-17.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-18.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-19.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-20.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-21.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-22.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-23.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-24.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-25.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-26.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-27.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-28.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-29.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-30.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-31.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-32.1.  Definitions.

As  used in this subarticle:

1.  "Broker" means any person who negotiates the purchase or sale of any nursery stock.  A broker may or may not handle either the nursery stock which is involved or the proceeds of a sale;

2.  "Certificate" means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares, or verifies that an article, nursery stock, plant, product, shipment, or any other officially regulated items meet phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or certification, or any other set of legal requirements;

3.  "Compliance agreement" means any written document between a person and the State Department of Agriculture to achieve compliance with any set of requirements being enforced by the Department;

4.  "Cultivar" means a horticulturally, silviculturally, or agriculturally derived cultivated variety of a plant, as distinguished from a natural variety;

5.  "Dealer" means any person who sells, brokers, or distributes nursery stock that was not grown from seeds, cuttings, liners, or similar propagative material by the person but which was bought, received on consignment, or acquired and in the person's possession;

6.  "Dangerously injurious plant pest" means a plant pest that constitutes a significant threat to the agricultural, silvicultural, or horticultural interests of this state, or the state's general environmental quality as determined by the State Board of Agriculture;

7.  "Facilities" means and includes all buildings, greenhouses, storage places, cellars, pits, trenches, bins, containers, packing materials, crates, packing rooms, display bins, refrigerators, ice boxes, and any other structures and materials used in storing, transporting, and distributing nursery stock.  The nursery, dealer, or agent shall maintain the facilities as are necessary for the proper care and conservation of nursery stock;

8.  "Horticulture" means the discipline of agriculture science relating to the cultivation of gardens or orchards, including, but not limited to the growing of vegetables, flowers, and ornamental trees and shrubs;

9.  "Native species" means a species that, other than due to an introduction, historically occurred or currently occurs in that ecosystem;

10.  "Nursery" means and includes any field, ground, greenhouse, bin, pit, plot, or premise where nursery or floral stock is grown, propagated, or sold;

11.  "Nursery operator" means the person who owns, leases, manages, or is in control of a nursery, and is further defined as any person who is a grower of nursery stock;

12.  "Nursery stock" means and includes, whether in field or container, all trees, shrubs, vines, rosebushes, cuttings, grafts, scions, fruit pits, herbaceous plants, evergreens and other ornamental trees, bushes, collected wild plants and trees, decorative plants, flowering plants, bedding plants, vegetable plants for transplanting, aquatic plants, roots, corms, rhizomes, bulbs, and ferns grown for propagation, all packing materials, and other things used in the handling, storing, crating, and shipping of nursery stock.  "Nursery stock" does not include cut Christmas trees, wreaths, seeds, agronomic crops, cut or dried flowers, and herbs;

13.  "Pest" means any living agent that is known to cause damage or harm to agriculture or the environment;

14.  "Phytosanitary certificate" means a document issued by the State Board of Agriculture indicating that the specified live plants or plant products comply with the legal requirements of the importing state or country.  The document may be either a State Phytosanitary Certificate or Federal Phytosanitary Certificate;

15.  "Plant pest" means any pest of plants, agricultural commodities, horticultural products, nursery stock, or non-cultivated plants.  Plant pest includes, but is not limited to,  insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like organisms, weeds, plants, or other parasitic higher plants;

16.  "Sales location" means any principal business location where nursery stock is sold directly to a customer;

17.  "Sell" means to offer for sale, expose for sale, possess for sale, exchange, barter, or trade;

18.  "Seasonal sales operations" means business operations engaged in the nursery business for not more than a total of one hundred eighty days (180) in a calendar year;

19.  "Silviculture" means the development and care of forests;

20.  "Stop sale" means a legal document issued by the Board that prevents the sale of nursery stock due to an infestation of a dangerously injurious plant pest;

21.  "Turfgrass sod" means a strip or section of one or more grasses or other plants acceptable for lawn plantings which, when severed from its growing site, contains sufficient plant roots to remain intact, and does not contain weeds in excess of the amount specified by the Board;

22.  "Vegetable plant" means any plant grown from seed or other vegetative parts and sold as a transplant for the purpose of food production.

Added by Laws 2000, c. 367, § 1, emerg. eff. June 6, 2000.

§2-3-32.2.  Inspections.

Authorized agents of the State Board of Agriculture shall have the authority to inspect any orchard, fruit or garden, park, cemetery, private premises, public place, or any place which may be infested with a plant pest that may be a threat to plants belonging to other property owners or the health or safety of the general public.  The Board, after notice and opportunity for a hearing as provided in the Administrative Procedures Act, shall have the authority to order the owner, occupant, or person in charge to take any necessary action including, but not limited to, the proper treatment or destruction of infested or diseased plants.

Added by Laws 2000, c. 367, § 2, emerg. eff. June 6, 2000.

§2-3-32.3.  Plant pests - Sale - Notice.

A person shall not knowingly propagate, sell, or offer for sale any nursery stock infested or infected with any plant pest.  If the State Board of Agriculture finds any plant pest at any nursery or dealer's facility, the Board shall notify the owner or person in control of the nursery or facility in writing.  The Board shall issue a stop sale until treatment or destruction of the plant pest on nursery stock or in the facility is completed.  No damages shall be awarded to the owner for the loss of infested or infected trees, plants, shrubs, or other plant material destroyed as a result of an order of the Board.

Added by Laws 2000, c. 367, § 3, emerg. eff. June 6, 2000.

§2-3-32.4.  Nursery stock shipments - Inspection certificates.

All nursery stock shipped into Oklahoma shall have a certificate on each package stating that the contents were inspected by an authorized inspecting officer and that the contents appear free from plant pests.  The State Board of Agriculture shall have the authority to inspect all nursery stock.  The Board shall have the authority to order any nursery stock which may be infested with any plant pests destroyed or returned to the consignor at the consignor's expense.

Added by Laws 2000, c. 367, § 4, emerg. eff. June 6, 2000.

§2-3-32.5.  Vegetable plants and transplants - Identification.

All vegetable plants or transplants in flats, crates, baskets or containers, regardless of origin, shall have affixed to the outside, a tag bearing:

1.  The name and address of the grower or dealer for whom this inspection was conducted, except at the grower's location; and

2.  The variety and/or cultivar name under which the vegetable plants are sold.

Added by Laws 2000, c. 367, § 5, emerg. eff. June 6, 2000.

§2-3-32.6.  Turfgrass sod - Identification.

A.  A seller of turfgrass sod shall be required to state on the sales contract, invoice, or bill of lading the following information:

1.  The variety and the named blend or mixture of turfgrass; and

2.  Each different lot of harvested turfgrass sod shall be identified by a sign stating the variety, kinds, or name blend or mixture as stated on the invoice or bill of lading from the shipper when offered or exposed for sale.

B.  All growers shall provide the legal description of all growing fields of sod to the State Department of Agriculture.

Added by Laws 2000, c. 367, § 6, emerg. eff. June 6, 2000.

§2-3-32.7.  Licenses - Inspection fees.

A.  The fee for each grower or dealer, license issued or renewed and inspection conducted shall be as follows:

1.  Grower's license fee - Twenty five Dollars ($25.00) for each business location;

2.  Grower's inspection fee - One Dollar ($1.00) per acre or 1000 square feet of greenhouse area inspected; and

3.  Dealer's license fee - Thirty eight Dollars ($38.00) for each business location.

B.  No fee shall be charged for a grower's license issued to any scientific, agricultural, or horticultural club, educational or eleemosynary institution, or any department or branch of the state or federal government.

C.  All licenses shall expire at a date to be determined by the State Board of Agriculture.  Failure to remit the license fee by the 15th of the month following the expiration month shall result in a penalty fee equal to the cost of the license.

D.  A person shall obtain a license prior to selling or dealing in nursery stock.

E.  All licenses are nontransferable upon any change of ownership.

F.  All penalties, fees, and monies collected under this program shall be paid to the State Department of Agriculture and deposited in the State Department of Agriculture Revolving Fund.

Added by Laws 2000, c. 367, § 7, emerg. eff. June 6, 2000.

§2-3-32.8.  Violations.

It shall be unlawful for any person to knowingly or willfully violate any of the provisions of this subarticle or any rules of the State Board of Agriculture by:

1.  Misrepresenting to another their connection with a nursery, or to:

a. misrepresent the grade, character, variety, or quality of any nursery stock,

b. make a false declaration of acreage,

c. conceal any nursery stock from inspection, or

d. offer for sale nursery stock which is seriously or substantially devitalized;

2.  Failing to furnish the Board with true and exact copies of order forms, contracts, and agreements with customers;

3.  Failing to furnish each purchaser, upon request, a true and correct invoice of each purchase, stating the variety, quality, age, or size of the stock to which the invoice applies;

4.  Selling, offering for sale, or distributing any nursery stock infected or infested with a plant pest;

5.  Selling, offering for sale, or distributing nursery stock that is not healthy, sound, and capable of growth;

6.  Failing to carry out treatment or destruction of nursery stock as ordered by the Board;

7.  Misrepresenting or falsifying information on a license application;

8.  Doing business without a valid license;

9.  Allowing a license to be used by any person other than the person to whom it was issued;

10.  Failing to notify the Board of the legal description of all growing locations of nursery stock or sod;

11.  Failing to allow an authorized agent to complete an inspection or collect adequate samples;

12.  Selling nursery stock restricted by a stop sale order;

13.  Selling, moving, or distributing nursery stock or other material under a quarantine;

14.  Mislabeling nursery stock by using the wrong common name or botanical name;

15.  Transporting any regulated article into the state from a quarantined area of any other state or country when the article has not been treated or handled as provided by the requirements of the quarantine;

16.  Interfering with, hindering, or impeding, by any method, any authorized agent of the Board in the performance of duties; or

17.  Failing to comply with any order of the Board.

Added by Laws 2000, c. 367, § 8, emerg. eff. June 6, 2000.

§2-3-32.9.  Quarantines.

A.  The State Board of Agriculture shall have the authority to establish a quarantine and promulgate rules prohibiting or restricting the transportation into or through Oklahoma from any other state, country, territory, or district of any nursery stock, or other article, of any character, capable of carrying plant pests or other harmful pests.

B.  The quarantine shall show the boundaries of the area or place quarantined and the conditions of the quarantine.

C.  The Board shall have the authority to promulgate rules for the seizure, inspection, disinfection, destruction, or other disposition of any nursery stock, plants, plant products, or other article, of any character, capable of carrying harmful plant pests or other harmful pests.

Added by Laws 2000, c. 367, § 9, emerg. eff. June 6, 2000.  Amended by Laws 2001, c. 146, § 133, emerg. eff. April 30, 2001.

§2-3-35.  Pest Control Compact.

A.  The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

1.  Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the Insurance Fund established by the Pest Control Compact;

2.  Pursuant to this section, copies of bylaws and amendments thereto shall be filed with the Compact administrator;

3.  The Compact administrator for this state shall be the Commissioner of Agriculture.  The duties of the Compact administrator shall be deemed a regular part of the duties of this office;

4.  Within the meaning of this section, a request or application for assistance from the Insurance Fund may be made by the Compact administrator whenever in their judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request; and

5.  The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the Compact shall have credited the appropriate agency fund in the State Treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.

B.  1.  FINDINGS - The party states find that:

a. in the absence of the higher degree of cooperation among them possible under this Compact, the annual loss of approximately One Hundred Thirty-seven Billion Dollars ($137,000,000,000.00) from the depredations of pests is virtually certain to continue, if not to increase,

b. because of the varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests, but all states share the inability to protect themselves fully against those pests which present serious dangers to them,

c. the migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another to complement activities of each other when faced with conditions of infestation and reinfestation, and

d. while every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crops and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an Insurance Fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interest, the most equitable means of financing cooperative pest eradication and control programs.

2.  DEFINITIONS - As used in this Compact, unless the context clearly requires a different construction:

a. "state" means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico,

b. "requesting state" means a state which invokes the procedures of the Compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states,

c. "responding state" means a state requested to undertake or intensify the measures referred to in subparagraph b of this paragraph,

d. "pest" means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses, or other plants of substantial value,

e. "Insurance Fund" means the Pest Control Insurance Fund established pursuant to this Compact,

f. "Governing Board" means the administrators of this Compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this Compact,

g. "Executive Committee" means the committee established pursuant to subparagraph e of paragraph 5 of this subsection, and

h. "executive head" means the Governor of the State of Oklahoma.

3.  THE INSURANCE FUND - There is hereby established a Pest Control Insurance Fund for the purpose of financing extraordinary pest control operations which states may be called upon to engage in pursuant to this Compact.  The Insurance Fund shall contain monies appropriated to it by the party states and any donations and grants accepted by it.  All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this Compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests.  Donations and grants may be conditional or unconditional, provided that the Insurance Fund shall not accept any donation or grant whose terms are inconsistent with any provision of this Compact.

4.  THE INSURANCE FUND, INTERNAL OPERATIONS AND MANAGEMENT

a. The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided.  The actions of the Governing Board and the Executive Committee pursuant to this Compact shall be deemed the actions of the Insurance Fund.

b. The members of the Governing Board shall be entitled to one vote on such board.  No action of the Governing Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Governing Board is cast in favor thereof.  Action of the Governing Board shall be only at a meeting at which a majority of the members are present.

c. The Insurance Fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the Governing Board may provide.

d. The Governing Board shall elect annually, from among its members, a chair, a vice-chair, a secretary and a treasurer.  The chair may not serve successive terms.  The Governing Board may appoint an executive director and fix the duties and compensation of the director, if any.  Such executive director shall serve at the pleasure of the Governing Board.  The Governing Board shall make provision for the bonding of such of the officers and employees of the Insurance Fund as may be appropriate.

e. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chair, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Insurance Fund and shall fix the duties and compensation of such personnel.  The Governing Board in its bylaws shall provide for the personnel policies and programs of the Insurance Fund.  

f. The Insurance Fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation.  

g. The Insurance Fund may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation, and may receive, utilize and dispose of the same.  Any donation, gift, or grant accepted by the Governing Board pursuant to this paragraph or services borrowed pursuant to subparagraph f of this paragraph shall be reported in the annual report of the Insurance Fund.  Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant, or services borrowed and the identity of the donor or lender.

h. The Governing Board shall adopt bylaws for the conduct of the business of the Insurance Fund and shall have the power to amend and to rescind these bylaws.  The Insurance Fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.  

i. The Insurance Fund annually shall make to the Governor and Legislature of each party state a report covering its activities for the preceding year.  The Insurance Fund may make such additional reports as it may deem desirable.  

j. In addition to the powers and duties specifically authorized and imposed, the Insurance Fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this Compact.

5.  COMPACT AND INSURANCE FUND ADMINISTRATION

a. In each party state there shall be a Compact administrator, who shall be selected and serve in such manner as the laws of their state may provide, and who shall:

(1) assist in the coordination of activities pursuant to the Compact in their state, and

(2) represent their state on the Governing Board of the Insurance Fund.

b. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the Governing Board of the Insurance Fund by not to exceed three representatives.  Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the Governing Board or the Executive Committee thereof.

c. The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of the Compact, supervising and giving direction to the expenditure of monies from the Insurance Fund.  Additional meetings of the Governing Board shall be held on call of the chair, the Executive Committee, or a majority of the membership of the Governing Board.

d. At such times as it may be meeting, the Governing Board shall pass upon applications for assistance from the Insurance Fund and authorize disbursements.  When the Governing Board is not in session, the Executive Committee thereof shall act as agent of the Governing Board, with full authority to act for it in passing upon such applications.

e. The Executive Committee shall be composed of the chair of the Governing Board and four additional members of the Governing Board chosen by it so that there shall be one member representing each of four geographic groupings of party states.  The Governing Board shall make such geographic groupings.  If there is representation of the United States on the Governing Board, one such representative may meet with the Executive Committee.  The chair of the Governing Board shall be chair of the Executive Committee.  No action of the Executive Committee shall be binding unless taken at a meeting at which at least four members of such Committee are present and vote in favor thereof.  Necessary expenses of each of the five members of the Executive Committee incurred in attending meetings of such Committee, when not held at the same time and place as a meeting of the Governing Board, shall be charges against the Insurance Fund.

6.  ASSISTANCE AND REIMBURSEMENT  

a. Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests.  It is recognized that performance of this responsibility involves:

(1) the maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this Compact, and

(2) the meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this Compact.

b. Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the Governing Board to authorize expenditures from the Insurance Fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state.  Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted.  A responding state shall use monies available from the Insurance Fund expeditiously and efficiently to assist in affording the protection requested.

c. In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing:

(1) a detailed statement of the circumstances which occasion the request for the invoking of the Compact,

(2) evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass, or other plant having a substantial value to the requesting state,

(3) a statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefor, in connection with the eradication, control, or prevention of introduction of the pest concerned,

(4) proof that the expenditures being made or budgeted as detailed in division 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in division 3 constitutes a normal level of pest control activity,

(5) a declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the Compact in the particular instance can be abated by a program undertaken with the aid of monies from the Insurance Fund in one (1) year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time, and

(6) such other information as the Governing Board may require consistent with the provisions of this Compact.

d. The Governing Board or Executive Committee shall give due notice of any meeting at which an application for assistance from the Insurance Fund is to be considered.  Such notice shall be given to the Compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states.  The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting.

e. Upon the submission as required by subparagraph c of this paragraph and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this Compact and justified thereby, the Governing Board or Executive Committee shall authorize support of the program.  The Governing Board or Executive Committee may meet at any time or place for the purpose of receiving and considering an application.  Any and all determinations of the Governing Board or Executive Committee, with respect to an application, together with the reasons therefor shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof.

f. A requesting state which is dissatisfied with a determination of the Executive Committee shall upon notice in writing given within twenty (20) days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board.  Determinations of the Executive Committee shall be reviewable only by the Governing Board at one of its regular meetings, or at a special meeting held in such manner as the Governing Board may authorize.

g. Responding states required to undertake or increase measures pursuant to this Compact may receive monies from the Insurance Fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the Insurance Fund.  The Governing Board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof.

h. Before authorizing the expenditure of monies from the Insurance Fund pursuant to an application of a requesting state, the Insurance Fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation.

i. The Insurance Fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states, and any other entities concerned.

7.  ADVISORY AND TECHNICAL COMMITTEES - The Governing Board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions.  Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations upon request of the Governing Board or Executive Committee.  An advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the Insurance Fund being considered by such Board or Committee and the Board or Committee may receive and consider the same; provided, that any participant in a meeting of the Governing Board or Executive Committee held pursuant to subparagraph d of paragraph 6 of this subsection shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the Governing Board or Executive Committee makes its disposition of the application.

8.  RELATIONS WITH NONPARTY JURISDICTIONS

a. A party state may make application for assistance from the Insurance Fund in respect of a pest in a nonparty state.  Such application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this paragraph.

b. At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to subparagraph d of paragraph 6 of this subsection, a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the Governing Board or Executive Committee may provide.  A nonparty state shall not be entitled to review of any determination made by the Executive Committee.

c. The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them.  The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of monies from the Insurance Fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the Insurance Fund with respect to expenditures and activities outside of party states.

9.  FINANCE

a. The Insurance Fund shall submit to the executive head or designated officer or officers of each party state a budget for the Insurance Fund for such period as may be required by the laws of that party state for a presentation to the Legislature.

b. Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.  The request for appropriations shall be apportioned among the party states as follows: one-tenth (1/10) of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state.  In determining the value of such crops and products the Insurance Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states.  Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products.

c. The financial assets of the Insurance Fund shall be maintained in two accounts to be designated respectively as the "Operating Account" and the "Claims Account".  The Operating Account shall consist only of those assets necessary for the administration of the Insurance Fund during the next ensuing two-year period.  The Claims Account shall contain all monies not included in the Operating Account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the Insurance Fund for a period of three (3) years.  At any time when the Claims Account has reached its maximum limit or would reach its maximum limit by the addition of monies requested for appropriation by the party states, the Governing Board shall reduce its budget requests on a pro rata basis in such manner as to keep the Claims Account within such maximum limit.  Any monies in the Claims Account by virtue of conditional donations, grants, or gifts shall be included in calculations made pursuant to this subparagraph only to the extent that such monies are available to meet demands arising out of the claims.

d. The Insurance Fund shall not pledge the credit of any party state.  The Insurance Fund may meet any of its obligations in whole or in part with monies available to it under subparagraph g of paragraph 4 of this subsection, provided that the Governing Board take specific action setting aside such monies prior to incurring any obligation to be met in whole or in part in such manner.  Except where the Insurance Fund makes use of monies available to it under subparagraph g of paragraph 4 of this subsection, the Insurance Fund shall not incur any obligation prior to the allotment of monies by the party states adequate to meet the same.

e. The Insurance Fund shall keep accurate accounts of all receipts and disbursements.  The receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting procedures established under its bylaws.  However, all receipts and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and report of the audit shall be included in and become part of the annual report of the Insurance Fund.

f. The accounts of the Insurance Fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the Insurance Fund.

10.  ENTRY INTO FORCE AND WITHDRAWAL

a. This Compact shall enter into force when enacted into law by any five or more states.  Thereafter, this Compact shall become effective as to any other state upon its enactment thereof.

b. Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two (2) years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states.  No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

11.  CONSTRUCTION AND SEVERABILITY - This Compact shall be liberally construed so as to effectuate the purposes thereof.  The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.  If this Compact shall be held contrary to the constitution of any state participating herein the Compact shall remain in full force and effect as to the remaining party states and in full force and effect s to the state affected as to all severable matters.

Added by Laws 2004, c. 54, § 1, eff. Nov. 1, 2004.

§2-3-50.1.  Short title.

Sections 1 through 20 of this act shall be known and may be cited as the "Boll Weevil Eradication Act".

Added by Laws 1993, c. 198, § 1, eff. Sept. 1, 1993.

§2-3-50.2.  Declaration - Purpose.

A.  The Anthonomus grandis Boheman, known as the boll weevil, is hereby declared to be a public nuisance, a pest, and a menace to the cotton industry.  Due to the interstate nature of boll weevil infestation, it is necessary to secure the cooperation of cotton growers, other state governments, and agencies of the federal government in order to carry out a program of boll weevil eradication.

B.  The purpose of the Boll Weevil Eradication Act is to secure the eradication of the boll weevil.

Added by Laws 1993, c. 198, § 2, eff. Sept. 1, 1993.

§2-3-50.3.  Definitions.

As used in the Boll Weevil Eradication Act:

1.  "Board of directors" means the board of directors of the Oklahoma Boll Weevil Eradication Organization elected pursuant to the provisions of the Boll Weevil Eradication Act;

2.  "Boll weevil" means the insect Anthonomus grandis Boheman, in any stage of development, including the egg, larval, pupal and adult stages;

3.  "Commissioner" means the Commissioner of the Department of Agriculture, or his designee;

4.  "Cotton" means a cotton plant or any part of it including bolls, stalk, flowers, root, or leaves or cotton products such as seed cotton, cottonseed, and hulls;

5.  "Cotton grower" means any person who is actively engaged in the production of cotton or who was actively engaged in production of cotton in any two (2) of the three (3) years immediately preceding the calling of an election or a referendum;

6.  "Department" means the State Department of Agriculture;

7.  "Host" means any plant or plant product in which the boll weevil is capable of completing any portion of its life cycle;

8.  "Infested" means the presence of the boll weevil in any life stage or the existence of circumstances that make it reasonable to believe that the boll weevil is present;

9.  "Organization" means the Oklahoma Boll Weevil Eradication Organization established pursuant to the provisions of the Boll Weevil Eradication Act;

10.  "Person" means any individual, corporation, company, society, association, or other business entity; and

11.  "Regulated article" means any article carrying or capable of carrying the boll weevil, including but not limited to cotton plants, seed cotton, gin trash, other hosts, or cotton harvesting equipment.

Added by Laws 1993, c. 198, § 3, eff. Sept. 1, 1993.

§2-3-50.4.  Commissioner of Agriculture - Implementation of certain sections - Cooperation with other agencies.

A.  Upon the effective date of this act, the Commissioner is hereby authorized and directed to implement Sections 5 through 13 of this act.

B.  The Commissioner is authorized to cooperate with any agency of the federal government, any state contiguous to this state, any other agency in this state, or any person engaged in growing, processing, marketing, or handling cotton, or any group of such persons in this state, in programs to implement Sections 5 through 13 of this act, and may enter into written agreements to effectuate such purposes.

Added by Laws 1993, c. 198, § 4, eff. Sept. 1, 1993.

§2-3-50.5.  Oklahoma Boll Weevil Eradication Organization - Formation - Status - Membership - Initial board - Election districts.

A.  1.  The State of Oklahoma shall contain one boll weevil eradication district to be known as the Oklahoma Boll Weevil Eradication Organization for the purpose of eradicating boll weevils as an agency of the State of Oklahoma.  The Organization may enter into agreements with other state agencies, other states, the United States of America and any other entity or party as may be necessary to carry out the purposes of the Boll Weevil Eradication Act.

2.  The Organization shall be, and is hereby declared to be, a governmental agency of the State of Oklahoma, body politic and corporate, with powers of government and with the authority to exercise the rights, privileges and functions specified by the Boll Weevil Eradication Act.

B.  Every person who is a cotton grower in this state is subject to the provisions of the Boll Weevil Eradication Act; however, only eligible cotton growers may vote in the elections provided for by the Boll Weevil Eradication Act.

C.  1.  The Organization's initial board shall be composed of four (4) members.  Three members shall be cotton growers from this state who are selected by the Governor from a list of six persons submitted by the Oklahoma Cotton Improvement Association for purposes of appointment to the initial board.  The fourth member, appointed by the Governor, shall be a representative of state government from this state.  The initial board shall serve only until a board of directors is elected pursuant to Section 3-50.6 of this title.

2.  The primary function of the initial board is to:

a. fairly and equitably establish five election districts,

b. conduct the election of the first board of directors of the Organization,

c. establish written procedures for the due and orderly administration of the affairs of the initial board and for its responsibilities specified pursuant to the provisions of the Boll Weevil Eradication Act,

d. advise, consult and cooperate with agencies of this state and political subdivisions thereof, other states, the federal government and with affected groups,

e. collect and disseminate information relating to boll weevil eradication,

f. hold public hearings regarding the establishment of election districts, and

g. facilitate the expeditious transfer of authority to the elected board of directors.

3.  In creating election districts the initial board shall utilize geographic areas balanced by cotton production density as the primary factor.

Added by Laws 1993, c. 198, § 5, eff. Sept. 1, 1993.  Amended by Laws 1997, c. 381, § 1, eff. July 1, 1997; Laws 1998, c. 253, § 1, eff. July 1, 1998; Laws 2000, c. 231, § 1, emerg. eff. May 24, 2000.

§2-3-50.6.  Organization - Board of directors - Election procedure.

A.  1.  The first election for the board of directors shall be conducted under the procedures provided by this section.

2.  A cotton grower who desires to be a candidate for the board of directors must file a petition signed by five (5) cotton growers with the initial board.  The application must be:

a. filed not later than thirty (30) days before the date set for the election, and

b. on a form approved by the initial board.

3.  On receipt of an application and verification that the application meets the requirements of this section, an applicant's name shall be placed on the ballot for the election for the board of directors.

4.  The election must be preceded by at least forty-five (45) days' notice published in one or more newspapers published and distributed in the established election districts.  The notice shall be published not less than once a week for three (3) consecutive weeks.

B.  All cotton growers actively engaged in the production of cotton in the year of the calling of such election or who were actively engaged in production of cotton in any two (2) of the three (3) years immediately preceding the calling of the election shall be entitled to vote in any such election.  The initial board shall determine any questions of eligibility to vote.

C.  1.  The Department shall bear all reasonable expenses incurred in conducting the election of the first board of directors.  All such expenses shall be approved by the Commissioner prior to being incurred.

2.  The written procedures established by the initial board for the election process shall include but not be limited to provisions for determining:

a. who is a cotton grower eligible to vote in an election,

b. whether a board member is elected by a plurality or a majority of the votes cast, and

c. qualifications for membership of the board of directors.

3.  An eligible cotton grower may vote in any district in which he produces cotton.

D.  Ballots in an election may be mailed to a central location or delivered in person to a location or locations designated by the initial board.

Added by Laws 1993, c. 198, § 6, eff. Sept. 1, 1993.

§2-3-50.7.  Board of directors - Composition - Terms of office - Powers and duties - Definition of bonds - Bylaws - Additional powers, duties and responsibilities - Liability - Compensation.

A.  1.  Except as otherwise provided by this section, the board of directors of the Oklahoma Boll Weevil Eradication Organization shall be composed of five (5) cotton growers from this state, each of whom are elected from the five separate districts established by the initial board.

2.  The terms of office of the elected board of directors, except as otherwise provided by this section, shall be as follows:

a.  one (1) year for district one,

b.  two (2) years for districts two and four, and

c.  three (3) years for districts three and five.

Thereafter the term of office shall be for three (3) years.

3.  Each district shall also elect an alternate to serve for one or more of the following reasons:

a. the death of the director,

b. the resignation of the director,

c. the incapacity of the director for a period of four (4) consecutive months or more,

d. if the director's principal residence changes to a location outside the district from which the director was elected, or

e. if the director is removed from office by a majority vote of the board of directors for cause.  Causes for removal include the following:

(1) neglect of duty,

(2) willful misconduct,

(3) malpractice in office,

(4) self-dealing,

(5) incompetency,

(6) gross inefficiency, or

(7) any other unbecoming conduct which can or may affect the Organization's ability to satisfactorily perform its duties or carry out its mission as a public body or otherwise.

The alternate director must take the oath of office before assuming the role as a director on the board.

4.  The directors and alternate directors shall hold office until their respective successors are elected.

5.  The cotton grower with the highest number of votes from each district shall be elected as the director each election.  The cotton grower with the second highest number of votes from each district shall be elected as the alternate director each election.

B.  The board of directors shall have the power and duty to:

1.  Conduct board elections in the event of a vacancy on the board of directors;

2.  Conduct assessment referenda pursuant to Section 3-50.9 of this title;

3.  Conduct programs consistent with the Boll Weevil Eradication Act;

4.  Develop a proposed maximum assessment for implementation of the Boll Weevil Eradication Act.  The assessment levied pursuant to the Boll Weevil Eradication Act shall be determined upon a fair and equitable system that is based upon cotton production and infestation factors.  The board of directors shall determine the collection method and manner and the period of time for which the assessment is to be levied pursuant to Section 3-50.9 of this title;

5.  Develop bylaws for the due and orderly administration of the affairs of the board of directors and for its responsibilities specified pursuant to the provisions of the Boll Weevil Eradication Act;

6.  Develop, implement and pay for a plan for boll weevil eradication in this state;

7.  Advise, consult and cooperate with agencies of this state and political subdivisions thereof, other states, the federal government and with affected groups;

8.  Collect and disseminate information relating to boll weevil eradication;

9.  Contract with agencies of this state and political subdivisions thereof, other states, the federal government and other organizations or persons to comply and fulfill its mission pursuant to the provisions of the Boll Weevil Eradication Act;

10.  Hold public hearings regarding the assessment referenda or for other purposes consistent with the provisions of the Boll Weevil Eradication Act;

11.  Designate one or more areas of this state as "elimination zones" where boll weevil eradication programs will be undertaken;

12.  Sue and be sued, implead and be impleaded, complain and defend in all courts;

13.  Adopt, use, and alter at will a corporate seal;

14.  Adopt bylaws for the management and regulation of its affairs and to promulgate and issue rules governing its operations;

15.  Appoint officers, agents and employees and prescribe their duties and fix their compensation, within any limitations prescribed by law;

16.  Make contracts of every name and nature and execute all instruments necessary or convenient for the carrying on of its business;

17.  Accept grants from and enter into contracts or other transactions with any federal agency;

18.  Issue and sell bonds, or otherwise borrow money, in such amounts as shall be needed from time to time for the purposes set forth in the Boll Weevil Eradication Act.

a. Such bonds may:

(1) be issued in one or more series,

(2) bear such date or dates,

(3) mature at such time or times not exceeding twenty (20) years from their date,

(4) be in such denomination or denominations,

(5) be in such form, either coupon or registered,

(6) carry such registration and conversion privileges,

(7) be executed in such manner,

(8) be payable in such medium of payment at such place or places,

(9) be subject to such terms of redemption with or without premium, and

  (10) bear such rate or rates of interest, as may be provided by resolution or resolutions to be adopted by the Board within such limits provided by law, and be sold in such manner and at such price or prices as may be considered by the Board to be advisable.

b. Bonds shall have all the qualities and incidents of negotiable paper and the interest thereon shall not be subject to taxation by the State of Oklahoma.

c. The board of directors may issue bonds pursuant to the Boll Weevil Eradication Act for the purpose of refunding any obligations of the board of directors, or may authorize and deliver a single issue of bonds hereunder for the purpose in part of refunding obligations of the board.

d. The bonds issued pursuant to the Boll Weevil Eradication Act shall not be an indebtedness of the State of Oklahoma but shall be special obligations payable solely from the assessments.  The board of directors is authorized and directed to pledge all or any part of such assessments to the payment of and interest on the bonds.

e. The board of directors may enter into any agreement or contracts with the United States of America or the State of Oklahoma or any agency or instrumentality thereof which it may consider advisable or necessary in order to obtain a grant of funds or other aid to be used in connection with the proceeds of the bonds.

f. All bonds issued pursuant to the Boll Weevil Eradication Act shall have on the backs thereof the certificate required by Section 29 of Article 10 of the Constitution of Oklahoma.  Such bonds shall be submitted to the Attorney General of Oklahoma for examination.  Such bonds, having been examined and certified as legal obligations by the Attorney General in accordance with such requirements as the Attorney General may make, shall be incontestable in any court in the State of Oklahoma unless suit thereon shall be brought in a court having jurisdiction thereof within thirty (30) days from the date of such approval.  Bonds so approved by the Attorney General shall be prima facie valid and binding obligations according to their terms.  The only defense which may be offered thereto in any suit instituted after such thirty-day period shall have expired shall be a violation of the Constitution.

g. Any bank, trust or insurance company organized under the laws of Oklahoma may invest its capital, surplus and reserves in bonds issued under the provisions of the Boll Weevil Eradication Act;

19.  File an application, at its discretion, with the Supreme Court of Oklahoma for the validation of the Boll Weevil Eradication Act or for the approval of any series of bonds to be issued hereunder or any other actions to be taken by the board of directors.  Exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application.

a. It shall be the duty of the Supreme Court to give such applications precedence over the other business of the Supreme Court and to consider and pass upon the applications and any protests which may be filed thereto as speedily as possible.

b. Notice of the hearing on each application shall be given by a notice published in a newspaper of general circulation in the state that on a day named, the board of directors will ask the court to hear its application.  Such notice shall inform all persons interested that they may file protests against the validation or approval and be present at the hearing and contest the same.  Such notice shall be published one time, not less than ten (10) days prior to the date named for the hearing, and the hearing may be adjourned from time to time at the discretion of the court.

c. In any action to approve bonds, if the Supreme Court is satisfied that the bonds have been properly authorized in accordance with the provisions of the Boll Weevil Eradication Act and that when issued they will constitute valid obligations in accordance with their terms, the Supreme Court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed.  The decision of the Supreme Court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the board of directors, its officers and agents, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma;

20.  Conduct elections, at the discretion of the board of directors, for any lawful purpose, including, but not limited to, any assessment modification policy to deal with natural disasters.  Election procedures shall be established by the board of directors.  Fifty percent (50%) or more of the cotton growers voting must approve each ballot issue for its adoption;

21.  Reexamine the number and composition of the existing election districts in order to ensure fair and equitable geographic areas based upon cotton production density.  If the board of directors determine that either the number or composition or both the number and composition of the election districts should be reestablished, the board of directors shall:

a. fairly and equitably establish the election districts necessary utilizing geographic areas based upon cotton production density as the primary factor,

b. conduct the election of the next board of directors and alternates consistent with subsection A of this section,

c. hold public hearings regarding the establishment of election districts,

d. facilitate the expeditious transfer of authority to the newly elected board of directors, and

e. establish initial terms of office for the new board consistent with subsection A of this section.

The duly elected board of directors shall have the same powers and duties as assigned to the original board of directors and such other powers and duties granted pursuant to the Boll Weevil Eradication Act; and

22.  Take such other actions deemed necessary by the board of directors to implement the provisions of the Boll Weevil Eradication Act.

C.  As used in subsection B of this section, "bonds" means bonds, notes, loan agreements, or other forms of indebtedness issued or delivered by the Oklahoma Boll Weevil Eradication Organization.

D.  The bylaws established by the board of directors relating to boll weevil eradication and the assessment referenda shall be submitted to the State Board of Agriculture for determination as to whether such bylaws will be promulgated as rules of the State Board of Agriculture.  Such bylaws may be promulgated in whole or in part or may be returned for modification to the board of directors.  The State Board of Agriculture shall comply with the Administrative Procedures Act in promulgating any rules adopted pursuant to the provisions of this subsection.

E.  The board of directors shall:

1.  Make available all books, records of account and minutes of proceedings maintained by the Organization for inspection by the Office of the State Auditor and Inspector for an annual independent audit when bonds are issued pursuant to the Boll Weevil Eradication Act.  When bonds are not issued, the board of directors shall comply with the reporting requirements of paragraph 2 of this subsection;

2.  Not later than forty-five (45) days after the last day of the fiscal year, submit to the Commissioner a report itemizing all income and expenditures and describing all activities of the Organization during the fiscal year;

3.  Provide surety bonds in amounts determined by the Commissioner for employees or agents who handle funds for the Organization;

4.  Receive, hold in trust, and disburse all assessments and other funds collected pursuant to the Boll Weevil Eradication Act as trust funds of the Organization; and

5.  Make available all books, records of account and minutes of proceedings of the Organization for inspection or audit by the Commissioner at any reasonable time.

F.  1.  Pursuant to the authority granted by the Boll Weevil Eradication Act, except for instances of gross negligence, individual criminal actions or acts of dishonesty, the board of directors and employees of the board of directors are not individually liable to a cotton grower or other person for:

a. errors in judgment,

b. mistakes, or

c. omissions.

2.  Under no circumstances shall the board of directors, the individual board members or employees of the board of directors be personally liable for any bonds of the Organization.

3.  A member of the board of directors or an employee of the board of directors is not individually liable for an act or omission of another member or employee of the board of directors.

G.  The board of directors shall serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties.

Added by Laws 1993, c. 198, § 7, eff. Sept. 1, 1993.  Amended by Laws 1997, c. 381, § 2, eff. July 1, 1997; Laws 1998, c. 253, § 2, eff. July 1, 1998; Laws 2000, c. 30, § 1, emerg. eff. April 6, 2000; Laws 2005, c. 93, § 1, eff. Nov. 1, 2005.

§2-3-50.8.  Certification of acreage in program.

Every person growing cotton in this state shall annually certify to the board of directors the number of acres in the program and provide the legal description and the Farm Services Agency (FSA) numbers of the United States Department of Agriculture for each field.  The certification shall occur on or before July 20 of each year.  The cotton grower shall also furnish to the board of directors any other information reasonably required to carry out the provisions of the Boll Weevil Eradication Act.

Added by Laws 1993, c. 198, § 8, eff. Sept. 1, 1993.  Amended by Laws 1997, c. 381, § 3, eff. July 1, 1997; Laws 2000, c. 231, § 2, emerg. eff. May 24, 2000; Laws 2005, c. 93, § 2, eff. Nov. 1, 2005.

§2-3-50.9.  See OS 2-3-50.9v1 or OS 2-3-50.9v2.

§2-3-50.9a.  Collection of assessment.

A.  1.  The assessment imposed pursuant to the provisions of the Boll Weevil Eradication Act shall be levied on a cotton grower at the time of sale and shall be collected and remitted to the board of directors by the cotton gin serving as the selling agent for the cotton produced.  The cotton gins shall furnish monthly reports to the board of directors on or before the tenth day of each month regarding the assessments collected, pay all of the assessments collected each month, and furnish the board with any other information reasonably requested by it to ensure the collection of the assessments for each grower.

2.  Pursuant to the provisions of the Boll Weevil Eradication Act no cotton shall be subject to assessment of a fee more than once.

B.  1.  The cotton gin serving as selling agent for the cotton grower shall collect the assessment in the same manner as ginning costs are deducted from the purchase price of the cotton or from any funds advanced for that purpose.

2.  The board of directors, by registered or certified mail, shall notify each cotton gin of the duty to collect the assessment, the manner in which the assessment is to be collected, and the date on or after which the cotton gin is to begin collecting the assessment.

3.  The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction.  The cotton gin, as the seller's agent, shall furnish a copy of the document to the cotton grower.

C.  1.  The cotton gin may rely upon the information or certification provided by the board of directors to the cotton gin regarding the number of cotton acres and other related information as deemed necessary by the board of directors in determining the amount of assessment due and owing from the cotton grower.

2.  A cotton gin collecting an assessment from a cotton grower based upon information or a certification provided by the board of directors regarding such cotton grower shall be relieved of any liability for any errors or omissions in such assessment should it later be determined that the assessment was inaccurate.

3.  Every cotton grower shall keep accurate production records on the amount of cotton ginned and the number of acres planted and harvested for a minimum of two (2) years.  Copies shall be furnished to any authorized agent of the board of directors at any time during reasonable business hours of the cotton grower, immediately upon request in person, or within ten (10) working days of a written request by mail, fax, e-mail, web site, or any other electronic media customarily used.

D.  The provisions contained in this section apply to all cotton gins located in the State of Oklahoma or in any other state.

Added by Laws 1997, c. 381, § 5, eff. July 1, 1997.  Amended by Laws 2000, c. 231, § 4, emerg. eff. May 24, 2000; Laws 2005, c. 93, § 3, eff. Nov. 1, 2005.

§2-3-50.9v1.  Assessment referendum - Lien for value of assessment or treatment.

A.  At the request of the board of directors, the Department shall provide for a referendum among cotton growers upon the question of whether an assessment shall be levied upon the cotton growers in the state to offset the cost of boll weevil eradication.

B.  A public hearing regarding the proposed assessment shall be held in each of several locations within the state.

C.  All cotton growers actively engaged in the production of cotton in the year of the calling of such referendum or who were actively engaged in production of cotton in any two (2) of the three (3) years immediately preceding the calling of the referendum shall be entitled to vote in any such referendum.  The board of directors shall determine any questions of eligibility to vote.

D.  The Department shall bear all reasonable expenses incurred in conducting a referendum.  All such expenses shall be approved by the Commissioner prior to their being incurred.

E.  The bylaws of the board of directors shall provide for referendum procedures.

F.  The board of directors shall propose in the referendum the:

1.  Maximum assessment to be paid by cotton growers by district;

2.  Time for which the assessment will be levied; and

3.  Method and manner of assessment.

Upon receipt of all the ballots, the board of directors shall count the ballots for and against the assessment as prescribed in the bylaws and submit a complete transcript of the election to the Oklahoma Attorney General for review.  Upon approval of the election transcript by the Attorney General, the election shall become incontestable in any court in the State of Oklahoma unless such shall be brought in a court having jurisdiction of the matter within thirty (30) days of such approval.

G.  An eligible cotton grower may vote only once in the referendum.

H.  Ballots in a referendum may be mailed to a central location or may be cast personally by the cotton grower at a location or locations specified by the board of directors.

I.  A referendum is approved if at least sixty percent (60%) of those voting vote in favor of the assessment.

J.  If a boll weevil eradication referendum is approved, the board of directors shall provide for the collection of the annual assessment from the cotton growers in the year such assessment is approved.

K.  If the first assessment under this section is not approved, the board of directors may conduct one other referendum at state expense.  Additional referenda may be conducted as necessary by the board of directors from any other funds available to the board of directors.  Such other referenda shall not be held before the one hundred twenty-first day after the date on which the last referendum on the same issue was held.

L.  1.  After the passage of any referendum, the eligible voters shall be allowed, by subsequent referenda periodically to vote on whether to continue the assessments.  All of the requirements for an initial referendum must be met in subsequent referenda except that any subsequent referenda, except as otherwise provided by subsection K of this section, shall be paid from any funds available to the organization.

2.  For any referendum proposing to terminate the assessment, the ballots must inform the eligible voters that even though the termination of the assessment may be approved by the eligible voters, the assessment shall continue to be paid until all outstanding bonds or other obligations of the Organization have expired or been retired.

3.  Upon the determination by the board of directors that the boll weevil assessment has been terminated, pursuant to this subsection, the board of directors shall provide notice of such termination to the Commissioner.  Any such notice shall include documentation of the termination of the assessment and a plan for expiring all of the organization's outstanding obligations.  In the event a referendum results in the termination of the eradication program, the assessment shall continue to be paid by the existing membership of the eradication district until any outstanding obligations are expired.  Upon the completion of the expiration of all outstanding obligations of the organization, the board of directors shall file a financial final report with the Commissioner showing payment of such obligations.

M.  1.  The board of directors or the Department if the board of directors is unable to comply with the provisions of this section shall, upon filing, have a lien for the value of such assessment or treatment on the cotton production of the cotton grower in the district.  The lien shall be superior and paramount, whether in time or not, to that of all persons having an interest in the cotton and shall continue until the total assessment, due and owing, is paid.  In no event shall the lien be construed to be a lien on the real estate.

2.  Evidence of the lien created by this section shall be filed by the board of directors in the office of the county clerk of the county where the land on which the cotton is growing or to be grown is located within one hundred twenty (120) days after the treatment on the cotton has been applied or at any time before the assessment is required to be paid.  The statements shall be recorded by the county clerk in the mechanics and materialmans lien docket rather than pursuant to the provisions of Article 9 of Title 12A of the Oklahoma Statutes.  The statement shall contain the following:

a. the name and address of the person to whom the treatment was furnished,

b. the legal description of the land on which the cotton is growing or to be grown, and

c. a description and value of the services provided or the amount of assessment due and owing.

If the actual assessment is unknown, the board of directors may simply note the fact that the assessment is a specific amount per acre and one cent ($.01) per lint pound.

3.  Each cotton grower shall pay the annual assessment imposed upon the sale of the cotton.  Any lien authorized by the Boll Weevil Eradication Act shall continue until the assessment is paid in full.

Added by Laws 1993, c. 198, § 9, eff. Sept. 1, 1993.  Amended by Laws 1997, c. 19, § 1, eff. July 1, 1997; Laws 1997, c. 381, § 4, eff. July 1, 1997; Laws 2000, c. 231, § 3, emerg. eff. May 24, 2000.

§2-3-50.9v2.  Assessment referendum - Lien for value of assessment or treatment.

A.  At the request of the board of directors of the Oklahoma Boll Weevil Eradication Organization, the State Department of Agriculture shall provide for a referendum among cotton growers upon the question of whether an assessment shall be levied upon cotton growers in the state to offset this cost of boll weevil eradication.

B.  A public hearing regarding the proposed assessment shall be held in each of several locations within the state.

C.  All cotton growers actively engaged in the production of cotton in the year in which a referendum is called or who were actively engaged in production of cotton in any two (2) of the three (3) years immediately preceding the calling of the referendum shall be entitled to vote in the referendum.  The board of directors shall determine any questions regarding eligibility to vote.

D.  The Department shall bear all reasonable expenses incurred in conducting a referendum.  All such expenses shall be approved by the Commissioner prior to their being incurred.

E.  The bylaws of the board of directors shall provide for referendum procedures.

F.  1.  The board of directors shall propose in the referendum the:

a. maximum assessment to be paid by cotton growers by district,

b. time for which the assessment will be levied, and

c. method and manner of assessment.

2.  Upon receipt of all ballots, the board of directors shall count the ballots for and against the assessment as prescribed in the bylaws and submit a complete transcript of the election to the Oklahoma Attorney General for review.  Upon approval of the election transcript by the Attorney General, the election shall become incontestable in any court in this state unless brought in a court having jurisdiction of the matter within thirty (30) days of approval.

G.  An eligible cotton grower may vote only once in the referendum.

H.  Ballots in a referendum may be mailed to a central location or may be cast personally by the cotton grower at a location or locations specified by the board of directors.

I.  A referendum is approved if at least sixty percent (60%) of those voting vote in favor of the assessment.

J.  If a boll weevil eradication referendum is approved, the board of directors shall provide for the collection of the annual assessment from the cotton growers in the year in which the assessment is approved.

K.  If the first assessment under this section is not approved, the board of directors may conduct one other referendum at state expense.  Additional referenda may be conducted as necessary by the board of directors from any other funds available to the board of directors.  Such other referenda shall not be held before the one hundred twenty-first day after the date on which the last referendum on the same issue was held.

L.  1.  After the passage of any referendum, the eligible voters shall be allowed, by subsequent referenda periodically to vote on whether to continue the assessments.  All of the requirements for an initial referendum must be met in subsequent referenda except that any subsequent referenda, except as otherwise provided by subsection K of this section, shall be paid from any funds available to the organization.

2.  For any referendum proposing to terminate the assessment, the ballots must inform the eligible voters that even though the termination of the assessment may be approved by the eligible voters, the assessment shall continue to be paid until all outstanding bonds or other obligations of the Organization have expired or been retired.

3.  Upon the determination by the board of directors that the boll weevil assessment has been terminated, pursuant to this subsection, the board of directors shall provide notice of such termination to the Commissioner.  Any such notice shall include documentation of the termination of the assessment and a plan for expiring all of the organization's outstanding obligations.  In the event a referendum results in the termination of the eradication program, the assessment shall continue to be paid by the existing membership of the eradication district until any outstanding obligations are expired.  Upon the completion of the expiration of all outstanding obligations of the organization, the board of directors shall file a financial final report with the Commissioner showing payment of such obligations.

M.  1.  The board of directors, or the Department if the board of directors is unable to comply with the provisions of this section, shall, upon filing, have an agricultural lien for the value of such assessment or treatment on the cotton production of the cotton grower in the district.  The lien shall be superior and paramount, whether in time or not, to that of all persons having an interest in such cotton production and shall continue until the total assessment, due and owing, is paid.

2.  The lien created by this section shall not be effective unless filed as an agricultural lien pursuant to Article 9 of the Uniform Commercial Code.

3.  The lien created by this section may be foreclosed by the sale of the cotton subject to the lien anytime within twelve (12) months after the filing of the lien in accordance with the provisions of this section.

4.  The board of directors shall file the verified statements specified by this subsection annually during the course of the program.

5.  The verified statements may list all of the information on a single affidavit for each county.  The verified statement filed with the Secretary of State may also cover all of the cotton producers involved in the program on one affidavit.

Added by Laws 1993, c. 198, § 9, eff. Sept. 1, 1993.  Amended by Laws 1997, c. 19, § 1, eff. July 1, 1997; Laws 1997, c. 381, § 4, eff. July 1, 1997; Laws 2000, c. 371, § 145, eff. July 1, 2001.

§2-3-50.10.  Boll Weevil Eradication Fund.

A.  There is hereby created the Boll Weevil Eradication Fund.  The Boll Weevil Eradication Fund shall be administered by the board of directors for the benefit of the cotton growers in this state to eradicate boll weevils.  The Boll Weevil Eradication Fund shall be established and maintained in a bank or other depository approved by the Commissioner.

B.  The Boll Weevil Eradication Fund shall consist of:

1.  All monies received by the board of directors as proceeds from the assessment imposed pursuant to Section 9 of this act;

2.  Interest attributable to investment of money in the Boll Weevil Eradication Fund; and

3.  Monies received by the board of directors in the form of gifts, grants, reimbursements, or from any other source designated by law for deposit to the Boll Weevil Eradication Fund.

C.  1.  Except as otherwise provided by law, the monies deposited in the Boll Weevil Eradication Fund shall at no time become monies of the state.

2.  Any costs incurred by the board of directors pursuant to the provisions of the Boll Weevil Eradication Act shall not exceed the actual expenditures made by the board of directors to implement and manage the Boll Weevil Eradication Act.

D.  Monies in the Boll Weevil Eradication Fund shall only be expended for:

1.  Implementation and management of the Boll Weevil Eradication Act; and

2.  Costs incurred by the board of directors and the State Board of Agriculture for the administration of the Boll Weevil Eradication Act.

E.  Any debts or obligations of the organization shall not become or be construed to be obligations of this state.

F.  The Organization shall provide to the Department an annual audit of the Boll Weevil Eradication Fund performed by a certified public accountant.

Added by Laws 1993, c. 198, § 10, eff. Sept. 1, 1993.

§2-3-50.11.  Oklahoma Department of Agriculture, Food, and Forestry - Collection of assessment and administrative penalty - Disposition of penalty.

A.  The board of directors may request the State Department of Agriculture to provide for the collection of the assessment or for other enforcement action necessary as determined by the board of directors for violations of the Boll Weevil Eradication Act and for collection of any administrative penalty from any person who is determined to have violated any provision of the Boll Weevil Eradication Act.

B.  Failure by any person to comply with any provisions of the Boll Weevil Eradication Act may result in assessment of an administrative penalty of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) for each violation.

C.  Any penalty collected pursuant to the provisions of this section shall be deposited in the Boll Weevil Eradication Fund, provided, the Department shall be reimbursed for any costs incurred by the Department in the enforcement of this section.

Added by Laws 1993, c. 198, § 11, eff. Sept. 1, 1993.  Amended by Laws 2000, c. 231, § 5, emerg. eff. May 24, 2000; Laws 2005, c. 93, § 4, eff Nov. 1, 2005.

§2-3-50.12.  Completion of boll weevil eradication program - Notice - Request for discontinuance - Determination - Dissolution - Final report - Final books - Disposition of funds.

A.  Upon the determination by the board of directors that the boll weevil eradication program has been completed, the board of directors shall provide notice of such completion to the Commissioner along with a request for discontinuance of the eradication program.  Any such request shall include documentation supporting the eradication of the boll weevil in this state and a plan for discontinuance of the program and assessment.

B.  The Commissioner shall determine whether or not the further elimination of the boll weevil is necessary and approve or disapprove discontinuance of the Organization and the plan for dissolution.

C.  Upon completion of dissolution, the board of directors shall file a final report with the Commissioner including a financial report.  Final books of the board of directors shall be filed with the Commissioner, and are subject to audit by the Department.

D.  The Commissioner shall pay from the Organization's remaining funds all of the Organization's outstanding obligations.  Funds remaining after payment under this paragraph shall be returned to contributing cotton growers on a pro rata basis.

Added by Laws 1993, c. 198, § 12, eff. Sept. 1, 1993.

§2-3-50.13.  Referendum for discontinuance of boll weevil eradication program.

A.  If forty percent (40%) or more of the cotton growers within this state participating in the program present to the board of directors a petition calling for a referendum of the qualified voters on the proposition of discontinuing the program, the board of directors shall conduct a referendum for that purpose.

B.  The board of directors shall give notice of the referendum and conduct the referendum as provided in Section 9 of this act provided that such referendum shall be at the expense of the board of directors.

C.  The board of directors shall conduct the referendum within ninety (90) days of the date of filing of the petition.

D.  Approval of the proposition is by majority vote of those voting.  If the proposition is approved, the program shall be abolished.

Added by Laws 1993, c. 198, § 13, eff. Sept. 1, 1993.

§2-3-50.14.  Implementation of boll weevil eradication programs - Use of state-appropriated monies prohibited - Reimbursement of Department's costs and expenses.

A.  Upon the passage and collection of the assessment pursuant to Section 9 of this act, the Commissioner is hereby authorized to carry out programs of the board of directors to eradicate boll weevils in this state at the request of the board of directors.

B.  State-appropriated monies shall not be a funding source for activities conducted pursuant to Sections 15 through 20 of this act.  The Department shall be reimbursed for any costs and expenses incurred as a result of Sections 15 through 20 of this act.

Added by Laws 1993, c. 198, § 14, eff. Sept. 1, 1993.

§2-3-50.15.  Cooperation with other agencies - Written agreements.

The Commissioner is authorized to cooperate with any agency of the federal government, any state contiguous to this state, any other agency in this state, or any person engaged in growing, processing, marketing, or handling cotton in this state, or any group of such persons, in programs to effectuate the purposes of the Boll Weevil Eradication Act, and may enter into written agreements to effectuate such purposes.  The agreements may provide for cost sharing, for division of duties and responsibilities pursuant to the Boll Weevil Eradication Act and may include other provisions generally to effectuate the purposes of the Boll Weevil Eradication Act.

Added by Laws 1993, c. 198, § 15, eff. Sept. 1, 1993.

§2-3-50.16.  Right of entry - Inspections and other activities - Warrants.

A.  1.  The board of directors, or the Department at the request of the board of directors, shall have authority, to:

a. enter cotton fields and other premises in order to carry out activities, including but not limited to treatment with pesticides, monitoring, and destruction of growing cotton and other host plants, as may be necessary to carry out the provisions of the Boll Weevil Eradication Act,

b. make inspection of any fields or premises in this state and any property located therein or thereon for the purpose of determining whether such property is infested with boll weevils,

2.  The inspection and other activities may be conducted at any hour with the permission of the owner or person in charge of the premises or property.  If permission is denied, the inspection and other activities shall be conducted in a reasonable manner, with a warrant, with respect to any premises or property.

B.  Any judge of this state may, within his territorial jurisdiction, and upon proper cause to believe that any cotton or other regulated article is in or upon any premises in this state, issue warrants for the purpose of conducting administrative inspections and other activities authorized by the Boll Weevil Eradication Act.

Added by Laws 1993, c. 198, § 16, eff. Sept. 1, 1993.

§2-3-50.17.  Rules.

A.  The State Department of Agriculture is authorized to promulgate rules, including, but not limited to:

1.  Quarantining this state, or any portion thereof;

2.  Governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas, when the Department determines that such action is necessary, or reasonably appears necessary, to prevent, eradicate, or retard the spread of boll weevils; and

3.  Governing the movement of regulated articles from any other state or portion thereof into this state when such state is known to be infested with boll weevils.  Before quarantining any area, the Department shall hold a public hearing, at which any interested party may appear and be heard either in person or by attorney.  Provided however, the Department may promulgate rules, imposing a temporary quarantine for a period not to exceed sixty (60) days, during which time a public hearing, as herein provided, shall be held if it appears that a quarantine for more than sixty (60) days will be necessary to prevent, eradicate, or retard the spread of boll weevils.

B.  1.  The Department shall promulgate rules establishing a reasonable schedule of administrative penalties for violations of the Boll Weevil Eradication Act.

2.  Any rules promulgated pursuant to the Boll Weevil Eradication Act shall be promulgated in accordance with the Administrative Procedures Act.

Added by Laws 1993, c. 198, § 17, eff. Sept. 1, 1993.  Amended by Laws 2000, c. 231, § 6, emerg. eff. May 24, 2000.

§2-3-50.18.  Destruction of cotton in elimination zones - Volunteer or other noncommercial cotton - Payment for losses.

A.  When a cotton grower fails to meet the rules promulgated by the Department, the Commissioner, at the request of the board of directors, shall have authority to destroy cotton in elimination zones not in compliance with such rules.

B.  The Commissioner, at the request of the board of directors shall have authority to destroy, or to treat with pesticides, volunteer or other noncommercial cotton in elimination zones.

C.  The board of directors shall pay for losses resulting from the destruction of cotton which was planted in elimination zones prior to publication notice of the elimination zone as provided in Section 7 of this act.

Added by Laws 1993, c. 198, § 18, eff. Sept. 1, 1993.

§2-3-50.19.  Unlawful acts relating to quarantined area - Moving infested article into state - Penalties.

A.  It shall be unlawful for any person to store or handle any regulated article in a quarantined area, or to move into or from a quarantined area any regulated article, except under such conditions as may be prescribed by the rules promulgated by the Commissioner.

B.  Any person who, except in compliance with the rules of the Department, moves any regulated article into this state from any other state which the Department found in such rules is infested by boll weevils shall be deemed guilty of a misdemeanor and, upon conviction thereof shall be subject to the penalty provided in Section 20 of this act.  In addition, such person may be required to pay restitution for any damages caused by a violation of this section.

Added by Laws 1993, c. 198, § 19, eff. Sept. 1, 1993.

§2-3-50.20.  Violations - Penalties.

A.  Any person who violates any of the provisions of Boll Weevil Eradication Act or the rules promulgated thereto, or who shall alter, forge, counterfeit, or use without authority any certificate or permit or other document provided for in the Boll Weevil Eradication Act or in rules promulgated thereto shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00).

B.  Except as otherwise provided by the Boll Weevil Eradication Act any penalty collected by the Department pursuant to the provisions of this section shall be deposited in the Agriculture Revolving Fund.

Added by Laws 1993, c. 198, § 20, eff. Sept. 1, 1993.

§2-3-50.21.  Boll Weevil Eradication Organization - Relationship with Merit System of Personnel Administration - Seasonal employees.

A.  The Oklahoma Boll Weevil Eradication Organization shall not be subject to the Merit System of Personnel Administration.

B.  The Oklahoma Boll Weevil Eradication Organization is authorized to employ seasonal employees for projects throughout the calendar year.  Project labor employed by the Oklahoma Boll Weevil Eradication Organization may be employed for a period of time necessary to complete the project.  Regardless of the number of hours worked during any fiscal year, project employees shall not be entitled to paid leave, paid holidays, retirement, longevity, health, dental or life insurance, and disability benefits, and shall be exempt from any laws, rules or practices providing for such benefits, or to state employee minimum annualized salaries, salary increases or adjustments, unless otherwise specifically authorized by law.

Added by Laws 2000, c. 231, § 7, emerg. eff. May 24, 2000.

§2-3-50.30.  Boll weevil eradication - Evaluation of current efforts.

A.  The State Department of Agriculture shall conduct a study to determine the degree of boll weevil infestation in the State of Oklahoma and to evaluate the current boll weevil eradication efforts in the state.

B.  As funds become available, the Department shall develop a boll weevil eradication program.  The program shall be implemented by the Department in cooperation with existing organizations at the local level.

Added by Laws 1997, c. 17, § 1, eff. Nov. 1, 1997.  Renumbered from § 3-60.1 of this title by Laws 1997, c. 381, § 7, eff. July 1, 1997.

§2-3-51.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-52.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-60.1.  Renumbered as § 3-50.30 of this title by Laws 1997, c. 381, § 7, eff. July 1, 1997.

§2-3-61.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-62.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-63.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-64.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-65.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-66.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-67.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-68.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-69.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-70.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-71.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-81.  Definitions.

As used in this subarticle:

1.  "Aircraft" means any contrivance used or designed for navigation of or flight in the air over land or water and is designed for or adaptable for use in applying pesticides as sprays, dusts, or other forms;

2.  "Active ingredient" means an ingredient, which defoliates plants, prevents fruit drop, inhibits sprouting, or destroys, repels, or mitigates insects, fungi, bacteria, rodents, weeds, or other pests;

3.  "Adulterated" means and includes any pesticide if the pesticide strength or purity falls below the professed standard of quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the components of the pesticide, or if any valuable constituent of the components of the pesticide has been wholly or in part abstracted;

4.  "Antidote" means the most practical immediate treatment in case of poisoning and includes but is not limited to first aid treatment;

5.  "Business location" means any place, site, or facility maintained by a commercial or noncommercial applicator where records, including but not limited to, financial statements, payroll, insurance, and personnel documents are maintained, pesticides are stored, or customers are served.  A location serving strictly as a telephone answering service shall not be considered a business location;

6.  "Certificate" means a written document issued to an individual by the State Board of Agriculture which indicates that the individual has met the certification standards established by this subarticle for the category of pesticide application shown on the certificate.  A certificate does not allow a person to do work as a commercial, noncommercial, service technician, or private applicator unless employed by a licensed entity or has a valid license issued by the Board;

7.  "Certification standards" means the standards that a person shall meet to become a certified applicator;

8.  "Certified applicator" means a person who has met the certification standards;

9.  "Commercial application" means the advertising of services, recommendation for use, the preparation for application, and the physical act of applying a pesticide or employment of a device for hire or compensation;

10.  "Commercial applicator" means any person engaging in the commercial application of pesticides or commercial employment of devices.  Any farmer while working for a neighbor in agricultural production, not advertising, and not held out to be in the business of applying restricted use of pesticides, shall not be classified by the Board as a commercial applicator;

11.  "Contract" means a binding, written agreement between two or more persons spelling out terms and conditions and includes, but is not limited to, warranties or guarantees for pesticide application.  For structural pest control applications, the contract shall also include a statement, plat, or diagram showing all locations of visible termites and termite damaged materials which are observed, and how the application was performed;

12.  "Defoliant" means any pesticide intended to cause the leaves or foliage to drop from a plant, with or without causing abscission;

13.  "Desiccant" means any pesticide intended to artificially accelerate the drying of plant tissues;

14.  "Device" means any instrument subject to the United States Environmental Protection Agency regulation intended for trapping, destroying, repelling, or mitigating insects or rodents, or mitigating fungi, bacteria, or weeds, or other pests designated by the Board, but not including equipment used for the application of pesticides when sold separately;

15.  "Direct supervision" means that the certified applicator is responsible for assuring that persons working, subject to direct supervision, are qualified to handle pesticides and are instructed in the application of the specific pesticides used in each particular application conducted which is subject to their supervision.  Certified applicators shall be accessible to the noncertified applicator at all times during the application of the pesticide by telephone, radio, or any device approved by the Board;

16.  "Fungi" means all nonchlorophyllbearing thallophytes, including but not limited to, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on humans or animals;

17.  "Fungicide" means any pesticide intended for preventing, destroying, repelling, or mitigating any fungi or bacteria;

18.  "Ground equipment" means any machine, equipment, or device other than aircraft designed for use, adaptable for use, or used on land or water in applying pesticides as sprays, dusts, aerosols, fogs, or other forms;

19.  "Herbicide" means any pesticide intended for preventing, destroying, repelling, desiccating, or mitigating any weed, or for defoliating plants, preventing fruitdrop, and inhibiting sprouting;

20.  "Inert ingredient" means an ingredient, which is not an active ingredient;

21.  "Ingredient statement" means a statement containing the name and percentage of each active ingredient, and the total percentage of all inert ingredients in the pesticide.  If the pesticide contains arsenic in any form, the percentages of total and water-soluble arsenic shall each be calculated as elemental arsenic;

22.  "Insect" means any of the numerous small invertebrate six-legged animals generally having the body more or less obviously segmented, many belonging to the class Insecta, including, but not limited to, beetles, bugs, and flies as well as allied classes of arthropods including spiders, mites, ticks, centipedes, and wood lice;

23.  "Insecticide" means any pesticide intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment;

24.  "Label" means the written, printed, or graphic matter attached to the pesticide, device, or container including the outside container or wrapper of the retail package of the pesticide or device;

25.  "Labeling" means all labels and other written, printed, or graphic material:

a. upon the pesticide, device, or any of its containers or wrappers,

b. accompanying the pesticide or device at any time, or

c. to which reference is made on the label or in literature accompanying the pesticide or device except when accurate, nonmisleading reference is made to current official publications of the United States Environmental Protection Agency, United States Department of Agriculture, United States Department of the Interior, the United States Public Health Service, State Experiment Stations, State Agricultural Colleges, or other federal institutions or official agencies of this state or other states authorized by law to conduct research in the field of pesticides;

26.  "License" means a written document issued to a person by the Board which shows that the person has met all established licensing requirements established by this subarticle and who is authorized to apply pesticides as a commercial, noncommercial, or private applicator pursuant to the license issued;

27.  "Minimum standards" means the measures prescribed by the Board to bring appropriate pesticide services to the public;

28.  "Misbranded" means and includes:

a. any pesticide or device if its labeling bears any statement, design, or graphic representation relative to its ingredients which is false or misleading, or

b. any pesticide or device:

(1) if it is an imitation of or is offered for sale under the name of another pesticide or device,

(2) if its labeling bears any reference to registration under this subarticle,

(3) if the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public,

(4) if the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to humans and vertebrate animals,

(5) if the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase,

(6) if any word, statement, or other information required by or under the authority of this subarticle to appear on the labeling is not prominently placed with conspicuousness, as compared with other words, statements, designees, or graphic matter in the labeling, and in terms likely to be read and understood by an individual under customary conditions of purchase and use, or

(7) if in the case of an insecticide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to humans, vertebrate animals, or vegetation, except weeds, to which it is applied, or to the person applying the pesticide;

29.  "Noncommercial applicator" means any person, other than a commercial or private applicator, who uses or supervises the use of a restricted use pesticide.  The noncommercial applicator shall be under the supervision of an owner or manager of property and who is certified in the same manner as a commercial applicator.  A noncommercial applicator is subject to all requirements except those pertaining to financial responsibility.  Noncommercial applicator includes a government employee applying restricted use pesticides in the discharge of official duties;

30.  "Non-restricted use pesticide" means any pesticide, other than a pesticide classified as restricted-use pesticide;

31.  "Non-restricted use pesticide dealer" means any person engaged in the sale, storage, or distribution of any pesticide other than those pesticides classified by the United States Environmental Protection Agency or the Board as restricted-use pesticides;

32.  "Permit" means a written document issued by the Board which shows that a person has met all of the permitting requirements established by this subarticle and is authorized to sell pesticides as a restricted use or non-restricted use pesticide dealer in accordance with the type of permit issued;

33.  "Pest" means any organism harmful to man including, but not limited to, insects, mites, nematodes, weeds, and pathogenic organisms. Pathogenic organisms include viruses, mycoplasma, bacteria, rickettsia, and fungi which the Board declares to be a pest;

34.  "Pesticide" means a substance or mixture of substances intended for defoliating or desiccating plants, preventing fruitdrop, inhibiting sprouting, or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other forms of plant or animal life or viruses, which the Board declares to be a pest, except viruses on or in humans or animals;

35.  "Private applicator" means any person who uses or supervises the use of any restricted pesticide for purposes of producing any agricultural commodity on property owned or rented by the person, or employer, or on the property of another person if applied without compensation other than trading of personal services between producers of agricultural commodities;

36.  "Registrant" means the person registering any pesticide or device pursuant to the provisions of this subarticle;

37.  "Restricted use pesticide" means any pesticide classified for restricted use by the United States Environmental Protection Agency, either by regulation or through the registration process, or by the Board pursuant to the Oklahoma Agricultural Code;

38.  "Restricted use pesticide dealer" means any person engaged in the sale, storage, or distribution of restricted use pesticides;

39.  "Rodenticide" means any pesticide intended for preventing, destroying, repelling, or mitigating rodents or any other animal which the Board declares a pest;

40.  "Service technician" means a person employed by a licensed commercial or noncommercial applicator who applies the pesticide or employs a device, but is not a certified applicator.  A service technician or certified applicator shall be present at each application performed;

41.  "Temporary certified applicator" means a person who has successfully completed the written examinations required for certification but has not successfully completed the practical examination;

42.  "Use" means transportation, storage, mixing, application, safe handling, waste and container disposal, and other specific instructions contained on the label and labeling;

43.  "Weed" means any plant or plant part which grows where not wanted; and

44.  "Wood infestation report" means a document issued with a property transaction which shall, at a minimum, contain statements or certifications as to the presence or absence of termites and any other wood destroying organism, and the presence or absence of damage.  The wood infestation report does not include a bid or proposal for treatment.

Added by Laws 1961, p. 1, § 1.  Amended by Laws 1977, c. 98, § 4; Laws 1984, c. 156, § 1, eff. Nov. 1, 1984; Laws 1986, c. 285, § 1, eff. Nov. 1, 1986; Laws 2000, c. 367, § 10, emerg. eff. June 6, 2000; Laws 2002, c. 383, § 1, eff. July 1, 2002.

§2-3-82.  License, permit, and registration requirements - Categories of licenses and permits - Certification standards - Fees - Liability insurance - Damages - Expirations - Pesticide producing establishments.

A.  LICENSE REQUIRED - 1.  It shall be unlawful for any person to act, operate, or do business or advertise as a commercial, noncommercial, certified applicator, temporary certified applicator, service technician, or private applicator unless the person has obtained a valid applicator's license issued by the State Board of Agriculture for the category of pesticide application in which the person is engaged.

2.  A license may be issued by the Board in any category of pesticide application if the applicant qualifies and the applicant is limited to the category of pesticide application named on the license.  The Board may establish categories of pesticide application as necessary.  Licenses shall be issued upon application to the Board on a form prescribed by the Board.  The application shall contain information regarding the applicant's qualifications, proposed operations, and other information as specified by the Board.

3. a. An aerial license shall not be issued or be valid unless the applicant files with the Board a copy of a valid document issued by the Federal Aviation Administration showing that the person is qualified to operate or supervise the operation of an aircraft conducting agricultural operations.  Applicants for an aerial license and pilots working under a license may be subject to a complete and thorough background examination.

b. The Board shall promulgate rules regarding aerial applicators and applications consistent with federal law and shall solicit the assistance of the Federal Aviation Agency in the enforcement of this subsection.

4.  Each business location shall require a separate license and separate certified applicator except that a certified applicator for a noncommercial business location may also serve as the certified applicator for one commercial business location.

5.  A license shall not be issued for the category of pesticide application of any applicant or representative who has a temporary certification.

B.  CERTIFICATION REQUIRED - 1.  A license shall be issued only after satisfactory completion of the certification standards by the person who shall be the certified applicator under the license.  Temporary certified applicators do not qualify as the certified applicator for a license, nor may they act as a certified applicator.  The Board shall deny the application for certification, recertification, issuance, or renewal of a certificate or license for a failure to show proper qualification under the rules or for violations of any provisions of this subarticle.  A certificate in any category shall be valid for five (5) years unless suspended, canceled, or revoked by the Board or until recertification is required for the category, and may be renewed after successful completion of recertification requirements.  The Board may require certified applicators to be recertified once in a fiveyear period.

2.  A certified service technician identification shall be issued upon application and completion of certification standards determined by the Board.  Temporary certified applicators may qualify as a certified service technician.  No person shall act, do business as, or advertise as a service technician unless the person has met all the qualifications and standards as required by the Board.  The service technicians' identification shall be issued in the name of the licensed entity.  The licensee shall ensure that the service technician identification is returned to the Board upon termination of the employee.  A service technician identification shall be valid for a period of five (5) years unless suspended, canceled, or revoked by the Board, until recertification is required by the Board, or until the service technician leaves the employ of the licensed entity.  The Oklahoma Department of Agriculture, Food, and Forestry may issue a service technician identification upon completion of the following:

a. a determination is made by the Department that the applicant has successfully completed the written examination,

b. the licensed entity provides a completed service technician identification application form at the time of testing, and

c. all appropriate fees are paid at the time of testing.

3.  Each license, except for private applicators, shall expire on the 31st day of December following issuance or renewal, and may be renewed for the ensuing calendar year, without penalty or reexamination, if a properly completed application is filed with the Board not later than the 1st day of January of each year.  If application is not received by that date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the license.  After the 1st day of February, in addition to the penalty, a reexamination shall be required.

All private applicator licenses are in effect for five (5) years and may be renewed by application after completion of a continuing education program or written exam approved by the Board.

C.  The following fees shall be paid to the Board:

1.  A fee of One Hundred Dollars ($100.00) for each category of pesticide application shall be paid to the Board for the issuance or renewal of a commercial applicator business license.  Not more than Five Hundred Dollars ($500.00) total category fees shall be charged annually to any business location of an applicator;

2.  A fee of Fifty Dollars ($50.00) shall be paid to the Board for each written examination conducted by the Board;

3.  A fee of Fifty Dollars ($50.00) shall be paid to the Board for each practical examination conducted by the Board;

4.  A fee of Twenty Dollars ($20.00) shall be paid to the Board for the issuance or renewal of a private applicator's license;

5.  A fee of Fifty Dollars ($50.00) shall be paid to the Board for the issuance or renewal of a noncommercial business license.  Not more than Two Hundred Fifty Dollars ($250.00) total category fees shall be charged annually to any noncommercial business location of an applicator;

6.  A fee of Twenty Dollars ($20.00) shall be paid to the Board for the issuance or renewal of service technician identification;

7.  A fee of Ten Dollars ($10.00) shall be paid to the Board for the issuance of duplicate licenses or certificates or transfer of service technician identification;

8.  No fees shall be charged to governmental agencies or their employees in the discharge of their official duties;

9.  A fee of Fifty Dollars ($50.00) shall be paid to the Board for each recertification procedure; and

10.  A fee of One Hundred Dollars ($100.00) shall be paid to the Board for each reciprocal certification procedure for applicator certifications.

D.  All fees shall be deposited in the State Department of Agriculture Revolving Fund.

E.  Fees shall be paid to the Board prior to the processing of any application.

F.  Failure to pay any fee identified with licenses, permits, pesticide registrations, or certification shall require the Board to deny the application.

G.  INSURANCE REQUIRED - 1.  The Board shall not issue a commercial applicator's license until the applicant has furnished evidence of an insurance policy or certificate by an insurer or broker authorized to do business in this state insuring the commercial applicator and any agents against liability resulting from the operations of the commercial applicator.  The insurance shall not be applied to damage or injury to agricultural crops, plants, or land being worked upon by the commercial applicator.

2.  The amount of liability shall not be less than that set by the Board for each property damage arising out of actual use of any pesticide.  The liability shall be maintained at not less than that sum at all times during the licensing period.  The Board shall be notified fifteen (15) days prior to any reduction in liability.

3.  If the furnished liability becomes unsatisfactory, the applicant shall immediately execute new liability upon notice from the Board.  If new liability is not immediately obtained, the Board shall, upon notice, cancel the license.  It shall be unlawful for the person to engage in the business of applying pesticides until the liability is brought into compliance and the license reinstated.

H.  DAMAGES - No action for alleged damages to growing annual crops or plants may be brought or maintained unless the person claiming the damages has filed with the Board a written statement of alleged damages on a form prescribed by the Board within ninety (90) days of the date that the alleged damages occurred, or prior to the time that twentyfive percent (25%) of a damaged crop has been harvested.

I.  PERMIT REQUIRED - 1.  It shall be unlawful for any person to sell, offer for sale, or distribute within this state any restricted use pesticide without first obtaining a restricted use pesticide dealer's permit issued by the Board.

2.  A permit may be issued by the Board in any category of pesticide sales if the applicant qualifies under the provisions of this subarticle and the applicant is limited to the category of pesticide sales named on the permit.  The Board may establish categories of pesticide sales as necessary.

3.  The permit shall be issued only upon application on a form prescribed by the Board and the application shall contain information regarding the applicant's proposed operation and other information as specified by the Board.

4.  Each business location engaged in the sale or distribution of restricted use pesticides shall require a separate permit.

5.  The annual permit fee for a restricted use pesticide dealer permit shall be Fifty Dollars ($50.00) for each location.

6.  The Board may require a certified applicator to be present at any location where designated restricted use pesticide sales occur.

J.  PESTICIDE REGISTRATION REQUIRED - 1.  Every pesticide or device distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate or interstate commerce shall be registered with the Board.  

2.  The registrant shall file with the Board a statement including, but not limited to:

a. the name and address of the registrant and the name and address of the person whose name shall appear on the label, if other than the registrant,

b. the name of the pesticide or device,

c. a complete copy of the labeling accompanying the pesticide or device and a statement of all claims to be made for it, and directions for use, and

d. if requested by the Board, a full description of the tests made and the results upon which the claims are based.  In renewing a registration, a statement shall be required only with respect to information which is different from the information furnished when the pesticide or device was last registered.

3.  Each registrant shall pay to the Board an annual registration fee of One Hundred Sixty Dollars ($160.00) for each pesticide or device label registered.  These fees shall be used by the Oklahoma Department of Agriculture, Food, and Forestry for purposes of administering pesticide management programs.  A portion of these fees, in the amount of One Hundred Thousand Dollars ($100,000.00) annually, shall be dedicated for conducting programs for unwanted pesticide disposal.  This amount shall be deposited into the State Department of Agriculture Unwanted Pesticide Disposal Fund and shall be dedicated for this use only.

4.  The Board may require the submission of the complete formula of any pesticide.  Trade secrets and formulations submitted by the registrant may be kept confidential.  If it appears to the Board that the composition of the pesticide is adequate to warrant the proposed claims and if the pesticide, its labeling, and other material required to be submitted comply with the requirements of this subarticle, then the pesticide shall be registered.

5.  If it does not appear to the Board that the pesticide or device is adequate to warrant the proposed claims for it or if the pesticide or device, its labeling, and other material required to be submitted do not comply with the provisions of this subarticle, it shall notify the applicant of the deficiencies in the pesticide, device, labeling, or other material required and afford the applicant an opportunity to make the necessary corrections.  If the applicant claims, in writing, that the corrections are not necessary and requests in writing a hearing regarding the registration of the pesticide or device, the Board shall provide an opportunity for a hearing before refusing to issue the registration.  In order to protect the public, the Board may at any time cancel the registration of a product or device.  In no event, shall registration of a pesticide or device be considered as a defense or excuse for the commission of any offense prohibited under this subarticle.

6.  The Board may require that pesticides be distinctively colored or discolored to protect the public health.

7.  Registration shall not be required in the case of a pesticide shipped from one plant or place within this state to another plant or place within this state that is operated by the same person.

K.  CATEGORIES OF LICENSES AND PERMITS - The Board may establish any category of license for pesticide application or any category of permit for pesticide sales.

L.  PERMIT AND PESTICIDE REGISTRATION EXPIRATION - 1.  All permits for pesticide sales shall be issued for a period of one (1) year and the permits shall be renewed annually and shall expire on a date determined by the Board.  A permit may be renewed for the ensuing year, without penalty, if a properly completed application is filed with the Board not later than the fifteenth day of the month first following the date of expiration.  If the application is not received by that date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the permit.

2.  All pesticide registrations shall be issued for a period of one (1) year.  The registration shall be renewed annually and shall expire on a date to be determined by the Board.  Pesticide registrations may be renewed for the ensuing year, without penalty, if a properly completed application is filed with the Board not later than the fifteenth day of the month first following the date of expiration.  If the application is not received by that date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the pesticide registration.

M.  PESTICIDE PRODUCING ESTABLISHMENTS - 1.  Definitions as used in this subarticle:

a. "establishment" means any site where a pesticide product, active ingredient or device is produced within the state,

b. "produce" means to manufacture, prepare, propagate, compound or process any pesticide or to package, repackage, label, relabel or otherwise change the container of any pesticide or device, and

c. "producer" means any person who produces, manufactures, prepares, compounds, propagates or processes any active ingredient, pesticide, or device as used in producing a pesticide.

2.  It shall be unlawful for any person to produce within this state any pesticide, active ingredient or device without first obtaining a pesticide producer establishment permit issued by the Board.

3.  The permit shall be issued only upon application on a form prescribed by the Board.  The application shall contain information regarding the proposed operation of the applicant and other information as specified by the Board.  If at any time there is a change of the information provided in or on the application for a pesticide producer establishment permit, the producer must notify the Board in writing within thirty (30) calendar days of the change.

4.  The producer shall file a statement with the Board including but not limited to:

a. the name and address of the company,

b. the name and address of the establishment as well as the physical location, if different than the mailing address,

c. the name of any pesticide, active ingredient, or device, and

d. the name and address and other pertinent contact information for the responsible party.

5.  All permits for pesticide producer establishments shall be issued for a period of one (1) year and shall be renewed annually.  All permits shall expire on June 30 each year and may be renewed without penalty if a properly completed application is filed with the Board not later than the fifteenth day of the month first following the date of expiration.  If the application is not received by that date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the permit.

6.  Each pesticide producer establishment location engaged in the production of pesticides, active ingredients or devices shall require a separate permit.

7.  The annual permit fee for a pesticide producer establishment shall be One Hundred Dollars ($100.00) for each location.

8.  If requested by the Board, a complete copy of all labeling, Material Safety Data Sheets, technical information associated with the pesticide, active ingredient, or device and a statement of all claims to be made as well as directions and use must be submitted to the Board.

9.  In order to determine compliance with state and federal laws, the Board may request a full disclosure of inventory records, sales and distribution records, and any other information deemed necessary by the Board.

10.  Every producer shall keep accurate records pertaining to pesticide, active ingredient, or device production and distribution as required by the Board.  The records of the producer shall be kept intact at the principal producing location in this state for at least two (2) years after the date of production and distribution and copies shall be furnished to any authorized agent of the Board, immediately upon request in person, at any time during the regular business hours of the producer.  Copies of records shall be furnished to any authorized agent of the Board within seven (7) working days of a written request, in summary form, by mail, fax, e-mail, web site, or any other electronic media customarily used.

Added by Laws 1961, p. 2, § 2, operative July 1, 1961.  Amended by Laws 1965, c. 298, § 1; Laws 1965, c. 509, § 1, emerg. eff. July 20, 1965; Laws 1968, c. 105, § 1, emerg. eff. April 1, 1968; Laws 1970, c. 111, § 1; Laws 1977, c. 98, § 5; Laws 1984, c. 156, § 2, eff. Nov. 1, 1984; Laws 1986, c. 285, § 2, eff. Nov. 1, 1986; Laws 2000, c. 367, § 11, emerg. eff. June 6, 2000; Laws 2002, c. 383, § 2, eff. July 1, 2002; Laws 2003, c. 410, § 1; Laws 2004, c. 109, § 1; Laws 2005, c. 42, § 1, eff. July 1, 2005.

NOTE:  A former § 3-82 of this title was repealed by Laws 1961, p. 3, § 7, operative July 1, 1961.

§2-3-82.1.  Unwanted Pesticide Disposal Fund.

There is hereby created in the State Treasury a fund for the State Board of Agriculture to be designated the State Department of Agriculture " Unwanted Pesticide Disposal Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Board of Agriculture to implement and maintain the Unwanted Pesticide Disposal Program.  On July 1, 2005, the Oklahoma Department of Agriculture, Food, and Forestry shall transfer all money in the State Department of Agriculture Revolving Fund which has been designated by law for conducting programs for unwanted pesticide disposal to the Unwanted Pesticide Disposal Fund.

Added by Laws 2005, c. 42, § 2, eff. July 1, 2005.

§2-3-83.  Keeping of records - Board audits.

A.  Every commercial and noncommercial applicator shall keep accurate records pertaining to pesticide activities, applications, and wood infestation reports, as required by the State Board of Agriculture.  The records of the applicator shall be kept intact at the principal business location in this state for at least two (2) years after their date of expiration and copies shall be furnished to any authorized agent of the Board, immediately upon request in person, at any time during the regular business hours of the applicator.  Copies of records shall be furnished to any authorized agent of the Board within seven (7) working days of a written request, in summary form, by mail, fax, e-mail, web site, or any other electronic media customarily used.

B.  Every restricted use pesticide dealer shall keep accurate records pertaining to restricted use pesticide purchases and sales, as required by the Board.  The records shall be kept intact at the principal business location in this state for at least two (2) years after their date of expiration.  Copies shall be furnished to any authorized agent of the Board at any time during the regular business hours of the dealer, immediately upon request in person, or within seven (7) working days of a written request, in summary form, by mail, fax, e-mail, web site, or any other electronic media customarily used.

C.  It shall be the duty of the Board to audit the maintenance of records as necessary to carry out the provisions of the Oklahoma Agriculture Code.

Added by Laws 1961, p. 2, § 3.  Amended by Laws 1967, c. 278, § 1, emerg. eff. May 8, 1967; Laws 1977, c. 98, § 6; Laws 1984, c. 156, § 3, eff. Nov. 1, 1984; Laws 2000, c. 367, § 12, emerg. eff. June 6, 2000.

§2-3-84.  Declaration of pest - Rules - Requirements.

A.  The Board shall have the authority to declare any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles, or substances as a pest.  The Board shall have the authority to classify pesticide uses as being general, restricted, or both, to determine standards of coloring or discoloring for pesticides, and to subject pesticides to the requirements of this subarticle.

B.  The Board shall promulgate appropriate rules for carrying out the provisions of this subarticle, including, but not limited to, rules providing for the collection and examination of any samples necessary to evaluate the quality, quantity, or effectiveness of pesticides or devices.

C.  There shall be uniformity between the requirements of Oklahoma, the several states, and the Federal Government relating to the coloring or discoloring of pesticides.  The Board may promulgate rules applicable to and in conformity with the primary standards established by this subarticle, as have been or may be prescribed by the Federal Insecticide, Fungicide and Rodenticide Act, as amended.

Added by Laws 1961, p. 3, § 4, operative July 1, 1961.  Amended by Laws 1965, c. 324, § 1, emerg. eff. June 28, 1965; Laws 1977, c. 98, § 7; Laws 2000, c. 367, § 13, emerg. eff. June 6, 2000; Laws 2004, c. 109, § 2.

§2-3-85.  Enforcement - Rules and standards - Examination, notice and seizure - Exceptions - Environmental jurisdiction - Compliance with federal law.

A.  1.  The State Board of Agriculture shall administer and enforce the provisions of this subarticle and shall promulgate rules and standards for the application, use or sale of pesticides, rules for pesticide registration, standards for contracts and recordkeeping, work performance, prescribe standards for the licensing of application of pesticides, issuing pesticide dealer permits, certification, recertification procedures, and storing and disposal of pesticide and pesticide containers.

2.  The rules and standards shall conform, at a minimum, to existing state law, and to the Federal Insecticide, Fungicide and Rodenticide Act.

3.  The Board shall cooperate with and negotiate reciprocal agreements with the federal government or any state, or any department or agency of either for the purpose of fulfilling the intent of this subarticle and securing uniformity of rules.

4.  The Board may inspect any work, records, or contracts of each applicator, manufacturer, or dealer to determine whether or not the work is performed according to the provisions of this subarticle.

5.  For the purpose of securing uniformity of rules, no city, town, county, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or statute regarding pesticide sale or use that is more stringent than the rules of the Board, including, but not limited to, registration, notification, posting, advertising and marketing, distribution, applicator training and certification, storage, transportation, disposal, disclosure of confidential information, or product composition.

6.  The Board may take samples of pesticide materials in order to determine their concentration or residue level.  If the Board finds that such samples are not within established standards, the Board's finding shall be considered prima facie evidence that a violation has occurred.

a. The concentration of an active ingredient for a pesticide concentrate, shall not exceed or be less than the concentration of active ingredient stated on the pesticide label by more or less than the tolerance for active ingredient concentration specified by this paragraph.  Concentrations above or below the established tolerance shall be prima facie evidence that a pesticide is adulterated or misbranded:

(1) pesticides with a stated concentration of active ingredient less than 0.51% shall not exceed 150% or fail to meet 80% of the stated active ingredient on the pesticide label when analyzed,

(2) pesticides with a stated concentration of active ingredient not less than 0.51% and not more than 1.0% shall not exceed 140% or fail to meet 85% of the stated active ingredient on the pesticide label when analyzed,

(3) pesticides with a stated concentration of active ingredient not less than 1.01% and not more than 5.00% shall not exceed 140% or fail to meet 90% of the stated active ingredient on the pesticide label when analyzed,

(4) pesticides with a stated concentration of active ingredient not less than 5.01% and not more than 10.00% shall not exceed 130% or fail to meet 92% of the stated active ingredient on the pesticide label when analyzed,

(5) pesticides with a stated concentration of active ingredient not less than 10.01% and not more than 50.00% shall not exceed 125% or fail to meet 94% of the stated active ingredient on the pesticide label when analyzed, and

(6) pesticides with a stated concentration of active ingredient not less than 50.01% and more than 100.00% shall not exceed 115% or fail to meet 96% of the stated active ingredient on the pesticide label when analyzed;

b. The concentration of an active ingredient for a pesticide concentrate in fertilizer and pesticide mixtures, pressed blocks and non-uniform baits shall not be less than the concentration of active ingredient stated on the pesticide label for the tolerance for active ingredient concentration specified by this paragraph.  Concentrations below the established tolerance shall be prima facie evidence that a pesticide is adulterated or misbranded:

(1) when the stated concentration of active ingredient on the pesticide label is less than 1.26% the minimum amount of active ingredient shall be at least 67.0% of the stated concentration on the pesticide label when analyzed,

(2) when the stated concentration of active ingredient on the pesticide label is not less than 1.26% or more than 5.0% the minimum amount of active ingredient shall be at least 80.0% of the stated concentration on the pesticide label when analyzed, and

(3) when the stated concentration of active ingredient on the pesticide label is more than 5.0% the minimum amount of active ingredient shall be at least 85.0% of the stated concentration on the pesticide label when analyzed.

c. The concentration of an active ingredient for a pesticide concentrate in rotenone, pyrethrin and other natural product formulations shall not be less than the concentration of active ingredient stated on the pesticide label for the tolerance for active ingredient concentration specified by this paragraph.  Concentrations below the established tolerance shall be prima facie evidence that a pesticide is adulterated or misbranded:

(1) when the stated concentration of active ingredient on the pesticide label is less than 0.51% the minimum amount of active ingredient shall be at least 70.0% of the state concentration on the pesticide label when analyzed,

(2) when the stated concentration of active ingredient on the pesticide label is not less than 0.51% or more than 1.25% the minimum amount of active ingredient shall be at least 80.0% of the stated concentration on the pesticide label when analyzed, and

(3) when the stated concentration of active ingredient on the pesticide label is more than 1.25% the minimum amount of active ingredient shall be at least 85.0% of the stated concentration on the pesticide label when analyzed;

d. The concentration of an active ingredient for a pesticide tank mix, as stated by the applicator and allowed by the pesticide label, shall not exceed or be less than the concentration of active ingredient stated by more or less than the tolerance for active ingredient concentration specified by this paragraph.  Concentrations above or below the established tolerance shall be prima facie evidence of a use unsuitable, unsafe or inconsistent with its label or labeling.  No pesticide shall be formulated into a tank mix at a concentration in excess of or below that permitted by the pesticide label without written approval from an authorized agent of the State Department of Agriculture:

(1) when the stated concentration or that allowed by the pesticide label is less than 0.51% the minimum amount of active ingredient in the tank mix shall be at least 60.0% and not more than 150.0% of the stated concentration or that allowed by the pesticide label when analyzed,

(2) when the stated concentration or that allowed by the pesticide label is not less than 0.51% and not more than 1.0% the minimum amount of active ingredient in the tank mix shall be at least 70.0% and not more than 140.0% of the stated concentration or that allowed by the pesticide label when analyzed,

(3) when the stated concentration or that allowed by the pesticide label is not less than 1.01% and not more than 5.0% the minimum amount of active ingredient in the tank mix shall be at least 80.0% and not more than 140.0% of the stated concentration or that allowed by the pesticide label when analyzed,

(4) when the stated concentration or that allowed by the pesticide label is not less than 5.01% and not more than 10.0% the minimum amount of active ingredient in the tank mix shall be at least 84.0% and not more than 130.0% of the stated concentration or that allowed by the pesticide label when analyzed,

(5) when the stated concentration or that allowed by the pesticide label is not less than 10.01% and not more than 50.0% the minimum amount of active ingredient in the tank mix shall be at least 88.0% and not more than 125.0% of the stated concentration or that allowed by the pesticide label when analyzed, and

(6) when the stated concentration or that allowed by the pesticide label is not less than 50.01% and not more than 100.0% the minimum amount of active ingredient in the tank mix shall be at least 92.0% and not more than 115.0% of the stated concentration or that allowed by the pesticide label when analyzed;

e. The threshold level for soil residue of pesticide concentration expressed in parts per million (ppm) for post construction termiticide treatment shall meet or exceed the established concentration specified by this paragraph in soils sampled within one hundred eighty (180) days of treatment for vertical barriers.  Soil residue concentration below the threshold level specified by this paragraph shall be prima facie evidence of a use unsuitable, unsafe or inconsistent with its label or labeling:

(1) the termiticide Torpedo shall have a soil residue threshold level of at least sixty-three (63) ppm,

(2) the termiticide Tribute shall have a soil residue threshold level of at least one hundred fifty (150) ppm,

(3) the termiticide Prevail FT shall have a soil residue threshold level of at least forty-six (46) ppm,

(4) the termiticide Demon TC shall have a soil residue threshold level of at least twenty-eight (28) ppm,

(5) the termiticide Dragnet FT shall have a soil residue threshold level of at least eighty-five (85) ppm,

(6) the termiticide Dursban TC shall have a soil residue threshold level of at least fifty-one (51) ppm, and

(7) the termiticide Premise shall have a soil residue threshold level of at least ten (10) ppm;

f. The threshold level for soil residue of pesticide concentration expressed in parts per million (ppm) for preconstruction termiticide treatment shall meet or exceed the established concentration specified by this paragraph in soils sampled within thirty (30) days of treatment for vertical barriers.  Soil residue concentration below the threshold level specified by this paragraph shall be prima facie evidence of a use unsuitable, unsafe or inconsistent with its label or labeling:

(1) the termiticide Torpedo shall have a soil residue threshold level of at least ninety (90) ppm,

(2) the termiticide Tribute shall have a soil residue threshold level of at least two hundred four (204) ppm,

(3) the termiticide Prevail FT shall have a soil residue threshold level of at least sixty-four (64) ppm,

(4) the termiticide Demon TC shall have a soil residue threshold level of at least forty-one (41) ppm,

(5) the termiticide Dragnet FT shall have a soil residue threshold level of at least ninety-seven (97) ppm,

(6) the termiticide Dursban TC shall have a soil residue threshold level of at least one hundred (100) ppm, and

(7) the termiticide Premise shall have a soil residue threshold level of at least ten (10) ppm;

g. The threshold level for soil residue of pesticide concentration expressed in parts per million (ppm) for preconstruction termiticide treatment shall meet or exceed the established concentration specified by this paragraph in soils sampled within one hundred eighty (180) days of treatment for vertical barriers.  Soil residue concentration below the threshold level specified by this paragraph shall be prima facie evidence of a use unsuitable, unsafe or inconsistent with its label or labeling:

(1) the termiticide Torpedo shall have a soil residue threshold level of at least sixty-three (63) ppm,

(2) the termiticide Tribute shall have a soil residue threshold level of at least one hundred fifty (150) ppm,

(3) the termiticide Prevail FT shall have a soil residue threshold level of at least forty-six (46) ppm,

(4) the termiticide Demon TC shall have a soil residue threshold level of at least twenty-eight (28) ppm,

(5) the termiticide Dragnet FT shall have a soil residue threshold level of at least eighty-five (85) ppm,

(6) the termiticide Dursban TC shall have a soil residue threshold level of at least fifty-one (51) ppm, and

(7) the termiticide Premise shall have a soil residue threshold level of at least ten (10) ppm;

h. The threshold level for soil residue of pesticide concentration expressed in parts per million (ppm) for preconstruction termiticide treatment shall meet or exceed the established concentration specified by this paragraph in soils sampled within thirty (30) days of treatment for horizontal barriers.  Soil residue concentration below the threshold level specified by this paragraph shall be prima facie evidence of a use unsuitable, unsafe or inconsistent with its label or labeling:

(1) the termiticide Torpedo shall have a soil residue threshold level of at least sixty-eight (68) ppm,

(2) the termiticide Tribute shall have a soil residue threshold level of at least one hundred fifty three (153) ppm,

(3) the termiticide Prevail FT shall have a soil residue threshold level of at least forty-eight (48) ppm,

(4) the termiticide Demon TC shall have a soil residue threshold level of at least thirty-one (31) ppm,

(5) the termiticide Dragnet FT shall have a soil residue threshold level of at least seventy-three (73) ppm,

(6) the termiticide Dursban TC shall have a soil residue threshold level of at least seventy-five (75) ppm, and

(7) the termiticide Premise shall have a soil residue threshold level of at least five (5) ppm;

i. The threshold level for soil residue of pesticide concentration expressed in parts per million (ppm) for preconstruction termiticide treatment shall meet or exceed the established concentration specified by this paragraph in soils sampled within one hundred eighty (180) days of treatment for horizontal barriers.  Soil residue concentration below the threshold level specified by this paragraph shall be prima facie evidence of a use unsuitable, unsafe or inconsistent with its label or labeling:

(1) the termiticide Torpedo shall have a soil residue threshold level of at least forty-seven (47) ppm,

(2) the termiticide Tribute shall have a soil residue threshold level of at least one hundred thirteen (113) ppm,

(3) the termiticide Prevail FT shall have a soil residue threshold level of at least thirty-five (35) ppm,

(4) the termiticide Demon TC shall have a soil residue threshold level of at least twenty-one (21) ppm,

(5) the termiticide Dragnet FT shall have a soil residue threshold level of at least sixty-four (64) ppm,

(6) the termiticide Dursban TC shall have a soil residue threshold level of at least thirty-eight (38) ppm, and

(7) the termiticide Premise shall have a soil residue threshold level of at least five (5) ppm;

j. The State Board of Agriculture may promulgate, by rule, interim maximum and minimum concentrations or thresholds for the other concentrate of pesticides in products, or soil residues.

B.  Authorized agents of the Board shall have the authority to issue notices of violation, citations, compliance orders, stop sales, or stop work orders to those persons committing violations of the laws or rules relating to pesticides or pesticide application in this state.

C.  1.  Examinations of pesticides or devices shall be made under the direction of the Board for the purpose of determining if there has been compliance with the requirements of this subarticle.

2.  If it appears from examination that a pesticide or device fails to comply with the provisions of this subarticle, and the Board contemplates instituting administrative proceedings against any person, the Board shall cause notice and an opportunity for a hearing given to the person pursuant to the Administrative Procedures Act;

D.  1.  Any pesticide or device distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate or interstate commerce may be seized by the State Department of Agriculture in any county of the state where it may be found and if:

a. in the case of a pesticide, it is adulterated or misbranded, it has not been registered under the provisions of this subarticle, it fails to bear on its label the information required by this subarticle, or it is a white powder pesticide and it is not colored as required under this subarticle, or

b. in the case of a device, it is misbranded.

2.  If the pesticide or device is condemned it shall, after entry of decree or judgment of a district court, be disposed of by destruction or sale as the court may direct.  If the article is sold, the proceeds, less court costs, shall be paid to the State Department of Agriculture Revolving Fund;

3.  The court shall not order the sale or disposal of a condemned pesticide or device in a manner which would be a violation of this subarticle or rules promulgated thereto;

4.  The person or entity directed to dispose or sell the condemned pesticide or device shall do so in a manner that complies with the order of the district court and this subarticle and rules promulgated thereto;

5.  The court may direct that the pesticide or article be delivered to the owner for relabeling or reprocessing;

6.  If there is a person who is successful in intervening as claimant of the pesticide or device, when a decree of judgment of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against such claimant.

E.  The Board may, by publication in a manner as it may prescribe, give notice of all judgments entered in action, instituted under the authority of this subarticle.

F.  All authority vested in the Board by the provisions of this subarticle shall with like force and effect be executed by its officers, employees, and authorized agents.

G.  EXCEPTION - The fines provided for violations of this subarticle may not apply to:

1.  Any carrier while lawfully engaged in transporting a pesticide within this state, if the carrier permits the Board upon request to copy all records showing the transaction in and movement of the pesticide and devices involved;

2.  Public officials of this state and of the Federal Government engaged in the performance of official duties;

3.  The manufacturer or shipper of a pesticide or device for experimental use only, by or under the supervision of an agency of this state or of the Federal Government authorized by law to conduct research in the field of pesticides or devices, or by others if the pesticide or the device is not sold or if the container is plainly and conspicuously marked "for experimental use only-not to be sold", together with the manufacturer's name and address, if a written permit has been obtained from the Board.  Pesticides or devices may be sold for experimental purposes subject to restrictions set forth in the permit; and

4.  Pesticides and devices intended solely for export to a foreign country, and prepared or packed according to the specifications or directions of the purchaser.  If not exported, all of the provisions of this subarticle shall apply.

H.  The Department of Environmental Quality shall have environmental jurisdiction over:

1.  Commercial manufacturers of fertilizers, grain, and feed products, and chemicals, and over manufacturing of food and kindred products, tobacco, paper, lumber, wood, textile mills, and other agricultural products;

2.  Slaughterhouses, but not including feedlots at slaughterhouses;

3.  Animal aquaculture and fish hatcheries, including, but not limited to, discharges of pollutants and storm water to waters of the state, surface impoundment and land application of wastes and sludge, and other pollution originating at these facilities;

4.  Facilities which store grain, feed, seed, fertilizer, and agricultural chemicals that are required by federal National Pollutant Discharge Elimination Systems regulations to obtain a permit for storm water discharges shall only be subject to the jurisdiction of the Department of Environmental Quality with respect to storm discharges; and

5.  Any point source and nonpoint source discharges related to agriculture as specified in paragraph 1 of subsection D of Section 6 of Title 27A of the Oklahoma Statutes, which require a federal National Pollutant Discharge Elimination Systems permit and which are not specified under this subsection as being subject to the jurisdiction of the Department of Environmental Quality shall continue to be subject to the direct jurisdiction of the federal Environmental Protection Agency for issuance and enforcement of the permit.

I.  This section shall not prevent any political subdivision from complying with any applicable federal law or regulation.  A political subdivision which takes any action prohibited by this title in order to comply with federal requirements shall notify the Board of its compliance plan prior to taking any action.  The Board may assist the political subdivision in complying with federal requirements necessary to carry out the policy of this section.  The Board may permit a political subdivision to impose standards more stringent than required by the Board if necessary for the political subdivision to comply with federal requirements.

Added by Laws 1961, p. 3, § 5, operative July 1, 1961.  Amended by Laws 1977, c. 98, § 8; Laws 1984, c. 156, § 4, eff. Nov. 1, 1984; Laws 1992, c. 229, § 2, emerg. eff. May 19, 1992; Laws 2000, c. 367, § 14, emerg. eff. June 6, 2000; Laws 2005, c. 64, § 1, eff. Nov. 1, 2005.

§2-3-86.  Denial, suspension, cancellation, revocation or nonrenewal of license, certificate or identification - Violations - Penalties.

A.  It shall be unlawful for any person, whether or not they hold a commercial or noncommercial license, to violate any part of this subsection or rules promulgated by the State Board of Agriculture.  Any license, certificate, or identification issued may be suspended, canceled, revoked, or refused issue or reissue by the Board after a notice and an opportunity to be heard has been given to the holder of the license or certificate.  The suspension, cancellation, revocation, or refusal to issue or reissue any license, certificate, or identification may be made if the Board finds:

1.  A person has made misrepresentations for the purpose of defrauding, or has not satisfactorily performed, without proper cause, any contract into which the person entered;

2.  A person has used methods or pesticides not suitable or safe for the purpose for which they have been employed, or has used a pesticide in a manner inconsistent with its labeling unless prior written approval has been obtained from the Board;

3.  Failure or refusal to furnish the Board, upon request, true information regarding methods, pesticides, and safety measures used, work performed, or other information required by the Board, or for making any false statement or representation in the person's application for issuance or renewal of a permit;

4.  Any violation of state law or rules or standards prescribed by the Board;

5.  The issuance of an inaccurate, misleading, or fraudulent wood infestation report;

6.  Failure or refusal to keep and maintain complete and accurate records as specified in this subarticle;

7.  Advertising or offering to perform in a category of pesticide application for which no license is held or under a name for which no license is held;

8.  Failure or refusal to pay by the specified date any fees, fines, or penalties authorized under this subarticle;

9.  Failure to explain in writing in a contract signed by the property owner the ways that a pesticide application fails to comply with any minimum requirements or standards authorized by this article;

10.  Failure to perform work according to minimum standards authorized by this subarticle except as agreed by all parties in writing in the contract;

11.  Falsely stating that a person is employed by or represents another person;

12.  Falsely stating that a person or methods are recommended by any branch of government or that any specific work shall be inspected by any branch of government;

13.  Any person to act, operate, do business, or advertise as an applicator unless the person has obtained a valid license issued by the Board for the category in which the person is engaged;

14.  Any persons to be employed or represent themselves as certified applicators or service technicians unless they have met the certification standards prescribed by the Board and obtained valid certificates or identifications issued by the Board for the categories for which the persons are to be employed or supervised;

15.  Any person to act or operate as a private applicator unless the person has obtained a valid private applicator license issued by the Board;

16.  Any person convicted in any court of a violation of this subarticle, pesticide laws of any other state, or the Federal Insecticide Fungicide and Rodenticide Act;

17.  Failure to correct substandard work within twenty (20) calendar days of written notification unless an extension has been granted in writing by the Board;  

18.  Failure to comply with the Worker Protection Standard as defined in the Code of Federal Regulations 40 CFR 170;

19.  Failure to comply with the provisions of a citation, stop work order, or stop sale order issued by the Board; or

20.  Any other proper cause.

B.  Any person, holder or nonholder of a valid license violating any of the provisions of this subarticle shall be guilty of a misdemeanor and shall be punishable by a fine of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00), imprisonment in the county jail for not less than thirty (30) days and not more than one (1) year, or both.

C.  It shall be unlawful for any person, whether or not a person holds a permit as a manufacturer, registrant, or distributor, to distribute, sell, or offer for sale within this state, deliver for transportation or transport in intrastate or interstate commerce, or to violate any part of this subarticle or rules promulgated by the Board.  Any pesticide registration, permit, certificate, or identification issued may be suspended, canceled, revoked, or refused reissue by the Board after a notice and opportunity to be heard has been given to the holder of the registration, permit, certificate, or identification.  Notice shall be given to the holder of the registration, permit, certificate, or identification by registered or certified mail at least ten (10) days prior to the date of hearing.  The suspension, cancellation, revocation, or refusal to reissue any registration, permit, certificate or identification may be made if the Board finds that:

1.  A pesticide or device which has not been registered pursuant to the provisions of this subarticle, or any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition differs from its composition as represented in connection with its registration.  At the discretion of the Board, a change in the labeling or formula may be made within a registration period without requiring reregistration of the product;

2.  A pesticide unless it is in the registrant's or the manufacturer's unbroken original container, does not have a clear and readable label affixed to the original container and to the outside container or wrapper of the retail package, the following information:

a. the name and address of the manufacturer, registrant, or person for whom manufactured,

b. the name, brand, or trademark under which the article is sold, and

c. the net weights or measures of the content subject to reasonable variations as the Board shall permit;

3.  In addition to any other requirement any pesticide containing a substance in quantities highly toxic to humans, that does not bear a label containing:

a. the skull and crossbones,

b. the word "DANGER" prominently in red, on a background of distinctly contrasting color, and

c. a statement of an antidote for the pesticide;

4.  An adulterated or misbranded pesticide or device;

5.  That any person intends to or has distributed, sold, stored, or used any pesticide or device in a manner inconsistent with its labeling;

6.  That any person has sold or offered for sale any pesticide or device which has been canceled, suspended, or placed under stop sale except when the Board directs the sale of unused quantities of pesticides whose registrations have been canceled or suspended;

7.  A pesticide dealer has sold, offered for sale, or distributed within this state any pesticide without first obtaining a valid pesticide dealer's permit in the appropriate category issued by the Board;

8.  A pesticide dealer has failed or refused to keep accurate and complete records, as required by the Board, for a period of at least two (2) years at each business location;

9.  A pesticide dealer has failed or refused to provide true and complete information to the Board, upon request, regarding pesticide sales, or other information required by the Board;

10.  A person has made any false statement or representation in the person's application for issuance or renewal of a permit;

11.  A person has failed or refused to pay by the specified date any fees, fines, or penalties authorized under the Oklahoma Agricultural Code;

12.  A person has failed to comply with the provisions of a citation, stop work order, or stop sale order issued by the Board;

13.  A person has detached, altered, defaced, or destroyed, in whole or in part, any label or labeling provided for in this subarticle or in rules promulgated by the Board, and added any substance to or taken any substance from a pesticide in a manner that may defeat any of the purposes of this subarticle;

14.  A person has used any information concerning formulas for products acquired by authority of this subarticle for personal advantage or revealed such information to another, other than to the Board or proper officials or employees of the state, to the courts of this state in response to a subpoena, physicians, or in emergencies to pharmacists and other qualified person, for use in the preparation of antidotes;

15.  A person has violated the state law or rules promulgated by the Board pursuant thereto;

16.  Any person has been convicted in any court of a violation of this act, pesticide laws of any other state, or Federal Insecticide Fungicide and Rodenticide Act; or

17.  A person determined by the Board to have violated any provision of this subarticle or rules promulgated by the Board.

D.  If after notice and an opportunity for hearing in accordance with the Administrative Procedures Act, the Board finds any person to be in violation of any of the provisions of this subarticle or rules promulgated by the Board, the Board has the authority to assess an administrative penalty of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) for each violation.  It shall also be unlawful and a misdemeanor for any person, whether or not a commercial or noncommercial license holder, to use a pesticide in a manner inconsistent with its labeling unless prior written approval has been obtained by the Board.

E.  Except as provided for by law, any person, holder or non-holder of a valid license, registration, permit, certificate, or other identification issued by the Board violating any of the provisions of this subarticle shall be guilty of a misdemeanor and shall be punishable by a fine of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the county jail for not less than thirty (30) days and not more than one (1) year, or both.

Added by Laws 1961, p. 3, § 6, operative July 1, 1961.  Amended by Laws 1977, c. 98, § 9; Laws 1984, c. 156, § 5, eff. Nov. 1, 1984; Laws 1986, c. 285, § 3, eff. Nov. 1, 1986; Laws 2000, c. 367, § 15, emerg. eff. June 6, 2000; Laws 2004, c. 109, § 3.

NOTE:  A former § 3-86 of this title was repealed by Laws 1961, p. 3, § 7, operative July 1, 1961.

§2-3-89.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-90.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-91.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-92.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-93.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-94.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§s-3-95.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-96.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-100.  Short title.

This subarticle shall be known and may be cited as the Oklahoma Apiary Act.

Added by Laws 1988, c. 259, § 1, operative July 1, 1988.  Amended by Laws 2000, c. 367, § 16, emerg. eff. June 6, 2000.

§2-3-100.1.  Definitions.

For purposes of the Oklahoma Apiary Act:

1.  "Abandoned apiary" means any apiary not regularly attended in accordance with good beekeeping practices;

2.  "Africanized honeybee" or "Apis mellifers scutellata" means a hybridized bee of African descent that at any stage of development is considered a pest to bees, humans, and animals;

3.  "Apiary" means a place where one or more colonies or nuclei of bees are kept;

4.  "Apiary equipment" means any apparatus, tools, clothing, machines, or other devices used in the handling and manipulation of bees, honey, wax, pollen, propolis, and hives and includes, but is not limited to, any containers of honey or wax that may be used in any apiary, any vehicle used in transporting bees and products, or apiary supplies;

5.  "Bee" means any one of the honey-producing genera of Apis including any queen, worker, or drone, or any of their four life stages.  The term bee includes, but is not limited to, any species of bees used for commercial pollinating purposes;

6.  "Beekeeper" means a person who owns, possesses, controls, or manages one or more colonies of bees for any purpose;

7.  "Bee disease" means an abnormal condition of the eggs, larvae, pupae, or adult stages of bees that impairs normal functioning;

8.  "Certificate of inspection" means a document issued based on an inspection by the Oklahoma Department of Agriculture, Food, and Forestry or other state or province stating that the apiary, bees, and apiary equipment appear free of bee diseases and pests;

9.  "Colony" means an aggregate of worker bees, drones, queen, and developing young bees and the hive and its components including comb, honey, propolis, and pollen;

10.  "Feral colony" means any colony that is not managed according to good beekeeping practices;

11.  "Hive" means any domicile for keeping bees;

12.  "Honey house" means any room in any building where honey is extracted, stored in raw form, processed, or packaged;

13.  "Migratory beekeeper" means a beekeeper who moves or transports colonies of bees into the state to a more favorable location for the purpose of wintering colonies, increasing the strength of colonies, increasing the number of colonies, providing pollination services, or for honey production;

14.  "Nucleus" means any division or portion of a colony that contains comb and bees;

15.  "Pest" means any living organism which is responsible, directly or indirectly, for any condition that is or may be harmful or detrimental to bees in any of their four life stages, or interferes with their management including, but not limited to, diseases, parasites, and Africanized honeybees;

16.  "Pollination" means the use of bees for the transfer of pollen in crops;

17.  "Premise" means any place where bees, colonies, hive, apiary equipment, or honey may be located including, but not limited to, apiaries; and

18.  "Quarantine" means, but is not limited to, any order, hold, detainment, affected area, infected premise or area, movement restrictions of any kind, or notice issued by any state or federal entity specifying boundaries or conditions placed on any apiary, apiary equipment, bees, hives, or honey at its location after discovering the presence of a bee disease or pest.

Added by Laws 1988, c. 259, § 2, operative July 1, 1988.  Amended by Laws 2000, c. 367, § 17, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 1, eff. Nov. 1, 2005.

§2-3-101.  Enforcement of act - Powers of Board - Apiary Advisory Committee.

A.  The State Board of Agriculture or its authorized agents shall have the authority to enter any premises or mode of transportation during reasonable hours for the purpose of implementing the Oklahoma Apiary Act or rules promulgated pursuant thereto.

B.  The Board or its authorized agents shall have the authority to carry out all necessary and proper actions to determine compliance with the Oklahoma Apiary Act including, but not limited to, conducting investigations, opening any bundle, package, or container, examining and making photocopies of records or documents, examining devices, collecting and submitting samples for analysis, issuing any order to destroy infected or infested bees or apiary equipment, and removing or destroying bees, hives or other articles as deemed necessary by the Board.

C.  The Board is authorized to promulgate rules necessary, expedient, or appropriate for the performance, enforcement, or carrying out of any of the purposes, objectives, or provisions of the Oklahoma Apiary Act, including the establishment of fees.  All fees shall be fair and equitable to all parties concerned.  Any rules shall be promulgated pursuant to the Administrative Procedures Act.

D.  The Board shall have the authority to:

1.  Issue, renew, deny, modify, suspend, cancel, and revoke any registration, permit, certificate, license, identification, or order issued pursuant to the provisions of the Oklahoma Apiary Act;

2.  Issue certificates of inspection;

3.  Issue entry permits to any person transporting bees or apiary equipment into this state;

4.  Investigate complaints and violations of the Oklahoma Apiary Act and rules promulgated pursuant thereto;

5.  Issue quarantines, initiate control measures, confiscate, and destroy apiaries, bees, colonies, or hives that present a danger to the public safety or welfare; and

6.  Exercise all incidental powers as necessary and proper to implement and enforce the provisions of the Oklahoma Apiary Act and the rules of the Board promulgated pursuant thereto.

E.  Pursuant to the general powers contained in Section 2-6 of this title, the Board may establish an Apiary Advisory Committee composed of interested residents and beekeepers of the state who, without compensation, may advise and make recommendations to the Department on the administration of the Oklahoma Apiary Act and on other apiary matters.

Added by Laws 1955, p. 17, art. 3(F), § 1, emerg. eff. June 3, 1955.  Amended by Laws 1988, c. 259, § 3, operative July 1, 1988; Laws 2000, c. 367, § 18, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 2, eff. Nov. 1, 2005.

§2-3-103.  Quarantine - Declaration of bee disease or pest - Order to destroy.

A.  Upon the discovery of any bee disease or pest, a premise shall be quarantined by the Oklahoma Department of Agriculture, Food, and Forestry.

B.  The State Board of Agriculture shall have the authority to declare any form of bee, plant, animal, or virus that is injurious to bees as a bee disease or pest.

C.  Any person receiving a quarantine order shall immediately initiate any and all control measures specified in the quarantine.

D.  The quarantine shall remain in effect until officially removed by the Department.

E.  When there are no effective control measures available, or the person fails to initiate control, a Board order to destroy the bees and apiary equipment infected or infested with the bee disease or pest may be issued by the Department to prevent the spread of the bee disease or pest.

Added by Laws 1955, p. 17, art. 3(F), § 3, emerg. eff. June 3, 1955.  Amended by Laws 1988, c. 259, § 4, operative July 1, 1988; Laws 2000, c. 367, § 19, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 3, eff. Nov. 1, 2005.

§2-3-106.  Sales and transport of apiaries, equipment, bees, or hives.

A.  A person shall not sell or offer for sale any apiary, apiary equipment, bee, or hive in this state unless free of bee diseases or pests.

B.  Any apiary, apiary equipment, bee, or hive shipped or transported interstate shall be accompanied with a certificate of inspection issued by the state of origin.

C.  Any person moving or transporting colonies into, within, or through the State of Oklahoma shall secure the colonies in a manner that prevents the escape of bees.

D.  Honey or honey products used in shipping cages for the transport or movement of bees shall be boiled for at least thirty (30) minutes.

Added by Laws 1955, p. 17, art. 3(F), § 6, emerg. eff. June 3, 1955.  Amended by Laws 1988, c. 259, § 5, operative July 1, 1988; Laws 2000, c. 367, § 20, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 4, eff. Nov. 1, 2005.

§2-3-107.  Repealed by Laws 2005, c. 135, § 14, eff. Nov. 1, 2005.

§2-3-113.  Voluntary registration program - Location of new apiaries - Abandoned apiaries.

A.  The Oklahoma Department of Agriculture, Food, and Forestry, on a form prescribed by the Department, shall establish a voluntary registration program.  The program shall be available to any of the following:

1.  Any person establishing, maintaining, or locating an apiary within the state;

2.  Any person shipping bees into the state; or

3.  Migratory beekeepers that transport colonies of bees into the state.

B.  The Department shall issue to each registrant a registration identification number.  Any person owning an apiary that does not register with the Department shall be required to post personal contact information at or near their apiary.

C.  All registrants shall pay registration fees as established by the State Board of Agriculture.  Fees shall be paid to the Board prior to the processing of the registration.

D.  The Board shall promulgate rules to establish and administer the voluntary registration program.

E.  No person shall locate a new apiary within close proximity to an established apiary if the Department determines that the new apiary presents an imminent danger of spreading bee diseases or pests or interferes with the proper feeding and foraging of an established apiary.

F.  If the Department discovers an apiary that does not appear to have a registration identification number, the Department shall make a reasonable effort to locate and notify the beekeeper or owner.  If no beekeeper or owner is identified for the apiary, then it may be designated as an abandoned apiary, and the Department may destroy the apiary or donate it to an appropriate research facility.

Added by Laws 1955, p. 19, art. 3(F), § 13, emerg. eff. June 3, 1955.  Amended by Laws 1988, c. 259, § 7, operative July 1, 1988; Laws 1992, c. 290, § 1, eff. Sept. 1, 1992; Laws 2000, c. 367, § 22, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 5, eff. Nov. 1, 2005.

§2-3-114.  Repealed by Laws 2005, c. 135, § 14, eff. Nov. 1, 2005.

§2-3-116.  Certificate of inspection - Pollination or honey production colony inspection - Investigation.

A.  For the purposes of obtaining a certificate of inspection, a person may request the Oklahoma Department of Agriculture, Food, and Forestry to conduct an inspection of their apiary, colony, hive, apiary equipment, or premise.

B.  Upon completion of inspection, the Department shall issue a certificate of inspection stating that the apiary, the colony, hive, apiary equipment, or premise is either:

1.  Apparently free of bee diseases or pests; or

2.  Not free of bee diseases or pests and the certificate of inspection contains a list of any and all bee diseases or pests found during the inspection.

C.  Any beekeeper who provides colonies of bees for pollination purposes or honey production pursuant to an oral or written contract shall be subject to inspection by the Oklahoma Department of Agriculture, Food, and Forestry for the strength of colonies and the presence of pests.  The Department may, upon complaint, investigate any bee colony.  Copies of the written contract, if one exists, shall be furnished to the Board upon request.

Added by Laws 1955, p. 19, art. 3(F), § 16, emerg. eff. June 3, 1955.  Amended by Laws 1988, c. 259, § 9, operative July 1, 1988; Laws 2000, c. 367, § 24, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 6, eff. Nov. 1, 2005.

§2-3-117.  Inspection fee - Inspection procedures.

A.  1.  Any beekeeper who requests inspection of an apiary, colony, hive, apiary equipment, or premise pursuant to the Oklahoma Apiary Act, is subject to an inspection fee as established by the State Board of Agriculture.

2.  During an inspection or upon request, the Oklahoma Department of Agriculture, Food, and Forestry may take samples.  The manner of sampling, the cost of sampling, and the method of testing shall be established by the Board.

B.  Any inspections of an apiary performed at the request of a beekeeper shall be limited to availability of time and personnel.

C.  1.  Standard precautions for the prevention of the transmission of bee diseases or pests to humans, animals, and bees shall be followed by the Department when inspecting apiaries pursuant to their official duties specified by the Oklahoma Apiary Act.

2.  Except for emergency situations or when enforcement of the provisions of the Oklahoma Apiary Act is required, the Department shall observe the health standards and sanitary requirements of the apiary.

Added by Laws 1955, p. 19, art. 3(F), § 17, emerg. eff. June 3, 1955.  Amended by Laws 1988, c. 259, § 10, operative July 1, 1988; Laws 2000, c. 367, § 25, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 7, eff. Nov. 1, 2005.

§2-3-117.1.  Requirements for transport of bees into state.

A.  Prior to entry into Oklahoma all migratory beekeepers and persons shipping or transporting bees into Oklahoma shall provide the following to the Oklahoma Department of Agriculture, Food, and Forestry:

1.  Information required on an entry form prescribed by the Department;

2.  An entry inspection fee as established by the Department; and

3.  A copy of the certificate of inspection issued from the state of origin.

B.  All persons shipping or transporting bees into Oklahoma for sale shall also provide the purchaser with a copy of the certificate of inspection issued from the state of origin.

C.  Except for persons in subsection B of this section, all other persons transporting bees into the state shall be required to retain a copy of the certificate of inspection for the duration that the bees remain in Oklahoma and shall be able to present the certificate of inspection upon request by the Department.

D.  The Department may inspect any bees or vehicles transporting bees entering the state at any time.

Added by Laws 2005, c. 135, § 8, eff. Nov. 1, 2005.

§2-3-121.  Violations.

It shall be unlawful and a violation of the Oklahoma Apiary Act for any person:

1.  To refuse to permit an inspection provided for by the Oklahoma Apiary Act, or to hinder or interfere with, in any way, the inspection or the person authorized to make the inspection;

2.  To rent a colony of bees to another and misrepresent the strength of a colony;

3.  To fail to pay any fee, fine, or penalty as required and established by the Oklahoma Apiary Act or promulgated rules;

4.  To retain Africanized honeybees except for approved research purposes pursuant to this act;

5.  To knowingly expose comb, honey, frames, empty hives, cover, bottom boards or tools, or other appliances to any material from a diseased colony or apiary or infested with a bee pest;

6.  To fail to comply with any State Board of Agriculture order; or

7.  To violate any provision of the Oklahoma Apiary Act and the rules promulgated by the Board.

Added by Laws 1955, p. 19, art. 3(F), § 21, emerg. eff. June 3, 1955.  Amended by Laws 1988, c. 259, § 11, operative July 1, 1988; Laws 2000, c. 367, § 26, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 9, eff. Nov. 1, 2005.

§2-3-122.  Hearing - Emergency order.

A.  Whenever the Oklahoma Department of Agriculture, Food, and Forestry determines there are reasonable grounds to believe that there has been a violation of any of the provisions of the Oklahoma Apiary Act, any rule, or any order of the State Board of Agriculture, the alleged violator shall be given the opportunity for a fair hearing in accordance with the provisions of Article II of the Administrative Procedures Act.

B.  1.  Whenever the Board finds that an emergency exists requiring immediate action to protect the public health or welfare or to protect bees from any bee disease or pest, it may without notice or hearing issue an order reciting the existence of an emergency and requiring that immediate action be taken to meet the emergency.

2.  The order shall be effective upon issuance, but any person to whom an order is directed shall comply immediately but may request within fifteen (15) days after the order is served an administrative enforcement hearing.

3.  The hearing shall be held by the Department within ten (10) days after receipt of the request.

4.  On the basis of the hearing record, the Board shall affirm, revoke, or modify the order.

5.  Any person aggrieved by the final order may appeal to the district court of the area affected within thirty (30) days.

6.  The appeal when docketed shall have priority over all cases pending on the docket, except criminal.

Added by Laws 1988, c. 259, § 12, operative July 1, 1988.  Amended by Laws 2000, c. 367, § 27, emerg. eff. June 6, 2000; Laws 2005, c. 135, § 10, eff. Nov. 1, 2005.

§2-3-123.  Retention of Africanized honeybees prohibited - Exception.

A.  It shall be illegal to retain Africanized honeybees except for specifically approved research purposes as determined by rules promulgated by the State Board of Agriculture.

B.  All abandoned apiaries observed or captured in counties where Africanized honeybees have been detected shall be destroyed.

C.  If a feral colony of Africanized honeybees is found in the state, the Oklahoma Department of Agriculture, Food, and Forestry shall take immediate actions to protect the public safety and welfare.  The Department may confiscate or destroy the feral Africanized honeybee colony.

Added by Laws 2005, c. 135, § 11, eff. Nov. 1, 2005.

§2-3-124.  Certified Beekeeper Program - European Honeybee Certification Program.

A.  The State Board of Agriculture may promulgate rules to establish a Certified Beekeeper Program.

B.  The Board may promulgate rules to establish and administer a voluntary European Honeybee Certification Program.

Added by Laws 2005, c. 135, § 12, eff. Nov. 1, 2005.

§2-3-125.  Local laws on honeybee hives not authorized - Apiary zoning exception.

No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution prohibiting, impeding, or restricting the establishment or maintenance of honeybees in hives.  This provision shall not be construed to restrict the zoning authority of a county or municipal government to establish appropriate locations for apiaries.

Added by Laws 2005, c. 135, § 13, eff. Nov. 1, 2005.

§2-3-141.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-142.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-143.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-144.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-171.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-201.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-202.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-203.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-204.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-205.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-206.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-207.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-208.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-209.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-210.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-220.  Noxious weeds - Eradication.

A.  1.  The plants musk thistle (Carduus nutans L.), Scotch thistle (Onoprodum acanthium L.), and Canada thistle (Cirsium arvense) are designated as noxious weeds.  The Legislature finds that these thistles are a public nuisance in all counties across this state.

2.  It shall be the duty of every landowner in each county to treat, control, or eradicate all Canada, musk, or Scotch thistles growing on the landowner's land every year as shall be sufficient to prevent these thistles from going to seed.

3.  The Department of Transportation, the boards of county commissioners, and any other public, private, or corporate entity who shall maintain rights-of-way in the State of Oklahoma shall be responsible for removing any thistle infestation that occurs within their jurisdiction.

4.  Failure of the landowner to treat, eradicate, or control all musk, Canada, or Scotch thistle may result in a fine not to exceed One Thousand Dollars ($1,000.00) for each violation per day.

5.  Upon written complaint, the State Department of Agriculture shall inspect the type of thistle infestation, assess the nature and extent of the thistle infestation on the property of the landowner and determine the most appropriate thistle treatment, control, or eradication method available for the type of thistle and location of the property.

B.  The Board shall:

1.  Promulgate rules setting categories or degrees of infestation which would require specified treatment, control, or eradication;

2.  Include musk, Scotch, and Canada thistles as prohibited noxious weed and weed seed pursuant to the Department's authority and responsibility under Article 8 of the Oklahoma Agricultural Code;

3.  By November 1, 2000, and annually thereafter prior to the growing season of musk, Scotch, and Canada thistles, complete an annual survey detailing the degree of infestation of these thistles across the state.  The results of these surveys shall be reported to Oklahoma State University; and

4.  In all counties of this state, provide information to newspapers of general circulation stating that musk, Scotch, and Canada thistles are a public nuisance and that it is the duty of every public, private, or corporate landowner to treat, control, or eradicate these thistles growing on any property owned by the landowner.  The information shall be provided at the beginning of the cycle of growth of the musk, Scotch, and Canada thistles and at other times as necessary to inform landowners of the provisions of this subsection.  The information material shall also include:

a. information detailing the process by which an interested landowner may receive assistance pursuant to this subsection for the removal of thistles from infested property,

b. the telephone number of the Department, and

c. a statement informing the landowner that failure to remove musk, Scotch, and Canada thistles may subject the landowner to legal action requiring the treatment, control, or eradication of these thistles.

C.  Upon request of the landowner or the Department, the designated Oklahoma State University extension agent for a particular county shall evaluate or, if there is no extension agent for a particular county, the Department shall inspect the type of thistle infestation, assess the nature and extent of the thistle infestation on the property of the landowner, and determine the most appropriate thistle treatment, control, or eradication method available for the type of thistle and location of the property.

Added by Laws 1994, c. 204, § 1, eff. Sept. 1, 1994.  Amended by Laws 1995, c. 49, § 1, eff. Nov. 1, 1995; Laws 1998, c. 294, § 1, eff. Nov. 1, 1998; Laws 1999, c. 239, § 1, emerg. eff. May 27, 1999; Laws 2000, c. 11, § 1, eff. Oct. 1, 2000; Laws 2000, c. 367, § 28, emerg. eff. June 6, 2000.

§2-3-251.  Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23, 1990.

§2-3-252.  Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23, 1990.

§2-3-253.  Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23, 1990.

§2-3-254.  Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23, 1990.

§2-3-255.  Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23, 1990.

§2-3-256.  Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23, 1990.

§2-3-257.  Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23, 1990.

§2-3-258.  Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23, 1990.

§2-3-259.  Repealed by Laws 1990, c. 112, § 1, emerg. eff. April 23, 1990.

§2-3-271.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-272.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-273.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-274.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-275.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-276.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-277.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-278.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-3-301.  Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23, 1990.

§2-3-302.  Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23, 1990.

§2-3-303.  Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23, 1990.

§2-3-304.  Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23, 1990.

§2-3-305.  Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23, 1990.

§2-3-306.  Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23, 1990.

§2-3-307.  Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23, 1990.

§2-3-308.  Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23, 1990.

§2-3-309.  Repealed by Laws 1990, c. 112, § 2, emerg. eff. April 23, 1990.

§2-4-1.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-4-2.  Definitions.

For the purposes of this article:

1.  "Animal" or "livestock" means any cattle, horse, or mule; and

2.  "Brand" means a permanent identification mark of which the letters, numbers, and figures used are each three (3) inches or more in length or diameter and are impressed into the hide of a live animal either with a hot iron or by the process commonly referred to as "cold" or "freeze" branding, and includes the location on the animal.  The term means both the mark and location  

Added by Laws 1955, p. 31, art. 4, § 2.  Amended by Laws 1965, c. 199, § 1; Laws 1968, c. 10, § 1, emerg. eff. Feb. 6, 1968; Laws 2000, c. 243, § 27, emerg. eff. May 24, 2000.

§2-4-3.  Approval of brands - Certificates - Conflicts - Brand book.

The State Board of Agriculture shall approve brands for registration, issue certificates, and serve as an adjudicating committee in resolving conflicts.  It shall publish a State Brand Book which shall contain a facsimile of each registered brand with the owner's name and address.  The State Brand Book shall also include laws and rules pertaining to the registration of brands.

Added by Laws 1955, p. 31, art. 4, § 3.  Amended by Laws 2000, c. 243, § 28, emerg. eff. May 24, 2000.

§2-4-4.  Custodian of county brand books - Certified copies - Fees.

The State Board of Agriculture shall be the legal custodian of county brand record books which were maintained under prior laws.  Upon request, the Board shall provide a certified copy of the record of any brand appearing in the county brand record books, charging a fee of One Dollar ($1.00) for each brand.

Added by Laws 1955, p. 31, art. 4, § 4.  Amended by Laws 2000, c. 243, § 29, emerg. eff. May 24, 2000.

§2-4-5.  Application for registration - Fees - Contents.

A.  Any application for the registration of a brand shall be:

1.  On a form prescribed by the State Board of Agriculture; and

2.  Accompanied by a fee of Twenty Dollars ($20.00) for each brand.

B.  The application for the registration of a brand shall show the brand location to the following body regions of animals:  right or left shoulder, neck, rib, or hind quarter.  Previously registered brands are not affected.

C.  The applicant shall list at least three distinct brands and three locations in the preferred order.

Added by Laws 1955, p. 31, art. 4, § 5.  Amended by Laws 1965, c. 476, § 1; Laws 1977, c. 28, § 1; Laws 1984, c. 15, § 16, eff. Jan. 1, 1985; Laws 1994, c. 117, § 1; Laws 2000, c. 243, § 30, emerg. eff. May 24, 2000.

§2-4-6.  Use of unregistered brands - Duplication.

A.  It shall be unlawful for any person to knowingly place upon any livestock a brand which has not been registered with the State Board of Agriculture if the brand duplicates one that is registered.

B.  For purposes of this section, "duplication" means the use of a similar brand in any location on the animal designated for a registered brand.

Added by Laws 1955, p. 31, art. 4, § 6.  Amended by Laws 2000, c. 243, § 31, emerg. eff. May 24, 2000.

§2-4-7.  Publication of revised book - Reregistration - Fees - Copies to officials.

A.  The State Board of Agriculture shall publish a revised Brand Book at least every five (5) years.  Supplements may be published as necessary.

B.  Prior to publication of a revised State Brand Book all registered brand owners and assignees shall be notified in writing that the brand registrations are being terminated.

C.  The renewal fee of Twenty Dollars ($20.00) for the registration of each brand shall be charged for the ensuing fiveyear period or fraction thereof.

D.  The State Brand Book and supplements shall be available to the public at a price commensurate with the cost of preparation, printing, and delivery thereof.  Upon written request the Board shall provide without charge all brand books and supplements to the county clerk and sheriff of each county, any inspection agency, any livestock association, or any entity approved by the Board.

Added by Laws 1955, p. 31, art. 4, § 7.  Amended by Laws 1965, c. 475, § 1; Laws 1977, c. 28, § 2; Laws 1989, c. 40, § 1, operative July 1, 1989; Laws 1994, c. 117, § 2; Laws 2000, c. 243, § 32, emerg. eff. May 24, 2000.

§2-4-8.  Brands in current edition as prima facie evidence of ownership.

Brands in the current edition of the State Brand Book and supplements shall be prima facie evidence of ownership.  An owner whose brand does not appear in the State Brand Book or a supplement shall produce evidence to establish title to the property in the event of controversy.

Added by Laws 1955, p. 32, art. 4, § 8.  Amended by Laws 2000, c. 243, § 33, emerg. eff. May 24, 2000.

§2-4-9.  Questionable ownership of animals at markets - Withholding of funds pending determination.

A.  Any peace officer of the state or any livestock association in the State of Oklahoma qualifying under federal law to perform brand inspection services at specified markets shall have the authority to order funds of an animal of questionable ownership held until ownership is established.

B.  If ownership is not established within thirty (30) days, the funds shall be provided to the State Board of Agriculture and held for one (1) year.  If the ownership to the animal cannot be ascertained, the funds shall be deposited in the State Department of Agriculture Revolving Fund.

Added by Laws 1955, p. 32, art. 4, § 9.  Amended by Laws 2000, c. 243, § 34, emerg. eff. May 24, 2000.

§2-4-10.  Brands reserved to state.

The state reserves the brands of "B", "T", and "A" on the tailhead of cattle.  It shall be unlawful for any person other than authorized agents of the State Board of Agriculture to use any of such brands.

Added by Laws 1955, p. 32, art. 4, § 10, emerg. eff. June 3, 1955.  Amended by Laws 1965, c. 450, § 1; Laws 1996, c. 138, § 2, emerg. eff. May 1, 1996; Laws 2000, c. 243, § 35, emerg. eff. May 24, 2000.

§2-4-11.  Brands in current edition subject to sale, transfer, etc. - Recording - Fees.

Only brands appearing in the current edition of the State Brand Book or supplement thereto, shall be subject to sale, assignment, transfer, devise, or bequest.  The transfer of title shall be recorded with the State Board of Agriculture.  The fee for recording the transfer of title shall be Five Dollars ($5.00).

Added by Laws 1955, p. 32, art. 4, § 11.  Amended by Laws 1994, c. 117, § 3; Laws 2000, c. 243, § 36, emerg. eff. May 24, 2000.

§2-4-12.  Sale of branded livestock - Written transfer of ownership.

All persons selling livestock with a registered brand shall upon request provide a written transfer of ownership to the purchaser.

Added by Laws 1955, p. 32, art. 4, § 12.  Amended by Laws 2000, c. 243, § 37, emerg. eff. May 24, 2000.

§2-4-13.  "Dog Iron" brand.

The brand known as the "Dog Iron" brand, as shown and listed on page 107 at line 23 of the 1950 Oklahoma Brand Book, and which brand was used during his lifetime by the late Will Rogers of Oologah and Claremore, Oklahoma, shall be reserved to the State of Oklahoma for historical purposes.  It shall be unlawful for any person to use the brand for the branding or marketing of animals, provided that the State Board of Agriculture may register the brand in the name of any blood relative or descendant of Will Rogers, so the brand may be perpetuated and preserved for historical purposes and in honor of the memory of Will Rogers.

Added by Laws 1955, p. 32, art. 4, § 13.  Amended by Laws 2000, c. 243, § 38, emerg. eff. May 24, 2000.

§2-4-14.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-4-20.  Animal Identification Program.

A.  The Oklahoma Department of Agriculture, Food, and Forestry shall be the official animal identification agency of the state and shall be the official agency of the state in any dealings between this state and the United States Department of Agriculture, any other federal agency, or any agency or person of this or another state on matters pertaining to animal identification.

B.  It is the intent of the Oklahoma State Legislature to direct and authorize the Oklahoma Department of Agriculture, Food, and Forestry to develop, implement, and administer an Oklahoma Animal Identification Program that achieves the following goals:

1.  Enhance disease preparedness by rapidly identifying animals exposed to disease, thus allowing quick detection, containment, and elimination of disease threats;

2.  Promote continued confidence in animal products and to protect the health status of Oklahoma's herds and flocks;

3.  Identify infected and exposed premises, animals, and groups of animals;

4.  Develop a comprehensive infrastructure that utilizes state-of-the-art national and international standards with the best available and practical technologies for the collection and recording of livestock and food animal movements; and

5.  Be dynamic and flexible, and incorporate new and proven technologies as they become available.

C.  The Department shall be authorized to promulgate rules for the implementation and administration of the Oklahoma Animal Identification Program, if one of the following occurs:

1.  The United States Department of Agriculture issues proposed or final rules or requirements for the implementation of a national animal identification or premises registration program;

2.  The United States Congress enacts requirements for a national animal identification or premises registration system; or

3.  Another state establishes requirements for animal identification or premises registration affecting the importation of livestock from Oklahoma.

D.  Any rules promulgated by the Department pursuant to this section that may be reasonably necessary to implement the Oklahoma Animal Identification Program may include the following:

1.  Premises identification;

2.  Individual animal identification;

3.  Group and lot animal identification;

4.  Specifications and standards for the identification technologies used to track and trace animal movements;

5.  Record keeping; and

6.  Protecting and improving the health of Oklahoma livestock and food animals.

E.  The Department may charge fees; however, the fees shall be limited to the actual costs of the Department for the implementation and administration of the Oklahoma Animal Identification Program.

F.  Pursuant to this section and rules promulgated pursuant thereto, any data or records provided to the Department by persons regarding premises or animal identification, including the name and address of the provider, shall be kept confidential except in the following circumstances:

1.  Federal law requires the information for a National Animal Identification program;

2.  The Department deems release of confidential information to other state and federal agencies is necessary for disease control and disease traceback;

3.  The information is needed to assist law enforcement officials in livestock recovery and theft investigations; and

4.  The Department may release information as needed to assist in criminal investigations or tracebacks concerning violations of state or federal pharmacy acts and drug residues.

G.  In the event that information regarding premises or animal identification is provided to other individuals or entities, the information shall be specific and not cumulative.

H.  A court shall quash any subpoena commanding the disclosure of confidential information or records of the Department.

Added by Laws 2004, c. 544, § 1, eff. July 1, 2004.

§2-5-1.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§25-1.1.  Agribusiness assistance and services to farmers, ranchers and other agriculturalrelated parties.

The State Department of Agriculture is authorized, on behalf of farmers, ranchers, and other agriculturalrelated parties to assist, promote, or provide services in agribusiness-related areas, rural community development, and other public service entities as funds are made available and approved by the State Board of Agriculture.

Added by Laws 1987, c. 208, § 7, operative July 1, 1987.  Amended by Laws 1987, c. 236, § 49, emerg. eff. July 20, 1987; Laws 1988, c. 309, § 8, operative July 1, 1988; Laws 2001, c. 146, § 78, emerg. eff. April 30, 2001.  Renumbered from § 1603 of this title by Laws 2001, c. 146, § 254, emerg. eff. April 30, 2001.

§2-5-2.  Program of marketing services.

For the purpose of aiding and improving the marketing of agricultural products of the State of Oklahoma, the State Board of Agriculture shall implement a program of marketing services.  The program shall include improvement of marketing methods, development of greater and more efficient utilization of agricultural products, and dissemination of marketing information.  The Board shall perform any other services that will facilitate the improvement, transportation, marketing, distributing, processing, or utilization of agricultural products of the State of Oklahoma through commercial channels.

Added by Laws 1955, p. 33, art. 5(A), § 2.  Amended by Laws 2000, c. 243, § 39, emerg. eff. May 24, 2000.

§2-5-2.1.  Market reports.

The State Board of Agriculture may obtain and compile price reports and other information on a daily or other basis for the natural products of the farm, orchard, vineyard, garden, and apiary, raw and manufactured, and livestock, poultry, and dairy products.  The Board may disseminate the reports and information to press associations, radio and television stations, and all media of communication so farmers and producers may be provided information about the exact market conditions existing in this state and in the several markets of the country.  The Board shall cooperate with agricultural agencies, federal and state, to devise the methods which will best carry forward the dissemination of the reports and information.

Added by Laws 1955, p. 92, art. 9(E), § 1.  Amended by Laws 2000, c. 243, § 110, emerg. eff. May 24, 2000.  Renumbered from § 9-151 of this title by Laws 2001, c. 146, § 265, emerg. eff. April 30, 2001.

§2-5-3.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-5-3.1.  Short title - Oklahoma Agriculture Enhancement and Diversification Program.

A.  The provisions of this act shall be known and may be cited as the "Oklahoma Agriculture Enhancement and Diversification Act".

B.  Pursuant to the Oklahoma Agriculture Enhancement and Diversification Act, there is hereby created the "Oklahoma Agriculture Enhancement and Diversification Program".

Added by Laws 1999, c. 157, § 1, eff. Nov. 1, 1999.

§2-5-3.2.  Purpose and categories of Oklahoma Agriculture Enhancement and Diversification Program.

A.  The State Board of Agriculture is hereby authorized to establish and administer the Oklahoma Agriculture Enhancement and Diversification Program.

B.  The purpose of the Oklahoma Agriculture Enhancement and Diversification Program is to promote and encourage the interests of agriculture through the allocation of funds, by grant or loan, to individuals, cooperatives and other agricultural entities to provide assistance to projects dealing with the development of new or expanded uses or both new and expanded uses of agricultural products, and to increase productivity, provide added value to agricultural products and benefit the agricultural producer.

C.  The Program shall consist of the following categories:

1.  Cooperative marketing grants and loans to be available to entities or individuals wishing to work together to develop or establish production, processing or marketing of agricultural products.  The purpose of this category is to provide funding for promoting productivity, providing added value to agricultural products, stimulating and fostering agricultural diversification and encouraging processing innovations;

2.  Marketing and utilization grants and loans to be used to assist in the development or implementation of sound domestic or foreign marketing plans for Oklahoma agricultural products, by-products, or new and better uses for existing agricultural products by the financing of marketing feasibility studies, business plans, and test marketing;

3.  Farm diversification grants or loans to be used for projects dealing with the diversification of family farms or ranches to nontraditional crops, livestock, or on-farm, value-added processing of agricultural commodities; and

4.  Basic and applied research grants and loans for business creation or expansion, or research which will likely lead to a marketable product through the focusing of research efforts on uses and processing of Oklahoma agricultural products and by-products, including but not limited to:

a. focused research which enhances the value of an agricultural product or by-product,

b. feasibility studies,

c. product development costs, and

d. projects that are driven by an entrepreneur or the industry.

D.  The State Board of Agriculture, with the advice and assistance of the Oklahoma Agriculture Enhancement and Diversification Advisory Board created in Section 5 of this act, shall promulgate rules governing the Oklahoma Agriculture Enhancement and Diversification Program.

Added by Laws 1999, c. 157, § 2, eff. Nov. 1, 1999.

§2-5-3.3.  Oklahoma Agriculture Enhancement and Diversification Fund - Monies received and deposited - Appropriation and expenditure.

A.  There is hereby created within the State Treasury a fund for the State Board of Agriculture to be designated the "Oklahoma Agriculture Enhancement and Diversification Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Board of Agriculture to implement and maintain the Oklahoma Agriculture Enhancement and Diversification Program.

B.  The Oklahoma Agriculture Enhancement and Diversification Fund shall consist of:

1.  Money received by the State Department of Agriculture in the form of gifts, grants, appropriations, reimbursements, donations, industry contributions, funds allocated by federal agencies for marketing, research and agricultural development programs and such other monies specifically designated for the Oklahoma Agriculture Enhancement and Diversification Program.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Agriculture for the Oklahoma Agriculture Enhancement and Diversification Program; and

2.  Interest attributable to investment of money in the fund.

C.  All donations or other proceeds received by the Department pursuant to the provisions of this section shall be deposited with the State Treasurer to be credited to the Oklahoma Agriculture Enhancement and Diversification Fund.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

D.  The monies deposited in the fund shall at no time become part of the general budget of the Department or any other state agency.  Except for any administration costs incurred in development and implementation of the Oklahoma Agriculture Enhancement and Diversification Program, no monies from the fund shall be transferred for any purpose to any other state agency or to any account of the State Board of Agriculture or the Department or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense.

Added by Laws 1999, c. 157, § 3, eff. Nov. 1, 1999.

§2-5-3.4.  Grants or loan funds - Applications - Evaluation criteria - Proprietary information.

A.  The State Department of Agriculture shall require eligible applicants to submit information, forms and reports as are necessary to properly and efficiently administer the Oklahoma Agriculture Enhancement and Diversification Program.

B.  Persons may apply to the State Department of Agriculture for grant or loan funds to develop or implement research or marketing and utilization or farm diversification plans, in accordance with rules promulgated by the State Board of Agriculture.  Applications for grant or loan funds shall be approved or denied by the Department in accordance with criteria promulgated by the Board pursuant to the Oklahoma Agriculture Enhancement and Diversification Program.

C.  The Commissioner of Agriculture may also allocate monies from the fund to eligible applicants on a matching basis.

D.  Grant or loan funds may be made available to eligible applicants pursuant to evaluation by the Department based on the following criteria:

1.  Preference will be given to the applicants whose:

a. industrial and nonfood production processes utilize agricultural products,

b. food, feed and fiber products and uses are innovative and add to the value of agricultural products,

c. applications demonstrate a high probability of job creation and return-on-investment,

d. proposals feature research that is innovative as well as commercially plausible,

e. proposals demonstrate a high probability of rapid commercialization,

f. projects demonstrate a shared commitment for funding from other private or public sources or from the applicant,

g. proposals center efforts on nonurban locales,

h. principals are individuals, a group of individuals, an individual on behalf of a group, or corporations which meet the criteria set forth in Section 951 of Title 18 of the Oklahoma Statutes, to market a product or formulate or implement a marketing plan for products which have not been marketed through existing marketing cooperatives,

i. proposals must contain the potential to create additional income for the farm unit, and

j. proposals must provide for new and innovative plans for marketing the product; and

2.  Consideration shall not be given to applications for:

a. research or marketing plans which do not clearly meet the stated objectives of the Oklahoma Agriculture Enhancement and Diversification Act,

b. proposals which are aimed solely at business expansion or creation without regard to agricultural products utilization, and

c. research or marketing plans that cannot reasonably be expected to result in a viable commercial application, or that are or have been duplicated by other research efforts.

E.  1.  Any information submitted to or compiled by the State Department of Agriculture, with respect to the marketing plans, financial statements, trade secrets, research concepts, methods or products, or any other proprietary information of persons, firms, associations, partnerships, agencies, corporations, institutions of higher education, nonprofit research institutions or other entities pursuant to the Oklahoma Agriculture Enhancement and Diversification Program shall not be disclosed in public hearings and shall be kept confidential, except to the extent that the person or entity which provided such information or which is the subject of such information consents to disclosure.

2.  Executive sessions may be held to discuss such materials if deemed necessary by the Board.

Added by Laws 1999, c. 157, § 4, eff. Nov. 1, 1999.  Amended by Laws 2000, c. 367, § 29, emerg. eff. June 6, 2000.

§2-5-3.5.  Oklahoma Agriculture Enhancement and Diversification Advisory Board - Membership - Removal - Vacancy - Officers - Duties.

A.  There is hereby created the Oklahoma Agriculture Enhancement and Diversification Advisory Board.

B.  1.  The members of the Advisory Board shall be appointed as follows:

a. one member shall be appointed by the Speaker of the House of Representatives which member shall be an agricultural lending officer from an Oklahoma-based lending institution,

b. one member shall be appointed by the President Pro Tempore of the Senate from a farm credit institution,

c. one member shall be appointed by the State Treasurer which member shall have agricultural business experience,

d. one member shall be appointed by the Oklahoma Agricultural Cooperative Council who is an active co-op manager or chief executive officer, and

e. three members shall be appointed by the Governor from lists submitted by each of the state's three largest farm organizations and three largest commodity organizations.  Each of these members must be actively engaged in farming or ranching.

2.  The gubernatorial appointees shall serve terms of four (4) years.  The remaining appointees shall serve terms of three (3) years.

3.  The Secretary of Agriculture or designee, the Secretary of the Department of Commerce or designee, and the President of Oklahoma State University or designee, shall serve as ex officio members of the Advisory Board.

C.  1.  Members of the Advisory Board shall serve at the pleasure of and may be removed from office by the appointing authority.  Members shall continue to serve until their successors are appointed.  Any vacancy shall be filled in the same manner as the original appointments.  Six members shall constitute a quorum.

2.  The Advisory Board shall elect a chair and a vice-chair from among its members.  The Advisory Board shall meet as required to comply with its duties and responsibilities specified by the Oklahoma Agriculture Enhancement and Diversification Act and for such other purposes specified by law.  Special meetings may be called by the chair or by the concurrence of any five members.

3.  The Secretary of Agriculture shall call the first meeting of the Advisory Board.

D.  The duties of the Advisory Board shall be to:

1.  Ensure that all proposals that receive funds have the potential to directly benefit agricultural producers;

2.  Evaluate proposals and recommend to the State Department of Agriculture the funding level, and the allocation of funds for the proposal;

3.  Review interim and final reports, including but not limited to financial reports;

4.  Review and make recommendations to the Legislature on any changes needed in the Oklahoma Agriculture Enhancement and Diversification Program;

5.  Assist the Department in developing an annual report to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the State Board of Agriculture;

6.  Make other written recommendations to the State Board of Agriculture which have been concurred upon by at least a majority of the membership of the Advisory Board; and

7.  Provide a public forum for the discussion of issues it considers relevant to its area of jurisdiction, and to:

a. pass nonbinding resolutions expressing the intent of the Advisory Board, and

b. make recommendations to the State Board of Agriculture or the Department concerning the need and the desirability of conducting meetings, workshops and seminars.

E.  Members of the Advisory Board shall serve without compensation but may be reimbursed expenses incurred in the performance of their duties, as provided in the State Travel Reimbursement Act.  The Advisory Board is authorized to utilize the conference rooms of the State Department of Agriculture and obtain administrative assistance from the Department, as required.

Added by Laws 1999, c. 157, § 5, eff. Nov. 1, 1999.

§2-5-4.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-5-5.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-5-6.  Marketing information and news services.

The State Board of Agriculture shall have authority to furnish market information and market news services for agricultural commodities to producers, packers, shippers, wholesalers, retailers, consumers, and other interested parties.  In addition, the Board may determine the type of information or services assembled and distributed for any commodity.  The information or services may be provided at the shipping, wholesale, or retail level.

Added by Laws 1955, p. 33, art. 5(A), § 6.  Amended by Laws 2000, c. 243, § 40, emerg. eff. May 24, 2000.

§2-5-7.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-5-8.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-5-9.  "Made in Oklahoma" and "Grown in Oklahoma" program - Specifications.

A.  The State Department of Agriculture shall initiate and operate a "Made in Oklahoma" and a "Grown in Oklahoma" program for the purpose of promoting foods, products, and services produced within Oklahoma.

B.  The programs shall be designed to:

1.  Increase consumer awareness by identifying foods, products, or services with a "Made in Oklahoma" or a "Grown in Oklahoma" logo;

2.  Increase purchase of Oklahoma foods, products, and services by Oklahomans and by out-of-state persons;

3.  Expand and develop new markets for Oklahoma-made foods, products, and services;

4.  Attract needed materials to Oklahoma processors; and

5.  Educate consumers about Oklahoma foods, products, and services through an extensive and informative public relations campaign.

Added by Laws 1991, c. 11, § 1, eff. Sept. 1, 1991.  Amended by Laws 2000, c. 243, § 13, emerg. eff. May 24, 2000.  Renumbered from § 2-11a of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-10.  "Made in Oklahoma" and "Grown in Oklahoma" program - Powers and duties of State Department of Agriculture.

A.  To implement the Made in Oklahoma Program and the Grown in Oklahoma Program, the State Department of Agriculture shall:

1.  Design a "Made in Oklahoma" logo and a "Grown in Oklahoma" logo for use by Oklahoma processors, providers, or growers;

2.  Establish standards and requirements for logos;

3.  Establish fees for logos; provided any Oklahoma processor, provider, or grower may acquire use of the logos on their foods, products, or services free of charge for the first year after authorization for use;

4.  Establish a task force to assist in ascertaining strengths and weaknesses of the program;

5.  Cooperate with other state agencies and other organizations as needed in development of the program;

6.  Foster conferences, institutes, and exhibits on Oklahoma-made products and services or Oklahoma-grown foods;

7.  Publish reports, surveys, news bulletins, or other materials pertaining to its findings, recommendations, and work; and

8.  Report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate areas needing legislative or procedural changes to help promote the purchase and use of Oklahoma-made products and services and Oklahoma-grown foods or to attract manufacturers to supply processors with needed materials.

B.  The Department may apply for, accept, and use any gift, grant, or bequest from any source for the purpose of discharging its duties.

Added by Laws 1991, c. 11, § 2, eff. Sept. 1, 1991.  Amended by Laws 2000, c. 243, 14, emerg. eff. May 24, 2000.  Renumbered from § 2-11b of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-11.  "Made in Oklahoma" and "Grown in Oklahoma" programs - Identification of needs of state entities - Cooperation with Department of Central Services and State Purchasing Director.

A.  As part of the "Made in Oklahoma" and "Grown in Oklahoma" programs established within the State Department of Agriculture, the Department, in cooperation with the Department of Central Services and the State Purchasing Director, shall develop and expand new markets and identify the needs of state agencies, institutions, universities, and other entities of state, municipalities, counties, and other political subdivisions of this state and federal agencies and institutions for Oklahoma-made and Oklahoma-grown agricultural products.

B.  The Department shall serve as a communication link between the producers of Oklahoma agricultural products and the Department of Central Services and the State Purchasing Director or directly between the producers and the state, local, and federal entities for determining and satisfying the needs of the state, local, and federal entities for agricultural products.  Special emphasis shall be given by the program for the development of opportunities for distribution and sale of surplus and oversupply of perishable products.

C.  The Department, the Department of Central Services, and the State Purchasing Director shall provide an expeditious process for the sale to and purchase of Oklahoma grown and produced agricultural products by state, local, and federal entities.

D.  The Department shall inform producers of the identified needs of agricultural products by the state, local, and federal entities and shall assist the producers in contract procedures with or through the Department of Central Services and the State Purchasing Director or directly with the state, local, or federal entity needing the agricultural products.

Added by Laws 1998, c. 65, § 1, emerg. eff. April 8, 1998.  Amended by Laws 2000, c. 243, § 15, emerg. eff. May 24, 2000.  Renumbered from § 2-11c of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-21.  Renumbered as § 10-71 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-21.1.  Renumbered as § 10-72 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-21.2.  Renumbered as § 10-73 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-22.  Renumbered as § 10-74 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-23.  Renumbered as § 10-75 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-24.  Renumbered as § 10-76 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-25.  Renumbered as § 10-77 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-25.1.  Renumbered as § 10-78 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-26.  Renumbered as § 10-79 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-27.  Renumbered as § 10-80 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-28.  Renumbered as § 10-81 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-29.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-5-30.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-5-47.  Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-51.  Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-52.  Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-53.  Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-54.  Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-58.  Repealed by Laws 1990, c. 249, § 11, eff. Jan. 1, 1991.

§2-5-59.  Oklahoma Trade Development program - Establishment - Participating entities - Purpose.

A.  The State Board of Agriculture shall establish an Oklahoma Trade Development program to further the processing and marketing of Oklahoma food products and renewable resources.

B.  All applicable agencies including, but not limited to, the Division of Agriculture at Oklahoma State University, the Department of Commerce, and the Corporation Commission shall cooperate in the program.

C.  The Oklahoma Trade Development Center shall consider the following subjects:

1.  The possibility of a food processing center to assist in the marketing of intrastate and interstate distribution to increase the awareness of Oklahoma food products.

2.  The possibilities for value-added products to be derived from Oklahoma's renewable resources.

Added by Laws 1987, c. 106, § 1, emerg. eff. May 22, 1987.  Amended by Laws 2000, c. 243, § 52, emerg. eff. May 24, 2000.

§2-5-60.  Industry Advisory Committee within Oklahoma Food and Agricultural Products Research and Technology Center - Members - Subcommittees - Compensation - Quorum - Assistance.

A.  There is hereby created the "Industry Advisory Committee" within the Oklahoma Food and Agricultural Products Research and Technology Center located at Oklahoma State University in Stillwater, Oklahoma.  The Committee shall consist of one ex officio nonvoting member and fifteen appointed members.  The Committee shall be advisory to the Oklahoma Food and Agricultural Products Research and Technology Center.  The Committee shall assist and advise the Oklahoma Food and Agricultural Products Research and Technology Center in prioritizing projects, in setting fees, and in creating and designing joint ventures for the development and advancement of the production, processing, handling, and marketing of agricultural commodities, so the Center may meet the needs of the state's value-added processing entities.

B.  The Committee shall consist of sixteen (16) members as follows:

1.  The Dean of the Division of Agricultural Sciences and Natural Resources of Oklahoma State University shall serve as an ex officio nonvoting member;

2.  The Governor shall appoint four members to serve three-year terms, two of whom shall be nationally based food processors, one of whom shall be a member of the "Made in Oklahoma" organization, and one of whom shall represent a state, county, or city economic development agency.  Of the members initially appointed, two shall serve a one-year term, one shall serve a two-year term, and one shall serve a three-year term;

3.  The President Pro Tempore of the Senate shall appoint four members to serve three-year terms, one of whom shall be involved in food transportation, one of whom shall be involved in textiles, one of whom shall be involved in industrial or pharmaceutical products, and one of whom shall be an Oklahoma-based food processor.  Of the members initially appointed, one shall serve a one-year term, two shall serve a two-year term, and one shall serve a three-year term;

4.  The Speaker of the House of Representatives shall appoint four members to serve three-year terms, one of whom shall be involved in food marketing, one of whom shall be involved in food distribution, one of whom shall be involved in industrial or pharmaceutical products, and one of whom shall be an Oklahoma-based food processor.  Of the members initially appointed, one shall serve a one-year term, one shall serve a two-year term, and two shall serve a three-year term; and

5.  The Dean of the Division of Agricultural Sciences and Natural Resources of Oklahoma State University shall appoint three members to serve three-year terms, one of whom shall be an Oklahoma-based food processor, and two of whom shall be involved in production agriculture.  Of the members initially appointed, one shall serve a one-year term, one shall serve a two-year term, and one shall serve a three-year term.

C.  Any vacancies in the appointed membership of the Industry Advisory Committee shall be filled in the same manner as the original appointment.

D.  The Committee shall elect from among its members a chair, vice-chair, and any other officers that the Committee determines necessary.

E.  The Committee shall meet at least biannually.

F.  The Committee may appoint subcommittees as necessary to carry out its duties pursuant to this section.

G.  Members of the Committee shall not receive a salary for duties performed by the Committee.  Members of the Committee shall be reimbursed for necessary travel expenses incurred in the performance of their official duties in accordance with the State Travel Reimbursement Act.  The Oklahoma Food and Agricultural Products Research and Technology Center shall be responsible for paying travel expenses.

H.  A majority of the members shall constitute a quorum.

I.  The Oklahoma Food and Agricultural Products Research and Technology Center shall provide staff assistance for the Committee.

Added by Laws 1996, c. 87, § 1, eff. July 1, 1996.  Amended by Laws 2000, c. 243, § 53, emerg. eff. May 24, 2000.

§2-5-60.10.  Short title.

This act shall be known and may be cited as the "Oklahoma Agricultural Commodity Referendum Act".

Added by Laws 1999, c. 123, § 1, eff. July 1, 1999.

§2-5-60.11.  Purpose of act.

A.  The purpose of the Oklahoma Agricultural Commodity Referendum Act is to authorize and prescribe the necessary procedures by which the producers of agricultural commodities grown in this state may establish agricultural commodity producers boards to finance programs devised to alleviate any circumstance or condition that serves to impede the production, marketing, research or use of agricultural commodities.

B.  Agriculture commodity producers boards established pursuant to the Oklahoma Agricultural Commodity Referendum Act shall not be agencies of the state.

Added by Laws 1999, c. 123, § 2, eff. July 1, 1999.

§2-5-60.12.  Definitions.

As used in the Oklahoma Agricultural Commodity Referendum Act:

1.  "Agricultural commodity" means an agricultural commodity, horticultural commodity, silvicultural commodity, or agricultural product, horticultural product, viticulture, or silvicultural product, or bees and honey, planting seed, rice, livestock or livestock product, or poultry or poultry product, produced in this state, either in its natural state or as processed by the producer;

2.  "Board" means an agricultural commodity producers board;

3.  "Commissioner" means the Commissioner of the State Department of Agriculture;

4.  "District" means a geographical area within the jurisdiction of a board;

5.  "Processor" means a person who:

a. is a purchaser, warehouseman, processor, or other commercial handler of an agricultural commodity, or

b. is engaged in the operation of packing, grading, selling, offering for sale or marketing any agricultural commodity in commercial quantities as defined in a marketing program, who as owner, agent, or otherwise, ships or causes agricultural commodities to be shipped;

6.  "Producer" means a person engaged in the business of producing or causing to be produced for commercial purposes an agricultural commodity.  The term "producer" includes the owner of a farm on which the commodity is produced and the owner's tenant or sharecropper;

7.  "Person" means an individual, firm, corporation, association, or any other business entity;

8.  "Secretary-treasurer" means the secretary-treasurer of a board;

9.  "Certified organization" means the agricultural commodity entity certified by the State Department of Agriculture to conduct a referendum; and

10.  "Volume of production" shall be defined by the certified organization and can refer to units of product sold such as pounds, bushels, gallons, flats, containers, packages, or other commonly recognized units of measure, square footage or acreage of production space or other appropriate measurement units, or number of production units such as trees, vines, head count of livestock or poultry, or other commonly recognized measurement units, or gross sales.

Added by Laws 1999, c. 123, § 3, eff. July 1, 1999.

§2-5-60.13.  Petition for certification - Public hearing.

A.  1.  Any nonprofit organization authorized under the laws of this state representing the producers of an agricultural commodity may petition the Commissioner of the State Department of Agriculture for certification as the organization authorized to establish a commodity producers board and conduct an assessment referendum pursuant to the Oklahoma Agricultural Commodity Referendum Act.

2.  The petition shall state:

a. the reasons for and the purposes of the commodity producers board,

b. the number of board members and board organization,

c. propose either a six-member, nine-member, twelve-member or fifteen-member board and whether board members will be appointed by district or appointed at large,

d. the maximum assessment to be levied pursuant to an election, and

e. such other information required by the commissioner;

3.  The petition shall be signed by at least twenty percent (20%) of the commodity producers in the state or at least two hundred commodity producers, whichever is less.

B.  1.  Within fifteen (15) days following the day on which a petition for certification is received, the Commissioner shall schedule a public hearing to consider the petition.  The public hearing shall be scheduled no later than forty (40) days after receipt of the completed petition is received by the Department.

2.  Upon the scheduling of the public hearing, the nonprofit organization shall provide for notification of interested commodity producers in the manner, method and locations required by the State Department of Agriculture.

3.  If the Commissioner determines that, on the basis of testimony presented at the public hearing, the petitioning organization is representative of the producers of the agricultural commodity and that the petition conforms to the purposes and provisions of the Oklahoma Agricultural Commodity Referendum Act, the Commissioner shall certify that the organization is representative of the producers of the commodity and is authorized to establish the commodity producers board and to conduct the board election and assessment referendum.

Added by Laws 1999, c. 123, § 4, eff. July 1, 1999.

§2-5-60.14.  Commodity producers board - Ballot - Notice by publication - Written notice.

A.  A certified organization may establish a commodity producers board and conduct an election of members to the commodity producers board for the commodity.  The ballot shall also provide for a referendum of the producers of an agricultural commodity on the proposition of whether or not the producers shall levy an assessment on themselves to finance programs of research, disease and insect control, predator control, education, or promotion designed to encourage the production, marketing, and use of the commodity.  The certified organization shall give public notice of:

1.  The date, hours, and polling places for voting in the referendum and election;

2.  The estimated amount and basis of the assessment proposed to be collected;

3.  Whether a producer exemption is to be allowed in accordance with Section 9 of this act; and

4.  A description of the manner in which the assessment is to be collected and the proceeds administered and used.

B.  The notice under subsection A of this section shall be published in one or more newspapers published and distributed within the boundaries described in the petition.  The notice shall be published for not less than once a week for three (3) consecutive weeks, beginning at least sixty (60) days before the date of the election.  In addition, at least sixty (60) days before the date of the election, the certified organization shall give direct written notice to each county extension educator in any county within the boundaries described in the petition.

Added by Laws 1999, c. 123, § 5, eff. July 1, 1999.

§2-5-60.15.  Conduct of election - Referendum - Eligibility to vote - Candidates.

A.  Subject to the approval of the Commissioner of the State Department of Agriculture, the certified organization shall conduct the election and referendum on a statewide basis.

B.  A producer of the agricultural commodity is eligible to vote in the election and referendum if:

1.  The producer's production occurs within the state; and

2.  The producer would be required under the referendum to pay the assessment.

C.  Any producer who is eligible to vote at the election and referendum is eligible to be a member or a candidate for membership on the commodity producers board.

D.  A potential candidate must file with the certified organization an application to have the name of such potential candidate printed on the ballot.  The application must be signed by the candidate and by at least ten producers who are eligible to vote at the election.  The application must be filed at least thirty (30) days before the date set for the election.

E.  A voter may vote for board members by writing in the name of any eligible person whose name is not printed on the ballot.

Added by Laws 1999, c. 123, § 6, eff. July 1, 1999.

§2-5-60.16.  Preparation and distribution of ballots - Contents.

A.  The certified organization shall prepare and distribute all necessary ballots in advance of the referendum and election and shall cause ballots to be available at all polling places.

B.  The referendum provisions of the ballot shall specify a maximum rate for the authorized assessment.

C.  The election provisions of the ballot may be printed only with the names of candidates who have filed valid petitions under Section 6 of this act, but the ballot shall provide a space for write-in votes.

D.  The ballot shall provide a space for the voter to certify the volume of the voter's production of the commodity during the preceding year or other relevant production period, as designated on the ballot.

Added by Laws 1999, c. 123, § 7, eff. July 1, 1999.

§2-5-60.17.  Expenses - Reimbursement.

The certified organization is responsible for all expenses incurred in connection with the referendum and election, but it may be reimbursed for actual and necessary expenses out of funds deposited in the treasury of the commodity producers board if the assessment is levied and collected.

Added by Laws 1999, c. 123, § 8, eff. July 1, 1999.

§2-5-60.18.  Exemption from assessment.

The original referendum and subsequent biennial board elections may provide exemptions for producers from payment of the assessment if the exemptions are included in full written form on the election ballot and are approved by:

1.  Two-thirds or more of those voting in the election; or

2.  More than one-half of those voting in the election and those voting in favor of the proposition produce at least fifty percent (50%) of the volume of production of the commodity during the relevant production period.

Added by Laws 1999, c. 123, § 9, eff. July 1, 1999.

§2-5-60.19.  Contest of election - Overstatement of volume of production.

A.  In any contest of an election, a ballot is void if the voter overstated the volume of production of the producer by more than ten percent (10%).  Any other error in stating volume of production is not grounds for invalidating the ballot.

B.  If a ballot is void or if any other error is made in stating production volume, the returns shall be corrected and the results adjusted accordingly.

C.  In the original referendum election, the Commissioner of the State Department of Agriculture shall be authorized and is responsible for making the determination if a ballot is void due to overstatement of production volume.  In any subsequent referendum elections the individual commodity producer boards are authorized and shall be responsible for making such determination.

Added by Laws 1999, c. 123, § 10, eff. July 1, 1999.

§2-5-60.20.  Determination of election results.

Upon receiving the report of the returns of an election and referendum, the Commissioner of the State Department of Agriculture shall determine:

1.  The number of votes cast for and against the referendum proposition;

2.  The total volume of production of the commodity during the relevant production period;

3.  The percentage of the total volume of production of the commodity that was produced by those voting in favor of the referendum proposition; and

4.  The appropriate number of candidates receiving the highest number of votes for membership on the commodity producers board.

Added by Laws 1999, c. 123, § 11, eff. July 1, 1999.

§2-5-60.21.  Certification of adoption of defeat of referendum proposition.

A.  In a referendum election, if the Commissioner of the State Department of Agriculture finds that either of the two conditions set forth in subsection B of this section are met, the Commissioner shall publicly certify the adoption of the referendum proposition and issue certificates of election to those persons elected to the board.  Otherwise the Commissioner shall certify that the referendum proposition was defeated.

B.  The referendum proposition will be adopted upon a finding that:

1.  Two-thirds or more of those voting in the election voted in favor of the referendum proposition; or

2.  More than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.

Added by Laws 1999, c. 123, § 12, eff. July 1, 1999.

§2-5-60.22.  Biennial board elections.

A commodity producers board shall conduct biennial elections for the purpose of electing members to the board.  The board shall give notice and hold the election in accordance with the applicable provisions of the Oklahoma Agricultural Commodity Referendum Act relating to the initial election and, to the extent necessary, in accordance with the rules of the Commissioner of the State Department of Agriculture.

Added by Laws 1999, c. 123, § 13, eff. July 1, 1999.

§2-5-60.23.  Establishment of board upon certification of referendum results.

If the Commissioner of the State Department of Agriculture certifies adoption of a referendum proposition under Section 12 of this act, the commodity producers board is established and has the powers and duties prescribed by the Oklahoma Agricultural Commodity Referendum Act.

Added by Laws 1999, c. 123, § 14, eff. July 1, 1999.

§2-5-60.24.  Meeting and organization of board - Terms of office.

A.  On receiving certificates of election from the Commissioner of the State Department of Agriculture, the members of the commodity producers board shall meet and organize.

B.  Members of the initial board shall draw lots so that one-third (1/3) of the members shall hold office for two (2) years, one-third (1/3) for four (4) years, and one-third (1/3) for six (6) years.  Thereafter, members of the board shall serve for terms of six (6) years.

C.  Each member holds office until a successor is elected and has qualified.

Added by Laws 1999, c. 123, § 15, eff. July 1, 1999.

§2-5-60.25.  Officers of board - Bond.

A.  The commodity producers board shall elect from its members a chair, a secretary-treasurer, and other officers that it considers necessary.

B.  The secretary-treasurer shall execute a corporate surety bond in an amount required by the board.  The bond shall be conditioned on the secretary-treasurer faithfully accounting for all money that comes into the custody of the officer.  The bond shall be filed with the Commissioner.

C.  The board shall fill any vacancy on the board by appointment for the unexpired term.

D.  A majority vote of all members present is necessary for an action of the board to be valid.

E.  Members of the board serve without compensation but are entitled to reimbursement from their commission for reasonable and necessary expenses incurred in the discharge of their duties.

Added by Laws 1999, c. 123, § 16, eff. July 1, 1999.

§2-5-60.26.  Powers and duties of board.

A.  The commodity producers board shall have the power and duty to:

1.  Employ personnel deemed necessary by the board, fix the amount and manner of their compensation, and incur other expenses that are necessary and proper to enable the board to effectively carry out the purposes of the Oklahoma Agricultural Commodity Referendum Act;

2.  Adopt rules as necessary to promptly and effectively administer the Oklahoma Agricultural Commodity Referendum Act;

3.  Retain legal counsel as is required to fulfill the purposes of the Oklahoma Agricultural Commodity Referendum Act;

4.  Sue and be sued;

5.  Initiate prosecution and civil remedies necessary to collect any assessments due and owing to the commodity producers board;

6.  Cooperate with local, state or national organizations, whether public or private, in carrying out the purposes of contracts as may be necessary;

7.  Make such reasonable expenditures of funds as is necessary to carry out the provisions of the Oklahoma Agricultural Commodity Referendum Act;

8.  Call and conduct such meetings and elections as may be necessary in carrying out the provisions of the Oklahoma Agricultural Commodity Referendum Act;

9.  Keep minutes of its meetings and other books and records that clearly reflect all acts and transactions of the board.  The board shall open its records to examination by any participating producer during regular business hours; provided, the board may determine by rule that certain information provided by a commodity producer is proprietary and is confidential;

10.  Set the rate of the assessment.  The rate may not exceed the maximum established in the election authorizing the assessment or a subsequent election establishing a maximum rate;

11.  Act separately or in cooperation with any person in developing, carrying out, and participating in programs of research, disease and insect control, predator control, education, and promotion designed to encourage the production, marketing, and use of the commodity on which the assessment is levied; and

12.  Exercise such other powers as necessary to carry out the purposes of the Oklahoma Agricultural Commodity Referendum Act.

B.  The Commissioner of the State Department of Agriculture shall promulgate rules for the establishment of commodity producer boards pursuant to the Oklahoma Agricultural Commodity Referendum Act.  The rules shall ensure that such commodity producer boards are established and administered in a uniform manner.

Added by Laws 1999, c. 123, § 17, eff. July 1, 1999.

§2-5-60.27.  Proposal and approval of budget - Audits - Reports - State budget and expenditure limitations.

A.  The commodity producers board shall file with the Director of the Market Development Division of the State Department of Agriculture a proposed budget and may expend funds only after the division director has approved the budget.  If after thorough review the division director disapproves the proposed budget, the proposed budget shall be returned to the submitting board not later than forty-five (45) days after the date on which the proposed budget is submitted with a statement of reasons for disapproval.

B.  Accounts of the board are subject to audit by the State Auditor and Inspector.

C.  Within thirty (30) days following the end of each fiscal year of the board, the board shall submit to the Director of the Market Development Division of the State Department of Agriculture a report itemizing all income and expenditures and describing all activities of the board during the previous fiscal year.

D.  Funds collected by the commodity producers board pursuant to the Oklahoma Agricultural Commodity Referendum Act shall not be subject to state budget and expenditure limitations.  Such funds shall at no time become monies of the state or become part of the general budget of the state.  Debts or obligations of the board shall not be construed to be debts or obligations of this state.

Added by Laws 1999, c. 123, § 18, eff. July 1, 1999.

§2-5-60.28.  Assessments, donations and grants - Purpose of expenditures.

A.  The board is authorized to receive assessments as provided for in the Oklahoma Agricultural Commodity Referendum Act, donations from any source and grants from governmental agencies.

B.  Money received by the board may be expended for the purpose of implementing the provisions of the Oklahoma Agricultural Commodity Referendum Act.

C.  Funds assessed and collected under this act shall not be expended for use directly or indirectly to promote or oppose the election of any candidate for public office or to influence legislation.

Added by Laws 1999, c. 123, § 19, eff. July 1, 1999.

§2-5-60.29.  Collection of assessment.

A.  The processor at the first point of sale determined by the board shall collect the assessment.  Except as provided by subsection B of this section, the processor at that point shall collect the assessment by deducting the appropriate amount from the purchase price of the commodity or from any funds advanced for that purpose.

B.  If the producer and processor are the same legal entity, or if the producer retains ownership after processing, such entity shall remit the assessment at the time of first sale of the commodity.

C.  The secretary-treasurer of the commodity producers board, by registered or certified mail, shall notify each processor of the duty to collect the assessment, the manner in which the assessment is to be collected, and the date on or after which the processor is to begin collecting the assessment.

D.  The amount of the assessment collected shall be clearly shown on the sales invoice or other document evidencing the transaction.  The processor shall furnish a copy of the document to the producer.

E.  Unless otherwise provided by the original referendum, no later than the tenth day of each month the processor shall remit the amount collected during the previous month to the secretary-treasurer of the board.

F.  No commodity shall be subject to the applicable fee more than once per growing season.

Added by Laws 1999, c. 123, § 20, eff. July 1, 1999.

§2-5-60.30.  Refund.

A.  A producer who has paid an assessment may obtain a refund of the amount paid by filing an application for refund with the secretary-treasurer of the commodity producers board within sixty (60) days after the date of payment.  The application must be in writing, on a form prescribed by the board for that purpose, and accompanied by proof of payment of the assessment.

B.  The secretary-treasurer shall pay the refund to the producer before the eleventh day of the month following the month in which the application for refund and proof of payment are received.

Added by Laws 1999, c. 123, § 21, eff. July 1, 1999.

§2-5-60.31.  Increase of maximum rate of assessment - Abolition of assessment - Referendum.

A.  At any biennial election of the commodity producers board, the board may submit to the voters a proposition to increase the maximum rate of assessment.  The proposition is approved and the new maximum rate is in effect if:

The referendum proposition will be adopted upon a finding that:

1.  Two-thirds or more of those voting in the election voted in favor of the referendum proposition; or

2.  More than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.

B.  1.  If twenty percent (20%) or more of the producers participating in the program present to the secretary-treasurer a petition calling for a referendum of the qualified voters on the proposition of discontinuing the assessment, the board shall conduct a referendum for that purpose.  An election on a proposition of discontinuing the assessment shall be held no more than once per year.

2.  The board shall give notice of the referendum, the referendum shall be conducted, and the results shall be declared in the manner provided by law for the original referendum and election, with any necessary exceptions provided by rule promulgated pursuant to the Oklahoma Agricultural Commodity Referendum Act.

3.  The board shall conduct the referendum within ninety (90) days of the date of filing of the petition.

4.  The proposition shall be approved if:

a. two-thirds or more of those voting in the election voted in favor of the referendum proposition, or

b. more than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.

C.  If the proposition is approved, the assessment is abolished.

Added by Laws 1999, c. 123, § 22, eff. July 1, 1999.

§2-5-60.32.  Failure to remit assessment - Proceedings to recover.

The commodity producers board may investigate conditions that relate to the prompt remittance of the assessment by any producer or processor.  If the board determines that a person has failed to remit to the board the assessment as required by the Oklahoma Agricultural Commodity Referendum Act, the board may independently institute proceedings for recovery of the amount due to the board or for injunctive or other appropriate relief.

Added by Laws 1999, c. 123, § 23, eff. July 1, 1999.

§2-5-60.33.  Violations - Injunction - Costs and attorney fees.

A violation of any provision of the Oklahoma Agricultural Commodity Referendum Act is unlawful and may be enjoined by a district court of competent jurisdiction.  In any action brought by a board which results in an injunction against a person and the court determines that such person has violated any provision of the Oklahoma Agricultural Commodity Referendum Act, the court shall award costs and attorney fees to the board.

Added by Laws 1999, c. 123, § 24, eff. July 1, 1999.

§2-5-60.34.  Exemption from requirements of act.

All commissions and assessments established before July 1, 1999, are exempt from the requirements and provisions of the Oklahoma Agricultural Commodity Referendum Act.

Added by Laws 1999, c. 123, § 25, eff. July 1, 1999.

§2-5-61a.  Renumbered as § 14-31 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61b.  Renumbered as § 14-32 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61c.  Renumbered as § 14-33 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61d.  Renumbered as § 14-34 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61e.  Renumbered as § 14-35 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61f.  Renumbered as § 14-36 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61g.  Renumbered as § 14-37 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61h.  Renumbered as § 14-38 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61i.  Renumbered as § 14-39 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61j.  Renumbered as § 14-40 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61k.  Renumbered as § 14-41 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61l.  Renumbered as § 14-42 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61m.  Renumbered as § 14-43 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-61n.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-5-62.1.  Renumbered as § 14-61 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-62.2.  Renumbered as § 14-62 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-62.3.  Renumbered as § 14-63 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-62.4.  Renumbered as § 14-64 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-62.5.  Renumbered as § 14-65 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-62.6.  Renumbered as § 14-66 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-62.7.  Renumbered as § 14-67 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-62.8.  Renumbered as § 14-68 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-62.9.  Renumbered as § 14-69 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

§2-5-62.10.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-5-71.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-5-72.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-5-73.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-5-74.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-5-75.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-5-76.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-5-77.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-5-78.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-5-79.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-5-80.  Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.

§2-5-81.  Short title - Purpose of program.

A.  Sections 5-81 through 5-89 of this title shall be known and cited as the "Oklahoma Agricultural Linked Deposit Program".

B.  It is the purpose of the Oklahoma Agricultural Linked Deposit Program to provide funding for eligible agricultural businesses.  It is the specific intent of the Legislature that any funding provided to eligible agricultural businesses for alternative agricultural products shall diversify Oklahoma's agricultural industry so as to broaden Oklahoma's economic base.

Added by Laws 1987, c. 182, § 1, eff. Feb. 1, 1988.  Amended by Laws 1997, c. 367, § 1, eff. July 1, 1997; Laws 2001, c. 146, § 100, emerg. eff. April 30, 2001.  Renumbered from § 1761 of this title by Laws 2001, c. 146, § 258, emerg. eff. April 30, 2001.

§2-5-82.  Definitions.

As used in the Oklahoma Agricultural Linked Deposit Program:

1.  "Agricultural domestic corporation" means any domestic corporation formed or licensed pursuant to the Oklahoma General Corporation Act or a limited domestic liability company formed or licensed pursuant to the Oklahoma Limited Liability Company Act and meeting the requirements of paragraph 5 of subsection A of Section 955 of Title 18 of the Oklahoma Statutes and meeting the requirements of subsection A of Section 951 of Title 18 of the Oklahoma Statutes;

2.  "Agricultural linked deposit" means a certificate of deposit placed by the State Treasurer with an eligible lending institution or an investment in bonds, notes, debentures, or other obligations or securities issued by the federal farm credit bank with regard to an eligible lending institution for the purpose of carrying out the intent of this program;

3.  "Agricultural Linked Deposit Loan Package" means the forms provided by the State Treasurer for the purpose of applying for an agricultural linked deposit;

4.  "Alternative agricultural products" means those products included in a report submitted by the Cooperative Extension Service of Oklahoma State University to the State Department of Agriculture, and any other products which the State Board of Agriculture determines will diversify Oklahoma's agricultural industry so as to broaden Oklahoma's economic base;  

5.  "An at-risk farm or ranch business" shall be one that seeks a production loan and meets the following criteria:

a. at least sixty percent (60%) of gross income derived from farming and/or ranching, and

b. a debt-to-asset ratio over forty percent (40%);

6.  "Eligible agricultural business" means any person engaged in producing, processing, or marketing alternative agricultural products or an at-risk farm or ranch business, within the State of Oklahoma in operation that has developed a management plan through the Intensive Financial Management and Planning Support (IFMAPS) program of the Cooperative Extension Service of Oklahoma State University or the Farm Business Management Program of the Oklahoma Department of Career and Technology Education; and

7.  "Eligible lending institution" means a financial institution that agrees to participate in the Oklahoma Agricultural Linked Deposit Program, and:

a. is eligible to be a depository of state funds, or

b. is an institution of the farm credit system organized under the federal "Farm Credit Act of 1971", 12 U.S.C. 2001, as amended.

Added by Laws 1987, c. 182, § 2, eff. Feb. 1, 1988.  Amended by Laws 1988, c. 3, § 1, operative Feb. 1, 1988; Laws 1989, c. 248, § 1, eff. Nov. 1, 1989; Laws 1997, c. 367, § 2, eff. July 1, 1997; Laws 2001, c. 146, § 101, emerg. eff. April 30, 2001.  Renumbered from § 1762 of this title by Laws 2001, c. 146, § 258, emerg. eff. April 30, 2001.  Amended by Laws 2001, c. 414, § 1, eff. July 1, 2001.

NOTE: Laws 2001, c. 33, § 1 repealed by Laws 2001, c. 414, § 14, eff. July 1, 2001.

§25-83.  Report on diversification of Oklahoma's agriculture industry  Alternative agricultural products.

A.  The Director of the Cooperative Extension Service shall submit to the State Department of Agriculture a report on which products will diversify Oklahoma's agriculture industry on or before January 1 of each year.

B.  Alternative agricultural products under the Oklahoma Agricultural Linked Deposit Program shall be determined by the State Board of Agriculture, and shall include, but not be limited to, the products listed in a report submitted by the Director of the Cooperative Extension Service to the State Board of Agriculture on January 1 of each year.  The Board shall hold necessary hearings to gain input from the agricultural community to determine if a product which is not included in the report from the Cooperative Extension Service will qualify as an alternative agricultural product.

Added by Laws 1987, c. 182, § 3, eff. Feb. 1, 1988.  Amended by Laws 2001, c. 146, § 102, emerg. eff. April 30, 2001.  Renumbered from § 1763 of this title by Laws 2001, c. 146, § 258, emerg. eff. April 30, 2001.

§2-5-84.  Dissemination of information about program.

The State Treasurer shall disseminate information about the Oklahoma Agricultural Linked Deposit Program to the agriculture industry in this state.

Added by Laws 1987, c. 182, § 4, eff. Feb. 1, 1988.  Renumbered from § 1764 of this title by Laws 2001, c. 146, § 258, emerg. eff. April 30, 2001.

§25-85.  Administration of program  Annual report.

A.  The State Treasurer is authorized to administer the Oklahoma Agricultural Linked Deposit Program.  The State Treasurer is further authorized to issue guidelines in a manner similar to Article I of the Administrative Procedures Act.

B.  The State Treasurer shall submit an annual report outlining the status of the Oklahoma Agricultural Linked Deposit Program to the Governor, the Lieutenant Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.

Added by Laws 1987, c. 182, § 5, eff. Feb. 1, 1988.  Amended by Laws 2001, c. 146, § 103, emerg. eff. April 30, 2001.  Renumbered from § 1765 of this title by Laws 2001, c. 146, § 259, emerg. eff. April 30, 2001.

§2-5-86.  Agricultural linked deposit loan packages - Completion by borrower -  Acceptance and review by lending institutions - Certification of proposed use - Priority for economic needs of area - Submission of package to State Treasurer - Approval or rejection.

A.  The State Treasurer is authorized to disseminate information and provide agricultural linked deposit loan packages to the lending institutions eligible for participation in the Oklahoma Agricultural Linked Deposit Program.

B.  The agricultural linked deposit loan package shall be completed by the borrower before being forwarded to the lending institution for consideration.  Any technical assistance in completing the agricultural loan package shall be provided by the State Department of Agriculture.

C.  1.  An eligible lending institution that desires to receive an agricultural linked deposit shall accept and review applications for loans from eligible agricultural businesses.  The lending institution shall apply all usual lending standards to determine the credit worthiness of each eligible agricultural business.  No single linked deposit for an alternative agricultural product shall exceed One Million Dollars ($1,000,000.00).  No single linked deposit for an atrisk farm or ranch operation shall exceed Three Hundred Fifty Thousand Dollars ($350,000.00).

2.  Only one linked deposit loan shall be made and be outstanding at any one time to any farmer.  However, the linked deposit loan may be refinanced.

3.  No loan shall be made to any officer or director of the lending institution making the loan.

D.  An eligible agricultural business shall certify on its loan application that the reduced rate loan will be used exclusively for the purposes outlined in paragraph 6 of Section 5-82 of this title.

E.  In considering which eligible agricultural businesses to include in the agricultural linked deposit loan package for reduced rate loans, the eligible lending institution shall give priority to the economic needs of the area in which the business is located and other factors it considers appropriate to determine the relative financial need of the business.

F.  1.  The eligible lending institution shall forward to the State Treasurer an agricultural linked deposit loan package in the form and manner prescribed and approved by the State Treasurer.  The package shall include information regarding the amount of the loan requested by each eligible agricultural business and any other information regarding each business the State Treasurer and the State Board of Agriculture requires.  The institution shall certify that each applicant is an eligible agricultural business, and shall, for each business, certify the present borrowing rate applicable to each specific eligible agricultural business.

2.  The institution and applicant shall certify that each applicant is an eligible agricultural business and that the values used to calculate the ratios of debt to assets have not been changed or manipulated in order to qualify the applicant for the program.

3.  Whoever knowingly makes a false statement concerning a linked deposit loan application shall be prohibited from participating in the linked deposit loan program.

G.  Upon receipt of a completed agricultural linked deposit loan package, the State Treasurer may review or audit the information contained in the completed agricultural linked deposit loan package, including, but not limited to, a review or audit of the values used to calculate the ratios of debts to assets as provided by the applicant and the institution.  The State Treasurer shall forward the completed agricultural linked deposit loan package to the Board.  The Board shall review the agricultural linked deposit loan package to determine if the package qualifies under this program.  The Board shall make a recommendation concerning the package within ten (10) business days.  The Board shall return the package to the State Treasurer with a written recommendation of approval or rejection.  If the Board recommends rejection, the written recommendation shall include reasons for the rejection.  The Board shall forward a copy of the rejection notice to the lending institution and the borrower.  The State Treasurer shall keep a chronological list of applications forwarded by the Board for approval or rejection.

Added by Laws 1987, c. 182, § 6, eff. Feb. 1, 1988.  Amended by Laws 1989, c. 248, § 2, eff. Nov. 1, 1989; Laws 1994, c. 277, § 15; Laws 1995, c. 88, § 1, eff. July 1, 1995; Laws 2001, c. 146, § 104, emerg. eff. April 30, 2001.  Renumbered from § 1766 of this title by Laws 2001, c. 146, § 259, emerg. eff. April 30, 2001.

§25-87.  Acceptance or rejection of agricultural linked deposit loan package  Notice  Agricultural linked deposit agreements.

A.  The State Treasurer may accept or reject an agricultural linked deposit loan package or any portion of the package, based on the State Treasurer's evaluation of the eligible agricultural businesses included in the package, the amount of individual loans in the package, and the amount of the package.  If the State Treasurer recommends rejection, the written recommendation shall include reasons for the rejection in a report to the State Board of Agriculture.  The Board shall forward a copy of the rejection notice to the lending institution and the borrower.  The borrower may be allowed to bring the application into compliance with the Board and the State Treasurer and resubmit the application.  If the State Treasurer rejects the loan because sufficient funds are not available for a linked deposit, then the applications may be considered in the order received when funds are once again available subject to a review by the Board and the lending institution.  In evaluating the eligible agricultural businesses, the State Treasurer shall consider the recommendation of the Board and the economic needs of the area where the business is located.

B.  The State Treasurer may accept or reject an agricultural linked deposit loan package or any portion of the package, based on the agricultural business's debt-to-asset ratio.  The State Treasurer shall have the authority to establish quarterly, based on the availability of funds, a minimum debt-to-asset ratio of not less than forty percent (40%), nor more than fifty-five percent (55%), required to qualify as an at-risk farm or ranch business.

C.  Upon acceptance of the agricultural linked deposit loan package or any portion of the package, the State Treasurer shall notify the Board, the lending institution and the borrower.  Upon acceptance, the State Treasurer may place certificates of deposit with the eligible lending institution at a rate below current market rates, as determined and calculated by the State Treasurer, or may invest in bonds, notes, debentures, or other obligations or securities issued by the federal farm credit bank with respect to the eligible lending institution at a rate below current market rates, as determined and calculated by the State Treasurer.  When necessary, the State Treasurer may place certificates of deposit or may invest in obligations or securities prior to acceptance of an agricultural linked deposit loan package.

D.  1.  The eligible lending institution shall enter into an agricultural linked deposit agreement with the State Treasurer, that shall include requirements necessary to implement the purposes of the Oklahoma Agricultural Linked Deposit Program.  The requirements shall include an agreement by the eligible lending institution to lend an amount equal to the agricultural linked deposit to eligible agricultural businesses at an interest rate that reflects a percentage rate reduction below the present borrowing rate applicable to each specific agricultural business in the accepted loan package that is equal to the percentage rate reduction below market rates at which the certificates of deposit that constitute the agricultural linked deposit were placed or at which the investments in bonds, notes, debentures, or other obligations or securities that constitute the agricultural linked deposit were made.  The requirements shall also reflect the market conditions prevailing in the eligible lending institution's lending area.

2.  The agreement may include a specification of the period of time in which the lending institution is to lend funds upon the placement of a linked deposit, and shall include provisions for the certificates of deposit to be placed or the investment in bonds, notes, debentures, obligations, or securities to be made for any maturity considered appropriate by the State Treasurer not to exceed two (2) years and may be renewed for up to an additional three renewals not to exceed two (2) years each at the option of the State Treasurer.  Two additional renewals may be approved by the State Treasurer up to a total duration of participation of twelve (12) years, but new eligible participants and eligible participants who have had linked deposit loans for less than eight (8) years shall have priority over renewals.  No renewals will be allowed unless the amount of principal has been reduced by a minimum of five percent (5%) and all interest paid to date from the time of the prior loan or renewal.  Interest shall be paid at the times determined by the State Treasurer.

Added by Laws 1987, c. 182, § 7, eff. Feb. 1, 1988.  Amended by Laws 1993, c. 86, § 1, eff. July 1, 1993; Laws 1995, c. 88, § 2, eff. July 1, 1995; Laws 1999, c. 4, § 1, eff. July 1, 1999; Laws 2001, c. 146, § 105, emerg. eff. April 30, 2001.  Renumbered from § 1767 of this title by Laws 2001, c. 146, § 259, emerg. eff. April 30, 2001.

§25-88.  Funding of loan  Loan rate  Certification of compliance.

A.  1.  Upon the placement of an agricultural linked deposit with an eligible lending institution, the institution shall fund the loan to each approved eligible agricultural business listed in the agricultural linked deposit loan package in accordance with the agricultural linked deposit agreement between the institution and the State Treasurer.

2.  The loan shall be at a rate that reflects a percentage rate reduction below the present borrowing rate applicable to each business that is equal to the percentage rate reduction below market rates at which the certificate of deposits that constitute the agricultural linked deposit were placed or at which the investments in bonds, notes, debentures, or other obligations or securities that constitute the agricultural linked deposit were made.

3.  A certification of compliance with this section in the form and manner as prescribed by the State Treasurer shall be required of the eligible lending institution.

B.  The State Treasurer shall take any and all steps necessary to implement the Oklahoma Agricultural Linked Deposit Program and monitor compliance of eligible lending institutions and eligible agricultural businesses, including the development of guidelines as necessary.

Added by Laws 1987, c. 182, § 8, eff. Feb. 1, 1988.  Amended by Laws 2001, c. 146, § 106, emerg. eff. April 30, 2001.  Renumbered from § 1768 of this title by Laws 2001, c. 146, § 259, emerg. eff. April 30, 2001.

§25-89.  Liability of state for payment of loan.

The State of Oklahoma, the State Department of Agriculture, and the State Treasurer shall not be liable to any eligible lending institution in any manner for payment of the principal or interest on the loan to an eligible agricultural business.  Any delay in payments or default on the part of an eligible agricultural business does not in any manner affect the agricultural linked deposit agreement between the eligible lending institution and the State Treasurer.

Added by Laws 1987, c. 182, § 9, eff. Feb. 1, 1988.  Amended by Laws 2001, c. 146, § 107, emerg. eff. April 30, 2001.  Renumbered from § 1769 of this title by Laws 2001, c. 146, § 259, emerg. eff. April 30, 2001.

§2-5-91.  Short title - Implementation.

A.  This subarticle shall be known and may be cited as the "Oklahoma International Trade Development Act".

B.  The Oklahoma International Trade Development Act shall be implemented by the Oklahoma International Trade Development Council.

Added by Laws 1994, c. 357, § 1, eff. July 1, 1994.  Amended by Laws 2001, c. 146, § 125, emerg. eff. April 30, 2001.  Renumbered from § 3001 of this title by Laws 2001, c. 146, § 262, emerg. eff. April 30, 2001.

§2-5-92.  Mission of Council.

A.  The mission of the Oklahoma International Trade Development Council is to:

1.  Develop and recommend marketing strategies and policies; and

2.  Promote the strategies and policies at the request of any Oklahoma agency, authority, and other entity of state government whose fundamental mission is the economic development of Oklahoma through export of agricultural products including, but not limited to raw materials, value added foods, grains, processed feeds, equipment, live animals, semen, embryos and services.

B.  The Oklahoma International Trade Development Council shall continue the high level of integrity of development initiatives traditionally employed by Oklahoma, and combine the joint efforts and expertise available across state agencies, institutions and centers.

Added by Laws 1994, c. 357, § 2, eff. July 1, 1994.  Amended by Laws 1996, c. 72, § 1, emerg. eff. April 9, 1996; Laws 2001, c. 146, § 126, emerg. eff. April 30, 2001.  Renumbered from § 3002 of this title by Laws 2001, c. 146, § 262, emerg. eff. April 30, 2001.

§2-5-93.  Functions and membership of Council.

A.  To fulfill its mission as the originator of the development of economic analysis and market planning for this state, the Oklahoma International Trade Development Council shall be the central advisory, planning, and monitoring board for all agriculture-related products, livestock, goods, services, and agricultural market development.  The Council shall serve as an expert economic development advisory board to the executive branch, the state Legislature, and the judiciary regarding international export of Oklahoma agricultural products, livestock, goods, services, and agricultural market development.

1.  The Oklahoma International Trade Development Council shall be an economic development advisory board for the Oklahoma Department of Commerce for agricultural marketing and investment activities.

2.  The Oklahoma International Trade Development Council shall act as policy advisor for the Oklahoma International Trade Development Act to the State Department of Agriculture and the Institutions of Higher Learning in their representative capacities for development of agricultural policies and programs for international export sales and markets.

3.  The Oklahoma International Trade Development Council shall act as the central policy development advisory board to any newly created Oklahoma agencies, authorities, and other entities of state government whose fundamental mission is the economic development of Oklahoma through export of agricultural products, livestock, goods, services, and agricultural market development.

4.  In its capacity as Oklahoma's central economic policy, advisory, and monitoring board for export of agricultural products, livestock, goods, services, and agricultural market development, the Oklahoma International Trade Development Council shall promote greater collaboration and cooperation between the executive and legislative branches, agribusiness, financial institutions, labor and management, educational institutions, and local communities to create increased innovation, creativity, diversity, and productivity greater than any one sector can achieve acting alone.

B.  1.  The Oklahoma International Trade Development Council shall consist of the following ex officio members or their designee:

a. the Commissioner of the State Department of Agriculture,

b. the Executive Director of the Oklahoma Department of Commerce,

c. Chair and Vice-chair of the Agriculture Committee of the House of Representatives,

d. Chair and Vice-chair of the Agriculture Committee of the State Senate,

e. the Chair and Vice-chair of the Economic Development Committee of the Oklahoma House of Representatives,

f. the Chair and Vice-chair of the Economic Development Committee of the State Senate, and

g. the Chair of the Oklahoma State Chamber of Commerce and Associated Industries;

2.  In addition to the members specified in paragraph 1 of this subsection, the Council shall consist of the following:

a. the Governor shall appoint six members as follows:

(1) a representative of the Oklahoma wheat industry, from a list submitted by statewide wheat producer associations,

(2) a representative of the Oklahoma cattle industry, from a list submitted by statewide Oklahoma cattlemen's producer associations,

(3) a representative of the Oklahoma pork producers submitted by statewide pork producer associations,

(4) a representative of the Oklahoma food processing industry,

(5) a representative of a state financial institution with experience in international finance, and

(6) one member from the public at large,

b. the Speaker of the House of Representatives shall appoint five members as follows:

(1) a representative of the Oklahoma grain and seed industry,

(2) a representative of the Oklahoma poultry producers,

(3) a representative of the Oklahoma cotton producers,

(4) a representative from the pure breed livestock industry, and

(5) one member from the public at large, and

c. the Pro Tempore of the Senate shall appoint five members as follows:

(1) a representative from the Oklahoma nursery industry,

(2) a representative from the Oklahoma soybean producers,

(3) a representative from the Oklahoma peanut producers,

(4) a specialized genetic expert, and

(5) a member from the public at large.

C.  The initial appointments for each gubernatorial and legislative member shall be for progressive terms of one (1) through four (4) years so that only one term expires each calendar year.  Each of the first members appointed from the public at large shall serve a term of three (3) years.  Subsequent appointments shall be for four-year terms.

D.  All appointees to the Council shall be selected for outstanding knowledge and leadership in their fields.

E.  No appointed member may serve more than two consecutive full terms of office on the Oklahoma International Trade Development Council.

F.  Any vacancy in the appointive membership of the Oklahoma International Trade Development Council shall be filled for the unexpired term in the same manner as the original appointment.

G.  The Chair of the Oklahoma International Trade Development Council shall be elected annually from among the private sector members.  A Vice-chair shall be elected annually from among all the members.

H.  The Oklahoma International Trade Development Council shall meet at least quarterly each year, and at other times upon the call of the Governor.

I.  The Oklahoma International Trade Development Council shall be managed by the State Department of Agriculture who is authorized to contract for services with any person to accomplish the purposes of the Oklahoma International Trade Development Act.

J.  Nonlegislative members of the Oklahoma International Trade Development Council shall be reimbursed for actual and necessary travel expenses in performing their duties as members of the Oklahoma International Trade Development Council.  Legislative members of the Council shall be reimbursed as provided in Section 456 of Title 74 of the Oklahoma Statutes.

K.  In making appointments to the board of directors of the Oklahoma International Trade Development Council, appropriate consideration shall be given to representation upon the Council by race, gender, and geographical area.

Added by Laws 1994, c. 357, § 3, eff. July 1, 1994.  Amended by Laws 1995, c. 51, § 1, eff. July 1, 1995; Laws 1996, c. 72, § 2, emerg. eff. April 9, 1996; Laws 2001, c. 146, § 127, emerg. eff. April 30, 2001.  Renumbered from Title 2, § 3003 by Laws 2001, c. 146, § 262, emerg. eff. April 30, 2001.  Amended by Laws 2001, c. 440, § 3, eff. July 1, 2001; Laws 2002, c. 22, § 1, emerg. eff. March 8, 2002.

NOTE:  Laws 2001, c. 430, § 6 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.

§2-5-94.  Powers and duties of Council.

A.  The Oklahoma International Trade Development Council shall have the power and duty to:

1.  Assist and encourage economic prosperity and employment throughout this state by promoting the expansion of international exports of Oklahoma agricultural products and livestock;

2.  Cooperate in conjunction with other organizations, public and private, the objectives of which are the promotion and advancement of export trade activities in the state;

3.  Make recommendations regarding the establishment of a source of funding credit guarantees and insurance to support export development, particularly to small- and medium-sized businesses; and

4.  Advise exporters and other groups regarding barter agreements between exporters of Oklahoma agricultural, livestock, or manufactured goods and groups in other counties and to facilitate contributions of Oklahoma agricultural and livestock products to areas of the world experiencing food shortages.

B.  The Oklahoma International Trade Development Council shall seek advice from the general public, professional associations, academic groups and institutions, and individuals with the knowledge  and interest in areas of economic development and planning regarding international export of Oklahoma agricultural products and livestock, and agricultural market development.

C.  All state agencies shall cooperate with the Oklahoma International Trade Development Council in providing information and other assistance as requested for the performance of Council duties.

D.  The Oklahoma International Trade Development Council shall utilize, seek to enhance, and support the continuing economic analysis and information services provided by the public and private higher education institutions of this state.

Added by Laws 1994, c. 357, § 4, eff. July 1, 1994.  Amended by Laws 1996, c. 72, § 3, emerg. eff. April 9, 1996; Laws 2001, c. 146, § 128, emerg. eff. April 30, 2001.  Renumbered from § 3004 of this title by Laws 2001, c. 146, § 262, emerg. eff. April 30, 2001.

§2-5-100.  Legislative finding and declaration.

The Legislature hereby finds, determines and declares that the production of agricultural food products constitutes a large proportion of Oklahoma's economy and that it is beneficial to the citizens of this state to protect the vitality of the agricultural economy by providing a legal cause of action for producers of perishable agricultural food products to recover damages for the disparagement of any perishable agricultural food product.

Added by Laws 1995, c. 159, § 1, eff. July 1, 1995.  Amended by Laws 2001, c. 146, § 129, emerg. eff. April 30, 2001.  Renumbered from § 3010 of this title by Laws 2001, c. 146, § 263, emerg. eff. April 30, 2001.

§2-5-101.  Definitions.

As used in Sections 129 through 132 of this act unless the context otherwise requires:

1.  "Disparagement" means dissemination of information to the public in any manner which casts doubt on the safety of any perishable agricultural food product to the consuming public; and

2.  "Perishable agricultural food product" means an agricultural product as defined in Section 17-3 of Title 2 of the Oklahoma Statutes, intended for human consumption which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.

Added by Laws 1995, c. 159, § 2, eff. July 1, 1995.  Amended by Laws 2001, c. 146, § 130, emerg. eff. April 30, 2001.  Renumbered from § 3011 of this title by Laws 2001, c. 146, § 263, emerg. eff. April 30, 2001.

§2-5-102.  Cause of action for damages.

A.  Any producer of perishable agricultural food products who suffers damages as a result of another person's disparagement of any such perishable agricultural food product, when the disparagement is based on false information which is not based on reliable scientific facts and scientific data and which the disseminator knows or should have known to be false, may bring an action for damages and for any other appropriate relief in a court of competent jurisdiction.

B.  The provisions of this section shall not be construed to limit or prohibit any cause of action which may be available to any producer of perishable agricultural food products pursuant to the Oklahoma Deceptive Trade Practices Act or any state or federal slander or libel law.

Added by Laws 1995, c. 159, § 3, eff. July 1, 1995.  Amended by Laws 2001, c. 146, § 131, emerg. eff. April 30, 2001.  Renumbered from § 3012 of this title by Laws 2001, c. 146, § 263, emerg. eff. April 30, 2001.

§2-5-103.  Short title.

This article shall be known and may be cited as the "Oklahoma Farm Animal, Crop, and Research Facilities Protection Act".

Added by Laws 2003, c.70, § 1, eff. Nov. 1, 2003.

§2-5-104.  Definitions.

As used in the Oklahoma Farm Animal, Crop, and Research Facilities Protection Act:

1.  "Actor" means a person accused of any of the offenses in this act;

2.  "Animal" means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, ratites, goats, dogs, rabbits, poultry, fish, and bees.  The term "animal" shall not include any animal held primarily as a pet;

3.  "Animal facility" includes any vehicle, building, structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained;

4.  "Commissioner" means the Commissioner of Agriculture;

5.  "Consent" means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not:

a. induced by force, threat, false pretenses, or fraud,

b. given by a person the actor knows, or should have known, is not legally authorized to act for the owner,

c. given by a person who by reason of youth, mental disease or defect, or intoxication is known, or should have been known, by the actor to be unable to make reasonable decisions, or

d. given solely to detect the commission of an offense;

6.  "Crop" means any fruits, vegetables, grains, or other products of annual or perennial plants, trees, or shrubs grown for consumption by humans or animals or produced or grown for other commercial or personal uses.  Crop shall not include any plants, trees, or shrubs used to produce or manufacture any illegal drug or other controlled dangerous substance;

7.  "Crop facility" means any field, building, greenhouse, structure, or premises where crops are grown or offered for sale and office, building, or structure where records, documents, or electronic data relating to crops or crop research, testing, production, or education are maintained;

8.  "Deprive" means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property;

9.  "Owner" means a person who has title to the property, lawful possession of the property, or a greater right to possession of the property than the actor;

10.  "Person" means any individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity;

11. "Possession" means actual care, custody, or management;

12. "Property" means any real or personal property and shall include any document, record, research data, paper, or computer storage medium; and

13. "State" means the State of Oklahoma.

Added by Laws 2003, c. 70, § 2, eff. Nov. 1, 2003.

§2-5-105.  Offenses - Applicability of section to actions taken by government agencies.

A.  1.  A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of such facility, animal, or property and to disrupt or damage the enterprise conducted at the animal facility.

2.  A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over a crop facility, a crop from a crop facility, or other property from a crop facility with the intent to deprive the owner of such facility, crop, or property and to disrupt or damage the enterprise conducted at the crop facility.

B.  1.  A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility and the damage or loss thereto exceeds Five Hundred Dollars ($500.00); or

2.  A person commits an offense if, without the consent of the owner, the person damages or destroys a crop facility or damages or destroys any crop or property in or on a crop facility with the intent to disrupt or damage the enterprise conducted at the crop facility and the damage or loss thereto exceeds Five Hundred Dollars ($500.00).

C.  1.  A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility and the damage or loss thereto is Five Hundred Dollars ($500.00) or less or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person:

a. had notice that the entry was forbidden,

b. knew or should have known that the animal facility was or had closed to the public, or

c. received notice to depart but failed to do so.

2.  For the purposes of this paragraph "notice" means:

a. oral or written communication by the owner or someone with actual or apparent authority to act for the owner,

b. the presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals, or

c. a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden,

(1) a person commits an offense if, without the consent of the owner, the person damages or destroys a crop facility or damages or destroys any crop or property in or on a crop facility and the damage or loss thereto is Five Hundred Dollars ($500.00) or less or enters or remains on a crop facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person:

(a) had notice that the entry was forbidden,

(b) knew or should have known that the crop facility was or had closed to the public, or

(c) received notice to depart but failed to do so,

(2) for the purposes of this subdivision "notice" means:

(a) oral or written communication by the owner or someone with actual or apparent authority to act for the owner, or

(b) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.

D.  This section shall not apply to, affect, or otherwise prohibit actions taken by the Oklahoma Department of Agriculture, Food, and Forestry, any other federal, state, or local department or agency, or any official, employee, or agent thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation.

Added by Laws 2003, c. 70, § 3, eff. July 1, 2003.

§2-5-106.  Penalties.

A.  A person convicted of any of the offenses defined in subsections A and B of Section 3 of this act shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00) or by imprisonment for a term not to exceed three (3) years, or both.

B.  Any person violating subsection C of Section 3 of this act shall be guilty of a misdemeanor.

Added by Laws 2003, c. 70, § 4, eff. Nov. 1, 2003.

§2-5-111.  Legislative finding and declaration.

The Legislature finds, determines, and declares that the production of agricultural food products constitutes a large proportion of the state's economy and that it is beneficial to the citizens of this state to enhance the production and further expand the state's economy by effectively supporting and promoting the value-added food processing industry.

Added by Laws 1996, c. 74, § 1, emerg. eff. April 9, 1996.  Amended by Laws 2001, c. 146, § 132, emerg. eff. April 30, 2001.  Renumbered from § 3021 of this title by Laws 2001, c. 146, § 264, emerg. eff. April 30, 2001.

§2-5-112.  Standard of care for producer of livestock - Rebuttable presumption.

A.  If an action against a producer of livestock arises as a result of consumption of a meat food product, there shall be a rebuttable presumption that the producer of livestock met the standard of ordinary care in the production of that livestock, so long as the livestock in question were inspected and passed in accordance with the provisions contained in the Oklahoma Meat Inspection Act, Oklahoma Poultry Products Inspection Act, Oklahoma Rabbit and Rabbit Products Inspection Act, and Exotic Livestock and Exotic Livestock Products Inspection Act.

B.  In no event shall a producer of livestock in an action arising as a result of consumption of a meat food product be held to a standard higher than that of ordinary care if the livestock in question had been inspected and passed in accordance with the provisions contained in the Oklahoma Meat Inspection Act, Oklahoma Poultry Products Inspection Act, Oklahoma Rabbit and Rabbit Products Inspection Act, and Exotic Livestock and Exotic Livestock Products Inspection Act.

Added by Laws 2004, c. 544, § 2, eff. July 1, 2004.

§2-5-301.  Short title.

This subarticle shall be known as the "Oklahoma Organic Food Act".

Added by Laws 1989, c. 317, § 1, operative July 1, 1989.  Amended by Laws 2000, c. 243, § 76, emerg. eff. May 24, 2000.

§2-5-302.  Purpose.

The purpose of the Oklahoma Organic Food Act is to permit and facilitate the production and marketing of organically grown products in a manner which assures the consumer that the products have been produced and marketed according to consistent standards and practices.

Added by Laws 1989, c. 317, § 2, operative July 1, 1989.  Amended by Laws 2000, c. 243, § 77, emerg. eff. May 24, 2000; Laws 2003, c. 242, § 1, emerg. eff. May 23, 2003.

§2-5-303.  Definitions.

For purposes of the Oklahoma Organic Food Act:

1.  "Certification or certified" means a determination made by a certifying agent that a production or handling operation is in compliance with this subarticle and rules promulgated pursuant thereto;

2.  "Certificate of Organic Production" means an official document issued by an accredited certifying agent to document the certification of a production or handling operation;

3.  "Certifying agent" means a person accredited by the Secretary of the United States Department of Agriculture (USDA) to certify a producer or handler for the purposes of the Oklahoma Organic Food Act or the Organic Food Production Act of 1990, as amended and rules promulgated pursuant thereto;

4.  "Certified operation" means a crop or livestock production, wild-crop harvesting, or handling operation, or portion of an operation that is certified by an accredited certifying agent as utilizing a system of organic production or handling as described by the Oklahoma Organic Food Act or the Organic Food Production Act of 1990, as amended and the rules promulgated pursuant thereto;

5.  "Organic food" means edible consumer products produced, processed, packaged, and handled under a system of organic production;

6.  "Organic production" means a production system that is managed in accordance with the Oklahoma Organic Food Act and rules promulgated pursuant thereto or the Organic Food Production Act of 1990, 7 U.S.C., Section 6501 et seq., as amended, to respond to site-specific conditions by integrating cultural, biological, and mechanical practices that foster recycling of resources, promote ecological balance, and conserve biodiversity; and

7.  "Producer" means a person who engages in the business of planting, growing, or harvesting food, fiber, feed, and other agricultural-based consumer products.

Added by Laws 1989, c. 317, § 3, operative July 1, 1989.  Amended by Laws 2000, c. 243, § 78, emerg. eff. May 24, 2000; Laws 2003, c. 242, § 2, emerg. eff. May 23, 2003.

§2-5-304.  Certification program - Administration - Inspection and analysis - Verification documents - Audits of records.

A.  The State Board of Agriculture shall establish a program for the certification of organic agricultural products.  The Board shall submit this program to the Secretary of the USDA for accreditation as required by the Organic Food Production Act of 1990, as amended, 7 U.S.C., Section 6501 et seq. and rules promulgated pursuant thereto.  Upon accreditation, the Board shall act as a certifying agent and issue a Certificate of Organic Production to an operation that has met all requirements of the Oklahoma Organic Food Act and rules promulgated pursuant thereto.

B.  The Board shall promulgate appropriate rules for the administration of the program for the certification of organic agricultural products, including:

1.  Standards for the analysis, inspection, and certification of the organic agricultural products;

2.  Records required of producers and handlers of organic agricultural products;

3.  Standards for the certification of producers and handlers of organic agricultural products;

4.  Lists of approved and prohibited substances for use in the production and handling of organic agricultural products; and

5.  A schedule of fees for initial certification and inspection for continued certification as a producer or handler of organic agricultural products.

C.  The Board is authorized to inspect, sample, analyze, examine records, and test any product claimed to be organically grown or distributed within the state to determine if the product is in compliance with the Oklahoma Organic Food Act.  The Board has the authority to enter upon public or private property at any reasonable time for the purpose of administering the Oklahoma Organic Food Act.  Any certified operation or applicant for a Certificate of Organic Production shall be deemed to have given consent to any authorized agent of the Board to access, enter, inspect, or monitor the property.  Refusal to allow access, entry, or inspection shall constitute grounds for the denial, nonrenewal, suspension, or revocation of certification.

D.  The Board shall require laboratory analysis of a product claimed to be organically grown if it has reasonable cause to suspect the product may contain a substance not approved for organic production.

E.  All new applicants are required to have their soil-growing media and irrigation water, if not municipal, assayed for the presence of pesticide residues.

F.  Verification documents that may be required include, but are not limited to, questionnaires, farm plans, affidavits, inspection reports, laboratory assays, and other documents to verify the path taken by an organic food product through post-harvest handling and distribution.

G.  The Board may conduct audits of all documents for verification that producers meet the requirements of the Oklahoma Organic Food Act and rules.

H.  The Board is authorized to promulgate rules as necessary to administer the Oklahoma Organic Food Act and establish certification standards to carry out the Oklahoma Organic Food Act.

I.  The Board is authorized to revoke, suspend, or not renew any license upon satisfactory proof that the permittee has violated any of the provisions of the Oklahoma Organic Food Act or rules promulgated pursuant thereto.

Added by Laws 1989, c. 317, § 4, operative July 1, 1989.  Amended by Laws 2000, c. 243, § 79, emerg. eff. May 24, 2000; Laws 2003, c. 242, § 3, emerg. eff. May 23, 2003.

§2-5-305.  Repealed by Laws 2003, c. 242, § 10, emerg. eff. May 23, 2003.

§2-5-306.  Repealed by Laws 2003, c. 242, § 10, emerg. eff. May 23, 2003.

§2-5-307.  False representation as organic product - Stop-sale orders - Fines and penalties.

A.  A person shall not sell, offer for sale, label, or advertise an agricultural product with the representation that it is organic if the person knows or has reason to know that it has not been certified pursuant to the Oklahoma Organic Food Act or the Organic Food Production Act of 1990, as amended, 7 U.S.C., Section 6501 et seq. and the rules and regulations promulgated pursuant thereto.

B.  The State Board of Agriculture is authorized to issue a written or printed "stop-sale" or "notice of violation" order to the owner or custodian of a product being labeled, advertised or offered or exposed for sale in violation of the Oklahoma Organic Food Act or rules promulgated pursuant thereto.

C.  Any person violating the provisions of the Oklahoma Organic Food Act or rules promulgated pursuant thereto may be:

1.  Assessed an administrative fine as specified in Section 2-18 of this title; and

2.  Deemed guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine of not more than One Thousand Dollars ($1,000.00).

D.  Each day a violation continues shall be a separate offense.

Added by Laws 1989, c. 317, § 7, operative July 1, 1989.  Amended by Laws 2000, c. 243, § 82, emerg. eff. May 24, 2000; Laws 2003, c. 242, § 4, emerg. eff. May 23, 2003.

§2-6-1.  State Veterinarian.

The State Veterinarian shall be the holder of a current license to practice veterinary medicine in Oklahoma, and shall be appointed by the State Board of Agriculture.  The Board shall fix the compensation and duties of the State Veterinarian.

Added by Laws 1955, p. 41, art. 6(A), § 1.  Amended by Laws 2000, c. 367, § 30, emerg. eff. June 6, 2000.

§2-6-2.  Official livestock and poultry disease control agency.

The State Board of Agriculture shall be the official livestock and poultry disease control agency of the State of Oklahoma.  The Board shall have authority to promulgate and enforce rules governing the handling, sale, and use of vaccines, antigens, and other biological products used in connection with livestock or poultry.

Added by Laws 1955, p. 42, art. 6(A), § 2.  Amended by Laws 2000, c. 367, § 31, emerg. eff. June 6, 2000.

§2-6-3.  Destruction of diseased livestock - Appraisal - Payment.

A.  The State Veterinarian may determine that any livestock is infected with or has been exposed to any disease posing a threat to the livestock population of the state.

B.  The State Veterinarian may cause the livestock to be destroyed or disposed of in a manner designed to protect the health of other livestock.  Destroyed or disposed of livestock shall be appraised by an individual selected by the State Veterinarian and the owner of the livestock.  The owner of the livestock destroyed or disposed of shall be entitled to be paid the amount of indemnity approved by the State Board of Agriculture from designated funds.

Added by Laws 1955, p. 42, art. 6(A), § 3.  Amended by Laws 2000, c. 367, § 32, emerg. eff. June 6, 2000.

§2-6-4.  Disinfecting of livestock and places - Cost - Liens.

A.  If the State Veterinarian determines that any livestock is infected with or has been exposed to any contagious or infectious disease, the owner or person in control of the livestock may be directed by the State Veterinarian or any authorized agent thereof, to disinfect any livestock or any place the livestock has been in a specific time and manner.  If the livestock or place is not disinfected within the time specified, the State Veterinarian or authorized agent shall have the authority to have the livestock or place disinfected.  The owner or person in control of the livestock shall be obligated to pay to the State Department of Agriculture all expenses incurred in having the livestock or place disinfected.  The State Board of Agriculture shall have the authority to place a lien upon the livestock or place until the expense is paid.

B.  The livestock or place shall not be removed or change ownership without permission of the State Veterinarian.  When the expense is paid, it shall be deposited in the State Department of Agriculture Revolving Fund.

C.  The term "place", as used in this section, shall include but not be limited to any premises or mode of transportation.

Added by Laws 1955, p. 42, art. 6(A), § 4, emerg. eff. June 3, 1955.  Amended by Laws 1996, c. 138, § 3, emerg. eff. May 1, 1996; Laws 2000, c. 367, § 33, emerg. eff. June 6, 2000.

§2-6-21.  Definitions.

For the purpose of this subarticle, "garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of foods, including fish, poultry, or animal carcasses or parts.

Added by Laws 1955, p. 42, art. 6(B), § 1.  Amended by Laws 2000, c. 367, § 34, emerg. eff. June 6, 2000.

§2-6-22.  Permits - Applications and expiration - Refusal or revocation.

A.  No person shall feed garbage to swine unless a permit has been obtained from the State Veterinarian.  Applications for permits shall be on a form prescribed by the State Veterinarian.  Each permit shall be renewed annually and shall expire on a date specified by the Board.

B.  The State Veterinarian may refuse to renew or may suspend any permit, and the Board may revoke any permit that has been issued, if the applicant or the holder of the permit has violated or failed to comply with any of the provisions of this subarticle or any rule of the Board.

C.  No permit shall be issued for garbage feeding under the provisions of this subarticle, or be effective, in any county, municipality or other place where local laws or regulations prohibit garbage feeding.

Added by Laws 1955, p. 42, art. 6(B), § 2.  Amended by Laws 2000, c. 367, § 35, emerg. eff. June 6, 2000.

§2-6-23.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-24.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-25.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-26.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-27.  Exemptions of certain feedings.

The provisions of this subarticle shall not apply to:

1.  Any individual who feeds only household garbage of the individual to the swine of the individual; or

2.  Any institution which feeds only its own garbage to swine which are raised for the institution's own use.

Added by Laws 1955, p. 43, art. 6(B), § 7.  Amended by Laws 2000, c. 367, § 36, emerg. eff. June 6, 2000.

§2-6-28.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-91.  Formulation of control and eradication program.

A program for the control and eradication of brucellosis among livestock of the State of Oklahoma shall be maintained by the State Board of Agriculture.  The program shall be composed of a plan or combination of plans adopted or recommended by the United States Department of Agriculture and approved by the Board.

Added by Laws 1955, p. 47, art. 6(E), § 1.  Amended by Laws 2000, c. 367, § 37, emerg. eff. June 6, 2000.

§2-6-92.  Official test.

A.  The official test for brucellosis shall be any serologic or bacteriologic test recognized by and listed in the United States Department of Agriculture Uniform Methods and Rules of Brucellosis Eradication or listed in the Code of Federal Regulations.  An official test must be conducted at a laboratory approved for brucellosis testing by the State Board of Agriculture and the United States Department of Agriculture.

B.  The blood sample for brucellosis tests shall be drawn by a person approved by the Board.  Accredited veterinarians licensed to practice in this state may be granted a certificate by the State Veterinarian to conduct brucellosis tests at approved livestock market laboratories.

C.  All blood tests shall be confirmed by samples tested at the laboratory approved for official testing by the Board and the United States Department of Agriculture.

Added by Laws 1955, p. 47, art. 6(E), § 2, emerg. eff. June 3, 1955.  Amended by Laws 1961, p. 5, § 1; Laws 1996, c. 138, § 4, emerg. eff. May 1, 1996; Laws 2000, c. 367, § 38, emerg. eff. June 6, 2000.

§2-6-93.  Tagging of animals from which blood samples are drawn - Reports - Removal of tags - Packing plant responsibilities.

A.  Whenever any blood sample is drawn for the purpose of testing for brucellosis, the person drawing the blood sample shall ensure the fastening of an official metal tag, approved by the State Veterinarian and imprinted with a distinctive number, to the right ear of the animal from which blood is drawn.  If an official ear tag is already fastened to the right ear, the number imprinted shall be recorded instead of inserting a new tag.

B.  The person shall submit with the blood sample a written report to the State Veterinarian.  The report shall be signed by the person drawing the sample and shall be on a form prescribed by the State Veterinarian.  The report shall show the number on the tag fastened to the tested animal's ear and descriptive markings of the animal, or herd tattoo, if the tested animal is a registered animal.

C.  It shall not be necessary to ear tag any registered animal if the herd tattoo of each animal is shown on the report.

D.  The removal of the identifying metal ear tag from the animal's ear without prior authorization from the State Veterinarian shall be a violation of the Oklahoma Agricultural Code.

E.  Each packing plant in this state shall collect and identify a blood sample with all identification tags from each bovine animal showing the presence of the first pair of central incisors.

Added by Laws 1955, p. 47, art. 6(E), § 3.  Amended by Laws 1979, c. 87, § 1; Laws 2000, c. 367, § 39, emerg. eff. June 6, 2000.

§2-6-94.  Positive reactions - Permanent branding of animal - Tagging - Removal of permanent mark or brand.

A.  The owner of exposed animals or reactors shall present the animals for branding or tagging within fifteen (15) days after receiving notice of reaction or exposure.  The failure of an owner to comply with the requirements of this subsection shall be deemed a misdemeanor.

B.  The removal of any permanent mark or brand, including metal ear tags, from any animal with a reportable disease or those classified as diseased in a herd being depopulated, without prior authorization from the State Veterinarian, shall be deemed a felony.

Added by Laws 1955, p. 47, art. 6(E), § 4, emerg. eff. June 3, 1955.  Amended by Laws 1967, c. 393, § 4, emerg. eff. May 23, 1967; Laws 1974, c. 77, § 1, emerg. eff. April 19, 1974; Laws 1976, c. 107, § 1, emerg. eff. May 12, 1976; Laws 1979, c. 87, § 2; Laws 1996, c. 138, § 5, emerg. eff. May 1, 1996; Laws 1997, c. 133, § 85, eff. July 1, 1999; Laws 2000, c. 367, § 40, emerg. eff. June 6, 2000.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 85 from July 1, 1998, to July 1, 1999.

§2-6-95.  Brucellosis Milk Surveillance test.

The Brucellosis Milk Surveillance test made with whole milk or cream and an approved antigen, in a manner and by a person approved by the United States Department of Agriculture and the State Board of Agriculture, may be used to indicate the possibility of the presence of reactors in the herd from which the milk or cream samples were taken.  If the test indicates that reactors may be present in a herd, the State Veterinarian shall have the authority to conduct an official test of the herd in order to identify the reactors.

Added by Laws 1955, p. 47, art. 6(E), § 5, emerg. eff. June 3, 1955.  Amended by Laws 1996, c. 138, § 6, emerg. eff. May 1, 1996; Laws 2000, c. 367, § 41, emerg. eff. June 6, 2000.

§2-6-96.  Officially vaccinated animals - Identification.

Officially vaccinated animals shall have been inoculated with a vaccine approved by the United States Department of Agriculture and the State Board of Agriculture in a manner and by a person approved by the Board.  The inoculation shall be made between ages specified by the Board.  Animals vaccinated shall be properly identified with a tattoo and individual identification as prescribed by the Board.

Added by Laws 1955, p. 48, art. 6(E), § 6.  Amended by Laws 1980, c. 42, § 1, emerg. eff. March 26, 1980; Laws 2000, c. 367, § 41, emerg. eff. June 6, 2000.

§2-6-97.  Biological products containing Brucella organisms.

It shall be unlawful for any person to sell, furnish, give away, or supply any biological product containing Brucella organisms for use in this state except to persons, firms, or agencies approved in writing by the State Veterinarian.

Added by Laws 1955, p. 48, art. 6(E), § 7.  Amended by Laws 2000, c. 367, § 43, emerg. eff. June 6, 2000.

§2-6-98.  Repealed by Laws 1996, c. 138, § 8, emerg. eff. May 1, 1996.

§2-6-99.  Quarantine of livestock infected with brucellosis - Disposition.

All livestock declared to be infected with brucellosis shall be immediately quarantined and shall be disposed of only as prescribed in the approved plan.  Prior to movement or change of ownership, plans for disposition of infected animals shall be made and reported to the State Veterinarian.

Added by Laws 1955, p. 48, art. 6(E), § 9.  Amended by Laws 2000, c. 367, § 44, emerg. eff. June 6, 2000.

§2-6-100.  State as eradication area - Livestock owner responsibilities - Indemnity payments.

A.  The State of Oklahoma is hereby declared a brucellosis eradication area.  The State Board of Agriculture shall institute a program of eradication as prescribed in the approved plan as the funds become available in order for the state to qualify as a certified free area.

B.  Each owner of livestock shall comply with the requirements of the plan.  A licensed, accredited veterinarian or authorized agent of the Board shall perform all tests on livestock for brucellosis.  The owner or person in control of the livestock shall render assistance in restraining the animals as the State Veterinarian or a representative of the State Veterinarian deems necessary.  Any owner or caretaker who neglects or refuses to present the livestock for testing or refuses or neglects to assist in restraining them, upon conviction thereof, shall be guilty of a misdemeanor.

C.  The State Veterinarian or representative authorized to test the livestock may file a complaint with the district attorney who shall immediately notify the offending party either by certified mail, personal service, posting a notice on the premises, or publication that the person will have an additional ten (10) days to comply with the requirements.  If the party fails to comply, the sheriff of the county shall gather the livestock for testing.  The owner shall pay all fees and costs incurred in gathering the livestock into the county general fund, to be reappropriated to the county sheriff's office.

D.  An indemnity payment in an amount approved by the United States Department of Agriculture and the Board shall be made on each reactor upon proof of slaughter.  The Board shall pay any owner of cattle destroyed because of brucellosis an indemnity of not more than Fifty Dollars ($50.00) for each animal, provided the animal qualifies for an indemnity payment pursuant to official state or federal brucellosis regulations, and the state monies will be in addition to any indemnity payments by the United States Department of Agriculture.  The indemnity payments shall be made from funds made available by the United States Department of Agriculture or the Board within the limits of availability.  The state indemnity shall not be paid unless the owner of the cattle is in compliance with rules of the Board pertaining to an approved plan.

Added by Laws 1955, p. 48, art. 6(E), § 10.  Amended by Laws 1965, c. 470, § 2; Laws 1967, c. 393, § 5, emerg. eff. May 23, 1967; Laws 1981, c. 13, § 1, eff. July 1, 1981; Laws 1983, c. 64, § 1, emerg. eff. April 29, 1983; Laws 1984, c. 19, § 1, emerg. eff. March 20, 1984; Laws 2000, c. 367, § 45, emerg. eff. June 6, 2000.

§2-6-101.  Certification of brucellosis-free herds and counties.

The certification of brucellosis-free herds and brucellosis-free counties or areas shall be made as prescribed by the United States Department of Agriculture and approved by the State Veterinarian.

Added by Laws 1955, p. 48, art. 6(E), § 11.  Amended by Laws 2000, c. 367, § 46, emerg. eff. June 6, 2000.

§2-6-102.  Sale of bovine animals or removal from markets - Compliance records.

A.  It shall be unlawful for any person, company, firm, corporation, livestock market, concentration yard, or livestock auction, to sell animals or to remove animals from markets unless the animals are in compliance with rules promulgated by the State Board of Agriculture.

B.  Animals that are sold prior to testing shall revert to the seller without obligation to the purchasers if the animals are reactors, and all expenses incurred in testing shall be paid by the seller.

C.  A record of compliance shall be on a form approved by the State Veterinarian.

Added by Laws 1955, p. 48, art. 6(E), § 12.  Amended by Laws 1963, c. 291, § 1; Laws 1967, c. 393, § 6, emerg. eff. May 23, 1967; Laws 1974, c. 46, § 1, emerg. eff. April 13, 1974; Laws 1976, c. 107, § 2, emerg. eff. May 12, 1976; Laws 1979, c. 87, § 3; Laws 1980, c. 42, § 2, emerg. eff. Mar. 26, 1980; Laws 2000, c. 367, § 47, emerg. eff. June 6, 2000.

§2-6-103.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-104.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-105.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-106.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-121.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-122.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-123.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-124.  Livestock infected or exposed - Order of quarantine - Notice - Waiving of quarantine.

A.  Whenever it is determined by the State Board of Agriculture or the State Veterinarian that livestock in any area of the State of Oklahoma is, has been, or is likely to be infected with an infectious or contagious disease, or has been exposed due to importation of livestock from another state or from another area in the State of Oklahoma, or for any other reason, the President of the Board, an authorized agent, or the State Veterinarian shall issue an order of quarantine showing the area and the conditions of the  

quarantine.  Notice of the quarantine order shall be given by one of the following methods:

1.  In person by an authorized agent of the Board; or

2.  By certified mail; or

3.  By publication in a legal newspaper of general circulation in one or more counties in which the areas are situated; or

4.  By a sign or signs posted in or around the quarantined area.

B.  It shall be illegal to remove any sign or notice posted to a quarantine area or premise and removal shall be only by the State Veterinarian or an authorized agent.

C.  The issuance of a quarantine may be waived if the Board or the State Veterinarian enters into a formal cooperative agreement with the affected party that will control and eradicate the disease condition.

Added by Laws 1955, p. 49, art. 6(F), § 4.  Amended by Laws 1967, c. 393, § 2, emerg. eff. May 23, 1967; Laws 1992, c. 296, § 3, emerg. eff. May 26, 1992; Laws 2000, c. 367, § 48, emerg. eff. June 6, 2000.

§2-6-125.  Moving of livestock in or out of quarantine area - Penalties.

It shall be unlawful and a misdemeanor for any person to remove, change the location of, or to bring into or to take out of any place or area that has been quarantined, any livestock covered by the order of quarantine or to violate any of the conditions of the quarantine.  If the aggregate value of the quarantined livestock is in excess of One Thousand Dollars ($1,000.00), then the person shall, upon conviction, be guilty of a felony.

Added by Laws 1955, p. 49, art. 6(F), § 5, emerg. eff. June 3, 1955.  Amended by Laws 1997, c. 133, § 86, eff. July 1, 1999; Laws 2000, c. 367, § 49, emerg. eff. June 6, 2000.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 86 from July 1, 1998, to July 1, 1999.

§2-6-126.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-131.  Short title.

This act shall be known and may be cited as the "Foreign Animal Diseases Act".

Added by Laws 1996, c. 75, § 1, eff. July 1, 1996.

§2-6-132.  Definitions.

As used in the Foreign Animal Diseases Act "foreign animal disease" means any condition of livestock or animals meeting the criteria for a foreign animal disease by the United States Department of Agriculture.

Added by Laws 1996, c. 75, § 2, eff. July 1, 1996.  Amended by Laws 2000, c. 367, § 50, emerg. eff. June 6, 2000.

§2-6-133.  Eradication and control program.

The State Board of Agriculture shall formulate and maintain a program to assist in the eradication and control of any foreign animal disease.  The program shall be implemented only in the event there is evidence that a foreign animal disease may affect any livestock or animals of this state.  The program shall be based upon an approved plan composed of a plan or combination of plans adopted or recommended by the State Veterinarian and the United States Department of Agriculture, Animal and Plant Health Inspection Service and approved by the Board.

Added by Laws 1996, c. 75, § 3, eff. July 1, 1996.

§2-6-134.  Quarantine.

If the State Board of Agriculture or any authorized agent thereof determines any animal or livestock in any area is or might be infected with any foreign animal disease, a quarantine may be declared by the Board.  The quarantine shall show the area quarantined and the conditions of the quarantine.  Notice of the quarantine shall be given in person by an authorized agent, by certified mail, by a sign or signs posted in or around the quarantined area, or by publication in a legal newspaper of general circulation in one or more counties in which the area may be situated.  It shall be illegal to remove any sign or notice posted to a quarantined area or premises unless removed by the State Veterinarian or an authorized agent.

Added by Laws 1996, c. 75, § 4, eff. July 1, 1996.  Amended by Laws 2000, c. 367, § 51, emerg. eff. June 6, 2000.

§2-6-135.  Restrictions on biological products.

No biological products, including but not limited to antigens, used to immunize, test, or treat livestock or animals for foreign animal diseases shall be manufactured, produced, transported, distributed, sold, offered for sale, or possessed in this state unless the biological product has been licensed or permitted by the United States Department of Agriculture, and approved by the State Veterinarian.  Biological products shall be administered or used only by those persons approved by the State Veterinarian.

Added by Laws 1996, c. 75, § 5, eff. July 1, 1996.  Amended by Laws 2000, c. 367, § 52, emerg. eff. June 6, 2000.

§2-6-136.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-137.  Repealed by Laws 2000, c. 367, § 136, emerg. eff. June 6, 2000.

§2-6-141.  Branding and tagging of tubercular cattle.

All livestock or animals found to be affected with tuberculosis, either by tuberculin test or physical examination by a veterinarian, shall be branded immediately on the tailhead in capital form with the Roman letter "T", at least two (2) inches in width and three (3) inches in length, have a designated metal tag affixed to the left ear, and shall be considered affected with tuberculosis.  The owner or owners of tuberculosisaffected animals shall permit any authorized agent or representative of the State Board of Agriculture or the United States Department of Agriculture or accredited veterinarian to brand and tag all affected animals.

Added by Laws 1955, p. 50, art. 6(G), § 1, emerg. eff. June 3, 1955.  Amended by Laws 1996, c. 138, § 7, emerg. eff. May 1, 1996; Laws 2000, c. 367, § 53, emerg. eff. June 6, 2000.

§2-6-142.