2013 Oklahoma Statutes
Title 2 - Agriculture


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<html> <head> <STYLE type="text/css"> body {padding-left:90pt;width:612pt} p {margin-top:0pt;margin-bottom:0pt} .cls13 {font-family:'Courier New', monospace;} .cls14 {font-size:12pt;} .cls0 {font-size:12pt;font-family:'Courier New', monospace;} .cls3 {margin-left:100pt;} .cls11 {margin-left:115pt;} .cls5 {margin-left:136pt;} .cls24 {margin-left:165pt;} .cls8 {margin-left:172pt;} .cls16 {margin-left:28pt;} .cls23 {margin-left:36pt;} .cls21 {margin-left:36pt;margin-right:36pt;} .cls17 {margin-left:64pt;} .cls15 {margin-left:65pt;} .cls4 {margin-left:72pt;} .cls7 {margin-left:93pt;} .cls20 {margin-left:94pt;} .cls18 {margin-left:99pt;} .cls9 {margin-right:-13pt;} .cls12 {margin-right:-1pt;} .cls10 {margin-right:-7pt;} .cls1 {margin-right:10pt;} .cls6 {margin-right:4pt;} .cls19 {margin-right:8pt;} .cls22 {text-align:center;} .cls2 {text-align:justify;} </STYLE> <title>&sect;2 1 1</title> </head> <body> <p><span class="cls0">&sect;211. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known as the Oklahoma Agricultural Code.&nbsp;</span></p> <p><span class="cls0">Laws 1970, c. 260, &sect; 19, emerg. eff. April 22, 1970. EC=1&gt;&nbsp;</span></p> <p><span class="cls0">&sect;2-1-2. State Department of Agriculture - Establishment - Composition.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 1, art. 1, &sect; 1, emerg. eff. June 3, 1955. Amended by Laws 2000, c. 243, &sect; 1, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-1-3. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of the Oklahoma Agricultural Code, unless the context indicates otherwise:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Authorized agent&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Board&rdquo; means the State Board of Agriculture;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Code&rdquo; means the Oklahoma Agricultural Code;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Department&rdquo; means the Oklahoma Department of Agriculture, Food, and Forestry and its employees, officers, and divisions. Whenever the name &ldquo;Department of Agriculture&rdquo; appears in any law, contract or other document, it shall be deemed to refer to the Oklahoma Department of Agriculture, Food, and Forestry;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Director&rdquo; means the Director of a division established in the Oklahoma Department of Agriculture, Food, and Forestry;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;License&rdquo; means a written document issued by the Board granting authority to a person to engage in a business, occupation, or activity;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Livestock&rdquo; or &ldquo;animals&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Permit&rdquo; means a written document issued by the Board giving consent for a person to engage in an activity;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Person&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;President&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">11. &ldquo;Producer&rdquo; means any person planting, raising, growing, or harvesting agricultural products;&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Quarantine&rdquo; 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&nbsp;</span></p> <p class="cls1"><span class="cls0">13. &ldquo;Stop sale order&rdquo; or &ldquo;stop use order&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 1, art. 1, &sect; 3, emerg. eff. June 3, 1955. Amended by Laws 1965, c. 177, &sect; 1; Laws 1972, c. 89, &sect; 1, emerg. eff. March 28, 1972; Laws 1992, c. 296, &sect; 1, emerg. eff. May 26, 1992; Laws 1996, c. 138, &sect; 1, emerg. eff. May 1, 1996; Laws 2000, c. 243, &sect; 2, emerg. eff. May 24, 2000; Laws 2002, c. 173, &sect; 2, emerg. eff. May 6, 2002; Laws 2003, c. 3, &sect; 1, emerg. eff. March 19, 2003; Laws 2005, c. 292, &sect; 1, eff. July 1, 2005.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2002, c. 187, &sect; 1 repealed by Laws 2003, c. 3, &sect; 2, emerg. eff. March 19, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-1-4. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-1. Membership - Appointment and qualifications - Vacancies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The members shall be farmers who have:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;at least five (5) years practical experience during the ten (10) years immediately preceding their appointment, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;lived on and operated a farm after reaching the age of twentyone (21) years.&nbsp;</span></p> <p><span class="cls0">B. For the purpose of appointments to the Board, four agricultural districts are hereby created and shall consist of the following counties:&nbsp;</span></p> <p><span class="cls0">DISTRICT&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;COUNTIES&nbsp;</span></p> <p><span class="cls0">NO.&nbsp;</span></p> <p class="cls4"><span class="cls0">1.........Atoka, Bryan, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, LeFlore, Marshall, McCurtain, McIntosh, Muskogee, Okfuskee, Okmulgee, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Seminole and Sequoyah.&nbsp;</span></p> <p class="cls4"><span class="cls0">2.........Adair, Cherokee, Craig, Creek, Delaware, Kay, Lincoln, Logan, Mayes, Noble, Nowata, Oklahoma, Osage, Ottawa, Pawnee, Payne, Rogers, Tulsa, Wagoner and Washington.&nbsp;</span></p> <p class="cls4"><span class="cls0">3.........Alfalfa, Beaver, Blaine, Cimarron, Custer, Dewey, Ellis, Garfield, Grant, Harper, Kingfisher, Major, Roger Mills, Texas, Woods and Woodward.&nbsp;</span></p> <p class="cls4"><span class="cls0">4.........Beckham, Caddo, Canadian, Carter, Cleveland, Comanche, Cotton, Garvin, Grady, Greer, Harmon, Jackson, Jefferson, Kiowa, Love, McClain, Murray, Stephens, Tillman and Washita.&nbsp;</span></p> <p><span class="cls0">C. One member of the Board shall be appointed from each district.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the board member position currently representing District 5 shall represent the new District 1,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the board member position currently representing District 2 shall represent the new District 2,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;the board member position currently representing District 1 shall represent the new District 3, and&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;the board member position currently representing District 4 shall represent the new District 4.&nbsp;</span></p> <p><span class="cls0">2. The board member position currently serving District 3 shall be terminated.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 2, art. 2, &sect; 1, emerg. eff. June 3, 1955. Amended by Laws 1965, c. 480, &sect; 1, emerg. eff. July 14, 1965; Laws 2000, c. 243, &sect; 3, emerg. eff. May 24, 2000; Laws 2003, c. 242, &sect; 8, emerg. eff. May 23, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-2. Compensation - Meetings.&nbsp;</span></p> <p><span class="cls0">Members of the State Board of Agriculture shall receive actual expenses of travel pursuant to the State Travel Reimbursement Act. The Board shall meet a minimum of eight (8) times per year in regular session but not more than six (6) days in any calendar month. Special meetings of the Board may be held at the time and place as set by the President or at the time and place petitioned for by three members of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 2, art. 2, &sect; 2, emerg. eff. June 3, 1955. Amended by Laws 1977, c. 241, &sect; 1; Laws 1985, c. 178, &sect; 1, operative July 1, 1985; Laws 2000, c. 243, &sect; 4, emerg. eff. May 24, 2000; Laws 2012, c. 7, &sect; 1, emerg. eff. April 2, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 133, &sect; 1 repealed by Laws 2013, c. 15, &sect; 1, emerg. eff. April 8, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-3. Officers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 2, art. 2, &sect; 3, emerg. eff. June 3, 1955. Amended by Laws 2000, c. 243, &sect; 5, emerg. eff. May 24, 2000; Laws 2003, c. 242, &sect; 9, emerg. eff. May 23, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-4. Powers of Board.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Agriculture shall have the power to:&nbsp;</span></p> <p><span class="cls0">1. Adopt and prescribe the use of a seal, which shall be in the custody of the Secretary of the Board;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Initiate and prosecute administrative, civil, or criminal actions and proceedings necessary under the Oklahoma Agricultural Code;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Sell, exchange, or dispose of property;&nbsp;</span></p> <p><span class="cls0">7. Have jurisdiction over all matters affecting animal industry, animal health, and animal quarantine;&nbsp;</span></p> <p><span class="cls0">8. Issue stop-sale and stop-use orders and quarantines;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">10. Fix the qualifications of the personnel in the Department;&nbsp;</span></p> <p><span class="cls0">11. Accept and use grants of money and other property from any source;&nbsp;</span></p> <p><span class="cls0">12. Advise, consult, cooperate, and enter into agreements or contracts with persons as defined in the Oklahoma Agricultural Code;&nbsp;</span></p> <p><span class="cls0">13. Coordinate with the federal government and other states on matters pertaining to agriculture;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;The Department of Environmental Quality shall have environmental jurisdiction over:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;slaughterhouses, but not including feedlots at these facilities, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">17. Have jurisdiction over all matters affecting the importation, health, and quarantining of exotic livestock;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">22. Fix and adopt official standards for grading and classifying any agricultural commodity, meat, or meat product prepared, produced, or distributed in Oklahoma;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">29. Exercise all incidental powers which are necessary and proper to implement and administer the purposes of the Oklahoma Agricultural Code;&nbsp;</span></p> <p><span class="cls0">30. Accept upon behalf of the Department any gift or donation of property, including but not limited to monetary gifts;&nbsp;</span></p> <p><span class="cls0">31. Promulgate rules regarding prescribed burning and smoke management;&nbsp;</span></p> <p><span class="cls0">32. Enter into written leases or lease-purchase agreements to acquire equipment, furnishings, supplies and other items necessary for the operation of the Oklahoma Department of Agriculture, Food, and Forestry Agriculture Laboratory; and&nbsp;</span></p> <p><span class="cls0">33. Exercise all incidental powers and promulgate rules, procedures and forms which are necessary and proper to implement, administer and enforce the Oklahoma Scrap Metal Dealers Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 2, art. 2, &sect; 4, emerg. eff. June 3, 1955. Amended by Laws 1965, c. 389, &sect; 1; Laws 1967, c. 253, &sect; 1, emerg. eff. May 8, 1967; Laws 1993, c. 145, &sect; 246, eff. July 1, 1993; Laws 1993, c. 324, &sect; 43, eff. July 1, 1993; Laws 1994, c. 140, &sect; 25, eff. Sept. 1, 1994; Laws 1996, c. 7, &sect; 1, emerg. eff. March 19, 1996; Laws 1999, c. 413, &sect; 10, eff. Nov. 1, 1999; Laws 2000, c. 243, &sect; 6, emerg. eff. May 24, 2000; Laws 2001, c. 430, &sect; 2, eff. Nov. 1, 2001; Laws 2002, c. 173, &sect; 3, emerg. eff. May 6, 2002; Laws 2004, c. 100, &sect; 1, eff. July 1, 2004; Laws 2007, c. 157, &sect; 1, eff. Nov. 1, 2007; Laws 2008, c. 368, &sect; 3, eff. July 1, 2008; Laws 2013, c. 230, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-4a. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-4b. Reciprocal agreements.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner of the State Department of Agriculture may enter into reciprocal agreements with:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 430, &sect; 1, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-4c. Livestock policy implementation &ndash; Restriction on local orders, ordinances, and regulations.&nbsp;</span></p> <p><span class="cls0">A. Except as may otherwise be provided by law, the Oklahoma Department of Agriculture, Food, and Forestry shall be the state entity empowered to implement the policy of the state regarding the care and handling of livestock in this state.&nbsp;</span></p> <p><span class="cls0">B. No municipality, county, or other political subdivision of this state shall enact or enforce any order, ordinance, or regulation concerning the care and handling of livestock within its jurisdiction that is more restrictive than rules promulgated by the Oklahoma Department of Agriculture, Food, and Forestry concerning the care and handling of livestock or Section 1685 of Title 21 of the Oklahoma Statutes. Ordinances or regulations by municipalities pertaining to land use or to human health or safety shall not be considered to constitute livestock care and handling.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 180, &sect; 1, emerg. eff. May 12, 2009.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-5. Official agency.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 3, art. 2, &sect; 5. Amended by Laws 1993, c. 145, &sect; 247, eff. July 1, 1993; Laws 2000, c. 243, &sect; 7, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-6. Advisory or consulting committees - Appointment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 3, art. 2, &sect; 6. Amended by Laws 2000, c. 243, &sect; 8, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-7. Records and files as evidence &ndash; Enforcement of penalties and fines.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 3, art. 2, &sect; 7, emerg. eff. June 3, 1955. Amended by Laws 2000, c. 243, &sect; 9, emerg. eff. May 24, 2000; Laws 2004, c. 60, &sect;1, emerg. eff. April 6, 2004.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-8. Certified copies as evidence.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 4, art. 2, &sect; 8. Amended by Laws 2000, c. 243, &sect; 10, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-9. Cooperative contracts and agreements - Grading, sampling or inspection - Fees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 4, art. 2, &sect; 9. Amended by Laws 2000, c. 243, &sect; 11, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-10. Department of Agriculture Revolving Fund - Disbursements - Claims.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 4, art. 2, &sect; 10. Amended by Laws 1965, c. 380, &sect; 1, emerg. eff. June 29, 1965; Laws 1977, c. 251, &sect; 7, emerg. eff. July 15, 1977; Laws 2000, c. 243, &sect; 12, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-11a. Renumbered as &sect; 5-9 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-11b. Renumbered as &sect; 5-10 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-11c. Renumbered as &sect; 5-11 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-12. Unpaid checks - Uncollectable debts.&nbsp;</span></p> <p><span class="cls0">A. For accounting purposes only, when any check has been received by the State Board of Agriculture, or the State Department of Agriculture, Food, and Forestry, 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.&nbsp;</span></p> <p><span class="cls0">B. If all appropriate collection remedies have been exhausted in the collection of any debt owed to the Department, the debt shall be considered uncollectable. A list of all uncollectable debts and persons who owed the debts, shall be reported to the Oklahoma Legislature, the Office of Management and Enterprise Services, and the Oklahoma Tax Commission no later than May 1 of each calendar year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 4, art. 2, &sect; 12, emerg. eff. June 3, 1955. Amended by Laws 2000, c. 243, &sect; 16, emerg. eff. May 24, 2000; Laws 2010, c. 91, &sect; 1, eff. Nov. 1, 2010; Laws 2012, c. 304, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-13A. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-13B. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-14. Authority to enter - Proper actions - Warrants.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 236, &sect; 2, emerg. eff. June 17, 1965. Amended by Laws 2000, c. 243, &sect; 17, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-14.1. Seizure and forfeiture of property.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Department of Agriculture, Food, and Forestry may take into possession any vehicle, implement of husbandry, farming equipment or farm implement and any and all livestock, or any part thereof, killed, taken, shipped, or possessed in violation of any provision of the Oklahoma Agricultural Code.&nbsp;</span></p> <p><span class="cls0">B. In addition to the property described in subsection A of this section, the following property is also subject to forfeiture pursuant to this section:&nbsp;</span></p> <p><span class="cls0">1. Property used in the commission of theft of livestock or in any manner to facilitate the theft of livestock;&nbsp;</span></p> <p><span class="cls0">2. The proceeds gained from the commission of theft of livestock;&nbsp;</span></p> <p><span class="cls0">3. Personal property acquired with proceeds gained from the commission of theft of livestock;&nbsp;</span></p> <p><span class="cls0">4. All conveyances, including aircraft, vehicles or vessels, and horses or dogs which are used to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock;&nbsp;</span></p> <p><span class="cls0">5. Any items having a counterfeit mark;&nbsp;</span></p> <p><span class="cls0">6. Any weapon possessed, used or available for use in any manner during the commission of a theft of livestock within the State of Oklahoma; and&nbsp;</span></p> <p><span class="cls0">7. Any computer and its components and peripherals, including but not limited to the central processing unit, monitor, keyboard, printers, scanners, software, and hardware, when it is used in the commission of theft of livestock in this state.&nbsp;</span></p> <p><span class="cls0">C. The property may be held as evidence until a forfeiture has been declared or a release ordered. Forfeiture actions under this section may be brought in district court by the Office of General Counsel of the Oklahoma Department of Agriculture, Food, and Forestry as petitioner. At the request of the Commissioner of Agriculture, the district attorney in the county of venue shall bring a forfeiture action under this section. Provided, in the event the Department or the district attorney elects not to file an action, or fails to file an action within ninety (90) days of the date of the seizure of the equipment, the property shall be returned to the owner.&nbsp;</span></p> <p><span class="cls0">D. Notice of seizure and intended forfeiture proceeding shall be filed in the office of the clerk of the district court for the county where the property is seized and shall be given to all owners and parties in interest. Notice shall be given according to one of the following methods:&nbsp;</span></p> <p><span class="cls0">1. Upon each owner or party in interest whose right, title, or interest is of record in the Oklahoma Tax Commission or with the county clerk for filings under the Uniform Commercial Code, served in the manner of service of process in civil cases prescribed by Section 2004 of Title 12 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. Upon each owner or party in interest whose name and address is known, served in the manner of service of process in civil cases prescribed by Section 2004 of Title 12 of the Oklahoma Statutes; or&nbsp;</span></p> <p><span class="cls0">3. Upon all other owners, whose addresses are unknown, but who are believed to have an interest in the property by one publication in a newspaper of general circulation in the county where the seizure was made.&nbsp;</span></p> <p><span class="cls0">E. Within sixty (60) days after the mailing or publication of the notice, the owner of the property and any other party in interest or claimant may file a verified answer and claim to the property described in the notice of seizure and of the intended forfeiture proceeding.&nbsp;</span></p> <p><span class="cls0">F. If at the end of sixty (60) days after the notice has been mailed or published there is no verified answer on file, the district court shall hear evidence upon the fact of the unlawful use and may order the property forfeited to the state, if proven.&nbsp;</span></p> <p><span class="cls0">G. If a verified answer is filed, the forfeiture proceeding shall be set for hearing. At the hearing, the petitioner shall prove by a preponderance of the evidence that property was used in the attempt or commission of an act specified in subsection A of this section or is property described in subsection B of this section with knowledge by the owner of the property.&nbsp;</span></p> <p><span class="cls0">H. The claimant of any right, title, or interest in the property may prove the lien, mortgage, or conditional sales contract to be bona fide and that the right, title, or interest created by the document was created without any knowledge or reason to believe that the property was being, or was to be, used for the purpose charged.&nbsp;</span></p> <p><span class="cls0">I. In the event of such proof, the district court may order the property released to the bona fide or innocent owner, lienholder, mortgagee, or vendor if the amount due the person is equal to, or in excess of, the value of the property as of the date of the seizure, it being the intention of this section to forfeit only the right, title, or interest of the purchaser, except for items bearing a counterfeit mark or used exclusively to manufacture a counterfeit mark.&nbsp;</span></p> <p><span class="cls0">J. If the amount due to the person is less than the value of the property, or if no bona fide claim is established, the property may be forfeited to the state and may be sold pursuant to judgment of the court, as on sale upon execution, and as provided in Section 2-508 of Title 63 of the Oklahoma Statutes, except as otherwise provided for by law and for property bearing a counterfeit mark which shall be destroyed.&nbsp;</span></p> <p><span class="cls0">K. Property taken or detained pursuant to this section shall not be repleviable, but shall be deemed to be in the custody of the petitioner or in the custody of the law enforcement agency. Except for property required to be destroyed pursuant to the Trademark Anti-Counterfeiting Act, the petitioner shall release the property to the owner of the property if it is determined that the owner had no knowledge of the illegal use of the property or if there is insufficient evidence to sustain the burden of showing illegal use of the property. If the owner of the property stipulates to the forfeiture and waives the hearing, the petitioner may determine if the value of the property is equal to or less than the outstanding lien. If the lien exceeds the value of the property, the property may be released to the lien holder. Property which has not been released by the petitioner shall be subject to the orders and decrees of the court or the official having jurisdiction thereof.&nbsp;</span></p> <p><span class="cls0">L. The petitioner, or the law enforcement agency holding property, shall not be held civilly liable for having custody of the seized property or proceeding with a forfeiture action as provided for in this section.&nbsp;</span></p> <p><span class="cls0">M. Attorney fees shall not be assessed against the state or the petitioner for any actions or proceeding pursuant to this section.&nbsp;</span></p> <p><span class="cls0">N. The proceeds of the sale of any property shall be distributed as follows, in the order indicated:&nbsp;</span></p> <p><span class="cls0">1. To the bona fide or innocent purchaser, conditional sales vendor, or mortgagee of the property, if any, up to the amount of that person&rsquo;s interest in the property, when the court declaring the forfeiture orders a distribution to the person;&nbsp;</span></p> <p><span class="cls0">2. To the payment of the actual reasonable expenses of preserving the property; and&nbsp;</span></p> <p><span class="cls0">3. The balance shall be distributed as follows:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;two-thirds (2/3) of the amount to the Agriculture Evidence and Law Enforcement Fund, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;one-third (1/3) to the district attorney of the county wherein the property was seized for the victim-witness fund, a reward fund, or the evidence fund. If the petitioner is not the district attorney, then the one-third (1/3) which would have been designated to that office shall be distributed to the Agriculture Evidence and Law Enforcement Fund.&nbsp;</span></p> <p><span class="cls0">O. Monies distributed into the fund from forfeitures initiated under this section by the district attorney shall be limited to a balance of One Hundred Thousand Dollars ($100,000.00) at any one time. Any amount in excess of these figures shall be placed in the Agriculture Revolving Fund.&nbsp;</span></p> <p><span class="cls0">P. If the district court finds that the property was not used in the attempt or commission of an act specified in subsection A of this section and was not property subject to forfeiture pursuant to subsection B of this section and is not property bearing a counterfeit mark, the Board or the court shall order the property released to the owner as the right, title or interest appears on record in the Oklahoma Tax Commission as of the seizure.&nbsp;</span></p> <p><span class="cls0">Q. No vehicle, airplane, or vessel used by a person as a common carrier in the transaction of business as a common carrier shall be forfeited pursuant to the provisions of this section unless it is proven that the owner or other person in charge of the conveyance was a consenting party or privy to the attempt or commission of an act specified in subsection A or B of this section. No property shall be forfeited pursuant to the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the knowledge or consent of the owner, and by any person other than the owner while the property was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state.&nbsp;</span></p> <p><span class="cls0">R. Whenever any property is forfeited pursuant to this section, the district court having jurisdiction of the proceeding may order that the forfeited property may be retained for its official use by the Oklahoma Department of Agriculture, Food, and Forestry or by the district attorney.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 168, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-15. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-16. Duties of district attorney or Attorney General.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The Oklahoma Agricultural Code;&nbsp;</span></p> <p><span class="cls0">2. Any rule promulgated pursuant to the Oklahoma Agricultural Code; or&nbsp;</span></p> <p><span class="cls0">3. Any order, license, charter, registration, or permit issued pursuant to the Oklahoma Agricultural Code.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The district attorney of the appropriate district court of the State of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. The Attorney General on behalf of the State of Oklahoma; or&nbsp;</span></p> <p><span class="cls0">3. The Oklahoma Department of Agriculture, Food, and Forestry on behalf of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 236, &sect; 4, emerg. eff. June 17, 1965. Amended by Laws 2000, c. 243, &sect; 18, emerg. eff. May 24, 2000; Laws 2004, c. 60, &sect; 2, emerg. eff. April 6, 2004.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-17. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-17.1. False statements, etc. to Department &ndash; Rendering inaccurate any monitoring or measuring device &ndash; Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 60, &sect; 3, emerg. eff. April 6, 2004.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-17A. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-18. Notice - Hearings - Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 236, &sect; 6, emerg. eff. June 17, 1965. Amended by Laws 2000, c. 243, &sect; 19, emerg. eff. May 24, 2000; Laws 2004, c. 60, &sect; 4, emerg. eff. April 6, 2004.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-18.1. Pollution of air, land, or waters - Order to cease - Administrative penalty.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 this title. The person to whom the order is directed shall fully comply with the order of the Board and pay any fine and costs assessed.&nbsp;</span></p> <p><span class="cls0">C. 1. Manure shall not be defined as or be considered a hazardous substance or hazardous waste as those terms are defined by state law.&nbsp;</span></p> <p><span class="cls0">2. For purposes of this subsection, &ldquo;manure&rdquo; means any feces, urine, urea, or other excrement from livestock and shall also only include:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;associated nonhazardous bedding, compost, raw materials, or other nonhazardous materials commingled with the excrement,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;nonhazardous process water associated with the excrement or materials, or&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;nonhazardous byproducts, constituents, or substances contained in or originating from the excrement, materials, or process water.&nbsp;</span></p> <p><span class="cls0">3. This subsection shall not be construed to affect or limit the applicability of any other provision of the Oklahoma Agricultural Code.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 60, &sect; 5, emerg. eff. April 6, 2004. Amended by Laws 2007, c. 36, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-18.2. Oklahoma Department of Agriculture, Food, and Forestry - Official environmental regulatory agency.&nbsp;</span></p> <p><span class="cls0">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 obtain authorization 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 289, &sect; 2, emerg. eff. June 6, 1994. Amended by Laws 2004, c. 100, &sect; 3, eff. July 1, 2004. Renumbered from &sect; 1-3-103 of Title 27A by Laws 2004, c. 100, &sect; 4, eff. July 1, 2004. Amended by Laws 2006, c. 201, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 18.2 of this title to provide consistency in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-18.3. Survey of agriculture producers &ndash; Water quality issues.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Department of Agriculture, Food, and Forestry, in cooperation with the Oklahoma Conservation Commission and the Oklahoma State University Cooperative Extension Service shall determine if there is a willingness among agriculture producers in Oklahoma to institute a voluntary program designed to reduce the liability of landowners through the establishment of best management practices designed to address water quality issues throughout Oklahoma. The program shall be voluntary in nature and encompass all state and federal regulatory requirements.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 260, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-19. Renumbered as &sect; 14-81 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-20. Renumbered as &sect; 14-82 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-21. Renumbered as &sect; 14-83 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-22. Repealed by Laws 1996, c. 138, &sect; 8, emerg. eff. May 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-23. Renumbered as &sect; 14-84 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-24. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2225. Travel and subsistence expense.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-26. Agriculture Emergency Insect Control Special Fund.&nbsp;</span></p> <p><span class="cls0">A. The Agriculture Emergency Insect Control Special Fund is hereby created in the State Treasury for the Oklahoma Department of Agriculture, Food, and Forestry. 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 137, &sect; 2, emerg. eff. April 15, 1980. Amended by Laws 1981, c. 50, &sect; 2, emerg. eff. April 13, 1981; Laws 1993, c. 278, &sect; 15, operative Sept. 1, 1993; Laws 2000, c. 243, &sect; 24, emerg. eff. May 24, 2000; Laws 2012, c. 304, &sect; 3.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-27. Department of Agriculture State Indemnity Special Fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls6"><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 304, &sect; 12, emerg. eff. June 29, 1981. Amended by Laws 2000, c. 243, &sect; 25, emerg. eff. May 24, 2000; Laws 2002, c. 173, &sect; 4, emerg. eff. May 6, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-27.1. Agriculture Evidence and Law Enforcement Fund.&nbsp;</span></p> <p><span class="cls0">A. There is created in the State Treasury a revolving fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated the &ldquo;Agriculture Evidence and Law Enforcement Fund&rdquo;. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received from the sale of confiscated property, the seizure and forfeiture of confiscated monies, property, gifts, bequests, devises, or contributions, public or private, including federal and state funds unless otherwise provided by federal law or regulation.&nbsp;</span></p> <p><span class="cls0">B. All monies accruing to the credit of the fund are appropriated and may be budgeted and expended by the Oklahoma Department of Agriculture, Food, and Forestry, for purposes including but not limited to investigation, enforcement, and prosecution of cases involving administrative, civil, or criminal violations of the Agricultural Code.&nbsp;</span></p> <p><span class="cls0">C. The balance on deposit in the Agriculture Evidence and Law Enforcement Fund shall never exceed the sum of One Hundred Thousand Dollars ($100,000.00). Amounts exceeding One Hundred Thousand Dollars ($100,000.00) shall be deposited in the Agriculture Revolving Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 373, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-28. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-2-29. Obstruct, hinder or interfere with authorized agent in performance of official duties - Unlawful.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 243, &sect; 26, emerg. eff. May 24, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2-30. Provision of mediation services - Plan to increase public awareness of Agriculture Mediation Program.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Agriculture Mediation Program under the direction of the Agriculture Mediation Board as established by subsection D of this section, is authorized to provide mediation services to all individuals, businesses, and state and federal agencies that are engaged in production agriculture, and agriculturally- or environmentally-related activities. The Oklahoma Agriculture Mediation Program shall operate in accord with the Agriculture Credit Act of 1987, as amended, 7 CFR 785, and applicable state and federal laws.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Agriculture Mediation Program shall be formed as an independent entity. The Oklahoma Department of Agriculture, Food, and Forestry shall provide office space for the Oklahoma Agriculture Mediation Program. The Oklahoma Department of Agriculture, Food, and Forestry, in cooperation with appropriate entities such as the Oklahoma Cooperative Extension Service, is authorized 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, agriculture lenders, and others which may have reason to utilize the services. The plan may include but not be limited to the following:&nbsp;</span></p> <p><span class="cls0">1. Providing informational literature to every county extension office in the state;&nbsp;</span></p> <p><span class="cls0">2. Providing information about the program to agricultural lenders in this state by any feasible means, including but not limited to electronic media;&nbsp;</span></p> <p><span class="cls0">3. Securing such public service announcements from broadcast media as is feasible;&nbsp;</span></p> <p><span class="cls0">4. Cooperating with and providing information to court officials; and&nbsp;</span></p> <p><span class="cls0">5. Such other measures as may be calculated to develop a greater awareness of the existence and benefits of the Oklahoma Agriculture Mediation Program.&nbsp;</span></p> <p><span class="cls0">C. The program is primarily funded by a grant from the United States Department of Agriculture and may provide mediation free of charge to the participants. The State Department of Agriculture, Food, and Forestry, pursuant to the grant recertification provisions at 7 CFR 785 and this section, may provide contributions or allocations in support of the Oklahoma Agriculture Mediation Program, as available. The program may seek supporting contributions from other stakeholders in support of its operations.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Agriculture Mediation Program shall establish and maintain an Agriculture Mediation Board whose members are engaged in or serving agriculture. The Board shall be comprised of a five-person Executive Committee and a fifteen-member Advisory Committee. The five-person Executive Committee shall be comprised of one designee each from the two largest general farm organizations of this state, one designee from the largest farm commodity group of this state, one designee appointed by the Chair of the Senate Agriculture and Rural Development Committee, and one designee appointed by the Chair of the House of Representatives Agriculture and Rural Development Committee. The Advisory Committee shall only be advisory in capacity and comprised of members drawn from the following categories and appointed by the Executive Committee:&nbsp;</span></p> <p><span class="cls0">1. Each of the United States Department of Agriculture agencies;&nbsp;</span></p> <p><span class="cls0">2. The Oklahoma Department of Agriculture, Food, and Forestry;&nbsp;</span></p> <p><span class="cls0">3. The Oklahoma State University Cooperative Extension, including IFMAPS;&nbsp;</span></p> <p><span class="cls0">4. The Oklahoma Conservation Commission;&nbsp;</span></p> <p><span class="cls0">5. An Oklahoma attorney;&nbsp;</span></p> <p><span class="cls0">6. Two Oklahoma farmers or ranchers;&nbsp;</span></p> <p><span class="cls0">7. A representative from an agriculture banking institution;&nbsp;</span></p> <p><span class="cls0">8. A representative from the Oklahoma Conference of Churches;&nbsp;</span></p> <p><span class="cls0">9. A mediator from the federal, state or private sector; and&nbsp;</span></p> <p><span class="cls0">10. Such other members from public entities or private organizations as may be needed.&nbsp;</span></p> <p><span class="cls0">E. The Agriculture Mediation Board shall adopt such procedures as may be necessary for the management of the program.&nbsp;</span></p> <p><span class="cls0">F. The program will maintain a roster of qualified mediators to assist in servicing requests for mediation.&nbsp;</span></p> <p><span class="cls0">G. Mediation communications and mediation sessions under this section shall be confidential pursuant to the Administrative Dispute Resolution Act, 5 U.S.C. 574, and this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 236, &sect; 1, emerg. eff. May 24, 2000. Amended by Laws 2002, c. 60, &sect; 2, eff. July 1, 2002; Laws 2004, c. 216, &sect; 1; Laws 2010, c. 342, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from Title 2, &sect; 2-29 to avoid a duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2-31. Independent agricultural tourism organization plan &ndash; Required provisions &ndash; Report date.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Department of Agriculture, Food, and Forestry shall develop a plan to create an independent agricultural tourism organization. This organization shall be established as a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code. The plan shall include:&nbsp;</span></p> <p><span class="cls0">1. All necessary provisions to form a partnership with the Oklahoma Department of Tourism and Recreation, the Oklahoma Department of Commerce, and the Oklahoma Department of Agriculture, Food, and Forestry; and&nbsp;</span></p> <p><span class="cls0">2. Provisions to create a board with the number of members to be determined by the Oklahoma Department of Agriculture, Food, and Forestry and membership to include at least one member from the Oklahoma Department of Tourism and Recreation, one member from the Oklahoma Department of Commerce, and one member from the Oklahoma Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Department of Agriculture, Food, and Forestry shall make a report of the plan to the Legislature by January 1, 2007.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 318, &sect; 1, emerg. eff. June 9, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2A-1. Short title - Purpose - Applicability - Water programs.&nbsp;</span></p> <p><span class="cls0">A. Sections 2 through 11 of this act shall be known and may be cited as the &ldquo;Oklahoma Agriculture Pollutant Discharge Elimination System Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. The purpose of the Oklahoma Agriculture Pollutant Discharge Elimination System Act is to:&nbsp;</span></p> <p><span class="cls0">1. Implement the federal National Pollutant Discharge Elimination System requirements;&nbsp;</span></p> <p><span class="cls0">2. Assist the Oklahoma Department of Agriculture, Food, and Forestry in obtaining authorization to implement the federal Clean Water Act programs; and&nbsp;</span></p> <p><span class="cls0">3. Issue permits to the persons or organizations owning or operating facilities regulated within the areas of environmental jurisdiction of the Department.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Water programs within the environmental jurisdiction of the Department are hereby established that shall be responsible for:&nbsp;</span></p> <p><span class="cls0">1. Water quality including, but not limited to, point source and nonpoint source pollution;&nbsp;</span></p> <p><span class="cls0">2. Water protection; and&nbsp;</span></p> <p><span class="cls0">3. Discharges and potential discharges to waters of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 2, eff. July 1, 2005.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-2A-2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Agriculture Pollutant Discharge Elimination System Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Administrative hearing&rdquo;, &ldquo;administrative permit hearing&rdquo;, &ldquo;enforcement hearing&rdquo; and &ldquo;administrative enforcement hearing&rdquo; 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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the Administrative Procedures Act,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the Oklahoma Agricultural Code, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;rules promulgated thereunder;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Administrative Procedures Act&rdquo; means the Oklahoma Administrative Procedures Act;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Director&rdquo; means the individual appointed by the Commissioner to perform the duties identified in Section 6 of this act;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Discharge&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Disposal system&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Effluent limitation&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Environment&rdquo; includes the air, land, wildlife, and waters of the state;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Formal public meeting&rdquo; 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 &ldquo;public hearing&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Nonpoint source&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Point source&rdquo; 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&rsquo;s environmental jurisdiction. The term &ldquo;point source&rdquo; shall not include agricultural storm water discharges and return flows from irrigated agriculture;&nbsp;</span></p> <p><span class="cls0">11. &ldquo;Pollutant&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Pollution&rdquo; 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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;in quantities which are or will likely create a nuisance, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">13. &ldquo;Schedule of compliance&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">14. &ldquo;Serious bodily injury&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">15. &ldquo;Storm water&rdquo; means rainwater runoff, snow melt runoff, and surface runoff and drainage;&nbsp;</span></p> <p><span class="cls0">16. &ldquo;Treatment works&rdquo; means any facility within the Department&rsquo;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&nbsp;</span></p> <p><span class="cls0">17. &ldquo;Waters of the state&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 3, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-3. Authority of Board to promulgate rules - Powers of Department.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Develop or assist in development of any effluent limitation or other limitation, prohibition, or effluent regulation;&nbsp;</span></p> <p><span class="cls0">4. Ensure that the public and any other state whose waters may be affected receive notice of each application for a discharge permit;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Establish a fee schedule to implement the provisions of the Oklahoma Agriculture Pollutant Discharge Elimination System Act;&nbsp;</span></p> <p><span class="cls0">7. Establish management standards for sludge which are no less stringent than applicable federal regulations; and&nbsp;</span></p> <p><span class="cls0">8. Establish procedures and requirements necessary to ensure compliance with applicable federal laws.&nbsp;</span></p> <p><span class="cls0">B. The Department shall have authority to:&nbsp;</span></p> <p><span class="cls0">1. Require the owner or operator of any system for the treatment, storage, discharge, or transport of pollutants to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;make reports, to install, calibrate, use, and maintain monitoring equipment or methods including biological monitoring methods,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;take samples of effluents in the manner as may be prescribed, and&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;provide other information as may be reasonably required;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 4, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-4. Disclosure of interest in regulated entities.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 5, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-5. Director of the Agricultural Pollutant Discharge Elimination System.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Director shall have experience in agriculture, forestry, conservation, environmental sciences, or other areas as may be required by the Commissioner.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. 1. The Director shall have the power and duty to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;issue final orders and assess administrative penalties according to the Administrative Procedures Act, the Oklahoma Agricultural Code, and rules promulgated by the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 6, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-6. Discharge of pollutant into state waters - Schedule of compliance and conditions - Permits.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Prior to issuing the pollutant discharge permits, the Director shall prescribe schedules of compliance and conditions as necessary that:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Require compliance with national standards of performance and toxicity;&nbsp;</span></p> <p><span class="cls0">4. Set limitations or prohibitions designed to prohibit the discharge of pollutants;&nbsp;</span></p> <p><span class="cls0">5. Set interim compliance dates which are enforceable without otherwise showing a violation of an effluent limitation or harm to water quality;&nbsp;</span></p> <p><span class="cls0">6. Set terms and conditions for sludge and land application of wastewater and for impoundments in accordance with rules promulgated by the Board; and&nbsp;</span></p> <p><span class="cls0">7. Comply with the provisions of the Oklahoma Agriculture Pollutant Discharge Elimination System Act and the requirements of the federal Clean Water Act.&nbsp;</span></p> <p><span class="cls0">C. The Director shall:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Issue permits for fixed terms not to exceed five (5) years;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;other conditions as may be required under the federal Clean Water Act or state law;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Have the authority to terminate or modify permits issued by the Director for cause, including but not limited to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;violation of any condition of the permit, including but not limited to conditions related to limits, monitoring requirements, entry, and inspections,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts, or&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;&nbsp;</span></p> <p><span class="cls0">7. Have all necessary authority to implement and enforce Department programs and requirements established by the State Board of Agriculture in duly promulgated rules;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 7, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Enter and inspect the facility in accordance with the provisions of the Oklahoma Agriculture Pollutant Discharge Elimination System Act;&nbsp;</span></p> <p><span class="cls0">2. Investigate complaints;&nbsp;</span></p> <p><span class="cls0">3. Have access at any reasonable time for the purposes of reviewing and copying any records required to be maintained;&nbsp;</span></p> <p><span class="cls0">4. Inspect any monitoring equipment, methods, disposal systems, or other facilities or equipment as may be required;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. For unpermitted facilities, authorized employees or representatives, upon presentation of a credential and, if necessary, a proper warrant shall have:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. A right of entry for the purpose of investigating complaints;&nbsp;</span></p> <p><span class="cls0">3. Access, at any reasonable time, for the purposes of reviewing and copying any records required to be maintained;&nbsp;</span></p> <p><span class="cls0">4. Authority to inspect any monitoring equipment, methods, disposal systems, or other facilities or equipment as may be required; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Director shall not issue a discharge permit if the permit:&nbsp;</span></p> <p><span class="cls0">1. Would authorize the discharge of a radiological, chemical, or biological warfare agent, or high-level radioactive waste;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 8, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-8. Rules for storm water discharges.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 9, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-9. Violations of act, permit, rule or order - Recovery of damages - Right of intervention - Notice - Hearings - Penalties - Review.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. Enforcement hearings shall be conducted in accordance with the procedures set out in the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. In the civil action, the Department shall join the operator of the source as a party to the action.&nbsp;</span></p> <p><span class="cls0">4. The action shall be brought in the district court in the county in which the treatment works is located.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">6. Nothing in this subsection shall be construed to limit or prohibit any other authority the Department may have under this section.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. If any person fails to pay an assessment of an administrative penalty:&nbsp;</span></p> <p class="cls7"><span class="cls0">a.&nbsp;&nbsp;after the order making the assessment has become final, or&nbsp;</span></p> <p class="cls7"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the district attorney of the appropriate district court of the State of Oklahoma,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the Attorney General on behalf of the State of Oklahoma, or&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;the Department on behalf of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">3. It shall be the duty of the Attorney General and district attorney if requested by the Director to bring such action.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 10, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-10. Application for permit - Compliance with local ordinances, rules or requirements.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 11, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-21. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 12 through 20 of this act shall be known and may be cited as the &ldquo;Oklahoma Agriculture Environmental Permitting Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 12, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-22. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of the Oklahoma Agriculture Environmental Permitting Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Application&rdquo; 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 &ldquo;application&rdquo; includes any subsequent additions, revisions, or modifications submitted to the Department that supplement, correct, or amend a pending application;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Draft permit&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Permit&rdquo; 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 &ldquo;permit&rdquo; includes but is not limited to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;specific types of permits and other Department authorizations including certifications, registrations, licenses, and plan approvals,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;general permits and notices of intent for coverage by a general permit, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Process meeting&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Proposed permit&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Qualified interest group&rdquo; means any organization with twenty-five or more members who are Oklahoma residents;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Response to comments&rdquo; 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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;specifies any provisions of the draft permit that were changed in the proposed or final permit and the reasons for the changes, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;briefly describes and responds to all significant comments raised during the public comment period or any hearing regarding the draft denial or draft permit;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Tier I&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Tier II&rdquo; means a process of permitting which includes:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the Tier I process,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;published notice of application filing,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;preparation of the draft permit or draft denial,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;published notice of the draft permit or draft denial and opportunity for a formal public meeting, and&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;public meeting, if any.&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Tier III&rdquo; means an expanded process of permitting which includes:&nbsp;</span></p> <p class="cls5"><span class="cls0">a.&nbsp;&nbsp;(1)&nbsp;&nbsp;the Tier II process, except the notice of filing, shall also include an opportunity for a process meeting,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;preparation of the response of the Department to comments, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;denial of application, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">For the Tier III process, a permit shall be issued or denied by the Director.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 13, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-23. Rules designating application tiers.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Enable applicants to follow a consistent application process;&nbsp;</span></p> <p><span class="cls0">2. Ensure that uniform public participation opportunities are offered;&nbsp;</span></p> <p><span class="cls0">3. Provide for uniformity in notices required of applicants; and&nbsp;</span></p> <p><span class="cls0">4. Set forth procedural application requirements.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The significance of the potential impact of the type of activity on the environment;&nbsp;</span></p> <p><span class="cls0">2. The amount, volume, and types of waste proposed to be accepted, stored, treated, disposed, discharged, emitted, or land applied;&nbsp;</span></p> <p><span class="cls0">3. The degree of public concern traditionally connected with the type of activity;&nbsp;</span></p> <p><span class="cls0">4. The federal classification, if any, for the proposed activity, operation, or type of site or facility; and&nbsp;</span></p> <p><span class="cls0">5. Any other factors relevant to the determinations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The rules for each tier shall:&nbsp;</span></p> <p><span class="cls0">1. Set forth uniform procedures for filing an application;&nbsp;</span></p> <p><span class="cls0">2. Contain specific uniform requirements for each type of notice and public participation or hearing opportunities required by the Oklahoma Agriculture Environmental Permitting Act;&nbsp;</span></p> <p><span class="cls0">3. Contain other provisions needed to implement and administer the Oklahoma Agriculture Pollutant Discharge Elimination System Act; and&nbsp;</span></p> <p><span class="cls0">4. Designate positions to which the Director may delegate, in writing, the power and duty to issue, renew, amend, modify, and deny permits.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 14, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-24. Powers and duties of Department.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. In addition to authority under the Oklahoma Agricultural Code, the Department shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Evaluate notices related to applications for sufficiency of content and compliance and require that omissions or inaccuracies be cured;&nbsp;</span></p> <p><span class="cls0">3. Consider timely and relevant comments received;&nbsp;</span></p> <p><span class="cls0">4. Prepare responses to comments, draft and final denials, and draft, proposed, and final permits;&nbsp;</span></p> <p><span class="cls0">5. Cooperate with federal agencies;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">7. Otherwise exercise all incidental powers as necessary and proper to implement the provisions of the Oklahoma Agriculture Environmental Permitting Act and promulgate rules.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 15, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-25. Tier II or III applications - Publication of notice of filing - Process meeting on Tier III applications.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The provisions of this section shall not stay the review of the application by the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 16, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-26. Tier II or III applications - Draft denial or permit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">1. Notice of a draft denial shall be given by the Department and notice of a draft permit shall be given by the applicant.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 17, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-27. Public meeting on draft denial or permit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Notice of the meeting shall be given to the public at least thirty (30) calendar days prior to the meeting date.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. At the meeting, any person may submit oral or written statements and data concerning the draft denial or permit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. The meeting shall not be a quasi-judicial proceeding.&nbsp;</span></p> <p><span class="cls0">G. The applicant or a representative of the applicant may be present at the meeting to respond to questions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 18, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-28. Tier II applications - Final permit - Response to comments - Tier III applications - Proposed permit - Notice and hearing - Final denial or permit.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. The Department shall ensure that any additional notice requirements as otherwise provided by law are followed.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The applicant shall be a party to the hearing.&nbsp;</span></p> <p><span class="cls0">3. The Department shall hold a scheduling conference within sixty (60) calendar days after the end of the hearing request period.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 19, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-2A-29. General permits.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 292, &sect; 20, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-1. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-2. Repealed by Laws 2013, c. 118, &sect; 25, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-11. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-12. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-13. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-14. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-15. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-16. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-17. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-18. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-19. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-20. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-21. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-22. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-23. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-24. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-25. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-26. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-27. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-28. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-29. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-30. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-31. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-32.1. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this subarticle:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Broker&rdquo; means any person who negotiates the purchase or sale of any nursery stock. A broker may or may not handle the nursery stock or the proceeds of a sale;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Certificate&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Compliance agreement&rdquo; means any written document between a person and the Oklahoma Department of Agriculture, Food, and Forestry or the United States Department of Agriculture to achieve compliance with any set of requirements being enforced by the Department;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Cultivar&rdquo; means a horticulturally, silviculturally, or agriculturally derived cultivated variety of a plant, as distinguished from a natural variety;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Dealer" means any person who sells, brokers, or distributes nursery stock that was not grown from seeds, cuttings, liners, or similar propagative material by that person but was bought, received on consignment, or acquired and in the person&rsquo;s possession for the purposes of resale;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;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; &nbsp;</span></p> <p><span class="cls0">7. &ldquo;Grower&rdquo; means any person who raises, grows, or propagates for profit or other reasons any nursery stock or plant;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Heel yard&rdquo; means any plant holding area;&nbsp;</span></p> <p><span class="cls0">9. "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;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Landscaper&rdquo; means a person who purchases nursery stock and offers that stock for sale or planting through landscape services and typically does not hold and maintain plants in a heel yard or nursery;&nbsp;</span></p> <p><span class="cls0">11. &ldquo;Native species&rdquo; means a species that, other than due to an introduction, historically occurred or currently occurs in that ecosystem;&nbsp;</span></p> <p><span class="cls0">12. "Nursery&rdquo; means and includes any field, ground, greenhouse, bin, pit, plot, or premise where nursery or floral stock is grown, propagated, or sold;&nbsp;</span></p> <p><span class="cls0">13. &ldquo;Nursery operator&rdquo; means the person who owns, leases, manages, or is in control of a nursery, and any person who is a grower of nursery stock;&nbsp;</span></p> <p><span class="cls0">14. &ldquo;Nursery stock&rdquo; means and includes, whether in field or container, all trees, shrubs, vines, rosebushes, turfgrass, cuttings, grafts, scions, fruit pits, herbaceous plants, evergreens and other ornamental trees, bushes, collected wild plants and trees, decorative plants, tropical 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. &ldquo;Nursery stock&rdquo; does not include cut Christmas trees, wreaths, seeds, vegetables or fruits, agronomic crops, cut or dried flowers, and cut or dried herbs;&nbsp;</span></p> <p><span class="cls0">15. &ldquo;Phytosanitary certificate&rdquo; means a document issued by the Department 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;&nbsp;</span></p> <p><span class="cls0">16. &ldquo;Place of business&rdquo; means each separate store, stand, sales lot, or any other place at or from which nursery stock is being sold or offered for sale;&nbsp;</span></p> <p><span class="cls0">17. &ldquo;Plant pest&rdquo; means any pest known to cause damage or harm to plants, agricultural commodities, horticultural products, nursery stock, silvicultural interests, or the environment. 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;&nbsp;</span></p> <p><span class="cls0">18. &ldquo;Sales location&rdquo; means any principal business location where nursery stock is sold directly to a customer;&nbsp;</span></p> <p><span class="cls0">19. &ldquo;Sell&rdquo; means to offer for sale, expose for sale, possess for sale, exchange, barter, or trade;&nbsp;</span></p> <p><span class="cls0">20. "Silviculture" means the development and care of forests;&nbsp;</span></p> <p><span class="cls0">21. &ldquo;Stop sale&rdquo; means a legal document issued by the State Board of Agriculture that prevents the production of or sale of nursery stock due to an infestation of a plant pest; and&nbsp;</span></p> <p><span class="cls0">22. &ldquo;Turfgrass sod&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 1, emerg. eff. June 6, 2000. Amended by Laws 2007, c. 200, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-32.2. Inspections - Notices of violations - Seizure or destruction of stock - Treatment of diseased plants - Rules and regulations.&nbsp;</span></p> <p><span class="cls0">A. 1. The Oklahoma Department of Agriculture, Food, and Forestry shall have the authority to inspect any orchard, fruit, garden, park, cemetery, private premises, public place, or any place that 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.&nbsp;</span></p> <p><span class="cls0">2. The Department may inspect any nursery stock, shipping documents, treatment records, sales records, or other relevant documents of any person, whether licensed with the Department or not, to determine the distribution of nursery stock.&nbsp;</span></p> <p><span class="cls0">3. The Department may take samples removed of nursery stock in order to determine compliance with this subarticle. If the Department finds that the samples are not in compliance with this subarticle, the Department&rsquo;s finding shall be considered prima facie evidence that a violation has occurred.&nbsp;</span></p> <p><span class="cls0">B. The Department shall have the authority to issue notices of violation, citations, compliance orders, conditional orders, stop sales orders, stop work orders, quarantines, or any other order authorized pursuant to the Oklahoma Agricultural Code.&nbsp;</span></p> <p><span class="cls0">C. Any nursery stock distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate or interstate commerce may be seized or caused to be destroyed by the Department in any county of the state where it may be found if:&nbsp;</span></p> <p><span class="cls0">1. The nursery stock is devitalized or infested with a plant pest and may become a threat to plants belonging to other persons or the health, safety, or welfare of the general public; or&nbsp;</span></p> <p><span class="cls0">2. The nursery stock does not bear the proper certificate, plant tag information, or the required inspection or shipping information.&nbsp;</span></p> <p><span class="cls0">D. The Department shall also 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 pursuant to the Oklahoma Agricultural Code and the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">E. 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 nursery stock sales or distribution that is more stringent than the rules of the State Board of Agriculture.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 2, emerg. eff. June 6, 2000. Amended by Laws 2007, c. 200, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-32.3. Plant pests - Sale - Notice.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 3, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-32.4. Nursery stock shipments - Inspection certificates.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s expense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 4, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-32.5. Vegetable plants and transplants - Identification.&nbsp;</span></p> <p><span class="cls0">All vegetable plants or transplants in flats, crates, baskets or containers, regardless of origin, shall have affixed to the outside, a tag bearing:&nbsp;</span></p> <p><span class="cls0">1. The name and address of the grower or dealer for whom this inspection was conducted, except at the grower's location; and&nbsp;</span></p> <p><span class="cls0">2. The variety and/or cultivar name under which the vegetable plants are sold.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 5, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-32.6. Turfgrass sod - Identification.&nbsp;</span></p> <p><span class="cls0">A. A seller of turfgrass sod shall be required to state on the sales contract, invoice, or bill of lading the following information:&nbsp;</span></p> <p><span class="cls0">1. The variety and the named blend or mixture of turfgrass; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. All growers shall provide the legal description of all growing fields of sod to the State Department of Agriculture.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 6, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-32.7. Licenses - Inspection fees.&nbsp;</span></p> <p><span class="cls0">A. The fee for each grower or dealer, license issued or renewed and inspection conducted shall be as follows:&nbsp;</span></p> <p><span class="cls0">1. Grower&rsquo;s license fee - Twenty five Dollars ($25.00) for each business location;&nbsp;</span></p> <p><span class="cls0">2. Grower&rsquo;s inspection fee - One Dollar ($1.00) per acre or 1000 square feet of greenhouse area inspected; and&nbsp;</span></p> <p><span class="cls0">3. Dealer&rsquo;s license fee - Thirty eight Dollars ($38.00) for each business location.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. A person shall obtain a license prior to selling or dealing in nursery stock.&nbsp;</span></p> <p><span class="cls0">E. All licenses are nontransferable upon any change of ownership.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 7, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-32.8. Violations.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Misrepresenting to another their connection with a nursery, or to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;misrepresent the grade, character, variety, or quality of any nursery stock,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;make a false declaration of acreage,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;conceal any nursery stock from inspection, or&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;offer for sale nursery stock which is seriously or substantially devitalized;&nbsp;</span></p> <p><span class="cls0">2. Failing to furnish the Oklahoma Department of Agriculture, Food, and Forestry with true and exact copies of order forms, contracts, and agreements with customers;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Selling, offering for sale, or distributing any nursery stock infected or infested with a plant pest;&nbsp;</span></p> <p><span class="cls0">5. Selling, offering for sale, or distributing nursery stock that is not healthy, sound, and capable of growth;&nbsp;</span></p> <p><span class="cls0">6. Failing to carry out treatment or destruction of nursery stock as ordered by the Board;&nbsp;</span></p> <p><span class="cls0">7. Misrepresenting or falsifying information on a license application;&nbsp;</span></p> <p><span class="cls0">8. Doing business without a valid license;&nbsp;</span></p> <p><span class="cls0">9. Allowing a license to be used by any person other than the person to whom it was issued;&nbsp;</span></p> <p><span class="cls0">10. Failing to notify the Board of the legal description of all growing locations of nursery stock or sod;&nbsp;</span></p> <p><span class="cls0">11. Failing to allow an authorized agent to complete an inspection or collect adequate samples;&nbsp;</span></p> <p><span class="cls0">12. Selling nursery stock restricted by a stop sale order;&nbsp;</span></p> <p><span class="cls0">13. Selling, moving, or distributing nursery stock or other material under a quarantine;&nbsp;</span></p> <p><span class="cls0">14. Mislabeling nursery stock by using the wrong common name or botanical name;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">16. Interfering with, hindering, or impeding, by any method, any authorized agent of the Board in the performance of duties; &nbsp;</span></p> <p><span class="cls0">17. Falsifying or using false information to ship nursery stock out of Oklahoma into any other state in the United States or any country outside of the United States or making a false statement regarding the condition, quality, grade, character, variety, or treatment used; or&nbsp;</span></p> <p><span class="cls0">18. Failing to comply with any order of the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 8, emerg. eff. June 6, 2000. Amended by Laws 2007, c. 200, &sect; 3, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-32.9. Quarantines.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The quarantine shall show the boundaries of the area or place quarantined and the conditions of the quarantine.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 9, emerg. eff. June 6, 2000. Amended by Laws 2001, c. 146, &sect; 133, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-35. Repealed by Laws 2013, c. 118, &sect; 25, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-50.1. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Boll Weevil Eradication Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 1, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.2. Declaration - Purpose.&nbsp;</span></p> <p><span class="cls0">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 and posteradication maintenance and control.&nbsp;</span></p> <p><span class="cls0">B. The purpose of the Boll Weevil Eradication Act is to secure and ensure on a continuing basis the eradication of the boll weevil.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 2, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 2, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Boll Weevil Eradication Act:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. "Boll weevil" means the insect Anthonomus grandis Boheman, in any stage of development, including the egg, larval, pupal and adult stages;&nbsp;</span></p> <p><span class="cls0">3. "Commissioner" means the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry or designee;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. "Eligible cotton grower" means any person actively engaged in the production of cotton either currently or in any two (2) of the three (3) years immediately preceding the calling of an election or a referendum;&nbsp;</span></p> <p><span class="cls0">6. "Department" means the Oklahoma Department of Agriculture, Food, and Forestry;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Eradicated area&rdquo; means an area free of boll weevil;&nbsp;</span></p> <p><span class="cls0">8. "Host" means any plant or plant product in which the boll weevil is capable of completing any portion of its life cycle;&nbsp;</span></p> <p><span class="cls0">9. "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;&nbsp;</span></p> <p><span class="cls0">10. "Organization" means the Oklahoma Boll Weevil Eradication Organization established pursuant to the provisions of the Boll Weevil Eradication Act;&nbsp;</span></p> <p><span class="cls0">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; and&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Quarantined area&rdquo; means any area or part of the state designated as quarantined by the State Board of Agriculture at the request of the Oklahoma Boll Weevil Eradication Organization.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 3, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 3, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.4. Review by Commissioner and State Board of Agriculture.&nbsp;</span></p> <p><span class="cls0">The Commissioner in conjunction with the State Board of Agriculture is authorized to review and make recommendations to the Legislature regarding the boll weevil eradication and posteradication maintenance and control program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 4, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 4, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.5. Oklahoma Boll Weevil Eradication Organization - Formation - Status - Membership.&nbsp;</span></p> <p><span class="cls0">A. 1. The State of Oklahoma shall contain a boll weevil eradication district to be known as the Oklahoma Boll Weevil Eradication Organization for the purposes of eradicating boll weevils and performing posteradication maintenance and control functions as an agency of the State of Oklahoma. The Organization and the board of directors may enter into agreements with other state agencies, other states, the United States of America and any other entity or party as necessary to carry out the purposes of the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 5, eff. Sept. 1, 1993. Amended by Laws 1997, c. 381, &sect; 1, eff. July 1, 1997; Laws 1998, c. 253, &sect; 1, eff. July 1, 1998; Laws 2000, c. 231, &sect; 1, emerg. eff. May 24, 2000; Laws 2006, c. 211, &sect; 5, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.6. Board of directors - Election procedure.&nbsp;</span></p> <p><span class="cls0">A. 1. Elections for the board of directors shall be conducted under the procedures provided by this section.&nbsp;</span></p> <p><span class="cls0">2. A cotton grower eligible to vote in a particular district who desires to be a candidate for the board of directors shall file with the board a petition signed by five cotton growers from the district board. The application shall be:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;filed not later than thirty (30) days before the date set for the election, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;on a form approved by the board.&nbsp;</span></p> <p><span class="cls0">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 of the board of directors.&nbsp;</span></p> <p><span class="cls0">4. The election shall 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.&nbsp;</span></p> <p><span class="cls0">B. All cotton growers actively engaged in the production of cotton in the year of the calling of an 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 the election. The board shall determine eligibility to vote.&nbsp;</span></p> <p><span class="cls0">C. The board shall establish an election process that shall include but not be limited to provisions for determining:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;who is a cotton grower eligible to vote in an election,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;whether a board member is elected by a plurality or a majority of the votes cast, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;qualifications for membership of the board of directors.&nbsp;</span></p> <p><span class="cls0">D. Eligible cotton growers may vote in any district in which they produce cotton.&nbsp;</span></p> <p><span class="cls0">E. Ballots in an election may be mailed to a central location or delivered in person to a location or locations designated by the board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 6, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 6, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">A. 1. Except as provided by this section, the board of directors of the Oklahoma Boll Weevil Eradication Organization shall be composed of five cotton growers from this state who are elected from the five separate districts established by the board.&nbsp;</span></p> <p><span class="cls0">2. The terms of office of the elected board of directors shall be three (3) years.&nbsp;</span></p> <p><span class="cls0">3. A director may be removed from office by a majority vote of the board of directors for cause. Causes for removal include the following:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;neglect of duty,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;willful misconduct,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;malpractice in office,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;self-dealing,&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;incompetence,&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;gross inefficiency, or&nbsp;</span></p> <p class="cls3"><span class="cls0">g.&nbsp;&nbsp;any other unbecoming conduct that can or may affect the ability of the Oklahoma Boll Weevil Eradication Organization to satisfactorily perform its duties or carry out its mission as a public body.&nbsp;</span></p> <p><span class="cls0">All new directors shall take an oath of office before assuming the role as a director on the board.&nbsp;</span></p> <p><span class="cls0">4. Directors shall hold office until their respective successors are elected and take the oath of office.&nbsp;</span></p> <p><span class="cls0">5. At each election, the cotton grower with the highest number of votes from each district shall serve on the board of directors.&nbsp;</span></p> <p><span class="cls0">B. The board of directors shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Appoint a new director from the appropriate election district to serve the remaining term in the event of a vacancy on the board of directors;&nbsp;</span></p> <p><span class="cls0">2. Collect assessments pursuant to the Boll Weevil Eradication Act;&nbsp;</span></p> <p><span class="cls0">3. Conduct programs consistent with the Boll Weevil Eradication Act;&nbsp;</span></p> <p><span class="cls0">4. Determine and establish the assessment annually for the following crop year pursuant to the Boll Weevil Eradication Act and the program enabling referendum. The assessment shall be determined upon a fair and equitable system that is based on cotton production and infestation factors. The assessment shall be a flexible rate not to exceed Seven Dollars and fifty cents ($7.50) per acre and one cent ($.01) per pound of lint produced. Upon any change in the assessment rate, the board shall immediately notify growers and cotton gins of the new rate;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Develop, implement and pay for a plan for boll weevil eradication and posteradication maintenance and control in this state;&nbsp;</span></p> <p><span class="cls0">7. Advise, consult, and cooperate with agencies of this state, political subdivisions, other states, the federal government, and affected groups;&nbsp;</span></p> <p><span class="cls0">8. Collect and disseminate information relating to boll weevil eradication and posteradication maintenance and control;&nbsp;</span></p> <p><span class="cls0">9. Recommend the designation of &ldquo;eradicated areas&rdquo; to the State Board of Agriculture upon completion of active eradication and the beginning of posteradication maintenance and control;&nbsp;</span></p> <p><span class="cls0">10. Sue and be sued, implead and be impleaded, complain and defend in all courts;&nbsp;</span></p> <p><span class="cls0">11. Adopt, use, and alter at will a corporate seal;&nbsp;</span></p> <p><span class="cls0">12. Adopt bylaws for the management and regulation of its affairs and to promulgate and issue rules governing its operations;&nbsp;</span></p> <p><span class="cls0">13. Appoint officers, agents, and employees and prescribe their duties and fix their compensation, within any limitations prescribed by law;&nbsp;</span></p> <p><span class="cls0">14. Make contracts of every name and nature and execute all instruments necessary or convenient for the carrying on of the business of the Oklahoma Boll Weevil Eradication Organization;&nbsp;</span></p> <p><span class="cls0">15. Accept grants from and enter into contracts or other transactions with any federal agency;&nbsp;</span></p> <p><span class="cls0">16. Issue and sell bonds, or borrow money, in amounts as shall be needed from time to time for the purposes set forth in the Boll Weevil Eradication Act.&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;The bonds may:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;be issued in one or more series,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;bear the date or dates,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;mature at time or times not exceeding twenty (20) years from their date,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;be in denomination or denominations,&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;be in form, either coupon or registered,&nbsp;</span></p> <p class="cls5"><span class="cls0">(6)&nbsp;&nbsp;carry registration and conversion privileges,&nbsp;</span></p> <p class="cls5"><span class="cls0">(7)&nbsp;&nbsp;be executed in a proper manner,&nbsp;</span></p> <p class="cls5"><span class="cls0">(8)&nbsp;&nbsp;be payable in medium of payment at a place or places,&nbsp;</span></p> <p class="cls5"><span class="cls0">(9)&nbsp;&nbsp;be subject to terms of redemption with or without premium, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(10)&nbsp;&nbsp;bear rate or rates of interest, as may be provided by resolution or resolutions to be adopted by the Board within limits provided by law, and be sold in a manner and at a price or prices as may be considered by the Board to be advisable.&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;The board of directors may issue bonds pursuant to the Boll Weevil Eradication Act for the purpose of renewing funding of any obligations of the board of directors, or may authorize and deliver a single issue of bonds hereunder for the purpose in part of renewing funding for obligations of the board.&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;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 the assessments to the payment of and interest on the bonds.&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;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. The bonds shall be submitted to the Attorney General of Oklahoma for examination. The bonds, having been examined and certified as legal obligations by the Attorney General in accordance with the 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 approval. Bonds so approved by the Attorney General shall be prima facie valid and binding obligations according to their terms. The only defense that may be offered in any suit instituted after a thirty-day period shall have expired shall be a violation of the Constitution.&nbsp;</span></p> <p class="cls3"><span class="cls0">g.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">17. 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 application.&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;It shall be the duty of the Supreme Court to give applications precedence over the other business of the Supreme Court and to consider and pass upon the applications and any protests that may be filed thereto as speedily as possible.&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;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. The 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. The 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.&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">18. 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 shall approve each ballot issue for its adoption;&nbsp;</span></p> <p><span class="cls0">19. 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 determines that the number or composition of the election districts should be reestablished, the board of directors shall:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;fairly and equitably establish the election districts necessary utilizing geographic areas based upon cotton production density as the primary factor,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;conduct the election of the next board of directors consistent with this section,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;hold public hearings regarding the establishment of election districts,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;facilitate the expeditious transfer of authority to the newly elected board of directors, and&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;establish terms of office for the new board consistent with this section.&nbsp;</span></p> <p><span class="cls0">Any elected or appointed board member shall have all the powers and duties as granted pursuant to the Boll Weevil Eradication Act; and&nbsp;</span></p> <p><span class="cls0">20. Take any other actions deemed necessary by the board of directors to implement the provisions of the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">C. As used in this section, "bonds" means bonds, notes, loan agreements, or other forms of indebtedness issued or delivered by the Oklahoma Boll Weevil Eradication Organization.&nbsp;</span></p> <p><span class="cls0">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 the bylaws will be promulgated as rules of the State Board of Agriculture. The 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.&nbsp;</span></p> <p><span class="cls0">E. The board of directors shall:&nbsp;</span></p> <p><span class="cls0">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 audit in accordance with the provisions of subsection B of Section 212 of Title 74 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Provide surety bonds in amounts determined by the Commissioner for employees or agents who handle funds for the Organization;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;errors in judgment,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;mistakes, or&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;omissions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 7, eff. Sept. 1, 1993. Amended by Laws 1997, c. 381, &sect; 2, eff. July 1, 1997; Laws 1998, c. 253, &sect; 2, eff. July 1, 1998; Laws 2000, c. 30, &sect; 1, emerg. eff. April 6, 2000; Laws 2005, c. 93, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 211, &sect; 7, eff. Nov. 1, 2006; Laws 2010, c. 413, &sect; 5, eff. July 1, 2010.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.8. Certification of acreage in program.&nbsp;</span></p> <p><span class="cls0">Every person growing cotton in this state shall annually certify to the board of directors the person&rsquo;s number of acres and provide the legal description and the United States Department of Agriculture Farm Services Agency (FSA) numbers 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 8, eff. Sept. 1, 1993. Amended by Laws 1997, c. 381, &sect; 3, eff. July 1, 1997; Laws 2000, c. 231, &sect; 2, emerg. eff. May 24, 2000; Laws 2005, c. 93, &sect; 2, eff. Nov. 1, 2005; Laws 2006, c. 211, &sect; 8, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p class="cls2"><span class="cls0">&sect;2-3-50.9. Repealed by Laws 2006, c. 211, &sect; 23, eff. Nov. 1, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-50.9a. Collection of assessment.&nbsp;</span></p> <p><span class="cls0">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 fifteenth 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.&nbsp;</span></p> <p><span class="cls0">2. Pursuant to the provisions of the Boll Weevil Eradication Act no cotton shall be subject to assessment of a fee more than once.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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, the date by which an accounting of all assessments collected and paid will be submitted, and the date by which the balance of previously collected assessment shall be paid. &nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. 1. The cotton gin may rely upon the information or certification provided by the board of directors to the cotton gin regarding 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.&nbsp;</span></p> <p><span class="cls0">2. A cotton gin that uses due diligence in collecting an assessment from a cotton grower based upon information or a certification provided by the board of directors regarding the cotton grower shall be relieved of any liability for any errors or omissions in the assessment should it be determined that the assessment was inaccurate.&nbsp;</span></p> <p><span class="cls0">3. The provisions contained in this section apply to all cotton gins located in the State of Oklahoma or in any other state. Any gin that, whether by design or inadvertent act, fails to forward to the board of directors by June 1 of each year an accounting of all assessments collected and paid, as well as payment for all assessments previously collected but not paid, shall be subject to an administrative penalty or fine pursuant to the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">D. 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 or the State Board of Agriculture at any time during reasonable business hours of the cotton grower immediately upon oral request, or within ten (10) working days of any written request.&nbsp;</span></p> <p><span class="cls0">E. Failure to pay the required assessment or any remaining amount due shall result in an administrative penalty or fine to the grower, or other legal action to the grower or to the cotton gin when the assessment has been collected from the cotton grower.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 381, &sect; 5, eff. July 1, 1997. Amended by Laws 2000, c. 231, &sect; 4, emerg. eff. May 24, 2000; Laws 2005, c. 93, &sect; 3, eff. Nov. 1, 2005; Laws 2006, c. 211, &sect; 9, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-50.10. Boll Weevil Eradication Fund.&nbsp;</span></p> <p><span class="cls0">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 and ensure the long-term eradication and control of boll weevils. The Boll Weevil Eradication Fund shall be established and maintained in a bank or other depository approved by the Commissioner.&nbsp;</span></p> <p><span class="cls0">B. The Boll Weevil Eradication Fund shall consist of:&nbsp;</span></p> <p><span class="cls0">1. All monies received by the board of directors as proceeds from the assessment imposed pursuant to the Boll Weevil Eradication Act;&nbsp;</span></p> <p><span class="cls0">2. Interest attributable to investment of money in the Boll Weevil Eradication Fund; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The monies deposited in the Boll Weevil Eradication Fund, including emergency contingency funding for posteradication infestation, shall at no time become monies of the state.&nbsp;</span></p> <p><span class="cls0">D. Monies in the Boll Weevil Eradication Fund shall only be expended for:&nbsp;</span></p> <p><span class="cls0">1. Implementation and management of the Boll Weevil Eradication Act; and&nbsp;</span></p> <p><span class="cls0">2. Costs incurred by the board of directors and the State Board of Agriculture for the administration of the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">E. Any debts or obligations of the organization shall not become or be construed to be obligations of the Oklahoma Department of Agriculture, Food, and Forestry or this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 10, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 10, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.11. Department of Agriculture, Food, and Forestry - Collection of assessment and administrative penalty or fine - Disposition of penalty.&nbsp;</span></p> <p><span class="cls0">A. The board of directors may request the Oklahoma Department of Agriculture, Food, and Forestry 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 or fine from any person who is determined to have violated any provision of the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">B. Notwithstanding any other provision of the law, in an enforcement action brought by the board of directors, the board of directors may collect, in addition to the assessment, a fine from any person or cotton gin that is determined to have violated any provision of the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">C. Failure by any person to comply with any provisions of the Boll Weevil Eradication Act may result in assessment of an administrative penalty or fine of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) for each violation.&nbsp;</span></p> <p><span class="cls0">D. Any administrative penalty or fine 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 11, eff. Sept. 1, 1993. Amended by Laws 2000, c. 231, &sect; 5, emerg. eff. May 24, 2000; Laws 2005, c. 93, &sect; 4, eff Nov. 1, 2005; Laws 2006, c. 211, &sect; 11, eff. Nov. 1, 2006; Laws 2007, c. 157, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls2"><span class="cls0">&sect;2-3-50.12. Repealed by Laws 2006, c. 211, &sect; 23, eff. Nov. 1, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-50.13. Repealed by Laws 2006, c. 211, &sect; 23, eff. Nov. 1, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-50.14. Commissioner assistance in control of boll weevil eradication programs - Use of state-appropriated monies prohibited - Reimbursement of Department's costs and expenses.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner, upon the request of the board of directors, is authorized to assist in the eradication and control of the boll weevil in this state.&nbsp;</span></p> <p><span class="cls0">B. State-appropriated monies shall not be a funding source for activities conducted pursuant to the Boll Weevil Eradication Act. The Department shall be reimbursed for any costs and expenses incurred for any assistance provided pursuant to the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 14, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 12, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.15. Cooperation with other entities - Written agreements.&nbsp;</span></p> <p><span class="cls0">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 persons, in programs to effectuate the purposes of the Boll Weevil Eradication Act, and may enter into written agreements to effectuate these 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 that effectuate the purposes of the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 15, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 13, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.16. Right of entry - Inspections and other activities - Warrants.&nbsp;</span></p> <p><span class="cls0">A. 1. The board of directors and the Oklahoma Department of Agriculture, Food, and Forestry, or their authorized agents shall have authority, to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;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 necessary to carry out the provisions of the Boll Weevil Eradication Act,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;make inspection of any fields or premises in this state and any property for the purpose of determining if the property is infested with boll weevils, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;examine and make photocopies of any records and documents relating to the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">2. The inspection and other activities may be conducted at any hour with the notification of the owner or person in charge of the premises or property. If access is denied, the board of directors, the Oklahoma Department of Agriculture, Food, and Forestry, or the authorized agent of either shall have the right to apply to and obtain from a district court an administrative warrant as necessary to enforce the right of access and inspection as authorized pursuant to 2-14 of the Oklahoma Code.&nbsp;</span></p> <p><span class="cls0">B. Any judge of this state shall, within the judge&rsquo;s territorial jurisdiction, and upon proper statutory authority, issue administrative warrants for the purpose of conducting administrative inspections and other activities authorized by the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 16, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 14, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.17. Rules.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Department of Agriculture, Food, and Forestry is authorized to promulgate rules, including, but not limited to:&nbsp;</span></p> <p><span class="cls0">1. Establishing quarantine areas in this state or any portion thereof at the request of the board of directors;&nbsp;</span></p> <p><span class="cls0">2. Designating this state or any portion thereof as an &ldquo;eradicated area&rdquo;; and&nbsp;</span></p> <p><span class="cls0">3. Governing the storage or other handling in the eradicated or other quarantined areas of regulated articles and the movement of regulated articles into or from these areas, when the Department determines that an action is necessary, or reasonably appears necessary, to prevent, eradicate, control, or retard the spread of boll weevil.&nbsp;</span></p> <p><span class="cls0">B. 1. The Department shall promulgate rules establishing a reasonable schedule of administrative penalties and fines for violations of the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">2. The Department shall promulgate rules necessary, expedient, or appropriate for the performance, enforcement, or carrying out of any of the purposes, objectives, or provisions of the Boll Weevil Eradication Act.&nbsp;</span></p> <p><span class="cls0">3. Any rules promulgated pursuant to the Boll Weevil Eradication Act, including the establishment of quarantines, shall be promulgated in accordance with the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 17, eff. Sept. 1, 1993. Amended by Laws 2000, c. 231, &sect; 6, emerg. eff. May 24, 2000; Laws 2006, c. 211, &sect; 15, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.18. Destruction of cotton - Volunteer or noncommercial cotton.&nbsp;</span></p> <p><span class="cls0">A. When a person fails to meet the rules promulgated by the Oklahoma Department of Agriculture, Food, and Forestry, the Commissioner, at the request of the board of directors, shall have authority to destroy cotton in any area of the state not in compliance with the rules.&nbsp;</span></p> <p><span class="cls0">B. Cotton in any area of the state from a volunteer or noncommercial source may be destroyed or treated with pesticides by the Oklahoma Department of Agriculture, Food, and Forestry upon request of the board of directors.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 18, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 16, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.19. Unlawful acts - Moving infested article into state - Penalties.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person to store or handle any regulated article in an eradicated or other quarantined area, or to move into or from an eradicated or other quarantined area any regulated article, except under conditions as may be prescribed by the rules promulgated by the State Board of Agriculture.&nbsp;</span></p> <p><span class="cls0">B. Any person who, except in compliance with the rules of the Department, moves any regulated article into this state from any other state infested by boll weevils shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to the penalty provided in Section 3-50.20 of this title. Any person convicted of a violation may be required to pay restitution for damages caused by the violation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 19, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 17, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.20. Violations - Penalties.&nbsp;</span></p> <p><span class="cls0">Any person who violates any of the provisions of the Boll Weevil Eradication Act or the rules promulgated thereto, or who shall alter, forge, counterfeit, or use without authority any certificate, permit, or other document provided for in the Boll Weevil Eradication Act or in rules promulgated thereto shall, upon conviction, 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).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 198, &sect; 20, eff. Sept. 1, 1993. Amended by Laws 2006, c. 211, &sect; 18, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.21. Boll Weevil Eradication Organization - Relationship with Merit System of Personnel Administration - Seasonal employees.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Boll Weevil Eradication Organization shall not be subject to the Merit System of Personnel Administration.&nbsp;</span></p> <p><span class="cls0">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 these benefits, or to state employee minimum annualized salaries, salary increases or adjustments, unless specifically authorized by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 231, &sect; 7, emerg. eff. May 24, 2000. Amended by Laws 2006, c. 211, &sect; 19, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-50.30. Review and evaluation of boll weevil eradication efforts.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Department of Agriculture, Food, and Forestry may periodically conduct reviews to evaluate the ongoing boll weevil eradication and posteradication efforts in the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 17, &sect; 1, eff. Nov. 1, 1997. Renumbered from &sect; 3-60.1 of this title by Laws 1997, c. 381, &sect; 7, eff. July 1, 1997. Amended by Laws 2006, c. 211, &sect; 20, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-51. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-52. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-60.1. Renumbered as &sect; 3-50.30 of this title by Laws 1997, c. 381, &sect; 7, eff. July 1, 1997.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-61. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-62. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-63. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-64. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-65. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-66. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-67. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-68. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-69. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-70. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-71. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-81. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this subarticle:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Active ingredient&rdquo; means an ingredient, which defoliates plants, prevents fruit drop, inhibits sprouting, or destroys, repels, or mitigates insects, fungi, bacteria, rodents, weeds, or other pests;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Adulterated&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Antidote&rdquo; means the most practical immediate treatment in case of poisoning and includes but is not limited to first aid treatment;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. "Certification standards" means the standards that a person shall meet to become a certified applicator;&nbsp;</span></p> <p><span class="cls0">8. "Certified applicator" means a person who has met the certification standards;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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 pesticides, shall not be classified by the Board as a commercial applicator;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">12. "Defoliant" means any pesticide intended to cause the leaves or foliage to drop from a plant, with or without causing abscission;&nbsp;</span></p> <p><span class="cls0">13. "Desiccant" means any pesticide intended to artificially accelerate the drying of plant tissues;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">16. "Fungi" means all nonchlorophyllbearing thallophytes, including, but not limited to, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on humans or animals;&nbsp;</span></p> <p><span class="cls0">17. "Fungicide" means any pesticide intended for preventing, destroying, repelling, or mitigating any fungi or bacteria;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">19. "Herbicide" means any pesticide intended for preventing, destroying, repelling, desiccating, or mitigating any weed, or for defoliating plants, preventing fruitdrop, and inhibiting sprouting;&nbsp;</span></p> <p><span class="cls0">20. &ldquo;Inert ingredient&rdquo; means an ingredient, which is not an active ingredient;&nbsp;</span></p> <p><span class="cls0">21. &ldquo;Ingredient statement&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">23. "Insecticide" means any pesticide intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">25. "Labeling" means all labels and other written, printed, or graphic material:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;upon the pesticide, device, or any of its containers or wrappers,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;accompanying the pesticide or device at any time, or&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">27. "Minimum standards" means the measures prescribed by the Board to bring appropriate pesticide services to the public;&nbsp;</span></p> <p><span class="cls0">28. "Misbranded" means and includes:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;any pesticide or device if its labeling bears any statement, design, or graphic representation relative to its ingredients which is false or misleading, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;any pesticide or device:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;if it is an imitation of or is offered for sale under the name of another pesticide or device,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;if its labeling bears any reference to registration under this subarticle,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(6)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls5"><span class="cls0">(7)&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">30. "Nonrestricted-use pesticide" means any pesticide, other than a pesticide classified as restricted-use pesticide;&nbsp;</span></p> <p><span class="cls0">31. "Nonrestricted-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;&nbsp;</span></p> <p><span class="cls0">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 nonrestricted-use pesticide dealer in accordance with the type of permit issued;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">36. &ldquo;Registrant&rdquo; means the person registering any pesticide or device pursuant to the provisions of this subarticle;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">38. "Restricted-use pesticide dealer" means any person engaged in the sale, storage, or distribution of restricted-use pesticides;&nbsp;</span></p> <p><span class="cls0">39. "Rodenticide" means any pesticide intended for preventing, destroying, repelling, or mitigating rodents or any other animal which the Board declares a pest;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">41. &ldquo;Temporary certified applicator&rdquo; means a person who has successfully completed the written examinations required for certification but has not successfully completed the practical examination;&nbsp;</span></p> <p><span class="cls0">42. "Use" means transportation, storage, mixing, application, safe handling, waste and container disposal, and other specific instructions contained on the label and labeling;&nbsp;</span></p> <p><span class="cls0">43. &ldquo;Weed&rdquo; means any plant or plant part which grows where not wanted; and&nbsp;</span></p> <p><span class="cls0">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 insects, and the presence or absence of damage. The wood infestation report does not include a bid or proposal for treatment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 1, &sect; 1. Amended by Laws 1977, c. 98, &sect; 4; Laws 1984, c. 156, &sect; 1, eff. Nov. 1, 1984; Laws 1986, c. 285, &sect; 1, eff. Nov. 1, 1986; Laws 2000, c. 367, &sect; 10, emerg. eff. June 6, 2000; Laws 2002, c. 383, &sect; 1, eff. July 1, 2002; Laws 2007, c. 200, &sect; 4, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-82. License, permit, and registration requirements - Categories of licenses and permits - Certification standards - Fees - Liability insurance - Damages - Expirations - Pesticide producing establishments - Complaints.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls3"><span class="cls0">3.&nbsp;&nbsp;a.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">5. A license shall not be issued for the category of pesticide application of any applicant or representative who has a temporary certification.&nbsp;</span></p> <p><span class="cls0">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 five-year period.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;a determination is made by the Department that the applicant has successfully completed the written examination,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the licensed entity provides a completed service technician identification application form at the time of testing, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;all appropriate fees are paid at the time of testing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The following fees shall be paid to the Board:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. A fee of Fifty Dollars ($50.00) shall be paid to the Board for each written examination conducted by the Board;&nbsp;</span></p> <p><span class="cls0">3. A fee of Fifty Dollars ($50.00) shall be paid to the Board for each practical examination conducted by the Board;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. A fee of Twenty Dollars ($20.00) shall be paid to the Board for the issuance or renewal of service technician identification;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">8. No fees shall be charged to governmental agencies or their employees in the discharge of their official duties;&nbsp;</span></p> <p><span class="cls0">9. A fee of Fifty Dollars ($50.00) shall be paid to the Board for each recertification procedure; and&nbsp;</span></p> <p><span class="cls0">10. A fee of One Hundred Dollars ($100.00) shall be paid to the Board for each reciprocal certification procedure for applicator certifications.&nbsp;</span></p> <p><span class="cls0">D. All fees shall be deposited in the State Department of Agriculture Revolving Fund.&nbsp;</span></p> <p><span class="cls0">E. Fees shall be paid to the Board prior to the processing of any application.&nbsp;</span></p> <p><span class="cls0">F. Failure to pay any fee identified with licenses, permits, pesticide registrations, or certification shall require the Board to deny the application.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">H. DAMAGES - 1. Prior to filing an action against an applicator for damages to growing crops or plants, any person alleging damages to growing crops or plants shall:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;within ninety (90) calendar days of the date that the alleged damages occurred or prior to the time that twenty-five percent (25%) of the allegedly damaged crops or plants are harvested, whichever occurs first, file a written complaint statement with the Department regarding the alleged damages, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;between the date of filing of the written complaint pursuant to subparagraph a of this paragraph and the date harvesting or destruction of the allegedly damaged crops or plants occurs, allow the applicator and the representatives of the applicator reasonable access to the property to inspect and take samples of the allegedly damaged crops or plants during reasonable hours. The representatives of the applicator may include, but not be limited to, crop consultants, bondsmen, and insurers. Nothing in this subparagraph shall limit in any way the harvesting or destruction of the allegedly damaged crops or plants in the ordinary course of business and practice.&nbsp;</span></p> <p><span class="cls0">2. Any person failing to comply with paragraph 1 of this subsection shall be barred from filing an action for damages against the applicator.&nbsp;</span></p> <p><span class="cls0">I. PERMIT REQUIRED &ndash; 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s proposed operation and other information as specified by the Board.&nbsp;</span></p> <p><span class="cls0">4. Each business location engaged in the sale or distribution of restricted use pesticides shall require a separate permit.&nbsp;</span></p> <p><span class="cls0">5. The annual permit fee for a restricted use pesticide dealer permit shall be Fifty Dollars ($50.00) for each location.&nbsp;</span></p> <p><span class="cls0">6. The Board may require a certified applicator to be present at any location where designated restricted use pesticide sales occur.&nbsp;</span></p> <p><span class="cls0">J. PESTICIDE REGISTRATION REQUIRED &ndash; 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.&nbsp;</span></p> <p><span class="cls0">2. The registrant shall file with the Board a statement including, but not limited to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the name of the pesticide or device,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">6. The Board may require that pesticides be distinctively colored or discolored to protect the public health.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">K. CATEGORIES OF LICENSES AND PERMITS &ndash; The Board may establish any category of license for pesticide application or any category of permit for pesticide sales.&nbsp;</span></p> <p><span class="cls0">L. PERMIT AND PESTICIDE REGISTRATION EXPIRATION &ndash; 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">M. PESTICIDE PRODUCING ESTABLISHMENTS &ndash; 1. Definitions as used in this subarticle:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;&ldquo;establishment&rdquo; means any site where a pesticide product, active ingredient or device is produced within the state,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;&ldquo;produce&rdquo; 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&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;&ldquo;producer&rdquo; means any person who produces, manufactures, prepares, compounds, propagates or processes any active ingredient, pesticide, or device as used in producing a pesticide.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">4. The producer shall file a statement with the Board including but not limited to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the name and address of the company,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the name and address of the establishment as well as the physical location, if different than the mailing address,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;the name of any pesticide, active ingredient, or device, and&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;the name and address and other pertinent contact information for the responsible party.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">6. Each pesticide producer establishment location engaged in the production of pesticides, active ingredients or devices shall require a separate permit.&nbsp;</span></p> <p><span class="cls0">7. The annual permit fee for a pesticide producer establishment shall be One Hundred Dollars ($100.00) for each location.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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, website, or any other electronic media customarily used.&nbsp;</span></p> <p><span class="cls0">N. COMPLAINT RESOLUTION - Upon receipt of a written complaint, the Board shall notify the person filing the complaint in writing of its receipt and status within two (2) working days. The person whom the complaint is filed against shall also be notified within two (2) working days. Notification that a complaint has been filed may also be given to the landowner or operator when appropriate. The resolution of a complaint is the completion of the appropriate administrative, jurisdictional, or legal remedies to the extent possible by the Department. The complainant shall be notified in writing within seven (7) working days after resolution of the complaint.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 2, &sect; 2, operative July 1, 1961. Amended by Laws 1965, c. 298, &sect; 1; Laws 1965, c. 509, &sect; 1, emerg. eff. July 20, 1965; Laws 1968, c. 105, &sect; 1, emerg. eff. April 1, 1968; Laws 1970, c. 111, &sect; 1; Laws 1977, c. 98, &sect; 5; Laws 1984, c. 156, &sect; 2, eff. Nov. 1, 1984; Laws 1986, c. 285, &sect; 2, eff. Nov. 1, 1986; Laws 2000, c. 367, &sect; 11, emerg. eff. June 6, 2000; Laws 2002, c. 383, &sect; 2, eff. July 1, 2002; Laws 2003, c. 410, &sect; 1; Laws 2004, c. 109, &sect; 1; Laws 2005, c. 42, &sect; 1, eff. July 1, 2005; Laws 2011, c. 287, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: A former &sect; 3-82 of this title was repealed by Laws 1961, p. 3, &sect; 7, operative July 1, 1961.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-82.1. Unwanted Pesticide Disposal Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a fund for the State Board of Agriculture to be designated the State Department of Agriculture &ldquo; Unwanted Pesticide Disposal Fund&rdquo;. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 42, &sect; 2, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-83. Keeping of records &ndash; Board audits.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 2, &sect; 3. Amended by Laws 1967, c. 278, &sect; 1, emerg. eff. May 8, 1967; Laws 1977, c. 98, &sect; 6; Laws 1984, c. 156, &sect; 3, eff. Nov. 1, 1984; Laws 2000, c. 367, &sect; 12, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-84. Declaration of pest &ndash; Rules - Requirements.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 3, &sect; 4, operative July 1, 1961. Amended by Laws 1965, c. 324, &sect; 1, emerg. eff. June 28, 1965; Laws 1977, c. 98, &sect; 7; Laws 2000, c. 367, &sect; 13, emerg. eff. June 6, 2000; Laws 2004, c. 109, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-85. Enforcement - Rules and standards &ndash; Examination, notice and seizure &ndash; Exceptions - Environmental jurisdiction &ndash; Compliance with federal law.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The rules and standards shall conform, at a minimum, to existing state law, and to the Federal Insecticide, Fungicide and Rodenticide Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s finding shall be considered prima facie evidence that a violation has occurred.&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls5"><span class="cls0">(6)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;The concentration of an active ingredient for a pesticide concentrate in fertilizer and pesticide mixtures, pressed blocks and nonuniform 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:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;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 Oklahoma Department of Agriculture, Food, and Forestry:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls5"><span class="cls0">(6)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;the termiticide Torpedo shall have a soil residue threshold level of at least sixty-three (63) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;the termiticide Tribute shall have a soil residue threshold level of at least one hundred fifty (150) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;the termiticide Prevail FT shall have a soil residue threshold level of at least forty-six (46) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;the termiticide Demon TC shall have a soil residue threshold level of at least twenty-eight (28) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;the termiticide Dragnet FT shall have a soil residue threshold level of at least eighty-five (85) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(6)&nbsp;&nbsp;the termiticide Dursban TC shall have a soil residue threshold level of at least fifty-one (51) ppm, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(7)&nbsp;&nbsp;the termiticide Premise shall have a soil residue threshold level of at least ten (10) ppm.&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;the termiticide Torpedo shall have a soil residue threshold level of at least ninety (90) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;the termiticide Tribute shall have a soil residue threshold level of at least two hundred four (204) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;the termiticide Prevail FT shall have a soil residue threshold level of at least sixty-four (64) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;the termiticide Demon TC shall have a soil residue threshold level of at least forty-one (41) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;the termiticide Dragnet FT shall have a soil residue threshold level of at least ninety-seven (97) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(6)&nbsp;&nbsp;the termiticide Dursban TC shall have a soil residue threshold level of at least one hundred (100) ppm, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(7)&nbsp;&nbsp;the termiticide Premise shall have a soil residue threshold level of at least ten (10) ppm.&nbsp;</span></p> <p class="cls3"><span class="cls0">g.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;the termiticide Torpedo shall have a soil residue threshold level of at least sixty-three (63) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;the termiticide Tribute shall have a soil residue threshold level of at least one hundred fifty (150) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;the termiticide Prevail FT shall have a soil residue threshold level of at least forty-six (46) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;the termiticide Demon TC shall have a soil residue threshold level of at least twenty-eight (28) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;the termiticide Dragnet FT shall have a soil residue threshold level of at least eighty-five (85) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(6)&nbsp;&nbsp;the termiticide Dursban TC shall have a soil residue threshold level of at least fifty-one (51) ppm, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(7)&nbsp;&nbsp;the termiticide Premise shall have a soil residue threshold level of at least ten (10) ppm.&nbsp;</span></p> <p class="cls3"><span class="cls0">h.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;the termiticide Torpedo shall have a soil residue threshold level of at least sixty-eight (68) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;the termiticide Tribute shall have a soil residue threshold level of at least one hundred fifty three (153) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;the termiticide Prevail FT shall have a soil residue threshold level of at least forty-eight (48) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;the termiticide Demon TC shall have a soil residue threshold level of at least thirty-one (31) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;the termiticide Dragnet FT shall have a soil residue threshold level of at least seventy-three (73) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(6)&nbsp;&nbsp;the termiticide Dursban TC shall have a soil residue threshold level of at least seventy-five (75) ppm, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(7)&nbsp;&nbsp;the termiticide Premise shall have a soil residue threshold level of at least five (5) ppm.&nbsp;</span></p> <p class="cls7"><span class="cls0">i.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;the termiticide Torpedo shall have a soil residue threshold level of at least forty-seven (47) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;the termiticide Tribute shall have a soil residue threshold level of at least one hundred thirteen (113) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;the termiticide Prevail FT shall have a soil residue threshold level of at least thirty-five (35) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;the termiticide Demon TC shall have a soil residue threshold level of at least twenty-one (21) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(5)&nbsp;&nbsp;the termiticide Dragnet FT shall have a soil residue threshold level of at least sixty-four (64) ppm,&nbsp;</span></p> <p class="cls5"><span class="cls0">(6)&nbsp;&nbsp;the termiticide Dursban TC shall have a soil residue threshold level of at least thirty-eight (38) ppm, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(7)&nbsp;&nbsp;the termiticide Premise shall have a soil residue threshold level of at least five (5) ppm.&nbsp;</span></p> <p class="cls3"><span class="cls0">j.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 Oklahoma Department of Agriculture, Food, and Forestry in any county of the state where it may be found and if:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;in the case of a device, it is misbranded.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">5. The court may direct that the pesticide or article be delivered to the owner for relabeling or reprocessing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. EXCEPTION &ndash; The fines provided for violations of this subarticle may not apply to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Public officials of this state and of the Federal Government engaged in the performance of official duties;&nbsp;</span></p> <p><span class="cls0">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 &ldquo;for experimental use only - not to be sold&rdquo;, together with the manufacturer&rsquo;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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">H. 1. The Department of Environmental Quality shall have environmental jurisdiction over:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;slaughterhouses, but not including feedlots at these facilities, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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; and&nbsp;</span></p> <p><span class="cls0">2. Facilities which store grain, feed, seed, fertilizer, and agricultural chemicals that are required by federal National Pollutant Discharge Elimination Systems (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 such storm water discharges.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 3, &sect; 5, operative July 1, 1961. Amended by Laws 1977, c. 98, &sect; 8; Laws 1984, c. 156, &sect; 4, eff. Nov. 1, 1984; Laws 1992, c. 229, &sect; 2, emerg. eff. May 19, 1992; Laws 2000, c. 367, &sect; 14, emerg. eff. June 6, 2000; Laws 2005, c. 64, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 201, &sect; 2, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-86. Denial, suspension, cancellation, revocation or nonrenewal of license, certificate or identification &ndash; Violations - Penalties.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. A person has negligently used methods or pesticides that are ineffective or improper for the purpose for which they have been employed; &nbsp;</span></p> <p><span class="cls0">3. A person has operated in a negligent manner, thereby causing a pesticide to drift off-target;&nbsp;</span></p> <p><span class="cls0">4. A person has used a pesticide in a manner inconsistent with its labeling unless prior written approval has been obtained from the Board;&nbsp;</span></p> <p><span class="cls0">5. 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;&nbsp;</span></p> <p><span class="cls0">6. Any violation of state law or rules or standards prescribed by the Board;&nbsp;</span></p> <p><span class="cls0">7. The issuance of an inaccurate, misleading, or fraudulent wood infestation report;&nbsp;</span></p> <p><span class="cls0">8. Failure or refusal to keep and maintain complete and accurate records as specified in this subarticle;&nbsp;</span></p> <p><span class="cls0">9. 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;&nbsp;</span></p> <p><span class="cls0">10. Failure or refusal to pay by the specified date any fees, fines, or penalties authorized under this subarticle;&nbsp;</span></p> <p><span class="cls0">11. 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;&nbsp;</span></p> <p><span class="cls0">12. Failure to perform work according to minimum standards authorized by this subarticle except as agreed by all parties in writing in the contract;&nbsp;</span></p> <p><span class="cls0">13. Falsely stating that a person is employed by or represents another person;&nbsp;</span></p> <p><span class="cls0">14. 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;&nbsp;</span></p> <p><span class="cls0">15. 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;&nbsp;</span></p> <p><span class="cls0">16. 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;&nbsp;</span></p> <p><span class="cls0">17. Any person to act or operate as a private applicator unless the person has obtained a valid private applicator license issued by the Board;&nbsp;</span></p> <p><span class="cls0">18. 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;&nbsp;</span></p> <p><span class="cls0">19. Failure to correct substandard work within twenty (20) calendar days of written notification unless an extension has been granted in writing by the Board; &nbsp;</span></p> <p><span class="cls0">20. Failure to comply with the Worker Protection Standard as defined in the Code of Federal Regulations 40 CFR 170;&nbsp;</span></p> <p><span class="cls0">21. Failure to comply with the provisions of a citation, stop work order, or stop sale order issued by the Board; or&nbsp;</span></p> <p><span class="cls0">22. Any other proper cause.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. A pesticide unless it is in the registrant&rsquo;s or the manufacturer&rsquo;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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the name and address of the manufacturer, registrant, or person for whom manufactured,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the name, brand, or trademark under which the article is sold, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;the net weights or measures of the content subject to reasonable variations as the Board shall permit;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the skull and crossbones,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the word &ldquo;DANGER&rdquo; prominently in red, on a background of distinctly contrasting color, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;a statement of an antidote for the pesticide;&nbsp;</span></p> <p><span class="cls0">4. An adulterated or misbranded pesticide or device;&nbsp;</span></p> <p><span class="cls0">5. That any person intends to or has distributed, sold, stored, or used any pesticide or device in a manner inconsistent with its labeling;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">10. A person has made any false statement or representation in the person&rsquo;s application for issuance or renewal of a permit;&nbsp;</span></p> <p><span class="cls0">11. A person has failed or refused to pay by the specified date any fees, fines, or penalties authorized under the Oklahoma Agricultural Code;&nbsp;</span></p> <p><span class="cls0">12. A person has failed to comply with the provisions of a citation, stop work order, or stop sale order issued by the Board;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">15. A person has violated the state law or rules promulgated by the Board pursuant thereto;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">17. A person determined by the Board to have violated any provision of this subarticle or rules promulgated by the Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 3, &sect; 6, operative July 1, 1961. Amended by Laws 1977, c. 98, &sect; 9; Laws 1984, c. 156, &sect; 5, eff. Nov. 1, 1984; Laws 1986, c. 285, &sect; 3, eff. Nov. 1, 1986; Laws 2000, c. 367, &sect; 15, emerg. eff. June 6, 2000; Laws 2004, c. 109, &sect; 3; Laws 2012, c. 113 &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: A former &sect; 3-86 of this title was repealed by Laws 1961, p. 3, &sect; 7, operative July 1, 1961.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-89. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-90. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-91. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-92. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-93. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-94. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;s-3-95. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-96. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-100. Short title.&nbsp;</span></p> <p><span class="cls0">This subarticle shall be known and may be cited as the Oklahoma Apiary Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 259, &sect; 1, operative July 1, 1988. Amended by Laws 2000, c. 367, &sect; 16, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-100.1. Definitions.&nbsp;</span></p> <p><span class="cls0">For purposes of the Oklahoma Apiary Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Abandoned apiary&rdquo; means any apiary not regularly attended in accordance with good beekeeping practices;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Africanized honeybee&rdquo; or &ldquo;Apis mellifers scutellata&rdquo; means a hybridized bee of African descent that at any stage of development is considered a pest to bees, humans, and animals;&nbsp;</span></p> <p><span class="cls0">3. "Apiary" means a place where one or more colonies or nuclei of bees are kept;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. "Beekeeper" means a person who owns, possesses, controls, or manages one or more colonies of bees for any purpose;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Bee disease&rdquo; means an abnormal condition of the eggs, larvae, pupae, or adult stages of bees that impairs normal functioning;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Certificate of inspection&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Feral colony&rdquo; means any colony that is not managed according to good beekeeping practices;&nbsp;</span></p> <p><span class="cls0">11. "Hive" means any domicile for keeping bees;&nbsp;</span></p> <p><span class="cls0">12. "Honey house" means any room in any building where honey is extracted, stored in raw form, processed, or packaged;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">14. &ldquo;Nucleus&rdquo; means any division or portion of a colony that contains comb and bees;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">16. "Pollination" means the use of bees for the transfer of pollen in crops;&nbsp;</span></p> <p><span class="cls0">17. "Premise" means any place where bees, colonies, hive, apiary equipment, or honey may be located including, but not limited to, apiaries; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 259, &sect; 2, operative July 1, 1988. Amended by Laws 2000, c. 367, &sect; 17, emerg. eff. June 6, 2000; Laws 2005, c. 135, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-101. Enforcement of act - Powers of Board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The Board shall have the authority to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Issue certificates of inspection;&nbsp;</span></p> <p><span class="cls0">3. Issue entry permits to any person transporting bees or apiary equipment into this state;&nbsp;</span></p> <p><span class="cls0">4. Investigate complaints and violations of the Oklahoma Apiary Act and rules promulgated pursuant thereto;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 17, art. 3(F), &sect; 1, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, &sect; 3, operative July 1, 1988; Laws 2000, c. 367, &sect; 18, emerg. eff. June 6, 2000; Laws 2005, c. 135, &sect; 2, eff. Nov. 1, 2005; Laws 2013, c. 118, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-103. Quarantine &ndash; Declaration of bee disease or pest - Order to destroy.&nbsp;</span></p> <p><span class="cls0">A. Upon the discovery of any bee disease or pest, a premise shall be quarantined by the Oklahoma Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Any person receiving a quarantine order shall immediately initiate any and all control measures specified in the quarantine.&nbsp;</span></p> <p><span class="cls0">D. The quarantine shall remain in effect until officially removed by the Department.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 17, art. 3(F), &sect; 3, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, &sect; 4, operative July 1, 1988; Laws 2000, c. 367, &sect; 19, emerg. eff. June 6, 2000; Laws 2005, c. 135, &sect; 3, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-106. Sales and transport of apiaries, equipment, bees, or hives.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 17, art. 3(F), &sect; 6, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, &sect; 5, operative July 1, 1988; Laws 2000, c. 367, &sect; 20, emerg. eff. June 6, 2000; Laws 2005, c. 135, &sect; 4, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-107. Repealed by Laws 2005, c. 135, &sect; 14, eff. Nov. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-113. Voluntary registration program &ndash; Location of new apiaries &ndash; Abandoned apiaries.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Any person establishing, maintaining, or locating an apiary within the state;&nbsp;</span></p> <p><span class="cls0">2. Any person shipping bees into the state; or&nbsp;</span></p> <p><span class="cls0">3. Migratory beekeepers that transport colonies of bees into the state.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The Board shall promulgate rules to establish and administer the voluntary registration program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 19, art. 3(F), &sect; 13, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, &sect; 7, operative July 1, 1988; Laws 1992, c. 290, &sect; 1, eff. Sept. 1, 1992; Laws 2000, c. 367, &sect; 22, emerg. eff. June 6, 2000; Laws 2005, c. 135, &sect; 5, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-114. Repealed by Laws 2005, c. 135, &sect; 14, eff. Nov. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-116. Certificate of inspection &ndash; Pollination or honey production colony inspection - Investigation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Apparently free of bee diseases or pests; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 19, art. 3(F), &sect; 16, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, &sect; 9, operative July 1, 1988; Laws 2000, c. 367, &sect; 24, emerg. eff. June 6, 2000; Laws 2005, c. 135, &sect; 6, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-117. Inspection fee - Inspection procedures.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Any inspections of an apiary performed at the request of a beekeeper shall be limited to availability of time and personnel.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 19, art. 3(F), &sect; 17, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, &sect; 10, operative July 1, 1988; Laws 2000, c. 367, &sect; 25, emerg. eff. June 6, 2000; Laws 2005, c. 135, &sect; 7, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-117.1. Requirements for transport of bees into state.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Information required on an entry form prescribed by the Department;&nbsp;</span></p> <p><span class="cls0">2. An entry inspection fee as established by the Department; and&nbsp;</span></p> <p><span class="cls0">3. A copy of the certificate of inspection issued from the state of origin.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The Department may inspect any bees or vehicles transporting bees entering the state at any time.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 135, &sect; 8, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-121. Violations.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful and a violation of the Oklahoma Apiary Act for any person:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. To rent a colony of bees to another and misrepresent the strength of a colony;&nbsp;</span></p> <p><span class="cls0">3. To fail to pay any fee, fine, or penalty as required and established by the Oklahoma Apiary Act or promulgated rules;&nbsp;</span></p> <p><span class="cls0">4. To retain Africanized honeybees except for approved research purposes pursuant to this act;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. To fail to comply with any State Board of Agriculture order; or&nbsp;</span></p> <p><span class="cls0">7. To violate any provision of the Oklahoma Apiary Act and the rules promulgated by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 19, art. 3(F), &sect; 21, emerg. eff. June 3, 1955. Amended by Laws 1988, c. 259, &sect; 11, operative July 1, 1988; Laws 2000, c. 367, &sect; 26, emerg. eff. June 6, 2000; Laws 2005, c. 135, &sect; 9, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-122. Hearing - Emergency order.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. The hearing shall be held by the Department within ten (10) days after receipt of the request.&nbsp;</span></p> <p><span class="cls0">4. On the basis of the hearing record, the Board shall affirm, revoke, or modify the order.&nbsp;</span></p> <p><span class="cls0">5. Any person aggrieved by the final order may appeal to the district court of the area affected within thirty (30) days.&nbsp;</span></p> <p><span class="cls0">6. The appeal when docketed shall have priority over all cases pending on the docket, except criminal.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 259, &sect; 12, operative July 1, 1988. Amended by Laws 2000, c. 367, &sect; 27, emerg. eff. June 6, 2000; Laws 2005, c. 135, &sect; 10, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-123. Retention of Africanized honeybees prohibited - Exception.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. All abandoned apiaries observed or captured in counties where Africanized honeybees have been detected shall be destroyed.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 135, &sect; 11, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-124. Certified Beekeeper Program - European Honeybee Certification Program.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Agriculture may promulgate rules to establish a Certified Beekeeper Program.&nbsp;</span></p> <p><span class="cls0">B. The Board may promulgate rules to establish and administer a voluntary European Honeybee Certification Program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 135, &sect; 12, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-125. Local laws on honeybee hives not authorized &ndash; Apiary zoning exception.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 135, &sect; 13, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-130. Tick eradication program - Funding.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Department of Agriculture, Food, and Forestry shall establish and maintain by November 1, 2006, a tick eradication program. Funding for this program shall be appropriated to the Department as directed by the Legislature.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 211, &sect; 21, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-141. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-142. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-143. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-144. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-171. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-201. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-202. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-203. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-204. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-205. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-206. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-207. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-208. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-209. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-210. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-211. Weed Free Hay Certification Act.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Weed Free Hay Certification Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 44, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-212. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Weed Free Hay Certification Act, unless otherwise stated:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Hay&rdquo; means any agricultural forage crop product whether cultivated or not cultivated, irrigated or nonirrigated, planted or naturally occurring;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Noxious weeds&rdquo; means those weeds, including any weed seed or propagative plant parts, designated by the State Board of Agriculture as noxious and are prohibited, and shall include those noxious weeds identified in Section 3-220 of Title 2 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Qualified inspector&rdquo; means a person qualified to identify noxious weeds pursuant to standards promulgated by the Board;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Weed free&rdquo; means any hay certified as free of noxious weeds; and&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Weed-free certification&rdquo; means hay inspected and certified as free of noxious weeds pursuant to standards adopted by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 44, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-213. Promulgation of rules.&nbsp;</span></p> <p><span class="cls0">The State Board of Agriculture shall promulgate rules to carry out the provisions of the Weed Free Hay Certification Act in accordance with the Administrative Procedures Act and shall include, but not be limited to, rules concerning:&nbsp;</span></p> <p><span class="cls0">1. Weeds designated as noxious are prohibited;&nbsp;</span></p> <p><span class="cls0">2. Procedures for certification of weed-free crops;&nbsp;</span></p> <p><span class="cls0">3. Qualification standards for persons seeking designation as qualified inspectors;&nbsp;</span></p> <p><span class="cls0">4. Crop inspection procedures;&nbsp;</span></p> <p><span class="cls0">5. Treatment procedures for the eradication of viable noxious weeds from crops;&nbsp;</span></p> <p><span class="cls0">6. Procedures for identifying and tracking certified weed-free crops; and&nbsp;</span></p> <p><span class="cls0">7. Reasonable fees for obtaining certification.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 44, &sect; 3, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-214. Inspector training cooperative agreements &ndash; Federal funding.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner of Agriculture may enter into cooperative agreements with Oklahoma State University for the purpose of training qualified inspectors in the identification of those plants designated as noxious weeds by the State Board of Agriculture.&nbsp;</span></p> <p><span class="cls0">B. For purposes of carrying out the provisions of the Weed Free Hay Certification Act, the Board may accept funds from any agency of the federal government and may cooperate and enter into agreements with any federal agency, any agency of another state, and any agency of this state or its political subdivisions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 44, &sect; 4, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-215. Weed-free certification &ndash; Inspection.&nbsp;</span></p> <p><span class="cls0">A. Any crop for which weed-free certification is sought shall be inspected in the field of origin and the inspection shall include an inspection of any ditches, fence rows, roads, easements, rights-of-way, and buffer zones, as applicable, surrounding the field of origin.&nbsp;</span></p> <p><span class="cls0">B. Crops containing any weeds designated as noxious may be certified if certain conditions established in rules by the State Board of Agriculture are met.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 44, &sect; 5, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-3-220. Noxious weeds - Eradication.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s land every year as shall be sufficient to prevent these thistles from going to seed.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Board shall:&nbsp;</span></p> <p><span class="cls0">1. Promulgate rules setting categories or degrees of infestation which would require specified treatment, control, or eradication;&nbsp;</span></p> <p><span class="cls0">2. Include musk, Scotch, and Canada thistles as prohibited noxious weed and weed seed pursuant to the Department&rsquo;s authority and responsibility under Article 8 of the Oklahoma Agricultural Code;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;information detailing the process by which an interested landowner may receive assistance pursuant to this subsection for the removal of thistles from infested property,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the telephone number of the Department, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 204, &sect; 1, eff. Sept. 1, 1994. Amended by Laws 1995, c. 49, &sect; 1, eff. Nov. 1, 1995; Laws 1998, c. 294, &sect; 1, eff. Nov. 1, 1998; Laws 1999, c. 239, &sect; 1, emerg. eff. May 27, 1999; Laws 2000, c. 11, &sect; 1, eff. Oct. 1, 2000; Laws 2000, c. 367, &sect; 28, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-251. Repealed by Laws 1990, c. 112, &sect; 1, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-252. Repealed by Laws 1990, c. 112, &sect; 1, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-253. Repealed by Laws 1990, c. 112, &sect; 1, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-254. Repealed by Laws 1990, c. 112, &sect; 1, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-255. Repealed by Laws 1990, c. 112, &sect; 1, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-256. Repealed by Laws 1990, c. 112, &sect; 1, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-257. Repealed by Laws 1990, c. 112, &sect; 1, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-258. Repealed by Laws 1990, c. 112, &sect; 1, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-259. Repealed by Laws 1990, c. 112, &sect; 1, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-271. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-272. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-273. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-274. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-275. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-276. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-277. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-278. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-301. Repealed by Laws 1990, c. 112, &sect; 2, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-302. Repealed by Laws 1990, c. 112, &sect; 2, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-303. Repealed by Laws 1990, c. 112, &sect; 2, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-304. Repealed by Laws 1990, c. 112, &sect; 2, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-305. Repealed by Laws 1990, c. 112, &sect; 2, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-306. Repealed by Laws 1990, c. 112, &sect; 2, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-307. Repealed by Laws 1990, c. 112, &sect; 2, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-308. Repealed by Laws 1990, c. 112, &sect; 2, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-309. Repealed by Laws 1990, c. 112, &sect; 2, emerg. eff. April 23, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;2-3-310. Castor bean production - Ricin.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person to plant, nurture or otherwise commercially produce castor beans containing the toxin ricin in this state.&nbsp;</span></p> <p><span class="cls0">B. Any person violating the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not exceeding Five Hundred Dollars ($500.00).&nbsp;</span></p> <p><span class="cls0">C. Provisions of this section shall be enforced by the Oklahoma Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 5, &sect; 1, emerg. eff. April 2, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-3-311. Castor bean transportation - Ricin.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful to transport castor beans in quantities of more than fifty (50) pounds containing the toxin ricin within this state.&nbsp;</span></p> <p><span class="cls0">B. Any person violating the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not exceeding Five Hundred Dollars ($500.00).&nbsp;</span></p> <p><span class="cls0">C. Provisions of this section shall be enforced by the Oklahoma Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 4, &sect; 1, emerg. eff. April 2, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-1. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-4-2. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of this article:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Animal&rdquo; or &ldquo;livestock&rdquo; means any cattle, horse, or mule; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Brand&rdquo; 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 &ldquo;cold&rdquo; or &ldquo;freeze&rdquo; branding, and includes the location on the animal. The term means both the mark and location &nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 31, art. 4, &sect; 2. Amended by Laws 1965, c. 199, &sect; 1; Laws 1968, c. 10, &sect; 1, emerg. eff. Feb. 6, 1968; Laws 2000, c. 243, &sect; 27, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-3. Approval of brands - Certificates - Conflicts - Brand book.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 31, art. 4, &sect; 3. Amended by Laws 2000, c. 243, &sect; 28, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-4. Custodian of county brand books - Certified copies - Fees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 31, art. 4, &sect; 4. Amended by Laws 2000, c. 243, &sect; 29, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-5. Application for registration - Fees - Contents.&nbsp;</span></p> <p><span class="cls0">A. Any application for the registration of a brand shall be:&nbsp;</span></p> <p><span class="cls0">1. On a form prescribed by the State Board of Agriculture; and&nbsp;</span></p> <p><span class="cls0">2. Accompanied by a fee of Twenty Dollars ($20.00) for each brand.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The applicant shall list at least three distinct brands and three locations in the preferred order.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 31, art. 4, &sect; 5. Amended by Laws 1965, c. 476, &sect; 1; Laws 1977, c. 28, &sect; 1; Laws 1984, c. 15, &sect; 16, eff. Jan. 1, 1985; Laws 1994, c. 117, &sect; 1; Laws 2000, c. 243, &sect; 30, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-6. Use of unregistered brands - Duplication.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, &ldquo;duplication&rdquo; means the use of a similar brand in any location on the animal designated for a registered brand.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 31, art. 4, &sect; 6. Amended by Laws 2000, c. 243, &sect; 31, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-7. Publication of revised book - Reregistration - Fees - Copies to officials.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Agriculture shall publish a revised Brand Book at least every five (5) years. Supplements may be published as necessary.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 31, art. 4, &sect; 7. Amended by Laws 1965, c. 475, &sect; 1; Laws 1977, c. 28, &sect; 2; Laws 1989, c. 40, &sect; 1, operative July 1, 1989; Laws 1994, c. 117, &sect; 2; Laws 2000, c. 243, &sect; 32, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-8. Brands in current edition as prima facie evidence of ownership.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 32, art. 4, &sect; 8. Amended by Laws 2000, c. 243, &sect; 33, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-9. Questionable ownership of animals at markets - Withholding of funds pending determination.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 32, art. 4, &sect; 9. Amended by Laws 2000, c. 243, &sect; 34, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-10. Brands reserved to state.&nbsp;</span></p> <p><span class="cls0">The state reserves the brands of &ldquo;B&rdquo;, &ldquo;T&rdquo;, and &ldquo;A&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 32, art. 4, &sect; 10, emerg. eff. June 3, 1955. Amended by Laws 1965, c. 450, &sect; 1; Laws 1996, c. 138, &sect; 2, emerg. eff. May 1, 1996; Laws 2000, c. 243, &sect; 35, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-11. Brands in current edition subject to sale, transfer, etc. - Recording - Fees.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 32, art. 4, &sect; 11. Amended by Laws 1994, c. 117, &sect; 3; Laws 2000, c. 243, &sect; 36, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-12. Sale of branded livestock - Written transfer of ownership.&nbsp;</span></p> <p><span class="cls0">All persons selling livestock with a registered brand shall upon request provide a written transfer of ownership to the purchaser.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 32, art. 4, &sect; 12. Amended by Laws 2000, c. 243, &sect; 37, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-13. &ldquo;Dog Iron&rdquo; brand.&nbsp;</span></p> <p><span class="cls0">The brand known as the &ldquo;Dog Iron&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 32, art. 4, &sect; 13. Amended by Laws 2000, c. 243, &sect; 38, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-4-14. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-4-20. Animal Identification Program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Enhance disease preparedness by rapidly identifying animals exposed to disease, thus allowing quick detection, containment, and elimination of disease threats;&nbsp;</span></p> <p><span class="cls0">2. Promote continued confidence in animal products and to protect the health status of Oklahoma&rsquo;s herds and flocks;&nbsp;</span></p> <p><span class="cls0">3. Identify infected and exposed premises, animals, and groups of animals;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">5. Be dynamic and flexible, and incorporate new and proven technologies as they become available.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. The United States Congress enacts requirements for a national animal identification or premises registration system; or&nbsp;</span></p> <p><span class="cls0">3. Another state establishes requirements for animal identification or premises registration affecting the importation of livestock from Oklahoma.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Premises identification;&nbsp;</span></p> <p><span class="cls0">2. Individual animal identification;&nbsp;</span></p> <p><span class="cls0">3. Group and lot animal identification;&nbsp;</span></p> <p><span class="cls0">4. Specifications and standards for the identification technologies used to track and trace animal movements;&nbsp;</span></p> <p><span class="cls0">5. Record keeping; and&nbsp;</span></p> <p><span class="cls0">6. Protecting and improving the health of Oklahoma livestock and food animals.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Federal law requires the information for a National Animal Identification program;&nbsp;</span></p> <p><span class="cls0">2. The Department deems release of confidential information to other state and federal agencies is necessary for disease control and disease traceback;&nbsp;</span></p> <p><span class="cls0">3. The information is needed to assist law enforcement officials in livestock recovery and theft investigations; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">H. A court shall quash any subpoena commanding the disclosure of confidential information or records of the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 544, &sect; 1, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-1. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;25-1.1. Agribusiness assistance and services to farmers, ranchers and other agriculturalrelated parties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 208, &sect; 7, operative July 1, 1987. Amended by Laws 1987, c. 236, &sect; 49, emerg. eff. July 20, 1987; Laws 1988, c. 309, &sect; 8, operative July 1, 1988; Laws 2001, c. 146, &sect; 78, emerg. eff. April 30, 2001. Renumbered from &sect; 1603 of this title by Laws 2001, c. 146, &sect; 254, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-2. Program of marketing services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 33, art. 5(A), &sect; 2. Amended by Laws 2000, c. 243, &sect; 39, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-2.1. Market reports.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 92, art. 9(E), &sect; 1. Amended by Laws 2000, c. 243, &sect; 110, emerg. eff. May 24, 2000. Renumbered from &sect; 9-151 of this title by Laws 2001, c. 146, &sect; 265, emerg. eff. April 30, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-3. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-3.1. Short title &ndash; Oklahoma Agriculture Enhancement and Diversification Program.&nbsp;</span></p> <p><span class="cls0">A. The provisions of this act shall be known and may be cited as the &ldquo;Oklahoma Agriculture Enhancement and Diversification Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. Pursuant to the Oklahoma Agriculture Enhancement and Diversification Act, there is hereby created the &ldquo;Oklahoma Agriculture Enhancement and Diversification Program&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 157, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-3.2. Purpose and categories of Oklahoma Agriculture Enhancement and Diversification Program.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Agriculture is hereby authorized to establish and administer the Oklahoma Agriculture Enhancement and Diversification Program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Program shall consist of the following categories:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;focused research which enhances the value of an agricultural product or by-product,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;feasibility studies,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;product development costs, and&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;projects that are driven by an entrepreneur or the industry.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Agriculture shall promulgate rules governing the Oklahoma Agriculture Enhancement and Diversification Program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 157, &sect; 2, eff. Nov. 1, 1999. Amended by Laws 2013, c. 118, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-3.3. Oklahoma Agriculture Enhancement and Diversification Fund &ndash; Monies received and deposited &ndash; Appropriation and expenditure.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Agriculture Enhancement and Diversification Fund shall consist of:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. Interest attributable to investment of money in the fund.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 157, &sect; 3, eff. Nov. 1, 1999. Amended by Laws 2012, c. 304, &sect; 4.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-3.4. Grants or loan funds &ndash; Applications &ndash; Evaluation criteria &ndash; Proprietary information.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Commissioner of Agriculture may also allocate monies from the fund to eligible applicants on a matching basis.&nbsp;</span></p> <p><span class="cls0">D. Grant or loan funds may be made available to eligible applicants pursuant to evaluation by the Department based on the following criteria:&nbsp;</span></p> <p><span class="cls0">1. Preference will be given to the applicants whose:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;industrial and nonfood production processes utilize agricultural products,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;food, feed and fiber products and uses are innovative and add to the value of agricultural products,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;applications demonstrate a high probability of job creation and return-on-investment,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;proposals feature research that is innovative as well as commercially plausible,&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;proposals demonstrate a high probability of rapid commercialization,&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;projects demonstrate a shared commitment for funding from other private or public sources or from the applicant,&nbsp;</span></p> <p class="cls3"><span class="cls0">g.&nbsp;&nbsp;proposals center efforts on nonurban locales,&nbsp;</span></p> <p class="cls3"><span class="cls0">h.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">i.&nbsp;&nbsp;proposals must contain the potential to create additional income for the farm unit, and&nbsp;</span></p> <p class="cls3"><span class="cls0">j.&nbsp;&nbsp;proposals must provide for new and innovative plans for marketing the product; and&nbsp;</span></p> <p><span class="cls0">2. Consideration shall not be given to applications for:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;research or marketing plans which do not clearly meet the stated objectives of the Oklahoma Agriculture Enhancement and Diversification Act,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;proposals which are aimed solely at business expansion or creation without regard to agricultural products utilization, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. Executive sessions may be held to discuss such materials if deemed necessary by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 157, &sect; 4, eff. Nov. 1, 1999. Amended by Laws 2000, c. 367, &sect; 29, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-3.5. Repealed by Laws 2013, c. 118, &sect; 25, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-4. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-5. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-6. Marketing information and news services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 33, art. 5(A), &sect; 6. Amended by Laws 2000, c. 243, &sect; 40, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-7. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-8. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-9. "Made in Oklahoma" and "Grown in Oklahoma" program - Specifications.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Agriculture shall initiate and operate a &ldquo;Made in Oklahoma&rdquo; and a &ldquo;Grown in Oklahoma&rdquo; program for the purpose of promoting foods, products, and services produced within Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. The programs shall be designed to:&nbsp;</span></p> <p><span class="cls0">1. Increase consumer awareness by identifying foods, products, or services with a &ldquo;Made in Oklahoma&rdquo; or a &ldquo;Grown in Oklahoma&rdquo; logo;&nbsp;</span></p> <p><span class="cls0">2. Increase purchase of Oklahoma foods, products, and services by Oklahomans and by out-of-state persons;&nbsp;</span></p> <p><span class="cls0">3. Expand and develop new markets for Oklahoma-made foods, products, and services;&nbsp;</span></p> <p><span class="cls0">4. Attract needed materials to Oklahoma processors; and&nbsp;</span></p> <p><span class="cls0">5. Educate consumers about Oklahoma foods, products, and services through an extensive and informative public relations campaign.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 11, &sect; 1, eff. Sept. 1, 1991. Amended by Laws 2000, c. 243, &sect; 13, emerg. eff. May 24, 2000. Renumbered from &sect; 2-11a of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-10. "Made in Oklahoma" and "Grown in Oklahoma" program - Powers and duties of State Department of Agriculture.&nbsp;</span></p> <p><span class="cls0">A. To implement the Made in Oklahoma Program and the Grown in Oklahoma Program, the State Department of Agriculture shall:&nbsp;</span></p> <p><span class="cls0">1. Design a &ldquo;Made in Oklahoma&rdquo; logo and a &ldquo;Grown in Oklahoma&rdquo; logo for use by Oklahoma processors, providers, or growers;&nbsp;</span></p> <p><span class="cls0">2. Establish standards and requirements for logos;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Establish a task force to assist in ascertaining strengths and weaknesses of the program;&nbsp;</span></p> <p><span class="cls0">5. Cooperate with other state agencies and other organizations as needed in development of the program;&nbsp;</span></p> <p><span class="cls0">6. Foster conferences, institutes, and exhibits on Oklahoma-made products and services or Oklahoma-grown foods;&nbsp;</span></p> <p><span class="cls0">7. Publish reports, surveys, news bulletins, or other materials pertaining to its findings, recommendations, and work; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Department may apply for, accept, and use any gift, grant, or bequest from any source for the purpose of discharging its duties.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 11, &sect; 2, eff. Sept. 1, 1991. Amended by Laws 2000, c. 243, 14, emerg. eff. May 24, 2000. Renumbered from &sect; 2-11b of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-11. Identification of needs of state entities - Cooperation with producers, Office of Management and Enterprise Services, and State Purchasing Director.&nbsp;</span></p> <p><span class="cls0">A. As part of the "Made in Oklahoma" and "Grown in Oklahoma" programs established within the Oklahoma Department of Agriculture, Food, and Forestry, the Department, in cooperation with the Office of Management and Enterprise 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.&nbsp;</span></p> <p><span class="cls0">B. The Department shall serve as a communication link between the producers of Oklahoma agricultural products and the Office of Management and Enterprise 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.&nbsp;</span></p> <p><span class="cls0">C. The Department, the Office of Management and Enterprise 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.&nbsp;</span></p> <p><span class="cls0">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 Office of Management and Enterprise Services and the State Purchasing Director or directly with the state, local, or federal entity needing the agricultural products.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 65, &sect; 1, emerg. eff. April 8, 1998. Amended by Laws 2000, c. 243, &sect; 15, emerg. eff. May 24, 2000. Renumbered from &sect; 2-11c of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000. Amended by Laws 2012, c. 304, &sect; 5.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-12. Oklahoma Agritourism Program.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Department of Agriculture, Food, and Forestry shall operate an &ldquo;Oklahoma Agritourism Program&rdquo; for the purpose of stimulating economic growth and viability in rural communities by promoting and fostering agritourism ventures within Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Agritourism Program of the Oklahoma Department of Agriculture, Food, and Forestry shall:&nbsp;</span></p> <p><span class="cls0">1. Foster conferences, institutes, and exhibits on agritourism opportunities;&nbsp;</span></p> <p><span class="cls0">2. Publish reports, surveys, news bulletins, or other materials pertaining to its findings, recommendations, and work;&nbsp;</span></p> <p><span class="cls0">3. Utilize existing Department resources and related programs;&nbsp;</span></p> <p><span class="cls0">4. Cooperate with the Oklahoma Tourism and Recreation Department, the Oklahoma Department of Commerce and the Oklahoma State University Cooperative Extension Service as needed in development and operation of the Program; and&nbsp;</span></p> <p><span class="cls0">5. Facilitate an independent agritourism organization.&nbsp;</span></p> <p><span class="cls0">C. The Department may apply for, accept, and use any gift, grant, or bequest from any source for the purpose of discharging its duties.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 7, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-13. Agritourism Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a fund to be known as the &ldquo;Agritourism Revolving Fund&rdquo;. 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 Section 1 of this act or any law or agreement shall be deposited in the fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Board shall have authority to employ and pay out of the fund personnel as needed or required to conduct authorized services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 7, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-14. Short title &ndash; Oklahoma Agritourism Activities Liability Limitations Act.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Oklahoma Agritourism Activities Liability Limitations Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 27, &sect; 1, emerg. eff. April 12, 2013.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-15. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Agritourism Activities Liability Limitations Act:&nbsp;</span></p> <p><span class="cls0">1. "Agritourism activity" means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity;&nbsp;</span></p> <p><span class="cls0">2. "Agritourism professional" means any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation and whose agritourism activity is registered with the Oklahoma Department of Agriculture, Food, and Forestry;&nbsp;</span></p> <p><span class="cls0">3. "Inherent risks of agritourism activity" means those dangers or conditions that are an integral part of an agritourism activity including certain hazards, surface and subsurface conditions, natural conditions of land, vegetation, and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity; and&nbsp;</span></p> <p><span class="cls0">4. "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 27, &sect; 2, emerg. eff. April 12, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-16. Liability of agritourism professionals and exceptions.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B of this section, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, so long as the warning contained in Section 4 of this act is posted as required and, except as provided in subsection B of this section, no participant or participant's representative can maintain an action against or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities. In any action for damages against an agritourism professional for agritourism activity, the agritourism professional must plead the affirmative defense of assumption of the risk of agritourism activity by the participant.&nbsp;</span></p> <p><span class="cls0">B. Nothing in subsection A of this section prevents or limits the liability of an agritourism professional if the agritourism professional does any one or more of the following:&nbsp;</span></p> <p><span class="cls0">1. Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant;&nbsp;</span></p> <p><span class="cls0">2. Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant.&nbsp;</span></p> <p><span class="cls0">C. Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 27, &sect; 3, emerg. eff. April 12, 2013.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-17. Notice of warning.&nbsp;</span></p> <p><span class="cls0">A. Every agritourism professional shall post and maintain signs that contain the warning notice specified in subsection B of this section. The sign shall be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice shall consist of a sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, shall contain in clearly readable print the warning notice specified in subsection B of this section.&nbsp;</span></p> <p><span class="cls0">B. The signs and contracts described in subsection A of this section must contain the following notice of warning:&nbsp;</span></p> <p><span class="cls0">"WARNING&nbsp;</span></p> <p><span class="cls0">Under Oklahoma law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity."&nbsp;</span></p> <p><span class="cls0">C. Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an agritourism professional from invoking the privileges of immunity provided by the Oklahoma Agritourism Activities Liability Limitations Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 27, &sect; 4, emerg. eff. April 12, 2013.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-21. Renumbered as &sect; 10-71 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-21.1. Renumbered as &sect; 10-72 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-21.2. Renumbered as &sect; 10-73 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-22. Renumbered as &sect; 10-74 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-23. Renumbered as &sect; 10-75 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-24. Renumbered as &sect; 10-76 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-25. Renumbered as &sect; 10-77 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-25.1. Renumbered as &sect; 10-78 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-26. Renumbered as &sect; 10-79 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-27. Renumbered as &sect; 10-80 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-28. Renumbered as &sect; 10-81 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-29. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-30. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-47. Repealed by Laws 1990, c. 249, &sect; 11, eff. Jan. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-51. Repealed by Laws 1990, c. 249, &sect; 11, eff. Jan. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-52. Repealed by Laws 1990, c. 249, &sect; 11, eff. Jan. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-53. Repealed by Laws 1990, c. 249, &sect; 11, eff. Jan. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-54. Repealed by Laws 1990, c. 249, &sect; 11, eff. Jan. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-58. Repealed by Laws 1990, c. 249, &sect; 11, eff. Jan. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-59. Oklahoma Trade Development program &ndash; Establishment &ndash; Participating entities - Purpose.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Trade Development Center shall consider the following subjects:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The possibilities for value-added products to be derived from Oklahoma's renewable resources.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 106, &sect; 1, emerg. eff. May 22, 1987. Amended by Laws 2000, c. 243, &sect; 52, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-60. Industry Advisory Committee within Oklahoma Food and Agricultural Products Research and Technology Center - Members - Subcommittees &ndash; Compensation &ndash; Quorum - Assistance.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the &ldquo;Industry Advisory Committee&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">B. The Committee shall consist of sixteen (16) members as follows:&nbsp;</span></p> <p><span class="cls0">1. The Dean of the Division of Agricultural Sciences and Natural Resources of Oklahoma State University shall serve as an ex officio nonvoting member;&nbsp;</span></p> <p><span class="cls0">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 &ldquo;Made in Oklahoma&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Any vacancies in the appointed membership of the Industry Advisory Committee shall be filled in the same manner as the original appointment.&nbsp;</span></p> <p><span class="cls0">D. The Committee shall elect from among its members a chair, vice-chair, and any other officers that the Committee determines necessary.&nbsp;</span></p> <p><span class="cls0">E. The Committee shall meet at least biannually.&nbsp;</span></p> <p><span class="cls0">F. The Committee may appoint subcommittees as necessary to carry out its duties pursuant to this section.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">H. A majority of the members shall constitute a quorum.&nbsp;</span></p> <p><span class="cls0">I. The Oklahoma Food and Agricultural Products Research and Technology Center shall provide staff assistance for the Committee.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 87, &sect; 1, eff. July 1, 1996. Amended by Laws 2000, c. 243, &sect; 53, emerg. eff. May 24, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-60.1. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Oklahoma Farm to School Program Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 257, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.2. Legislative findings.&nbsp;</span></p> <p><span class="cls0">A. The Legislature recognizes that:&nbsp;</span></p> <p><span class="cls0">1. Farm to School Programs link schools and Oklahoma farms in order to provide schools with fresh and minimally processed farm commodities for inclusion in school meals and snacks, to help children develop healthy eating habits, and to improve Oklahoma farmers&rsquo; incomes and direct access to markets; and&nbsp;</span></p> <p><span class="cls0">2. The benefits of Farm to School Programs often include activities that provide students with hands-on learning opportunities, such as farm visits, cooking demonstrations, and school gardening and composting programs, and integrate nutrition and agriculture education into school curricula.&nbsp;</span></p> <p><span class="cls0">B. It is the intent of the Legislature that school districts encourage the implementation of the Oklahoma Farm to School Program, which will emphasize the purchase of locally and regionally produced foods in order to improve child nutrition and strengthen local and regional farm economies.&nbsp;</span></p> <p><span class="cls0">C. A successful statewide Farm to School Program will require the resources, expertise, and collaboration of a variety of state agencies, including the State Department of Education, the State Department of Health, the Oklahoma Department of Agriculture, Food, and Forestry, the Department of Human Services, and a nonprofit agency that has experience in Farm to School Programs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 257, &sect; 2, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-60.3. Oklahoma Farm to School Program &ndash; Agency staff to implement.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the Oklahoma Farm to School Program within the Oklahoma Department of Agriculture, Food, and Forestry. The Department shall employ a director to administer and monitor the programs and activities related to the Oklahoma Farm to School Program with the advice of and guidance of a nonprofit food policy council.&nbsp;</span></p> <p><span class="cls0">B. The following agencies shall make staff available to the Oklahoma Farm to School Program for the purpose of providing professional consultation and staff support to assist the implementation of this act:&nbsp;</span></p> <p><span class="cls0">1. Oklahoma Department of Agriculture, Food, and Forestry;&nbsp;</span></p> <p><span class="cls0">2. State Department of Health;&nbsp;</span></p> <p><span class="cls0">3. State Department of Education; and&nbsp;</span></p> <p><span class="cls0">4. Department of Human Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 257, &sect; 3, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.4. Duties of director.&nbsp;</span></p> <p><span class="cls0">The duties of the director shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. Identifying and promoting the critical components of individual Farm to School Programs and advising the agencies on needed actions and strategies to implement the Oklahoma Farm to School Program;&nbsp;</span></p> <p><span class="cls0">2. Establishing a partnership with public and nonprofit sources to implement a public engagement campaign and establish a structure to facilitate communication between farmers and school districts;&nbsp;</span></p> <p><span class="cls0">3. Providing leadership at the state level to encourage school districts to develop and improve school nutrition plans using locally grown farm-fresh products;&nbsp;</span></p> <p><span class="cls0">4. Conducting workshops, training sessions, and technical assistance to school food services directors, personnel, farmers, and produce distributors and processors regarding the demand for and the availability of Oklahoma farm products; and&nbsp;</span></p> <p><span class="cls0">5. Seeking grants from private donations and other funding sources.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 257, &sect; 4, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.5. Program web site.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Department of Agriculture, Food, and Forestry shall establish a Farm to School Program web site for the State of Oklahoma. A direct link to the Farm to School Program web site shall be maintained on the home pages of the State of Oklahoma, the State Department of Education, and the Oklahoma Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">B. The purpose of the Farm to School Program web site shall be to assist schools and farmers in the coordination of fresh food procurement.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 257, &sect; 5, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.6. Authority to promulgate rules.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Department of Agriculture, Food, and Forestry is authorized to promulgate rules as necessary to carry out the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 257, &sect; 6, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.10. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Oklahoma Agricultural Commodity Referendum Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 1, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.11. Purpose of act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Agriculture commodity producers boards established pursuant to the Oklahoma Agricultural Commodity Referendum Act shall not be agencies of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 2, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.12. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Agricultural Commodity Referendum Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Agricultural commodity&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Board&rdquo; means an agricultural commodity producers board;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Commissioner&rdquo; means the Commissioner of the State Department of Agriculture;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;District&rdquo; means a geographical area within the jurisdiction of a board;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Processor&rdquo; means a person who:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;is a purchaser, warehouseman, processor, or other commercial handler of an agricultural commodity, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Producer&rdquo; means a person engaged in the business of producing or causing to be produced for commercial purposes an agricultural commodity. The term &ldquo;producer&rdquo; includes the owner of a farm on which the commodity is produced and the owner&rsquo;s tenant or sharecropper;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Person&rdquo; means an individual, firm, corporation, association, or any other business entity;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Secretary-treasurer&rdquo; means the secretary-treasurer of a board;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Certified organization&rdquo; means the agricultural commodity entity certified by the State Department of Agriculture to conduct a referendum; and&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Volume of production&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 3, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.13. Petition for certification &ndash; Public hearing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The petition shall state:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the reasons for and the purposes of the commodity producers board,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the number of board members and board organization,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;the maximum assessment to be levied pursuant to an election, and&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;such other information required by the commissioner;&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 4, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.14. Commodity producers board &ndash; Ballot &ndash; Notice by publication &ndash; Written notice.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The date, hours, and polling places for voting in the referendum and election;&nbsp;</span></p> <p><span class="cls0">2. The estimated amount and basis of the assessment proposed to be collected;&nbsp;</span></p> <p><span class="cls0">3. Whether a producer exemption is to be allowed in accordance with Section 9 of this act; and&nbsp;</span></p> <p><span class="cls0">4. A description of the manner in which the assessment is to be collected and the proceeds administered and used.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 5, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.15. Conduct of election &ndash; Referendum &ndash; Eligibility to vote - Candidates.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. A producer of the agricultural commodity is eligible to vote in the election and referendum if:&nbsp;</span></p> <p><span class="cls0">1. The producer's production occurs within the state; and&nbsp;</span></p> <p><span class="cls0">2. The producer would be required under the referendum to pay the assessment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 6, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.16. Preparation and distribution of ballots - Contents.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The referendum provisions of the ballot shall specify a maximum rate for the authorized assessment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 7, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.17. Expenses - Reimbursement.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 8, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.18. Exemption from assessment.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Two-thirds or more of those voting in the election; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 9, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.19. Contest of election &ndash; Overstatement of volume of production.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 10, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.20. Determination of election results.&nbsp;</span></p> <p><span class="cls0">Upon receiving the report of the returns of an election and referendum, the Commissioner of the State Department of Agriculture shall determine:&nbsp;</span></p> <p><span class="cls0">1. The number of votes cast for and against the referendum proposition;&nbsp;</span></p> <p><span class="cls0">2. The total volume of production of the commodity during the relevant production period;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">4. The appropriate number of candidates receiving the highest number of votes for membership on the commodity producers board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 11, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.21. Certification of adoption of defeat of referendum proposition.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The referendum proposition will be adopted upon a finding that:&nbsp;</span></p> <p><span class="cls0">1. Two-thirds or more of those voting in the election voted in favor of the referendum proposition; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 12, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.22. Biennial board elections.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 13, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.23. Establishment of board upon certification of referendum results.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 14, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.24. Meeting and organization of board &ndash; Terms of office.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Each member holds office until a successor is elected and has qualified.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 15, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.25. Officers of board - Bond.&nbsp;</span></p> <p><span class="cls0">A. The commodity producers board shall elect from its members a chair, a secretary-treasurer, and other officers that it considers necessary.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The board shall fill any vacancy on the board by appointment for the unexpired term.&nbsp;</span></p> <p><span class="cls0">D. A majority vote of all members present is necessary for an action of the board to be valid.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 16, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.26. Powers and duties of board.&nbsp;</span></p> <p><span class="cls0">A. The commodity producers board shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Adopt rules as necessary to promptly and effectively administer the Oklahoma Agricultural Commodity Referendum Act;&nbsp;</span></p> <p><span class="cls0">3. Retain legal counsel as is required to fulfill the purposes of the Oklahoma Agricultural Commodity Referendum Act;&nbsp;</span></p> <p><span class="cls0">4. Sue and be sued;&nbsp;</span></p> <p><span class="cls0">5. Initiate prosecution and civil remedies necessary to collect any assessments due and owing to the commodity producers board;&nbsp;</span></p> <p><span class="cls0">6. Cooperate with local, state or national organizations, whether public or private, in carrying out the purposes of contracts as may be necessary;&nbsp;</span></p> <p><span class="cls0">7. Make such reasonable expenditures of funds as is necessary to carry out the provisions of the Oklahoma Agricultural Commodity Referendum Act;&nbsp;</span></p> <p><span class="cls0">8. Call and conduct such meetings and elections as may be necessary in carrying out the provisions of the Oklahoma Agricultural Commodity Referendum Act;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">12. Exercise such other powers as necessary to carry out the purposes of the Oklahoma Agricultural Commodity Referendum Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 17, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.27. Proposal and approval of budget &ndash; Audits &ndash; Reports &ndash; State budget and expenditure limitations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Accounts of the board are subject to audit by the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 18, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.28. Assessments, donations and grants &ndash; Purpose of expenditures.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Money received by the board may be expended for the purpose of implementing the provisions of the Oklahoma Agricultural Commodity Referendum Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 19, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.29. Collection of assessment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">F. No commodity shall be subject to the applicable fee more than once per growing season.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 20, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.30. Refund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 21, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.31. Increase of maximum rate of assessment &ndash; Abolition of assessment - Referendum.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">The referendum proposition will be adopted upon a finding that:&nbsp;</span></p> <p><span class="cls0">1. Two-thirds or more of those voting in the election voted in favor of the referendum proposition; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. The board shall conduct the referendum within ninety (90) days of the date of filing of the petition.&nbsp;</span></p> <p><span class="cls0">4. The proposition shall be approved if:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;two-thirds or more of those voting in the election voted in favor of the referendum proposition, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">C. If the proposition is approved, the assessment is abolished.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 22, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.32. Failure to remit assessment &ndash; Proceedings to recover.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 23, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.33. Violations &ndash; Injunction &ndash; Costs and attorney fees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 24, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-60.34. Exemption from requirements of act.&nbsp;</span></p> <p><span class="cls0">All commissions and assessments established before July 1, 1999, are exempt from the requirements and provisions of the Oklahoma Agricultural Commodity Referendum Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 123, &sect; 25, eff. July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-61a. Renumbered as &sect; 14-31 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61b. Renumbered as &sect; 14-32 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61c. Renumbered as &sect; 14-33 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61d. Renumbered as &sect; 14-34 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61e. Renumbered as &sect; 14-35 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61f. Renumbered as &sect; 14-36 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61g. Renumbered as &sect; 14-37 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61h. Renumbered as &sect; 14-38 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61i. Renumbered as &sect; 14-39 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61j. Renumbered as &sect; 14-40 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61k. Renumbered as &sect; 14-41 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61l. Renumbered as &sect; 14-42 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61m. Renumbered as &sect; 14-43 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-61n. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-62.1. Renumbered as &sect; 14-61 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-62.2. Renumbered as &sect; 14-62 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-62.3. Renumbered as &sect; 14-63 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-62.4. Renumbered as &sect; 14-64 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-62.5. Renumbered as &sect; 14-65 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-62.6. Renumbered as &sect; 14-66 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-62.7. Renumbered as &sect; 14-67 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-62.8. Renumbered as &sect; 14-68 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-62.9. Renumbered as &sect; 14-69 of this title by Laws 2000, c. 243, &sect; 126, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-62.10. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-71. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-72. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-73. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-74. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-75. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-76. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-77. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-78. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-79. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-80. Repealed by Laws 2000, c. 243, &sect; 125, emerg. eff. May 24, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-81. Short title - Purpose of program.&nbsp;</span></p> <p><span class="cls0">A. Sections 5-81 through 5-89 of this title shall be known and cited as the "Oklahoma Agricultural Linked Deposit Program".&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 182, &sect; 1, eff. Feb. 1, 1988. Amended by Laws 1997, c. 367, &sect; 1, eff. July 1, 1997; Laws 2001, c. 146, &sect; 100, emerg. eff. April 30, 2001. Renumbered from &sect; 1761 of this title by Laws 2001, c. 146, &sect; 258, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-82. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Agricultural Linked Deposit Program:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. "Agricultural Linked Deposit Loan Package" means the forms provided by the State Treasurer for the purpose of applying for an agricultural linked deposit;&nbsp;</span></p> <p><span class="cls0">4. "Alternative agricultural products" means those products included in a report submitted by the Cooperative Extension Service of Oklahoma State University to the Oklahoma Department of Agriculture, Food, and Forestry, 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;&nbsp;</span></p> <p><span class="cls0">5. "An at-risk farm or ranch business" shall be one that seeks a production loan and meets the following criteria:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;at least sixty percent (60%) of gross income derived from farming and/or ranching, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;a debt-to-asset ratio over forty percent (40%);&nbsp;</span></p> <p><span class="cls0">6. "Eligible agricultural business" means:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;any person engaged in producing, processing, or marketing alternative agricultural products,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;any person who is establishing a veterinary practice in which at least thirty percent (30%) of the practice consists of services for large animals and the total loan amount shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00),&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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, or&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;a healthy corner store as certified by the Oklahoma Department of Agriculture, Food, and Forestry;&nbsp;</span></p> <p><span class="cls0">7. "Eligible lending institution" means a financial institution that agrees to participate in the Oklahoma Agricultural Linked Deposit Program, and:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;is eligible to be a depository of state funds, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;is an institution of the farm credit system organized under the federal "Farm Credit Act of 1971", 12 U.S.C. 2001, as amended; and&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Healthy corner store&rdquo; means a grocery store certified by the Oklahoma Department of Agriculture, Food, and Forestry pursuant to rules adopted by the State Board of Agriculture that markets locally grown fresh fruits and vegetables and nutritious foods and for which the sale of beer and tobacco products constitutes less than ten percent (10%) of its gross sales excluding gasoline and other nongrocery products, such other requirements as may be established in rules adopted by the State Board of Agriculture, and that is located in a geographical area that is underserved by grocery outlets meeting those requirements.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 182, &sect; 2, eff. Feb. 1, 1988. Amended by Laws 1988, c. 3, &sect; 1, operative Feb. 1, 1988; Laws 1989, c. 248, &sect; 1, eff. Nov. 1, 1989; Laws 1997, c. 367, &sect; 2, eff. July 1, 1997; Laws 2001, c. 146, &sect; 101, emerg. eff. April 30, 2001. Renumbered from &sect; 1762 of this title by Laws 2001, c. 146, &sect; 258, emerg. eff. April 30, 2001. Amended by Laws 2001, c. 414, &sect; 1, eff. July 1, 2001; Laws 2009, c. 262, &sect; 1, eff. Nov. 1, 2009; Laws 2010, c. 119, &sect; 1, eff. July 1, 2010; Laws 2010, c. 311, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2001, c. 33, &sect; 1 repealed by Laws 2001, c. 414, &sect; 14, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;25-83. Report on diversification of Oklahoma's agriculture industry Alternative agricultural products.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 182, &sect; 3, eff. Feb. 1, 1988. Amended by Laws 2001, c. 146, &sect; 102, emerg. eff. April 30, 2001. Renumbered from &sect; 1763 of this title by Laws 2001, c. 146, &sect; 258, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-84. Dissemination of information about program.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall disseminate information about the Oklahoma Agricultural Linked Deposit Program to the agriculture industry in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 182, &sect; 4, eff. Feb. 1, 1988. Renumbered from &sect; 1764 of this title by Laws 2001, c. 146, &sect; 258, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;25-85. Administration of program Annual report.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 182, &sect; 5, eff. Feb. 1, 1988. Amended by Laws 2001, c. 146, &sect; 103, emerg. eff. April 30, 2001. Renumbered from &sect; 1765 of this title by Laws 2001, c. 146, &sect; 259, emerg. eff. April 30, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 Oklahoma Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">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 or a healthy corner store shall exceed Three Hundred Fifty Thousand Dollars ($350,000.00).&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. No loan shall be made to any officer or director of the lending institution making the loan.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 and health 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. Whoever knowingly makes a false statement concerning a linked deposit loan application shall be prohibited from participating in the linked deposit loan program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 182, &sect; 6, eff. Feb. 1, 1988. Amended by Laws 1989, c. 248, &sect; 2, eff. Nov. 1, 1989; Laws 1994, c. 277, &sect; 15; Laws 1995, c. 88, &sect; 1, eff. July 1, 1995; Laws 2001, c. 146, &sect; 104, emerg. eff. April 30, 2001. Renumbered from &sect; 1766 of this title by Laws 2001, c. 146, &sect; 259, emerg. eff. April 30, 2001. Amended by Laws 2010, c. 119, &sect; 2, eff. July 1, 2010.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;25-87. Acceptance or rejection of agricultural linked deposit loan package Notice Agricultural linked deposit agreements.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 182, &sect; 7, eff. Feb. 1, 1988. Amended by Laws 1993, c. 86, &sect; 1, eff. July 1, 1993; Laws 1995, c. 88, &sect; 2, eff. July 1, 1995; Laws 1999, c. 4, &sect; 1, eff. July 1, 1999; Laws 2001, c. 146, &sect; 105, emerg. eff. April 30, 2001. Renumbered from &sect; 1767 of this title by Laws 2001, c. 146, &sect; 259, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;25-88. Funding of loan Loan rate Certification of compliance.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 182, &sect; 8, eff. Feb. 1, 1988. Amended by Laws 2001, c. 146, &sect; 106, emerg. eff. April 30, 2001. Renumbered from &sect; 1768 of this title by Laws 2001, c. 146, &sect; 259, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;25-89. Liability of state for payment of loan.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 182, &sect; 9, eff. Feb. 1, 1988. Amended by Laws 2001, c. 146, &sect; 107, emerg. eff. April 30, 2001. Renumbered from &sect; 1769 of this title by Laws 2001, c. 146, &sect; 259, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-91. Short title - Implementation.&nbsp;</span></p> <p><span class="cls0">A. This subarticle shall be known and may be cited as the "Oklahoma International Trade Development Act".&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma International Trade Development Act shall be implemented by the Oklahoma International Trade Development Council.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 357, &sect; 1, eff. July 1, 1994. Amended by Laws 2001, c. 146, &sect; 125, emerg. eff. April 30, 2001. Renumbered from &sect; 3001 of this title by Laws 2001, c. 146, &sect; 262, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-92. Mission of Council.&nbsp;</span></p> <p><span class="cls0">A. The mission of the Oklahoma International Trade Development Council is to:&nbsp;</span></p> <p><span class="cls0">1. Develop and recommend marketing strategies and policies; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 357, &sect; 2, eff. July 1, 1994. Amended by Laws 1996, c. 72, &sect; 1, emerg. eff. April 9, 1996; Laws 2001, c. 146, &sect; 126, emerg. eff. April 30, 2001. Renumbered from &sect; 3002 of this title by Laws 2001, c. 146, &sect; 262, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-93. Repealed by Laws 2007, c. 93, &sect; 3, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-94. Powers and duties of Council.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma International Trade Development Council shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Assist and encourage economic prosperity and employment throughout this state by promoting the expansion of international exports of Oklahoma agricultural products and livestock;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 357, &sect; 4, eff. July 1, 1994. Amended by Laws 1996, c. 72, &sect; 3, emerg. eff. April 9, 1996; Laws 2001, c. 146, &sect; 128, emerg. eff. April 30, 2001. Renumbered from &sect; 3004 of this title by Laws 2001, c. 146, &sect; 262, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-100. Legislative finding and declaration.&nbsp;</span></p> <p><span class="cls0">The Legislature hereby finds, determines and declares that the production of agricultural food products constitutes a large proportion of Oklahoma&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 159, &sect; 1, eff. July 1, 1995. Amended by Laws 2001, c. 146, &sect; 129, emerg. eff. April 30, 2001. Renumbered from &sect; 3010 of this title by Laws 2001, c. 146, &sect; 263, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-101. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in Sections 129 through 132 of this act unless the context otherwise requires:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 159, &sect; 2, eff. July 1, 1995. Amended by Laws 2001, c. 146, &sect; 130, emerg. eff. April 30, 2001. Renumbered from &sect; 3011 of this title by Laws 2001, c. 146, &sect; 263, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-102. Cause of action for damages.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 159, &sect; 3, eff. July 1, 1995. Amended by Laws 2001, c. 146, &sect; 131, emerg. eff. April 30, 2001. Renumbered from &sect; 3012 of this title by Laws 2001, c. 146, &sect; 263, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-103. Short title.&nbsp;</span></p> <p><span class="cls0">This article shall be known and may be cited as the &ldquo;Oklahoma Farm Animal, Crop, and Research Facilities Protection Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c.70, &sect; 1, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-104. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Farm Animal, Crop, and Research Facilities Protection Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Actor&rdquo; means a person accused of any of the offenses in this act;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Animal&rdquo; 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 &ldquo;animal&rdquo; shall not include any animal held primarily as a pet;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Animal facility&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Commissioner&rdquo; means the Commissioner of Agriculture;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Consent&rdquo; 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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;induced by force, threat, false pretenses, or fraud,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;given by a person the actor knows, or should have known, is not legally authorized to act for the owner,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;given solely to detect the commission of an offense;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Crop&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Crop facility&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Deprive&rdquo; means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Owner&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Person&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">11. &ldquo;Possession&rdquo; means actual care, custody, or management;&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Property&rdquo; means any real or personal property and shall include any document, record, research data, paper, or computer storage medium; and&nbsp;</span></p> <p><span class="cls0">13. &ldquo;State&rdquo; means the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 70, &sect; 2, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-105. Offenses - Applicability of section to actions taken by government agencies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;had notice that the entry was forbidden,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;knew or should have known that the animal facility was or had closed to the public, or&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;received notice to depart but failed to do so.&nbsp;</span></p> <p><span class="cls0">2. For the purposes of this paragraph &ldquo;notice&rdquo; means:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;oral or written communication by the owner or someone with actual or apparent authority to act for the owner,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals, or&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls8"><span class="cls0">(a)&nbsp;&nbsp;had notice that the entry was forbidden,&nbsp;</span></p> <p class="cls8"><span class="cls0">(b)&nbsp;&nbsp;knew or should have known that the crop facility was or had closed to the public, or&nbsp;</span></p> <p class="cls8"><span class="cls0">(c)&nbsp;&nbsp;received notice to depart but failed to do so,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;for the purposes of this subdivision &ldquo;notice&rdquo; means:&nbsp;</span></p> <p class="cls8"><span class="cls0">(a)&nbsp;&nbsp;oral or written communication by the owner or someone with actual or apparent authority to act for the owner, or&nbsp;</span></p> <p class="cls8"><span class="cls0">(b)&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 70, &sect; 3, eff. July 1, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-106. Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Any person violating subsection C of Section 3 of this act shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 70, &sect; 4, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-111. Legislative finding and declaration.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 74, &sect; 1, emerg. eff. April 9, 1996. Amended by Laws 2001, c. 146, &sect; 132, emerg. eff. April 30, 2001. Renumbered from &sect; 3021 of this title by Laws 2001, c. 146, &sect; 264, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-112. Standard of care for producer of livestock - Rebuttable presumption.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 544, &sect; 2, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-301. Short title.&nbsp;</span></p> <p><span class="cls0">This subarticle shall be known as the &ldquo;Oklahoma Organic Food Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 317, &sect; 1, operative July 1, 1989. Amended by Laws 2000, c. 243, &sect; 76, emerg. eff. May 24, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-302. Purpose.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 317, &sect; 2, operative July 1, 1989. Amended by Laws 2000, c. 243, &sect; 77, emerg. eff. May 24, 2000; Laws 2003, c. 242, &sect; 1, emerg. eff. May 23, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-303. Definitions.&nbsp;</span></p> <p><span class="cls0">For purposes of the Oklahoma Organic Food Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Certification or certified&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Certificate of Organic Production&rdquo; means an official document issued by an accredited certifying agent to document the certification of a production or handling operation;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Certifying agent&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Certified operation&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Organic food&rdquo; means edible consumer products produced, processed, packaged, and handled under a system of organic production;&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Organic production&rdquo; 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&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Producer&rdquo; means a person who engages in the business of planting, growing, or harvesting food, fiber, feed, and other agricultural-based consumer products.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 317, &sect; 3, operative July 1, 1989. Amended by Laws 2000, c. 243, &sect; 78, emerg. eff. May 24, 2000; Laws 2003, c. 242, &sect; 2, emerg. eff. May 23, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-304. Certification program &ndash; Administration &ndash; Inspection and analysis &ndash; Verification documents &ndash; Audits of records.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Board shall promulgate appropriate rules for the administration of the program for the certification of organic agricultural products, including:&nbsp;</span></p> <p><span class="cls0">1. Standards for the analysis, inspection, and certification of the organic agricultural products;&nbsp;</span></p> <p><span class="cls0">2. Records required of producers and handlers of organic agricultural products;&nbsp;</span></p> <p><span class="cls0">3. Standards for the certification of producers and handlers of organic agricultural products;&nbsp;</span></p> <p><span class="cls0">4. Lists of approved and prohibited substances for use in the production and handling of organic agricultural products; and&nbsp;</span></p> <p><span class="cls0">5. A schedule of fees for initial certification and inspection for continued certification as a producer or handler of organic agricultural products.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. The Board may conduct audits of all documents for verification that producers meet the requirements of the Oklahoma Organic Food Act and rules.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 317, &sect; 4, operative July 1, 1989. Amended by Laws 2000, c. 243, &sect; 79, emerg. eff. May 24, 2000; Laws 2003, c. 242, &sect; 3, emerg. eff. May 23, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-305. Repealed by Laws 2003, c. 242, &sect; 10, emerg. eff. May 23, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-306. Repealed by Laws 2003, c. 242, &sect; 10, emerg. eff. May 23, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;2-5-307. False representation as organic product - Stop-sale orders &ndash; Fines and penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Agriculture is authorized to issue a written or printed &ldquo;stop-sale&rdquo; or &ldquo;notice of violation&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">C. Any person violating the provisions of the Oklahoma Organic Food Act or rules promulgated pursuant thereto may be:&nbsp;</span></p> <p><span class="cls0">1. Assessed an administrative fine as specified in Section 2-18 of this title; and&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">D. Each day a violation continues shall be a separate offense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 317, &sect; 7, operative July 1, 1989. Amended by Laws 2000, c. 243, &sect; 82, emerg. eff. May 24, 2000; Laws 2003, c. 242, &sect; 4, emerg. eff. May 23, 2003.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-5-501. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Oklahoma AgrAbility Project Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 181, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-502. Legislative findings.&nbsp;</span></p> <p><span class="cls0">The Legislature finds the following:&nbsp;</span></p> <p><span class="cls0">1. Oklahoma is one of the leading agricultural-producing states in the nation. By being involved in such a diverse and highly mechanized industry, the more than one hundred thirty-five thousand agricultural workers in Oklahoma are susceptible to any one of a number of work-related injuries and chronic health problems that limit the ability of an individual to safely continue farming;&nbsp;</span></p> <p><span class="cls0">2. Available estimates indicate that each year in Oklahoma more farm workers sustain fatal injuries than any other work group and often have nonfatal injuries which result in permanent physical disabilities affecting their future income;&nbsp;</span></p> <p><span class="cls0">3. It is estimated that nationwide more than two hundred thousand farmers, ranchers, and other agricultural workers experience injuries that result in lost work time. Of these injuries, five percent (5%) have serious or permanent results;&nbsp;</span></p> <p><span class="cls0">4. According to recent survey data, approximately seventeen thousand Oklahoma farmers have permanent disabilities as a result of accidents, health-related ailments, and age.&nbsp;</span></p> <p><span class="cls0">5. Farm operators and workers are typically highly skilled individuals and the loss of these individuals to a disability negatively impacts the Oklahoma farm economy. The AgrAbility Project established by the United States Department of Agriculture has been successful in helping agricultural workers with a disbility to continue to farm. A similar program established by the state, working as part of the existing Oklahoma AgrAbility Project, will assist even more Oklahoma citizens in receiving the necessary assistance and will benefit the state agriculture industry.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 181, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-503. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma AgrAbility Project Act:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Oklahoma AgrAbility Project&rdquo; means the joint program of the Oklahoma Cooperative Extension Service, ABLE Tech, Langston University, and Oklahoma Assistive Technology Foundation, established in accordance with the AgrAbility Program established by the United States Department of Agriculture; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Production agriculture&rdquo; means production for commercial purposes of crops, livestock, and livestock products.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 181, &sect; 3, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-504. Assistance to individuals affected by disability - Services.&nbsp;</span></p> <p><span class="cls0">A. Subject to available funds, the Oklahoma Cooperative Extension Service shall provide through the existing state program, and contract with other entities that assist disabled farmers, assistance to individuals who are engaged in farming or an agriculture-related activity and who have been affected by disability.&nbsp;</span></p> <p><span class="cls0">B. Services provided by the Oklahoma AgrAbility Project shall include, but are not limited to:&nbsp;</span></p> <p><span class="cls0">1. A toll-free information and referral hotline;&nbsp;</span></p> <p><span class="cls0">2. The establishment of networks with local agricultural and rehabilitation professionals;&nbsp;</span></p> <p><span class="cls0">3. The coordination of community resources;&nbsp;</span></p> <p><span class="cls0">4. The establishment of networks with local agricultural and health care professionals to help identify individuals who may be eligible for assistance and to help identify the best method of providing that assistance;&nbsp;</span></p> <p><span class="cls0">5. The provision of on-the-farm information and technical assistance regarding equipment modification, assistive technology, environmental modifications, and work accomodations;&nbsp;</span></p> <p><span class="cls0">6. Job restructuring; and&nbsp;</span></p> <p><span class="cls0">7. The provision of information on, and assistance regarding the development of, alternative jobs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 181, &sect; 4, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-505. Eligibility.&nbsp;</span></p> <p><span class="cls0">To be eligible to receive assistance under the Oklahoma AgrAbility Project Act, an individual shall:&nbsp;</span></p> <p><span class="cls0">1. Be a resident of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. Derive a portion of income from production agriculture;&nbsp;</span></p> <p><span class="cls0">3. Have an impairment that creates a condition of disability; and&nbsp;</span></p> <p><span class="cls0">4. Meet any additional eligibility requirements set forth by the Oklahoma Cooperative Extension Service.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 181, &sect; 5, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-506. Oklahoma AgrAbility Project Fund.&nbsp;</span></p> <p><span class="cls0">The Oklahoma AgrAbility Project Fund may be created at some future time as funds become available to provide low-cost direct assistance to eligible clients through agricultural work accommodations and technologies, to build capacity in health care providers through educational offerings, and to direct a volunteer peer support network to assist clients and their families impacted by disability issues.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 181, &sect; 6, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-5-507. Reports.&nbsp;</span></p> <p><span class="cls0">If state funds are utilized, unless otherwise required by federal law, the Oklahoma Cooperative Extension Service shall provide the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma Senate a copy of any report or other document that it provides to the United States Department of Agriculture concerning the Oklahoma AgrAbility Project.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 181, &sect; 7, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-1. State Veterinarian.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 41, art. 6(A), &sect; 1. Amended by Laws 2000, c. 367, &sect; 30, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-2. Official livestock and poultry disease control agency - Authority of State Veterinarian.&nbsp;</span></p> <p><span class="cls0">A. 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.&nbsp;</span></p> <p><span class="cls0">B. In addition to other statutory authority, the State Veterinarian, upon obtaining concurrence of the State Board of Agriculture, may issue emergency orders governing animals in order to protect the citizens and animals of the state from diseases and pests of animals, including the following to:&nbsp;</span></p> <p><span class="cls0">1. Prohibit or impose conditions on importing animals into the state;&nbsp;</span></p> <p><span class="cls0">2. Require testing of animals;&nbsp;</span></p> <p><span class="cls0">3. Require vaccination or other treatment of animals;&nbsp;</span></p> <p><span class="cls0">4. Prohibit or impose conditions on moving animals within the state;&nbsp;</span></p> <p><span class="cls0">5. Govern the disposition of animals; and&nbsp;</span></p> <p><span class="cls0">6. Impose other measures governing animals to protect the citizens and animals of the state from diseases and pests of animals.&nbsp;</span></p> <p><span class="cls0">C. Emergency orders issued pursuant to this section shall expire on the date set in the order or upon the elapse of ninety (90) days; however, the State Veterinarian may renew the order for successive ninety&ndash;day periods.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 42, art. 6(A), &sect; 2. Amended by Laws 2000, c. 367, &sect; 31, emerg. eff. June 6, 2000; Laws 2010, c. 103, &sect; 1, emerg. eff. April 13, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-3. Destruction of diseased livestock - Appraisal - Payment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 42, art. 6(A), &sect; 3. Amended by Laws 2000, c. 367, &sect; 32, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-4. Disinfecting of livestock and places - Cost - Liens.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The term "place", as used in this section, shall include but not be limited to any premises or mode of transportation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 42, art. 6(A), &sect; 4, emerg. eff. June 3, 1955. Amended by Laws 1996, c. 138, &sect; 3, emerg. eff. May 1, 1996; Laws 2000, c. 367, &sect; 33, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-21. Definitions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 42, art. 6(B), &sect; 1. Amended by Laws 2000, c. 367, &sect; 34, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-22. Permits - Applications and expiration - Refusal or revocation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 42, art. 6(B), &sect; 2. Amended by Laws 2000, c. 367, &sect; 35, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-23. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-24. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-25. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-26. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-27. Exemptions of certain feedings.&nbsp;</span></p> <p><span class="cls0">The provisions of this subarticle shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. Any individual who feeds only household garbage of the individual to the swine of the individual; or&nbsp;</span></p> <p><span class="cls0">2. Any institution which feeds only its own garbage to swine which are raised for the institution's own use.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 43, art. 6(B), &sect; 7. Amended by Laws 2000, c. 367, &sect; 36, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-28. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-91. Formulation of control and eradication program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 47, art. 6(E), &sect; 1. Amended by Laws 2000, c. 367, &sect; 37, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-92. Official test.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 47, art. 6(E), &sect; 2, emerg. eff. June 3, 1955. Amended by Laws 1961, p. 5, &sect; 1; Laws 1996, c. 138, &sect; 4, emerg. eff. May 1, 1996; Laws 2000, c. 367, &sect; 38, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-93. Tagging of animals from which blood samples are drawn &ndash; Reports &ndash; Removal of tags &ndash; Packing plant responsibilities.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. It shall not be necessary to ear tag any registered animal if the herd tattoo of each animal is shown on the report.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 47, art. 6(E), &sect; 3. Amended by Laws 1979, c. 87, &sect; 1; Laws 2000, c. 367, &sect; 39, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-94. Positive reactions - Permanent branding of animal &ndash; Tagging &ndash; Removal of permanent mark or brand.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 47, art. 6(E), &sect; 4, emerg. eff. June 3, 1955. Amended by Laws 1967, c. 393, &sect; 4, emerg. eff. May 23, 1967; Laws 1974, c. 77, &sect; 1, emerg. eff. April 19, 1974; Laws 1976, c. 107, &sect; 1, emerg. eff. May 12, 1976; Laws 1979, c. 87, &sect; 2; Laws 1996, c. 138, &sect; 5, emerg. eff. May 1, 1996; Laws 1997, c. 133, &sect; 85, eff. July 1, 1999; Laws 2000, c. 367, &sect; 40, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 85 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-95. Brucellosis Milk Surveillance test.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 47, art. 6(E), &sect; 5, emerg. eff. June 3, 1955. Amended by Laws 1996, c. 138, &sect; 6, emerg. eff. May 1, 1996; Laws 2000, c. 367, &sect; 41, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-96. Officially vaccinated animals - Identification.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 48, art. 6(E), &sect; 6. Amended by Laws 1980, c. 42, &sect; 1, emerg. eff. March 26, 1980; Laws 2000, c. 367, &sect; 41, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-97. Biological products containing Brucella organisms.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 48, art. 6(E), &sect; 7. Amended by Laws 2000, c. 367, &sect; 43, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-98. Repealed by Laws 1996, c. 138, &sect; 8, emerg. eff. May 1, 1996.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-99. Quarantine of livestock infected with brucellosis - Disposition.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 48, art. 6(E), &sect; 9. Amended by Laws 2000, c. 367, &sect; 44, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-100. State as eradication area - Livestock owner responsibilities - Indemnity payments.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 48, art. 6(E), &sect; 10. Amended by Laws 1965, c. 470, &sect; 2; Laws 1967, c. 393, &sect; 5, emerg. eff. May 23, 1967; Laws 1981, c. 13, &sect; 1, eff. July 1, 1981; Laws 1983, c. 64, &sect; 1, emerg. eff. April 29, 1983; Laws 1984, c. 19, &sect; 1, emerg. eff. March 20, 1984; Laws 2000, c. 367, &sect; 45, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-101. Certification of brucellosis-free herds and counties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 48, art. 6(E), &sect; 11. Amended by Laws 2000, c. 367, &sect; 46, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-102. Sale of bovine animals or removal from markets &ndash; Compliance records.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. A record of compliance shall be on a form approved by the State Veterinarian.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 48, art. 6(E), &sect; 12. Amended by Laws 1963, c. 291, &sect; 1; Laws 1967, c. 393, &sect; 6, emerg. eff. May 23, 1967; Laws 1974, c. 46, &sect; 1, emerg. eff. April 13, 1974; Laws 1976, c. 107, &sect; 2, emerg. eff. May 12, 1976; Laws 1979, c. 87, &sect; 3; Laws 1980, c. 42, &sect; 2, emerg. eff. Mar. 26, 1980; Laws 2000, c. 367, &sect; 47, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-103. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-104. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-105. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-106. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-121. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-122. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-123. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-124. Livestock infected or exposed - Order of quarantine &ndash; Notice &ndash; Waiving of quarantine.&nbsp;</span></p> <p><span class="cls0">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 &nbsp;</span></p> <p><span class="cls0">quarantine. Notice of the quarantine order shall be given by one of the following methods:&nbsp;</span></p> <p><span class="cls0">1. In person by an authorized agent of the Board; or&nbsp;</span></p> <p><span class="cls0">2. By certified mail; or&nbsp;</span></p> <p><span class="cls0">3. By publication in a legal newspaper of general circulation in one or more counties in which the areas are situated; or&nbsp;</span></p> <p><span class="cls0">4. By a sign or signs posted in or around the quarantined area.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 49, art. 6(F), &sect; 4. Amended by Laws 1967, c. 393, &sect; 2, emerg. eff. May 23, 1967; Laws 1992, c. 296, &sect; 3, emerg. eff. May 26, 1992; Laws 2000, c. 367, &sect; 48, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-125. Moving of livestock in or out of quarantine area - Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 49, art. 6(F), &sect; 5, emerg. eff. June 3, 1955. Amended by Laws 1997, c. 133, &sect; 86, eff. July 1, 1999; Laws 2000, c. 367, &sect; 49, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 86 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-126. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-131. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Foreign Animal Diseases Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 75, &sect; 1, eff. July 1, 1996.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-132. Definitions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 75, &sect; 2, eff. July 1, 1996. Amended by Laws 2000, c. 367, &sect; 50, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-133. Eradication and control program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 75, &sect; 3, eff. July 1, 1996.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-134. Quarantine.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 75, &sect; 4, eff. July 1, 1996. Amended by Laws 2000, c. 367, &sect; 51, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-135. Restrictions on biological products.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 75, &sect; 5, eff. July 1, 1996. Amended by Laws 2000, c. 367, &sect; 52, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-136. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-137. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-141. Branding and tagging of tubercular cattle.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 50, art. 6(G), &sect; 1, emerg. eff. June 3, 1955. Amended by Laws 1996, c. 138, &sect; 7, emerg. eff. May 1, 1996; Laws 2000, c. 367, &sect; 53, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-142. Sale or disposition of bovine animals affected with tuberculosis.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person or the agents or employees of any person to knowingly and intentionally sell, offer for sale, assist in the sale or trade, or dispose or offer to dispose of any animal affected with tuberculosis.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 50, art. 6(G), &sect; 2. Amended by Laws 2000, c. 367, &sect; 54, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-143. Tuberculin tests - Refusal to comply - Quarantine.&nbsp;</span></p> <p><span class="cls0">The State Veterinarian or any accredited veterinarian directed by the State Veterinarian, as defined by the United States Department of Agriculture, upon reliable information that tuberculosis exists in any animal in the state, may cause the tuberculin test to be applied to the herd or group of animals. Should the owner or owners refuse or neglect to comply with the instructions of the examining veterinarian, the State Veterinarian or the authorized agent of the State Veterinarian shall quarantine the animals, and the quarantine shall prohibit the movement of any animal or animal products from the premises.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 50, art. 6(G), &sect; 3. Amended by Laws 2000, c. 367, &sect; 55, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-144. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-145. Movement of animals into state - Testing &ndash; Owner responsibilities - Assistance from sheriff - Fees.&nbsp;</span></p> <p><span class="cls0">Animals shall be moved or allowed to move into the State of Oklahoma only in accordance with rules promulgated by the State Board of Agriculture and regulations of the United States Department of Agriculture. It shall be the duty of each owner or person in control of animals in this state to present all animals for testing when notified by the State Veterinarian or the authorized agent of the State Veterinarian. The owner or person in control of the animals shall render any assistance in restraining the animals required by the State Veterinarian or the authorized agent of the State Veterinarian. If the owner or person in control neglects or refuses to present the animals for testing or adequately assist in restraining them, the State Veterinarian or the authorized agent of the State Veterinarian may call upon the sheriff of the county for any necessary assistance. The sheriff shall be paid for the work the same fees as are collected for the execution of a writ of attachment. Unless the fees are paid immediately by the owner or person in control, the sheriff may seize as many of the animals as are necessary for the payment of the fees, and after ten (10) days shall sell the animals to recover the fees and costs accrued.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 50, art. 6(G), &sect; 5. Amended by Laws 2000, c. 367, &sect; 56, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-146. Retesting.&nbsp;</span></p> <p><span class="cls0">Retests shall be conducted by the State Veterinarian or authorized agent in all herds in which initial tests have disclosed animals affected with tuberculosis at those intervals prescribed by the State Board of Agriculture for the protection of the work already done and to preserve the standing of this state under the regulations of the United States Department of Agriculture.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 51, art. 6(G), &sect; 6. Amended by Laws 2000, c. 367, &sect; 57, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-147. Classification - Slaughtering.&nbsp;</span></p> <p><span class="cls0">All animals classified as reactors for tuberculosis shall be slaughtered within fifteen (15) days following the date of classification.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 51, art. 6(G), &sect; 7. Amended by Laws 2000, c. 367, &sect; 58, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-148. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-149. Exemptions from indemnity payments.&nbsp;</span></p> <p><span class="cls0">No payment of indemnity from state funds shall be made for any animals found to be tuberculous in the following cases:&nbsp;</span></p> <p><span class="cls0">1. Unless slaughtered within fifteen (15) days after the date of classification as reactors;&nbsp;</span></p> <p><span class="cls0">2. After any test, when the premises containing tuberculous animals have not been cleaned and disinfected in accordance with the rules of the State Board of Agriculture and the United States Department of Agriculture;&nbsp;</span></p> <p><span class="cls0">3. For any animals belonging to a state or federal supported institution;&nbsp;</span></p> <p><span class="cls0">4. For any animals the owner or claimant knew to be diseased at the time obtained;&nbsp;</span></p> <p><span class="cls0">5. For any animals unless the entire herd associated with them has been tested;&nbsp;</span></p> <p><span class="cls0">6. For any animals which have not been within this state at least one (1) year prior to being classified as reactors for tuberculosis; and&nbsp;</span></p> <p><span class="cls0">7. For any animals moved intrastate or interstate in violation of the laws of this or any other state or any of the rules of the Board or the United States Department of Agriculture.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 51, art. 6(G), &sect; 9. Amended by Laws 2000, c. 367, &sect; 59, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-150. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this Article:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Approved market&rdquo; means any livestock market, auction, or stockyard which operates under the specific approval of the United States Department of Agriculture, the Oklahoma Agricultural Code, and the rules of the Board;&nbsp;</span></p> <p><span class="cls0">2. "Approved veterinarian" means a graduate veterinarian licensed and accredited by the state of origin and the United States Department of Agriculture, or an authorized veterinary inspector of the United States Department of Agriculture;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Livestock&rdquo; means any animal or bird to be imported into the State of Oklahoma for any purpose;&nbsp;</span></p> <p><span class="cls0">4. "Official health certificate" or &ldquo;certificate of veterinary inspection&rdquo; means a legible declaration on an official form from the state of origin or from the United States Department of Agriculture, issued by an approved veterinarian and approved by the chief livestock health official of the state of origin;&nbsp;</span></p> <p><span class="cls0">An official health certificate or certificate of veterinary inspection shall contain the name and address of the consignor and consignee, age, sex, number, breed of livestock, and sufficient identifying marks and/or tags to positively identify the livestock listed on the health certificate. The health certificate shall also contain a statement by the approved veterinarian that such livestock are free from evidence of all contagious, infectious, or communicable diseases and do not originate from a district of quarantine, infestation or infection. A health certificate shall be void thirty (30) days after the date of its issuance. A copy of the health certificate shall be forwarded to the Oklahoma State Veterinarian, Oklahoma City, Oklahoma; and&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Permit&rdquo; means written permission by the State Board of Agriculture to move certain livestock into or within the State of Oklahoma with or without an official health certificate. A permit shall contain the name and address of the consignor and the consignee, and the number, age, sex, and breed of the livestock.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 383, &sect; 1, emerg. eff. May 23, 1967. Amended by Laws 2000, c. 367, &sect; 60, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-151. Health certificate or permit required for shipment of livestock into state &ndash; Responsible parties &ndash; Exemptions - Diseased livestock.&nbsp;</span></p> <p><span class="cls0">A. 1. It shall be unlawful to ship, transport, or cause to be shipped or transported any livestock into the State of Oklahoma, unless accompanied by an official health certificate, permit, or both, which shall be in the possession of the driver of the vehicle or person in charge of the livestock.&nbsp;</span></p> <p><span class="cls0">2. The owner of the livestock, the shipper, and the operator of the vehicle transporting the livestock shall be equally and individually responsible for meeting all requirements regarding health certificates, permits, and the movement of livestock into this state.&nbsp;</span></p> <p><span class="cls0">3. An official health certificate or permit shall not be required for any livestock shipped directly from a farm of origin, with no diversion in route, to an approved market or slaughtering establishment operating under state or federal supervision, if a waybill, bill of lading, or certificate of ownership accompanies the shipment showing the consignor and the point of origin of the shipment, and the approved market or slaughtering establishment to which the livestock are shipped.&nbsp;</span></p> <p><span class="cls0">B. 1. It shall be unlawful for any livestock that are affected with or that have been exposed to any infectious, contagious, or communicable disease or which originate from a quarantined area to be shipped or in any manner transported or moved into or through the state until written permission for entry, transportation, or movement is obtained from the State Board of Agriculture or its authorized agent.&nbsp;</span></p> <p><span class="cls0">2. A written permit shall not be required for diseased animals which are approved for interstate shipment under specified restrictions by the United States Department of Agriculture.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 383, &sect; 2, emerg. eff. May 23, 1967. Amended by Laws 2000, c. 367, &sect; 61, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-152. Inspection and quarantine &ndash; Condemnation &ndash; Quarantine release.&nbsp;</span></p> <p><span class="cls0">A. 1. Any authorized agent of the State Board of Agriculture, or any law enforcement officer of the State of Oklahoma or any subdivision, shall have the authority to stop the shipment or movement of any livestock within this state, and the agent or officer may hold the livestock under quarantine at the owner's risk and expense for observation, tests, vaccination, dipping, treatment, inspection, or for any other purposes.&nbsp;</span></p> <p><span class="cls0">2. The agent or officer may order any and all livestock unloaded or handled in any manner when the agent or officer finds it necessary to effect a more complete and thorough inspection or examination.&nbsp;</span></p> <p><span class="cls0">3. If the livestock are found to be affected with any infectious or communicable disease or condition which poses a threat to the public health, safety, or welfare, the Board or State Veterinarian may condemn the livestock and order them slaughtered immediately. The agent, Board, or State Veterinarian shall not be liable for the loss in value of any livestock stopped, quarantined, condemned, or slaughtered under the provisions of this subarticle.&nbsp;</span></p> <p><span class="cls0">B. No livestock held under quarantine shall be released from quarantine until a written release, signed by an authorized agent has been executed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 383, &sect; 3, emerg. eff. May 23, 1967. Amended by Laws 2000, c. 367, &sect; 62, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-153. Documentation to accompany shipments &ndash; Information for exibition.&nbsp;</span></p> <p><span class="cls0">A. In order to assist in the enforcement of this law and to aid in determining the point of origin of livestock transported within the State of Oklahoma, all livestock shall be accompanied by a health certificate, a bill of sale, or acceptable proof of ownership of the livestock. All such documents shall disclose the name of the owner, the name of the consignee, the point of origin, the point of destination, and a description of the livestock sufficient to identify them for any purpose.&nbsp;</span></p> <p><span class="cls0">B. The importation requirements in this subarticle are applicable to any livestock shipped into or transported within this state for exhibition purposes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 383, &sect; 4, emerg. eff. May 23, 1967. Amended by Laws 2000, c. 367, &sect; 63, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-154. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;26155. Penalties.&nbsp;</span></p> <p><span class="cls0">Any person violating the provisions of subsections (a) and (b) of Section 6-151 of this title relating to the importation and transportation of livestock, is guilty of a felony and subject to a maximum punishment of two (2) years in prison or a Two Thousand Dollar ($2,000.00) fine, or both. Any person violating any of the other provisions of this section, relating to the importation and transportation of livestock, is guilty of a misdemeanor and subject to a maximum punishment of six (6) months in the county jail or a Five Hundred Dollar ($500.00) fine, or both. Each animal brought into the state in violation of any of the provisions of this section shall constitute a separate and distinct violation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 383, &sect; 6, emerg. eff. May 23, 1967. Amended by Laws 1997, c. 133, &sect; 87, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 25, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 87 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-156. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;26181. Designation.&nbsp;</span></p> <p><span class="cls0">This act shall be designated as the "Oklahoma Meat Inspection Act."&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1968, c. 63, &sect; 1, emerg. eff. March 19, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;2-6-182. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Meat Inspection Act, except as otherwise specified, the following terms shall have the meanings stated below:&nbsp;</span></p> <p><span class="cls0">(a) The term "Board" means the State Board of Agriculture, or its delegate.&nbsp;</span></p> <p><span class="cls0">(b) The term "firm" means any partnership, association, or other unincorporated business organization.&nbsp;</span></p> <p><span class="cls0">(c) The term "meat broker" means any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of cattle, bison, sheep, swine, goats, horses, mules, or other equines on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm, or corporation.&nbsp;</span></p> <p><span class="cls0">(d) The term "renderer" means any person, firm, or corporation engaged in the business of rendering carcasses, or parts or products of the carcasses, of cattle, bison, sheep, swine, goats, horses, mules, or other equines, except rendering conducted under inspection under Section 6-181 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">(e) The term "animal food manufacturer" means any person, firm, or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of cattle, bison, sheep, swine, goats, horses, mules, or other equines.&nbsp;</span></p> <p><span class="cls0">(f) The term "intrastate commerce" means commerce within this state.&nbsp;</span></p> <p><span class="cls0">(g) The term "meat food product" means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, bison, sheep, swine, goats, horses, mules, or other equines, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Board under such conditions as it may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. &nbsp;</span></p> <p><span class="cls0">(h) The term "capable of use as human food" shall apply to any carcass, or part or product of a carcass, of any animal, unless it is denatured or otherwise identified as required by regulations prescribed by the Board to deter its use as human food, or it is naturally inedible by humans.&nbsp;</span></p> <p><span class="cls0">(i) The term "prepared" means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.&nbsp;</span></p> <p><span class="cls0">(j) The term "adulterated" shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:&nbsp;</span></p> <p><span class="cls0">(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health;&nbsp;</span></p> <p><span class="cls0">(2) (A) if it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the Board, make such article unfit for human food;&nbsp;</span></p> <p><span class="cls0">(B) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 of the Federal Food, Drug, and Cosmetic Act;&nbsp;</span></p> <p><span class="cls0">(C) if it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act;&nbsp;</span></p> <p><span class="cls0">(D) if it bears or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act: Provided, that an article which is not adulterated under clause (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Board in establishments at which inspection is maintained under Section 6-181 et seq. of this title;&nbsp;</span></p> <p><span class="cls0">(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;&nbsp;</span></p> <p><span class="cls0">(4) if it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;&nbsp;</span></p> <p><span class="cls0">(5) if it is, in whole or in part, the product of an animal which has died otherwise than by slaughter;&nbsp;</span></p> <p><span class="cls0">(6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;&nbsp;</span></p> <p><span class="cls0">(7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to Section 409 of the Federal Food, Drug, and Cosmetic Act;&nbsp;</span></p> <p><span class="cls0">(8) if any valuable constituent has been, in whole or in part, omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part, therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or&nbsp;</span></p> <p><span class="cls0">(9) if it is margarine containing animal fat and any of the raw material used therein consisted, in whole or in part, of any filthy, putrid, or decomposed substance.&nbsp;</span></p> <p><span class="cls0">(k) The term "misbranded" shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:&nbsp;</span></p> <p><span class="cls0">(1) if its labeling is false or misleading in any particular;&nbsp;</span></p> <p><span class="cls0">(2) if it is offered for sale under the name of another food;&nbsp;</span></p> <p><span class="cls0">(3) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation", and, immediately thereafter, the name of the food imitated;&nbsp;</span></p> <p><span class="cls0">(4) if its container is so made, formed, or filled as to be misleading;&nbsp;</span></p> <p><span class="cls0">(5) if in a package or other container unless it bears a label showing (A) the name and place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, that, under clause (B) of this subparagraph (5), reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the Board;&nbsp;</span></p> <p><span class="cls0">(6) if any word, statement, or other information required by or under authority of this act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;&nbsp;</span></p> <p><span class="cls0">(7) if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Board under Section 6-187 of this title unless (A) it conforms to such definition and standard, and (B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food;&nbsp;</span></p> <p><span class="cls0">(8) if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Board under Section 6-187 of this title, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;&nbsp;</span></p> <p><span class="cls0">(9) if it is not subject to the provisions of subparagraph (7), unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the Board, be designated as spices, flavorings, and colorings without naming each: Provided, that, to the extent that compliance with the requirements of clause (B) of this subparagraph (9) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Board;&nbsp;</span></p> <p><span class="cls0">(10) if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Board, after consultation with the Secretary of Agriculture of the United States, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses;&nbsp;</span></p> <p><span class="cls0">(11) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact: Provided, that, to the extent that compliance with the requirements of this subparagraph (11) is impracticable, exemptions shall be established by regulations promulgated by the Board; or&nbsp;</span></p> <p><span class="cls0">(12) if it fails to bear, directly thereon or on its container, as the Board may by regulations prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the Board may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.&nbsp;</span></p> <p><span class="cls0">(l) The term "label" means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article.&nbsp;</span></p> <p><span class="cls0">(m) The term "labeling" means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article.&nbsp;</span></p> <p><span class="cls0">(n) The term "Federal Meat Inspection Act" means the act so entitled approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act (8 Stat. 584).&nbsp;</span></p> <p><span class="cls0">(o) The term "Federal Food, Drug, and Cosmetic Act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatory thereof or supplementary thereto.&nbsp;</span></p> <p><span class="cls0">(p) The term "pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" shall have the same meanings for purposes of this act as under the Federal Food, Drug, and Cosmetic Act.&nbsp;</span></p> <p><span class="cls0">(q) The term "official mark" means the official inspection legend or any other symbol prescribed by regulations of the Board to identify the status of any article or animal under this act.&nbsp;</span></p> <p><span class="cls0">(r) The term "official inspection legend" means any symbol prescribed by regulations of the Board showing that an article was inspected and passed in accordance with this act.&nbsp;</span></p> <p><span class="cls0">(s) The term "official certificate" means any certificate prescribed by regulations of the Board for issuance by an inspector or other person performing official functions under this act.&nbsp;</span></p> <p><span class="cls0">(t) The term "official device" means any device prescribed or authorized by the Board for use in applying any official mark.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 63, &sect; 2, emerg. eff. March 19, 1968. Amended by Laws 1985, c. 38, &sect; 1, eff. Nov. 1, 1985; Laws 2013, c. 2, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;26183. Inspection of animals to be slaughtered Setting apart of animals Methods of slaughter Examination and inspection of method of slaughter.&nbsp;</span></p> <p><span class="cls0">A. For the purpose of preventing the use in intrastate commerce, as hereinafter provided, of meat and meat food products which are adulterated, the Board shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, bison, sheep, swine, goats, horses, mules and other equines before they shall be allowed to enter into any slaughtering, packing, meatcanning, rendering or similar establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted for intrastate commerce; and all cattle, bison, sheep, swine, goats, horses, mules and other equines found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, bison, sheep, swine, goats, horses, mules or other equines, and when so slaughtered, the carcasses of said cattle, bison, sheep, swine, goats, horses, mules or other equines shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the Board as herein provided for.&nbsp;</span></p> <p><span class="cls0">B. For the purpose of preventing the inhumane slaughter of livestock, the Board shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which cattle, bison, sheep, swine, goats, horses, mules and other equines are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected by law. The Board may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be temporarily suspended at a slaughtering establishment if the Board finds that any cattle, bison, sheep, swine, goats, horses, mules or other equines have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with this section until the establishment furnishes assurances satisfactory to the Board that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such method.&nbsp;</span></p> <p><span class="cls0">C. Either of the following two methods of slaughtering livestock and handling livestock in connection with slaughter are hereby found to be humane:&nbsp;</span></p> <p><span class="cls0">1. In the case of cattle, bison, sheep, swine, goats, horses, mules or other equines, the animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or&nbsp;</span></p> <p><span class="cls0">2. By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.&nbsp;</span></p> <p><span class="cls0">&sect;26184. Postmortem inspection Marking or stamping.&nbsp;</span></p> <p><span class="cls0">For the purposes hereinbefore set forth the Board shall cause to be made by inspectors appointed for that purpose, as hereinafter provided, a postmortem examination and inspection of the carcasses and parts thereof of all cattle, bison, sheep, swine, goats, horses, mules, and other equines, capable of use as human food, to be prepared at any slaughtering, meatcanning, salting, packing, rendering, or similar establishment in this state in which such articles are prepared for intrastate commerce; and the carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged, or labeled, as "Inspected and Passed"; and said inspectors shall label, mark, stamp, or tag, as "Inspected and Condemned", all carcasses and parts thereof of animals found to be adulterated; and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Board may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof, and said inspectors, after said first inspection, shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether, since the first inspection, the same have become adulterated and if any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be adulterated, it shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Board may remove inspectors from any establishment which fails to destroy any such condemned carcass or part thereof.&nbsp;</span></p> <p class="cls2"><span class="cls0">Amended by Laws 1985, c. 38, &sect; 2, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;2-6-185. Inspection &ndash; Limitation of entry.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Meat Inspection Act shall apply to:&nbsp;</span></p> <p><span class="cls0">1. All carcasses or parts of carcasses of cattle, bison, sheep, swine, goats, horses, mules, and other equines or the meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering, meatcanning, salting, packing, rendering, or similar establishment, where inspection under the Oklahoma Meat Inspection Act is maintained. Examination and inspection shall be made before the carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products; and&nbsp;</span></p> <p><span class="cls0">2. All such products which, after having been issued from any such slaughtering, meatcanning, salting, packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained.&nbsp;</span></p> <p><span class="cls0">B. The Board may limit the entry of carcasses, parts of carcasses, meat and meat food products, and other materials into any establishment at which inspection under the Oklahoma Meat inspection Act is maintained, under the conditions as it may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of the Oklahoma Meat Inspection Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 63, &sect; 5, emerg. eff. March 19, 1968. Amended by Laws 1985, c. 38, &sect; 4, eff. Nov. 1, 1985; Laws 2000, c. 367, &sect; 64, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;26186. Meat food products Inspection Access Marking or stamping.&nbsp;</span></p> <p><span class="cls0">For the purposes hereinbefore set forth, the Board shall cause to be made by inspectors appointed for that purpose an examination and inspection of all meat food products prepared in any slaughtering, meatcanning, salting, packing, rendering, or similar establishment, where such articles are prepared for intrastate commerce and for the purposes of any examination and inspection said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as "Oklahoma Inspected and Passed" all such products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as "Oklahoma Inspected and Condemned" all such products found adulterated, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Board may remove inspectors from any establishment which fails to so destroy such condemned meat food products.&nbsp;</span></p> <p><span class="cls0">Laws 1968, c. 63, &sect; 7, emerg. eff. March 19, 1968.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-187. Labeling of cans, receptacles or coverings - Standards - False or misleading markings - Hearings and appeals.&nbsp;</span></p> <p><span class="cls0">(a) When any meat or meat food product prepared for intrastate commerce which has been inspected as hereinbefore provided and marked "Oklahoma Inspected and Passed" shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this act is maintained, the person, firm, or corporation preparing said product shall cause a label to be attached to said can, pot, tin, canvas, or other receptable or covering, under supervision of an inspector, which label shall state that the contents thereof have been "Oklahoma Inspected and Passed" under the provisions of this act, and no inspection and examination of meat or meat food products deposited or inclosed in cans, tins, pots, canvas, or other receptable or covering in any establishment where inspection under the provisions of this act is maintained shall be deemed to be complete until such meat or meat food products have been sealed or inclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector.&nbsp;</span></p> <p><span class="cls0">(b) All carcasses, parts of carcasses, meat and meat food products inspected at any establishment under the authority of this act and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the Board may require, the information required under paragraph (k) of Section 1 of this act.&nbsp;</span></p> <p><span class="cls0">(c) The Board, whenever it determines such action is necessary for the protection of the public, may prescribe: (1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling of any articles or animals subject to Sections 1 through 20 of this act; (2) definitions and standards of identity or composition for articles subject to Sections 1 through 16 and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act, or under the Federal Meat Inspection Act, and there shall be consultation between the Board and the Secretary of Agriculture of the United States prior to the issuance of such standards to avoid inconsistency between such standards and the Federal standards.&nbsp;</span></p> <p><span class="cls0">(d) No article subject to Sections 1 through 16 of this act shall be sold or offered for sale by any person, firm, or corporation, in intrastate commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Board are permitted.&nbsp;</span></p> <p><span class="cls0">(e) If the Board has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to Sections 1 through 16 is false or misleading in any particular, it may direct that such use be withheld, unless the marking, labeling, or container is modified in such manner as it may prescribe so that it will not be false or misleading. If the person, firm, or corporation using or proposing to use the marking, labeling or container does not accept the determination of the Board, such person, firm, or corporation may request a hearing, but the use of the marking, labeling, or container shall, if the Board so directs, be withheld pending hearing and final determination by the Board. Any such determination by the Board shall be conclusive unless, within thirty (30) days after receipt of notice of such final determination, the person, firm, or corporation adversely affected thereby appeals to the District Court of Oklahoma County.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 63, &sect; 7, emerg. eff. March 19, 1968.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;26188. Establishments Inspections Sanitary conditions.&nbsp;</span></p> <p><span class="cls0">The Board shall cause to be made, by competent inspectors, such inspection of all slaughtering, meatcanning, salting, packing, rendering, or similar establishments in which cattle, bison, sheep, swine, goats, horses, mules, and other equines are slaughtered and the meat and meat food products thereof are prepared for intrastate commerce as may be necessary to inform itself concerning the sanitary conditions of the same and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, it shall refuse to allow said meat or meat food products to be labeled, marked, stamped, or tagged as "Oklahoma Inspected and Passed", and the Board may remove inspectors from any establishment which fails to maintain said establishment in a sanitary manner.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1985, c. 38, &sect; 5, eff. Nov. 1, 1985.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;26189. Nighttime inspections.&nbsp;</span></p> <p><span class="cls0">The Board shall cause an examination and inspection of all cattle, bison, sheep, swine, goats, horses, mules, and other equines, and the food products thereof, slaughtered and prepared in the establishments hereinbefore described for the purposes of intrastate commerce to be made during the nighttime as well as during the daytime when the slaughtering of said cattle, bison, sheep, swine, goats, horses, mules, and other equines, or the preparation of said food products, is conducted during the nighttime.&nbsp;</span></p> <p class="cls2"><span class="cls0">Amended by Laws 1985, c. 38, &sect; 6, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;26190. Compliance with act Acts prohibited.&nbsp;</span></p> <p><span class="cls0">No person, firm or corporation shall, with respect to any cattle, bison, sheep, swine, goats, horses, mules or other equines, or any carcasses, parts of carcasses, meat or meat food products of any such animals:&nbsp;</span></p> <p><span class="cls0">(a) Slaughter any such animals or prepare any such articles which are capable of use as human food at any establishment preparing such articles for intrastate commerce, except in compliance with the requirements of this act;&nbsp;</span></p> <p><span class="cls0">(b) Slaughter or handle in connection with slaughter any such animals in any manner not in accordance with Section 6183 of this title;&nbsp;</span></p> <p><span class="cls0">(c) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, (1) any such articles which (A) are capable of use as human food, and (B) are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (2) any articles required to be inspected under Sections 6181 through 6196 of this title unless they have been so inspected and passed;&nbsp;</span></p> <p><span class="cls0">(d) Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1985, c. 38, &sect; 7, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;26191. Forging of official marks or certificates.&nbsp;</span></p> <p><span class="cls0">(a) No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Board.&nbsp;</span></p> <p><span class="cls0">(b) No person, firm, or corporation shall&nbsp;</span></p> <p><span class="cls0">(1) forge any official device, mark, or certificate;&nbsp;</span></p> <p><span class="cls0">(2) without authorization from the Board use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;&nbsp;</span></p> <p><span class="cls0">(3) contrary to the regulations prescribed by the Board, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;&nbsp;</span></p> <p><span class="cls0">(4) knowingly possess, without promptly notifying the Board or its representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;&nbsp;</span></p> <p><span class="cls0">(5) knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Board; or&nbsp;</span></p> <p><span class="cls0">(6) knowingly represent that any article has been inspected and passed, or exempted, under this act, when, in fact, it has, respectively, not been so inspected and passed, or exempted.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1968, c. 63, &sect; 11, emerg. eff. March 19, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;2-6-192. Horse meat.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person to sell, offer or exhibit for sale, or have in his or her possession with intent to sell, any quantity of horsemeat for human consumption in Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for any person to transfer the possession of any horsemeat to any other person when the person so transferring knows, or in the exercise of a reasonable discretion should have known, that the person receiving the horsemeat intends to sell it in this state, offer it for sale in this state, exhibit it for sale in this state, or keep it in his possession with intent to sell it for human consumption in this state.&nbsp;</span></p> <p><span class="cls0">C. No person, firm, or corporation shall sell in this state, transport, offer for sale in this state or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the Board to show the kinds of animals from which they were derived. When required by the Board with respect to establishments at which inspection is maintained under Section 6-181 et seq. of this title, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which cattle, sheep, swine, or goats are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared.&nbsp;</span></p> <p><span class="cls0">D. The State Commissioner of Health or his or her authorized representative shall have free access to any transport vehicle, factory, warehouse or establishment in which horsemeat or feed suspected of containing horsemeat is transported, manufactured, processed, packed, sold, or prepared for serving to secure, after payment or offer to pay therefor, samples or specimens of such products found therein, to examine any and all sales records, shipping records relating to foods or horsemeat, to embargo any article of food or horsemeat suspected of being in violation of law, and to determine whether any law is being violated.&nbsp;</span></p> <p><span class="cls0">E. For the purpose of this section:&nbsp;</span></p> <p><span class="cls0">1. The term "horsemeat" shall mean the meat or flesh of any animal of the equine genus;&nbsp;</span></p> <p><span class="cls0">2. The term "package" or "container" shall mean the original, properly labeled package or container in which the horsemeat was packaged by the packer or processor at the point of origin; and&nbsp;</span></p> <p><span class="cls0">3. The term "properly labeled" shall mean a display of written, printed or graphic matter upon the outside package or container, or wrapper if there be one, stating the name and address of the original packer or processor, and in addition thereto shall include the word "horsemeat". All letters and words of the label shall be legible and of such size as to be easily read and understood by the ordinary individual under customary conditions of purchase and use.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 63, &sect; 12, emerg. eff. March 19, 1968. Amended by Laws 2013, c. 2, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;26193. Appointment of inspectors Rules and regulations.&nbsp;</span></p> <p><span class="cls0">The Board shall appoint from time to time inspectors to make examination and inspection of all cattle, sheep, swine, goats, horses, mules, and other equines, the inspection of which is hereby provided for, and of all carcasses and parts thereof, and of all meat and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products hereinbefore described are prepared; and said inspectors shall refuse to stamp, mark, tag or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbefore mentioned, until the same shall have actually been inspected and found to be not adulterated; and shall perform such other duties as are provided by this act and by the rules and regulations to be prescribed by said Board and said Board shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of this act, and all inspections and examinations made under this act shall be such and made in such manner as described in the rules and regulations prescribed by said Board not inconsistent with the provisions of this act.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1968, c. 63, &sect; 13, emerg. eff. March 19, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;26194. Bribery Penalties.&nbsp;</span></p> <p><span class="cls0">Any person, firm, or corporation, or any agent or employee of any person, firm, or corporation, who shall give, pay, or offer, directly or indirectly, to any inspector, deputy inspector, chief inspector, or any other officer or employee of this state authorized to perform any of the duties prescribed by this act or by the rules of the Board, any money or other thing of value, with intent to influence said inspector, deputy inspector, chief inspector, or other officer or employee of this state in the discharge of any duty herein provided for, shall be deemed guilty of a felony, upon conviction thereof, and shall be punished by a fine not less than Five Thousand Dollars ($5,000.00) nor more than Ten Thousand Dollars ($10,000.00) and by imprisonment not less than one (1) year nor more than three (3) years; and any inspector, deputy inspector, chief inspector, or other officer or employee of this state authorized to perform any of the duties prescribed by this act who shall accept any money, gift, or other thing of value from any person, firm, or corporation, or officers, agents, or employees thereof, given with intent to influence his official action, or who shall receive or accept from any person, firm, or corporation engaged in intrastate commerce any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be deemed guilty of a felony and shall, upon conviction thereof, be summarily discharged from office and shall be punished by a fine not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) and by imprisonment not less than one (1) year nor more than three (3) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 63, &sect; 14, emerg. eff. March 19, 1968. Amended by Laws 1997, c. 133, &sect; 89, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 27, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 89 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-195. Exemptions.&nbsp;</span></p> <p><span class="cls0">A. The provisions of Sections 6181 through 6196 of this title requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food products at establishments conducting such operations shall not apply: &nbsp;</span></p> <p><span class="cls0">1. To the slaughtering of animals of a person&rsquo;s own raising, and the preparation and transportation in intrastate commerce of the carcasses, parts thereof, meat and meat food products of such animals exclusively for use by a person and members of a person&rsquo;s household and nonpaying guests and employees; nor &nbsp;</span></p> <p><span class="cls0">2. To the custom slaughter by any person, firm, or corporation of cattle, bison, sheep, swine or goats delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in intrastate commerce of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use in the household of such owner, by the owner and members of the owner&rsquo;s household and nonpaying guests and employees.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this act requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments.&nbsp;</span></p> <p><span class="cls0">C. The slaughter of animals and preparation of articles referred to in paragraph 2 of subsection A and subsection B of this section shall be conducted in accordance with such sanitary conditions as the Board may by regulations prescribe. Violation of any such regulation is prohibited.&nbsp;</span></p> <p><span class="cls0">D. The humane slaughter and handling of animals and the adulteration and misbranding provisions of Sections 6181 through 6196 of this title, other than the requirement of the inspection legend, shall apply to articles which are not required to be inspected under this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 63, &sect; 15, emerg. eff. March 19, 1968. Amended by Laws 1978, c. 70, &sect; 1; Laws 1985, c. 38, &sect; 8, eff. Nov. 1, 1985; Laws 2010, c. 90, &sect; 1, emerg. eff. April 12, 2010.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;26196. Storing and handling Regulations.&nbsp;</span></p> <p><span class="cls0">The Board may, by regulations, prescribe conditions under which carcasses, parts of carcasses, meat, and meat food products of cattle, bison, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person, firm, or corporation engaged in the business of buying, selling, freezing, storing, or transporting, in or for intrastate commerce, such articles, whenever the Board deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited.&nbsp;</span></p> <p class="cls2"><span class="cls0">Amended by Laws 1985, c. 38, &sect; 9, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;26197. Articles not intended as human food.&nbsp;</span></p> <p><span class="cls0">Inspection shall not be provided under Sections 181 et seq. of this title at any establishment for the slaughter of cattle, bison, sheep, swine, goats, horses, mules, or other equines, or the preparation of any carcasses or parts or products of such animals which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Board to deter their use for human food. No person, firm, or corporation shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses, parts thereof, meat or meat food products of any such animals, which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Board or are naturally inedible by humans.&nbsp;</span></p> <p class="cls2"><span class="cls0">Amended by Laws 1985, c. 38, &sect; 10, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;26198. Records.&nbsp;</span></p> <p><span class="cls0">(a) The following classes of persons, firms, and corporations shall keep such records as will fully and correctly disclose all transactions involved in their businesses; and all persons, firms, and corporations subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Board, afford such representative and any duly authorized representative of the Secretary of Agriculture of the United States accompanied by such representative of the Board access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor:&nbsp;</span></p> <p><span class="cls0">(1) Any persons, firms, or corporations that engage, for intrastate commerce, in the business of slaughtering any cattle, bison, sheep, swine, goats, horses, mules, or other equines, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food;&nbsp;</span></p> <p><span class="cls0">(2) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers or otherwise), or transporting, in intrastate commerce, or storing in or for such commerce, any carcasses, or parts or products of carcasses, of any such animals;&nbsp;</span></p> <p><span class="cls0">(3) Any persons, firms, or corporations that engage in business, in or for intrastate commerce, as renderers, or engage in the business of buying, selling, or transporting, in such commerce, any dead, dying, disabled, or diseased cattle, bison, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter.&nbsp;</span></p> <p><span class="cls0">(b) Any record required to be maintained by this section shall be maintained for such period of time as the Board may by regulations prescribe.&nbsp;</span></p> <p class="cls2"><span class="cls0">Amended by Laws 1985, c. 38, &sect; 11, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;26199. Registration of certain businesses.&nbsp;</span></p> <p><span class="cls0">No person, firm, or corporation shall engage in business, in or for intrastate commerce, as a meat broker, renderer, or animal food manufacturer, or engage in business in such commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, bison, sheep, swine, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for such commerce, or engage in the business of buying, selling, or transporting in such commerce any dead, dying, disabled, or diseased animals of the specified kinds, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless, when required by regulations of the Board, he has registered with the Board his name, and the address of each place of business at which and all trade names under which he conducts such business.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1955, p. 42, art. 6(A), &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;26200. Dead, dying or disabled animals Regulations concerning.&nbsp;</span></p> <p><span class="cls0">No person, firm, or corporation engaged in the business of buying, selling, or transporting in intrastate commerce dead, dying, disabled, or diseased animals, or any part of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in such commerce, any dead, dying, disabled, or diseased cattle, bison, sheep, swine, goats, horses, mules or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless such transaction or transportation is made in accordance with such regulations as the Board prescribes to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.&nbsp;</span></p> <p class="cls2"><span class="cls0">Amended by Laws 1985, c. 38, &sect; 13, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;26201. Cooperation with Federal Government.&nbsp;</span></p> <p><span class="cls0">(a) The Oklahoma State Board of Agriculture is hereby designated as the state agency which shall be responsible for cooperating with the Secretary of Agriculture of the United States under the provisions of Section 301 of the Federal Meat Inspection Act and such agency may cooperate with the Secretary of Agriculture of the United States in developing and administering the meat inspection program of this state under this act to assure that not later than November 15, 1969, its requirements will be at least equal to those imposed under Titles I and IV of the Federal Meat Inspection Act and in developing and administering the program of this state under Section 6197 et seq. of this title in such a manner as will effectuate the purposes of this act and said Federal Act.&nbsp;</span></p> <p><span class="cls0">(b) In such cooperative efforts, the Oklahoma State Board of Agriculture is authorized to accept from said Secretary advisory assistance in planning and otherwise developing the state program, technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The Oklahoma State Board of Agriculture is further authorized to spend public funds of this state appropriated for administration of this act.&nbsp;</span></p> <p><span class="cls0">(c) The Oklahoma State Board of Agriculture is further authorized to recommend to the said Secretary of Agriculture such officials or employees of this state as the Oklahoma State Board of Agriculture shall designate, for appointment to the advisory committees provided for in Section 301 of the Federal Meat Inspection Act; and the President of the Oklahoma State Board of Agriculture shall serve as the representative of the Governor for consultation with said Secretary under paragraph (c) of Section 301 of said act, unless the Governor shall select another representative.&nbsp;</span></p> <p class="cls2"><span class="cls0">Amended by Laws 1986, c. 309, &sect; 10, operative July 1, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;26202. Refusal or withdrawal of inspection.&nbsp;</span></p> <p><span class="cls0">The Board may (for such period, or indefinitely, as it deems necessary to effectuate the purposes of this act) refuse to provide, or withdraw, inspection service under Sections 1 through 16 of this act with respect to any establishment if it determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under Sections 1 through 16 of this act because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any federal or state court of (1) any felony, or (2) more than one (1) violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this act for withdrawal of inspection services under Sections 1 through 16 from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products.&nbsp;</span></p> <p><span class="cls0">For the purpose of this section a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of ten percent (10%) or more of its voting stock or employee in a managerial or executive capacity. The determination and order of the Board with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty (30) days after the effective date of such order in the appropriate court as provided in Section 25. Judicial review of any such order shall be upon the record upon which the determination and order are based.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1968, c. 63, &sect; 22, emerg. eff. March 19, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;26203. Detention of animals or products.&nbsp;</span></p> <p><span class="cls0">Whenever any carcass, part of a carcass, meat or meat food product of cattle, bison, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, bison, sheep, swine, goat, or equine is found by any authorized representative of the Board upon any premises where it is held for purposes of or during or after distribution in intrastate commerce, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of Sections 6181 et seq. of this title or of the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act, or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty (20) days, pending action under Section 6204 of this title or notification of any federal authorities having jurisdiction over such article or animal, and shall not be moved by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Board that the article or animal is eligible to retain such marks.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1968, c. 63, &sect; 22, emerg. eff. March 19, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;26204. Seizure and condemnation.&nbsp;</span></p> <p><span class="cls0">(a) Any carcass, part of a carcass, meat or meat food product of cattle, bison, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled, or diseased cattle, bison, sheep, swine, goat, or equine, that is being transported in intrastate commerce, or is held for sale in this state after such transportation, and that (1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this act, or (2) is capable of use as human food and is adulterated or misbranded, or (3) in any other way is in violation of this act, shall be liable to be proceeded against and seized and condemned, at any time, on an information filed in any proper court as provided in Section 6205 of this title within the jurisdiction of which the article or animal is found. If the article or animal is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the treasury of this state, but the article or animal shall not be sold contrary to the provisions of this act, or the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act, provided, that upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this act, or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the Board as is necessary to ensure compliance with the applicable laws. When a decree of condemnation is entered against the article or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal. The proceedings shall be at the suit of and in the name of this state.&nbsp;</span></p> <p><span class="cls0">(b) The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this act, or other laws.&nbsp;</span></p> <p class="cls2"><span class="cls0">Amended by Laws 1985, c. 38, &sect; 15, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;26205. District courts Jurisdiction.&nbsp;</span></p> <p><span class="cls0">The district courts are vested with jurisdiction specifically to enforce and to prevent and restrain violations of this act, and shall have jurisdiction in all other kinds of cases arising under this act, except as provided in Section 7(e) of this act.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1968, c. 63, &sect; 25, emerg. eff. March 19, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;26206. Interference with persons engaged in official duties Penalties.&nbsp;</span></p> <p><span class="cls0">Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this act shall be guilty of a felony and fined not more than Five Thousand Dollars ($5,000.00) or imprisoned not more than three (3) years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon shall be guilty of a felony and fined not more than Ten Thousand Dollars ($10,000.00), or imprisoned not more than ten (10) years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this act shall be punished as provided under Section 691 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 63, &sect; 26, emerg. eff. March 19, 1968. Amended by Laws 1997, c. 133, &sect; 90, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 28, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 90 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;26207. Violations and penalties.&nbsp;</span></p> <p><span class="cls0">(a) Any person, firm, or corporation who violates any provision of the Oklahoma Meat Inspection Act for which no other criminal penalty is provided by this act shall upon conviction be subject to imprisonment for not more than one (1) year, or a fine of not more than One Thousand Dollars ($1,000.00), or both such imprisonment and fine; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in subparagraph (8) of paragraph (j) of Section 6-182 of this title), such person, firm, or corporation shall be subject to imprisonment for not more than three (3) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both; provided, that no person, firm, or corporation shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this act if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the Board the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him.&nbsp;</span></p> <p><span class="cls0">(b) Nothing in this act shall be construed as requiring the Board to report for prosecution, or for the institution of legal action or injunction proceedings, minor violations of this act whenever it believes that the public interest will be adequately served by a suitable written notice of warning.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 63, &sect; 27, emerg. eff. March 19, 1968. Amended by Laws 1997, c. 133, &sect; 88, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 26, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 88 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;26208. Powers of Board.&nbsp;</span></p> <p><span class="cls0">(a) The Board shall also have power:&nbsp;</span></p> <p><span class="cls0">(1) To gather and compile information concerning and to investigate from time to time the organization, business, conduct, practices, and management of any person, firm, or corporation engaged in intrastate commerce, and the relation thereof to other persons, firms, and corporations;&nbsp;</span></p> <p><span class="cls0">(2) To require, by general or special orders, persons, firms, and corporations engaged in intrastate commerce, or any class of them, or any of them to file with the Board in such form as the Board may prescribe, annual or special, or both annual and special, reports or answers, in writing, to specific questions, furnishing to the Board such information as it may require as to the organization, business, conduct, practices, management, and relation to other persons, firms, and corporations, of the person, firm, or corporation filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the Board may prescribe, and shall be filed with the Board within such reasonable period as the Board may prescribe, unless additional time be granted in any case by the Board.&nbsp;</span></p> <p><span class="cls0">(b) For the purposes of this act the Board shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person, firm, or corporation being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person, firm, or corporation relating to any matter under investigation. The Board may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence.&nbsp;</span></p> <p><span class="cls0">(1) Such attendance of witnesses and the production of such documentary evidence may be required at any designated place of hearing. In case of disobedience to a subpoena the Board may invoke the aid of any court designated in Section 6-205 of this title in requiring the attendance and testimony of witnesses and the production of documentary evidence.&nbsp;</span></p> <p><span class="cls0">(2) Any of the courts designated in Section 6-205 of this title within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, firm, or corporation, issue an order requiring such person, firm, or corporation to appear before the Board or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.&nbsp;</span></p> <p><span class="cls0">(3) Upon the application of the Attorney General of this state at the request of the Board, the district court shall have jurisdiction to issue writs of mandamus commanding any person, firm, or corporation to comply with the provisions of this act or any order of the Board made in pursuance thereof.&nbsp;</span></p> <p><span class="cls0">(4) The Board may order testimony to be taken by deposition in any proceeding or investigation pending under this act at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Board and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Board as hereinbefore provided.&nbsp;</span></p> <p><span class="cls0">(5) Witnesses summoned before the Board shall be paid the same fees and mileage that are paid witnesses in the courts of this state, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in such courts, except the person or representatives of the firm or corporation charged with a violation and so summoned shall not be paid the fees and mileage that are paid witnesses.&nbsp;</span></p> <p><span class="cls0">(6) No person, firm, or corporation shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements, or other documentary evidence before the Board or in obedience to the subpoena of the Board, whether such subpoena be signed or issued by it or its delegate, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this act, or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or it may tend to incriminate him or it or subject him or it to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against selfincrimination, to testify or produce evidence, documentary or otherwise, except that any person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.&nbsp;</span></p> <p><span class="cls0">(c) Any person, firm, or corporation that shall neglect or refuse to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his or its power to do so, in obedience to the subpoena or lawful requirement of the Board shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">(1) Any person, firm, or corporation that shall willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under this act, or that shall willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person, firm, or corporation subject to this act or that shall willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such person, firm, or corporation, or that shall willfully remove out of the jurisdiction of this state, or willfully mutilate, alter, or by any other means falsify any documentary evidence of any such person, firm, or corporation or that shall willfully refuse to submit to the Board or to any of its authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any such person, firm, or corporation in his possession or within his control, shall be deemed guilty of a felony. Such person shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than Five Thousand Dollars ($5,000.00), or to imprisonment for a term of not more than three (3) years, or to both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">(2) If any person, firm, or corporation required by this act to file any annual or special report shall fail so to do within the time fixed by the Board for filing the same, and such failure shall continue for thirty (30) days after notice of such default, such person, firm, or corporation shall forfeit to this state the sum of One Hundred Dollars ($100.00) for each and every day of the continuance of such failure, which forfeiture shall be payable into the treasury of this state, and shall be recoverable in a civil suit in the name of the state brought in the county where the person, firm, or corporation has his or its principal office or in any county in which he or it shall do business. It shall be the duty of the various district attorneys, under the direction of the Attorney General of this state, to prosecute for the recovery of such forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of this state.&nbsp;</span></p> <p><span class="cls0">(3) Any officer or employee of this state who shall make public any information obtained by the Board without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment, in the discretion of the court.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 63, &sect; 28, emerg. eff. March 19, 1968. Amended by Laws 1997, c. 133, &sect; 91, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 29, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 91 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;26209. Application of act with respect to Federal Meat Inspection Act.&nbsp;</span></p> <p><span class="cls0">The requirements of this act shall apply to persons, firms, corporation establishments, animals, and articles regulated under the Federal Meat Inspection Act only to the extent provided for in Section 408 of said Federal Act.&nbsp;</span></p> <p><span class="cls0">Laws 1968, c. 63, &sect; 29, emerg. eff. March 19, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;26213. Administration of Meat Inspection Act and Poultry Product Inspection Act.&nbsp;</span></p> <p><span class="cls0">The State Department of Agriculture shall carry out the provisions of the Oklahoma Meat Inspection Act, Sections 6181 through 6209 of Title 2 of the Oklahoma Statutes and the Oklahoma Poultry Products Inspection Act, Sections 6251 through 6276 of Title 2 of the Oklahoma Statutes. Further, the provisions of this act shall be administered by the Department despite any potential requested reductions in the overall Department budget.&nbsp;</span></p> <p class="cls2"><span class="cls0">Added by Laws 1987, c. 237, &sect; 1, emerg. eff. May 4, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;26251. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be designated as the Oklahoma Poultry Products Inspection Act.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 1, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26252. Purpose.&nbsp;</span></p> <p><span class="cls0">Poultry and poultry products are an important source of the nation's total supply of food. It is essential in the public interest that the health and welfare of consumers be protected by assuring that slaughtered poultry and poultry products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded poultry or poultry products are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged poultry and poultry products, and result in sundry losses to poultry producers and processors of poultry and poultry products, as well as injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged articles, to the detriment of consumers and the public generally. It is hereby found that regulation by the Board and cooperation by this state and the United States as contemplated by this act are appropriate to protect the health and welfare of consumers and otherwise effectuate the purposes of this act.&nbsp;</span></p> <p><span class="cls0">Laws 1970, c. 260, &sect; 2, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26253. Policy and intent.&nbsp;</span></p> <p><span class="cls0">It is hereby declared to be the policy of the Legislature of this state to provide for the inspection of poultry and poultry products and otherwise regulate the processing and distribution of such articles as hereinafter prescribed to prevent the movement or sale in intrastate commerce of poultry and poultry products which are adulterated or misbranded. It is the intent of the Legislature that when poultry and poultry products are condemned because of disease, the reason for condemnation in such instances shall be supported by scientific fact, information, or criteria, and such condemnation under this act shall be achieved through uniform inspection standards and uniform applications thereof.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 3, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26254. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of this act, the following terms shall have the meanings stated below:&nbsp;</span></p> <p><span class="cls0">1. The term "Board" means the State Board of Agriculture or its delegate.&nbsp;</span></p> <p><span class="cls0">2. The term "person" means any individual, partnership, corporation, association, or other business unit.&nbsp;</span></p> <p><span class="cls0">3. The term "poultry products broker" means any person engaged in the business of buying or selling poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or an as employee of another person.&nbsp;</span></p> <p><span class="cls0">4. The term "renderer" means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of poultry, except rendering conducted under inspection or exemption under this act.&nbsp;</span></p> <p><span class="cls0">5. The term "animal food manufacturer" means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of poultry.&nbsp;</span></p> <p><span class="cls0">6. The term "intrastate commerce" means commerce within this state.&nbsp;</span></p> <p><span class="cls0">7. The term "poultry" means any domesticated bird, whether live or dead.&nbsp;</span></p> <p><span class="cls0">8. The term "poultry product" means any poultry carcass, or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Board from definition as a poultry product under such conditions as the Board may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.&nbsp;</span></p> <p><span class="cls0">9. The term "capable of use as human food" shall apply to any carcass, or part or product of a carcass, of any poultry, unless it is denatured or otherwise identified as required by regulations prescribed by the Board to deter its use as human food, or it is naturally inedible by humans.&nbsp;</span></p> <p><span class="cls0">10. The term "processed" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.&nbsp;</span></p> <p><span class="cls0">11. The term "adulterated" shall apply to any poultry product under one or more of the following circumstances:&nbsp;</span></p> <p><span class="cls0">(a) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health;&nbsp;</span></p> <p><span class="cls0">(b) (1) if it bears or contains, by reason of administration of any substance to the live poultry or otherwise, any added poisonous or added deleterious substance, other than one which is:&nbsp;</span></p> <p><span class="cls0">a. a pesticide chemical in or on a raw agricultural commodity;&nbsp;</span></p> <p><span class="cls0">b. a food additive; or&nbsp;</span></p> <p><span class="cls0">c. a color additive;&nbsp;</span></p> <p><span class="cls0">which may, in the judgment of the Board, make such article unfit for human food;&nbsp;</span></p> <p><span class="cls0">(2) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 of the Federal Food, Drug, and Cosmetic Act;&nbsp;</span></p> <p><span class="cls0">(3) if it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act;&nbsp;</span></p> <p><span class="cls0">(4) if it bears or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act:&nbsp;</span></p> <p><span class="cls0">Provided, that an article which is not otherwise deemed adulterated under clause (2), (3), or (4) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Board in official establishments;&nbsp;</span></p> <p><span class="cls0">(c) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;&nbsp;</span></p> <p><span class="cls0">(d) if it has been prepared, packed, or held under insanitary conditions whereby it may become contaminated with filth, or whereby it may have been rendered injurious to health;&nbsp;</span></p> <p><span class="cls0">(e) if it is, in whole or in part, the product of any poultry which has died otherwise than by slaughter;&nbsp;</span></p> <p><span class="cls0">(f) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;&nbsp;</span></p> <p><span class="cls0">(g) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to Section 409 of the Federal Food, Drug, and Cosmetic Act; or&nbsp;</span></p> <p><span class="cls0">(h) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.&nbsp;</span></p> <p><span class="cls0">12. The term "misbranded" shall apply to any poultry product under one or more of the following circumstances:&nbsp;</span></p> <p><span class="cls0">(a) if its labeling is false or misleading in any particular;&nbsp;</span></p> <p><span class="cls0">(b) if it is offered for sale under the name of another food;&nbsp;</span></p> <p><span class="cls0">(c) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter the name of the food imitated;&nbsp;</span></p> <p><span class="cls0">(d) if its container is so made, formed, or filled as to be misleading;&nbsp;</span></p> <p><span class="cls0">(e) unless it bears a label showing:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1) the name and place of business of the manufacturer, packer, or distributor; and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count;&nbsp;</span></p> <p><span class="cls0">Provided, that under clause (2) of this subparagraph (e), reasonable variations may be permitted, and exemptions as to small packages or articles not in packages or other containers may be established, by regulations prescribed by the Board;&nbsp;</span></p> <p><span class="cls0">(f) if any word, statement, or other information required by or under authority of this act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;&nbsp;</span></p> <p><span class="cls0">(g) if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Board under Section 8 of this act unless:&nbsp;</span></p> <p class="cls8"><span class="cls0">(1) it conforms to such definition and standard, and&nbsp;&nbsp;(2) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring, and coloring, present in such food;&nbsp;</span></p> <p><span class="cls0">(h) if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Board under Section 8 of this act, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;&nbsp;</span></p> <p><span class="cls0">(i) if it is not subject to the provisions of subparagraph (g) unless its label bears&nbsp;</span></p> <p class="cls3"><span class="cls0">(1) the common or usual name of the food, if any there be, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the Board, be designated as spices, flavorings, and colorings without naming each:&nbsp;</span></p> <p><span class="cls0">Provided, that to the extent that compliance with the requirements of clause (2) of this subparagraph (i) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Board.&nbsp;</span></p> <p><span class="cls0">(j) if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Board, after consultation with the Secretary of Agriculture of the United States, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses;&nbsp;</span></p> <p><span class="cls0">(k) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that, to the extent that compliance with the requirements of this subparagraph (k) is impracticable, exemptions shall be established by regulations promulgated by the Board; or&nbsp;</span></p> <p><span class="cls0">(1) if it fails to bear on its containers, and in the case of nonconsumer packed carcasses, if the Board so requires, directly thereon, as the Board may by regulations prescribed, the official inspection legend and official establishment number of the establishment where the article was processed and, unrestricted by any of the foregoing, such other information as the Board may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.&nbsp;</span></p> <p><span class="cls0">13. The term "label" means a display of written, printed, or graphic matter upon any article or the immediate container, not including package liners, of any article.&nbsp;</span></p> <p><span class="cls0">14. The term "labeling" means all labels and other written, printed, or graphic matter&nbsp;</span></p> <p><span class="cls0">(a) upon any article or any of its containers or wrappers, or&nbsp;</span></p> <p><span class="cls0">(b) accompanying such article.&nbsp;</span></p> <p><span class="cls0">15. The term "Federal Poultry Products Inspection Act" means the act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791).&nbsp;</span></p> <p><span class="cls0">16. The term "Federal Food, Drug, and Cosmetic Act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatory thereof or supplementary thereto.&nbsp;</span></p> <p><span class="cls0">17. The terms "pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" shall have the same meanings for purposes of this act as under the Federal Food, Drug, and Cosmetic Act.&nbsp;</span></p> <p><span class="cls0">18. The term "official mark" means the official inspection legend or any other symbol prescribed by regulation of the Board to identify the status of any article or poultry under this act.&nbsp;</span></p> <p><span class="cls0">19. The term "official inspection legend" means any symbol prescribed by regulation of the Board showing that an article was inspected for wholesomeness in accordance with this act.&nbsp;</span></p> <p><span class="cls0">20. The term "official certificate" means any certificate prescribed by regulation of the Board for issuance by an inspector or other person performing official functions under this act.&nbsp;</span></p> <p><span class="cls0">21. The term "official device" means any device prescribed or authorized by the Board for use in applying any official mark.&nbsp;</span></p> <p><span class="cls0">22. The term "official establishment" means any establishment as determined by the Board at which inspection of the slaughter of poultry, or the processing of poultry products, is maintained under the authority of this act.&nbsp;</span></p> <p><span class="cls0">23. The term "inspection service" means the Meat Inspection Division designated by the Board as having the responsibility for carrying out the provisions of this act.&nbsp;</span></p> <p><span class="cls0">24. The term "inspector" means an employee or official of the State Board of Agriculture authorized by the Board to inspect poultry and poultry products under the authority of this act, or any employee or official of the government of any county or other governmental subdivision of this state authorized by the Board to inspect poultry and poultry products under authority of this act, under an agreement entered into between the Board and such governmental subdivision.&nbsp;</span></p> <p><span class="cls0">25. The term "container" or "package" includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.&nbsp;</span></p> <p><span class="cls0">26. The term "shipping container" means any container used or intended for use in packaging the product packed in an immediate container.&nbsp;</span></p> <p><span class="cls0">27. The term "immediate container" includes any consumer package; or any other container in which poultry products, not consumer packaged, are packed.&nbsp;</span></p> <p><span class="cls0">Laws 1970, c. 260, &sect; 4, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26255. Cooperative efforts.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Agriculture is hereby designated as the state agency which shall be responsible for cooperating with the Secretary of Agriculture of the United States under the provisions of Section 5 of the Federal Poultry Products Inspection Act and such agency may cooperate with the Secretary of Agriculture of the United States in developing and administering the poultry products inspection program of this state under this act to assure that not later than August 18, 1970, the state requirements will be at least equal to those imposed under Sections 14, 610, and 1222 of the Federal Poultry Products Inspection Act and in developing and administering the program of this state under Section 11 of this act in such a manner as will effectuate the purposes of this act and said Federal Act.&nbsp;</span></p> <p><span class="cls0">B. In such cooperative efforts, the Board is authorized to accept from said Secretary advisory assistance in planning and otherwise developing the state program, technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment, and financial and other aid for administration of such a program. The Board is further authorized to spend public funds of this state appropriated for administration of this act to pay such share of the estimated total cost of the cooperative program as may be agreed upon by the Board and the Secretary.&nbsp;</span></p> <p><span class="cls0">C. The Board is further authorized to recommend to the said Secretary of Agriculture such officials or employees of this state as the Board shall designate, for appointment to the advisory committees provided for in Section 5 of the Federal Poultry Products Inspection Act; and the Board shall serve as the representative of the Governor for consultation with said Secretary under paragraph C of Section 5 of said act unless the Governor shall select another representative.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 5, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26256. Antemortem and postmortem inspection in official establishments Condemnation Appeals.&nbsp;</span></p> <p><span class="cls0">A. For the purpose of preventing the entry into or flow or movement in intrastate commerce of any poultry product which is capable of use as human food and is adulterated, the Board shall, where and to the extent considered by it necessary, cause to be made by inspectors antemortem inspection of poultry in each official establishment engaged in processing poultry or poultry products solely for intrastate commerce.&nbsp;</span></p> <p><span class="cls0">B. The Board, whenever processing operations are being conducted, shall cause to be made by inspectors postmortem inspection of the carcass of each bird processed, and at any time such quarantine, segregation and reinspection as it deems necessary of poultry and poultry products capable of use as human food in each official establishment engaged in processing poultry or poultry products solely for intrastate commerce.&nbsp;</span></p> <p><span class="cls0">C. All poultry carcasses and parts thereof and other poultry products found to be adulterated shall be condemned and shall, if no appeal be taken from such determination of condemnation, be destroyed for human food purposes under the provision of an inspector. Provided, that carcasses, parts, and products which may by reprocessing be made not adulterated, need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not adulterated. If an appeal be taken from such determination, the carcasses, parts, or products shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the Board determines that the appeal is frivolous. If the determination of condemnation is sustained, the carcasses, parts, and products shall be destroyed for food purposes under the supervision of an inspector.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 6, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26257. Sanitary practices.&nbsp;</span></p> <p><span class="cls0">A. Each official establishment slaughtering poultry or processing poultry products solely for intrastate commerce shall have such premises, facilities, and equipment, and be operated in accordance with such sanitary practices, as are required by regulations promulgated by the Board for the purpose of preventing the entry into or flow or movement in intrastate commerce of poultry products which are adulterated.&nbsp;</span></p> <p><span class="cls0">B. The Board shall refuse to render inspection to any establishment whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 7, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26258. Marking and labeling.&nbsp;</span></p> <p><span class="cls0">A. All poultry products inspected at any official establishment under the authority of this act and found to be not adulterated shall at the time they leave the establishment bear, in distinctly legible form, on their shipping containers and immediate containers as the Board may require, the information required under paragraph 12 of Section 4 of this act. In addition, the Board whenever it determines such action is practicable and necessary for the protection of the public may require nonconsumer packaged carcasses at the time they leave the establishment to bear directly thereon in distinctly legible form any information required under such paragraph 12.&nbsp;</span></p> <p><span class="cls0">B. The Board, whenever it determines such action is necessary for the protection of the public, may prescribe:&nbsp;</span></p> <p><span class="cls0">1. the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling in marking or otherwise labeling any articles or poultry subject to this act; and&nbsp;</span></p> <p><span class="cls0">2. definitions and standards of identity or composition for articles subject to this act and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act, or under the Federal Poultry Products Inspection Act, and there shall be consultation between the Board and the Secretary of Agriculture of the United States prior to the issuance of such standards to avoid inconsistency between such standards and the Federal standards.&nbsp;</span></p> <p><span class="cls0">C. No article subject to this act shall be sold or offered for sale by any person in intrastate commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Board are permitted.&nbsp;</span></p> <p><span class="cls0">D. If the Board has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this act is false or misleading in any particular, it may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as it may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling or container does not accept the determination of the Board, such person may request a hearing, but the use of the marking, labeling, or container shall, if the Board so directs, be withheld pending hearing and final determination by the Board. Any such determination by the Board shall be conclusive unless, within thirty (30) days after receipt of notice of such final determination, the person adversely affected thereby appeals to the District Court of Oklahoma County. This provision would not apply to established trademarks or labeling approved by the U.S.D.A.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 8, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26259. Prohibited acts.&nbsp;</span></p> <p><span class="cls0">A. No person shall:&nbsp;</span></p> <p><span class="cls0">1. slaughter any poultry or process any poultry products which are capable of use as human food at any establishment processing any such articles solely for intrastate commerce, except in compliance with the requirements of this act;&nbsp;</span></p> <p><span class="cls0">2. sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce:&nbsp;</span></p> <p class="cls3"><span class="cls0">(a) any poultry products which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or&nbsp;</span></p> <p class="cls3"><span class="cls0">(b) any poultry products required to be inspected under this act unless they have been so inspected and passed;&nbsp;</span></p> <p><span class="cls0">3. do, with respect to any poultry products which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such products to be adulterated or misbranded;&nbsp;</span></p> <p><span class="cls0">4. sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce or from an official establishment, any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with regulations promulgated by the Board, except as may be authorized by regulations of the Board;&nbsp;</span></p> <p><span class="cls0">5. use to his own advantage, or reveal other than to the authorized representatives of the state government or any other government in their official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of this act concerning any matter which is entitled to protection as a trade secret.&nbsp;</span></p> <p><span class="cls0">B. No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Board.&nbsp;</span></p> <p><span class="cls0">C. No person shall:&nbsp;</span></p> <p><span class="cls0">1. forge any official device, mark, or certificate;&nbsp;</span></p> <p><span class="cls0">2. without authorization from the Board use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;&nbsp;</span></p> <p><span class="cls0">3. contrary to the regulations prescribed by the Board, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;&nbsp;</span></p> <p><span class="cls0">4. knowingly possess, without promptly notifying the Board or its representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any poultry, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;&nbsp;</span></p> <p><span class="cls0">5. knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Board; or&nbsp;</span></p> <p><span class="cls0">6. knowingly represent that any article has been inspected and passed, or exempted, under this act when, in fact, it has, respectively, not been so inspected and passed, or exempted.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 8, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26260. Compliance with act.&nbsp;</span></p> <p><span class="cls0">No establishment processing poultry or poultry products solely for intrastate commerce shall process any poultry or poultry product capable of use as human food except in compliance with the requirements of this act.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 10, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26261. Products not intended for use as human food Records Brokers, renderers or manufacturers Dead or diseased poultry.&nbsp;</span></p> <p><span class="cls0">A. Inspection shall not be provided under this act at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry, which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in intrastate commerce, be denatured or otherwise identified as prescribed by regulations of the Board to deter their use for human food. No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any poultry carcasses or parts or products thereof which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Board or naturally inedible by humans.&nbsp;</span></p> <p><span class="cls0">B. The following classes of persons shall, for such period of time as the Board may by regulations prescribe, not to exceed two (2) years unless otherwise directed by the Board for good cause shown, keep such records as are properly necessary for the effective enforcement of this act in order to insure against adulterated or misbranded poultry products for the American consumer; and all persons subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Board, afford such representative access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor:&nbsp;</span></p> <p><span class="cls0">1. Any person that engages in the business of slaughtering any poultry or processing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any poultry, for intrastate commerce, for use as human food or animal food;&nbsp;</span></p> <p><span class="cls0">2. Any person that engages in the business of buying or selling, as poultry products brokers, wholesalers, or otherwise, or transporting, in intrastate commerce, or storing in or for intrastate commerce, any carcasses, or parts or products of carcasses, of any poultry;&nbsp;</span></p> <p><span class="cls0">3. Any person that engages in business, in or for intrastate commerce, as a renderer, or engages in the business of buying, selling, or transporting, in intrastate commerce, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter.&nbsp;</span></p> <p><span class="cls0">C. No person shall engage in business, in or for intrastate commerce, as a poultry products broker, renderer, or animal food manufacturer, or engage in business in intrastate commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for intrastate commerce, or engage in the business of buying, selling, or transporting in intrastate commerce any dead, dying, disabled, or diseased poultry, or parts of the carcasses of any poultry that died otherwise than by slaughter, unless, when required by regulations of the Board, he has registered with the Board his name and the address of each place of business at which, and all trade names under which, he conducts such business.&nbsp;</span></p> <p><span class="cls0">D. No person engaged in the business of buying, selling, or transporting in intrastate commerce, dead, dying, disabled or diseased poultry, or any parts of the carcasses of any poultry that dies otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation in intrastate commerce, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter, unless such transaction or transportation is made in accordance with such regulations as the Board may prescribe to assure that such poultry, or the unwholesome parts or products thereof, will be prevented from being used for human food.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 11, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26262. Penalties.&nbsp;</span></p> <p><span class="cls0">A. Any person who violates the provisions of Sections 6-259, 6-260, 6-261 or 6-264 of this title shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than one (1) year, or both; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated, except as defined in subparagraph (h) of paragraph 11 of Section 6-254 of this title, such person shall be guilty of a felony and fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned not more than three (3) years or both. When construing or enforcing the provisions of said sections, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as of such person.&nbsp;</span></p> <p><span class="cls0">B. No carrier shall be subject to the penalties of this act, other than the penalties for violation of Section 6261 of this title, by reason of his receipt, carriage, holding, or delivery, in the usual course of business, as a carrier of poultry or poultry products, owned by another person unless the carrier has knowledge, or is in possession of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked in accordance with the provisions of this act or were otherwise not eligible for transportation under this act or unless the carrier refuses to furnish on request of a representative of the Board the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poultry or poultry products to such carrier.&nbsp;</span></p> <p><span class="cls0">C. Any person who interferes by any act with an inspector in the performance of his official duties shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 260, &sect; 12, emerg. eff. April 22, 1970. Amended by Laws 1997, c. 133, &sect; 92, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 30, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 92 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;26263. Notice of violations.&nbsp;</span></p> <p><span class="cls0">Before any violation of this act is reported by the Board to any district attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this act shall be construed as requiring the Board to report for criminal prosecution violation of this act whenever it believes that the public interest will be adequately served and compliance with the act obtained by a suitable written notice or warning.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 13, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26264. Storage and handling regulations.&nbsp;</span></p> <p><span class="cls0">A. The Board may by regulations prescribe conditions under which poultry products capable of use as human food shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting, in or for intrastate commerce, such articles, whenever the Board deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited.&nbsp;</span></p> <p><span class="cls0">B. The Board shall promulgate such other rules and regulations as are necessary to carry out the provisions of this act.&nbsp;</span></p> <p><span class="cls0">C. When opportunity is afforded for submission of comments by interested persons on proposed rules or regulations under this act, it shall include opportunity for oral presentation of views.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 14, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26265. Exemptions.&nbsp;</span></p> <p><span class="cls0">A. The Board shall, by regulation and under such conditions, including requirements, as to sanitary standards, practices, and procedures as it may prescribe, exempt from specific provisions of this act with respect to processing of poultry or poultry products solely for intrastate commerce and distribution of poultry or poultry products only in such commerce:&nbsp;</span></p> <p><span class="cls0">1. for such period of time as the Board determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this act, any person engaged in the processing of poultry or poultry products and the poultry or poultry products processed by such person; provided, that, no such exemption shall continue in effect more than one hundred twenty (120) days after enactment of this act;&nbsp;</span></p> <p><span class="cls0">2. persons slaughtering, processing, or otherwise handling poultry or poultry products which have been or are to be processed as required by recognized religious dietary laws, to the extent that the Board determines necessary to avoid conflict with such requirements while still effectuating the purposes of this act;&nbsp;</span></p> <p><span class="cls0">3. the slaughtering by any person of poultry of his own raising, and the processing by him and transportation of the poultry products exclusively for use by him and members of his household and his nonpaying guests and employees;&nbsp;</span></p> <p><span class="cls0">4. the custom slaughter by any person of poultry delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation of the poultry products exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees; provided, that, such custom slaughterer does not engage in the business of buying or selling any poultry products capable of use as human food;&nbsp;</span></p> <p><span class="cls0">5. operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retailtype establishment for sale in normal retail quantities or service of such articles to consumers at such establishments, if no poultry or poultry products are processed at the establishment for distribution within this state or otherwise subject to inspection under the Federal Poultry Products Inspection Act.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this act shall not apply to poultry producers with respect to poultry of their own raising on their own farms if&nbsp;</span></p> <p><span class="cls0">1. such producers slaughter not more than two hundred fifty turkeys, or not more than an equivalent number of birds of all species during the calendar year for which this exemption is being determined, four birds of other species being deemed the equivalent of one turkey;&nbsp;</span></p> <p><span class="cls0">2. such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms.&nbsp;</span></p> <p><span class="cls0">C. The adulteration and misbranding provisions of this act, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection under this section.&nbsp;</span></p> <p><span class="cls0">D. The Board may by order suspend or terminate any exemption with respect to any person whenever it finds that such action will aid in effectuating the purposes of this act.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 15, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26266. Limitation on entry of products into official establishment.&nbsp;</span></p> <p><span class="cls0">The Board may limit the entry of poultry products and other materials into any official establishment, under such conditions as it may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this act.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 16, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26267. Withdrawal or refusal of inspection service.&nbsp;</span></p> <p><span class="cls0">A. The Board may, for such period, or indefinitely, as it deems necessary to effectuate the purposes of this act, refuse to provide, or withdraw, inspection service under this act with respect to any establishment if it determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection upon this act because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any federal or state court, within the previous ten (10) years, of&nbsp;</span></p> <p><span class="cls0">1. any felony or more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions in food; or&nbsp;</span></p> <p><span class="cls0">2. any felony, involving fraud, bribery, extortion, or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public health. For the purpose of this paragraph, a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of ten percent (10%) or more of its voting stock or employee in a managerial or executive capacity.&nbsp;</span></p> <p><span class="cls0">B. Upon the withdrawal of inspection service from any official establishment for failure to destroy condemned poultry products as required under Section 6 of this act, or other failure of an official establishment to comply with the requirements as to premises, facilities, or equipment, or the operation thereof, as provided in Section 7 of this act, or the refusal of inspection service to any applicant therefor because of failure to comply with any requirements under Section 7, the applicant for, or recipient of, the service shall, upon request, be afforded opportunity for a hearing with respect to the merits or validity of such action; but such withdrawal or refusal shall continue in effect unless otherwise ordered by the Board.&nbsp;</span></p> <p><span class="cls0">C. The determination and order of the Board, when made after opportunity for hearing, with respect to withdrawal or refusal of inspection service under this act, shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty (30) days after the effective date of such order in the District Court of Oklahoma County. Judicial review of any such order shall be upon the record upon which the determination and order are based.&nbsp;</span></p> <p><span class="cls0">Laws 1970, c. 260, &sect; 17, emerg. eff. April 22, 1970.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;26268. Detention of products.&nbsp;</span></p> <p><span class="cls0">Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled or diseased poultry is found by any authorized representatives of the Board upon any premises where it is held for purposes of, or during or after distribution in intrastate commerce, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this act or of any other state or federal law, or that it has been, or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty (20) days, pending action under Section 19 of this act or notification of any federal, state, or other governmental authorities having jurisdiction over such article or poultry, and shall not be moved by any person from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or poultry before it is released unless it appears to the satisfaction of the Board that the article or poultry is eligible to retain such marks.&nbsp;</span></p> <p><span class="cls0">Laws 1970, c. 260, &sect; 18, emerg. eff. April 22, 1970.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;26269. Seizure and condemnation.&nbsp;</span></p> <p><span class="cls0">A. Any poultry product, or any dead, dying, disabled, or diseased poultry, that is being transported in intrastate commerce, subject to this act, or is held for sale in this state after such transportation, and that&nbsp;</span></p> <p><span class="cls0">1. is or has been processed, sold, transported, or otherwise distributed or offered or received for distribution in violation of this act, or&nbsp;</span></p> <p><span class="cls0">2. is capable of use as human food and is adulterated or misbranded, or&nbsp;</span></p> <p><span class="cls0">3. in any other way is in violation of this act, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any district court within the jurisdiction of which the article or poultry is found. If the article or poultry is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the treasury of this state, but the article or poultry shall not be sold contrary to the provisions of this act, or the Federal Poultry Products Inspection Act or the Federal Food, Drug, and Cosmetic Act; provided, that, upon the execution and delivery of a good and sufficient bond conditioned that the article or poultry shall not be sold or otherwise disposed of contrary to the provisions of this act or the laws of the United States, the court may direct that such article or poultry be delivered to the owner thereof subject to such supervision by authorized representatives of the Board as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or poultry and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or poultry. The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of this state.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this act, or other laws.&nbsp;</span></p> <p><span class="cls0">Laws 1970, c. 260, &sect; 19, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26270. Jurisdiction of district courts Subpoenas.&nbsp;</span></p> <p><span class="cls0">The district courts are vested with jurisdiction specifically to enforce and to prevent and restrain violations of this act and shall have jurisdiction in all other kinds of cases arising under this act, except as provided in Section 8, subsection D or Section 17 of this act. All proceedings for the enforcement or to restrain violations of this act shall be by and in the name of this state. Subpoenas for witnesses who are required to attend a court of this state in any district may run into any other district of this state in any such proceeding.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 20, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26271. Powers of Board Penalties.&nbsp;</span></p> <p><span class="cls0">A. The Board shall also have power:&nbsp;</span></p> <p><span class="cls0">1. to require the keeping of adequate records and the furnishing of such information upon request to the Board which is necessary and essential for the administration of this act. Failure to keep such records and furnish such information shall constitute a misdemeanor;&nbsp;</span></p> <p><span class="cls0">2. to gather and compile information concerning and to investigate from time to time the organization, business, conduct, practices, and management of any person engaged in intrastate commerce, and the relation thereof to other persons; B. 1. For the purposes of this act the Board shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person relating to any matter under investigation. The Board may sign subpoenas and may administer oaths and affirmation, examine witnesses, and receive evidence.&nbsp;</span></p> <p><span class="cls0">2. Such attendance of witnesses, and the production of such documentary evidence, may be required at any designated place of hearing. In case of disobedience to a subpoena the Board may invoke the aid of any court designated in Section 20 of this act in requiring the attendance and testimony of witnesses and the production of documentary evidence.&nbsp;</span></p> <p><span class="cls0">3. Any of the courts designated in Section 20 of this act within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, issue an order requiring such person to appear before the Board or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.&nbsp;</span></p> <p><span class="cls0">4. Upon the application of the Attorney General of this state at the request of the Board, the district court shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this act or any order of the Board made in pursuance thereof.&nbsp;</span></p> <p><span class="cls0">5. The Board may order testimony to be taken by deposition in any proceeding or investigation pending under this act at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Board and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Board as hereinbefore provided.&nbsp;</span></p> <p><span class="cls0">6. Witnesses summoned before the Board shall be paid the same fees and mileage that are paid witnesses in the courts of this state, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in such courts.&nbsp;</span></p> <p><span class="cls0">C. 1. It shall be a misdemeanor for any person to willfully neglect or refuse to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his or its power to do so, in obedience to the subpoena or lawful requirement of the Board.&nbsp;</span></p> <p><span class="cls0">2. Any person that shall willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under this act, or that shall willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person subject to this act, or that shall willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of any person subject to this act, or that shall willfully remove out of the jurisdiction of this state, or willfully mutilate, alter or by any other means falsify any documentary evidence of any such person, or that shall willfully refuse to submit to the Board or to any of its authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any person subject to this act in his or its possession or within his or its control, shall be deemed guilty of an offense and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than One Thousand Dollars ($1,000.00), or to imprisonment for a term of not more than one (1) year, or to both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">3. Any officer or employee of this state who shall make public any information obtained by the Board without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the court.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 21, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26272. Application of act.&nbsp;</span></p> <p><span class="cls0">The requirements, of this act shall apply to persons, establishments, poultry, poultry products and other articles regulated under the Federal Poultry Products Inspection Act only to the extent provided for in Section 23 of said Federal Act.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 22, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26273. Cost of inspection.&nbsp;</span></p> <p><span class="cls0">The cost of inspection rendered under the requirements of this act shall be borne by this state, except as provided in Section 5 of this act and except that the cost of overtime and holiday work performed in establishments subject to the provisions of this act, at such rates as the Board may determine, shall be borne by such establishments. Sums received by the Board in reimbursement for sums paid out by it for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this act.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 23, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26275. Misdemeanors.&nbsp;</span></p> <p><span class="cls0">Any violation of this act for which a specific penalty is not given shall be a misdemeanor.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 25, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26276. Codification.&nbsp;</span></p> <p><span class="cls0">This act shall become a part of the Oklahoma Agricultural Code and be codified accordingly.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1970, c. 260, &sect; 26, emerg. eff. April 22, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;26280.1. Short Title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 15 of this act shall be known and may be cited as the "Oklahoma Rabbit and Rabbit Products Inspection Act".&nbsp;</span></p> <p><span class="cls0">&sect;26280.2. Purpose.&nbsp;</span></p> <p><span class="cls0">A. Rabbit and rabbit products are an important source of the nation's total supply of food. It is essential in the public interest that the health and welfare of consumers be protected by assuring that slaughtered rabbit and rabbit products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded rabbit or rabbit products are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged rabbit and rabbit products, and result in sundry losses to rabbit producers and processors of rabbit and rabbit products, as well as injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged articles, to the detriment of consumers and the public generally.&nbsp;</span></p> <p><span class="cls0">B. It is hereby declared to be the policy of the Legislature of this state to provide for the inspection of rabbit and rabbit products and otherwise regulate the processing and distribution of such articles to prevent the movement or sale in intrastate commerce of rabbit and rabbit products which are adulterated or misbranded.&nbsp;</span></p> <p><span class="cls0">&sect;26280.3. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of the Oklahoma Rabbit and Rabbit Products Inspection Act:&nbsp;</span></p> <p><span class="cls0">1. "Adulterated" shall apply to any carcass, part thereof, rabbit or rabbit products under one or more of the following circumstances:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this paragraph if the quantity of such substance in or on such article does not ordinarily render it injurious to health,&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;if it bears or contains, by reason of administration of any substance to live rabbits or otherwise, any added poisonous or added deleterious substance, other than one which is:&nbsp;</span></p> <p><span class="cls0">(1)&nbsp;&nbsp;a pesticide chemical in or on a raw agricultural commodity,&nbsp;</span></p> <p><span class="cls0">(2)&nbsp;&nbsp;a food additive, or&nbsp;</span></p> <p><span class="cls0">(3)&nbsp;&nbsp;a color additive;&nbsp;</span></p> <p><span class="cls0">which may, in the judgment of the Board, make such article unfit for human food;&nbsp;</span></p> <p><span class="cls0">c.&nbsp;&nbsp;if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 of the Federal Food, Drug, and Cosmetic Act,&nbsp;</span></p> <p><span class="cls0">d.&nbsp;&nbsp;if it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act,&nbsp;</span></p> <p><span class="cls0">e.&nbsp;&nbsp;if it bears or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act. Provided, that an article which is not otherwise deemed adulterated under subparagraph b, c, or d, shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Board in establishments at which inspection is maintained pursuant to the Oklahoma Rabbit and Rabbit Products Inspection Act,&nbsp;</span></p> <p><span class="cls0">f.&nbsp;&nbsp;if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;&nbsp;</span></p> <p><span class="cls0">g.&nbsp;&nbsp;if it has been prepared, packed, or held under unsanitary conditions whereby it may become contaminated with filth, or whereby it may have been rendered injurious to health,&nbsp;</span></p> <p><span class="cls0">h.&nbsp;&nbsp;if it is, in whole or in part, the product of any rabbit which has died otherwise than by slaughter,&nbsp;</span></p> <p><span class="cls0">i.&nbsp;&nbsp;if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health,&nbsp;</span></p> <p><span class="cls0">j.&nbsp;&nbsp;if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to Section 409 of the Federal Food, Drug, and Cosmetic Act, or&nbsp;</span></p> <p><span class="cls0">k.&nbsp;&nbsp;if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;&nbsp;</span></p> <p><span class="cls0">2. "Board" means the State Board of Agriculture;&nbsp;</span></p> <p><span class="cls0">3. "Animal food manufacturer" means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of rabbits;&nbsp;</span></p> <p><span class="cls0">4. "Capable of use as human food" shall apply to any carcass, or part or product of a carcass, of any rabbit, unless it is denatured or otherwise identified as required by regulations prescribed by the Board to deter its use as human food, or it is naturally inedible by humans;&nbsp;</span></p> <p><span class="cls0">5. "Department" means the Oklahoma State Department of Agriculture;&nbsp;</span></p> <p><span class="cls0">6. "Federal Meat Inspection Act" means the act so entitled approved March 4, 1907 (34 Stat. 1260) as amended by the Wholesome Meat Act (8 Stat. 584);&nbsp;</span></p> <p><span class="cls0">7. "Federal Food, Drug, and Cosmetic Act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatory thereof or supplementary thereto;&nbsp;</span></p> <p><span class="cls0">8. "Inspection" or "inspection service" means any inspection by an inspector to determine:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;the condition and wholesomeness of rabbits,&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;the condition and wholesomeness of any edible product at any state of the preparation or packaging thereof in the official plant where inspected and certified, or&nbsp;</span></p> <p><span class="cls0">c.&nbsp;&nbsp;the condition and wholesomeness of any previously inspected and certified product if such product has not lost its identity as an inspected and certified product;&nbsp;</span></p> <p><span class="cls0">9. "Inspector" means any person who is duly qualified and certified as an agent of the Oklahoma State Department of Agriculture;&nbsp;</span></p> <p><span class="cls0">10. "Intrastate commerce" means commerce within this state;&nbsp;</span></p> <p><span class="cls0">11. "Label" means a display of written, printed, or graphic matter upon any article or the immediate container, not including package liners, of any article;&nbsp;</span></p> <p><span class="cls0">12. "Labeling" means all labels and other written, printed, or graphic matter:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;upon any article or any of its containers or wrappers, or&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;accompanying such article;&nbsp;</span></p> <p><span class="cls0">13. "Misbranded" shall apply to any carcass, part thereof, rabbit meat or rabbit product under one or more of the following circumstances:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;if its labeling is false or misleading in any particular,&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;if it is offered for sale under the name of another food,&nbsp;</span></p> <p><span class="cls0">c.&nbsp;&nbsp;if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter the name of the food imitated,&nbsp;</span></p> <p><span class="cls0">d.&nbsp;&nbsp;if its container is so made, formed, or filled as to be misleading,&nbsp;</span></p> <p><span class="cls0">e.&nbsp;&nbsp;unless it bears a label showing:&nbsp;</span></p> <p><span class="cls0">(1)&nbsp;&nbsp;the name and place of business of the manufacturer, packer, or distributor, and&nbsp;</span></p> <p><span class="cls0">(2)&nbsp;&nbsp;an accurate statement of the quantity of the product in terms of weight, measure, or numerical count. Provided, reasonable variations may be permitted, and exemptions as to small packages or articles not in packages or other containers may be established, by regulations prescribed by the Board;&nbsp;</span></p> <p><span class="cls0">f.&nbsp;&nbsp;if any word, statement, or other information required by or under authority of the Oklahoma Rabbit and Rabbit Products Inspection Act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use,&nbsp;</span></p> <p><span class="cls0">g.&nbsp;&nbsp;if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Board unless:&nbsp;</span></p> <p><span class="cls0">(1)&nbsp;&nbsp;it conforms to such definition and standard, and&nbsp;</span></p> <p><span class="cls0">(2)&nbsp;&nbsp;its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring, and coloring, present in such food,&nbsp;</span></p> <p><span class="cls0">h.&nbsp;&nbsp;if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Board, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard,&nbsp;</span></p> <p><span class="cls0">i.&nbsp;&nbsp;if it is not subject to the provisions of subparagraph g unless its label bears:&nbsp;</span></p> <p><span class="cls0">(1)&nbsp;&nbsp;the common or usual name of the food, if any there be, and&nbsp;</span></p> <p><span class="cls0">(2)&nbsp;&nbsp;in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the Board, be designated as spices, flavorings, and colorings without naming each. Provided, that to the extent that compliance with the requirements of this division is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Board,&nbsp;</span></p> <p><span class="cls0">j.&nbsp;&nbsp;if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Board, after consultation with the Secretary of Agriculture of the United States, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses,&nbsp;</span></p> <p><span class="cls0">k.&nbsp;&nbsp;if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that, to the extent that compliance with the requirements of this subparagraph is impracticable, exemptions shall be established by regulations promulgated by the Board, or&nbsp;</span></p> <p><span class="cls0">l.&nbsp;&nbsp;if it fails to bear on its containers, as the Board may by regulations prescribe, the official inspection legend, such other information as the Board may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition;&nbsp;</span></p> <p><span class="cls0">14. "Official certificate" means any certificate prescribed by regulation of the Board for issuance by an inspector or other person performing official functions pursuant to the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">15. "Official device" means any device prescribed or authorized by the Board for use in applying any official mark;&nbsp;</span></p> <p><span class="cls0">16. "Official inspection legend" means any symbol prescribed by regulation of the Board showing that an article was inspected for wholesomeness in accordance with the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">17. "Official mark" means the official inspection legend or any other symbol prescribed by regulation of the Board to identify the status of any article or rabbit pursuant to the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">18. "Official plant" or "official establishment" means one or more buildings or parts thereof, comprising a single plant in which the facilities and methods of operation therein have been approved by the Commissioner as suitable and adequate for operation under inspection service;&nbsp;</span></p> <p><span class="cls0">19. "Person" means any individual, partnership, corporation, association, or other business unit;&nbsp;</span></p> <p><span class="cls0">20. "Pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" shall have the same meanings for purposes of the Oklahoma Rabbit and Rabbit Products Inspection Act as such term is defined by the Federal Food, Drug, and Cosmetic Act; 21. "Processed" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed;&nbsp;</span></p> <p><span class="cls0">22. "Rabbit" means any domesticated rabbit, whether live or dead;&nbsp;</span></p> <p><span class="cls0">23. "Rabbit product" means any rabbit carcass, or part thereof; or any product which is made wholly or in part from any rabbit carcass or part thereof, excepting products which contain rabbit ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the animal food industry, and which are exempted by the Board from definition as a rabbit product under such conditions as the Board may prescribe to assure that the rabbit ingredients in such products are not adulterated and that such products are not represented as rabbit products;&nbsp;</span></p> <p><span class="cls0">24. "Rabbit products broker" means any person engaged in the business of buying or selling rabbit products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or an as employee of another person; and&nbsp;</span></p> <p><span class="cls0">25. "Renderer" means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of rabbits.&nbsp;</span></p> <p><span class="cls0">&sect;26280.4. Board Powers and duties.&nbsp;</span></p> <p><span class="cls0">In addition to any powers and duties of the Board, the Board shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. adopt and promulgate regulations necessary to provide for the proper inspection of rabbit and rabbit products, and prescribe conditions under which carcasses, parts of carcasses, rabbit meat and rabbit products capable of use as human food, shall be stored, labeled, marked or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting, in or for intrastate commerce;&nbsp;</span></p> <p><span class="cls0">2. cooperate with the Secretary of Agriculture of the United States in effectuating the purposes of the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">3. appoint inspectors to make examination and inspection of rabbits, rabbit carcasses, all rabbit meat and rabbit products, and the sanitary conditions of all plants or establishments in which rabbit meat and rabbit products are prepared;&nbsp;</span></p> <p><span class="cls0">4. detain and seize rabbits or rabbit carcasses or rabbit products pursuant to the provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">5. require reports from all persons subject to the provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">6. suspend inspection service pursuant to the provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">7. establish and enforce administrative penalties pursuant to Section 111 of Title 2 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">8. enter upon any public or private property for purposes of inspecting and investigating compliance with the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">9. refuse to render inspection services to any establishment whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">10. institute or cause to be instituted any necessary legal proceedings with the Office of the Attorney General or in any court of competent jurisdiction for an injunction relief to enforce the provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act; and&nbsp;</span></p> <p><span class="cls0">11. exercise all incidental powers which are necessary and proper to perform the duties of the Board pursuant to the Oklahoma Rabbit and Rabbit Products Inspection Act.&nbsp;</span></p> <p><span class="cls0">&sect;26280.5. Application of act Registration required Prohibited acts relating to dead, dying, disabled or diseased animals Requirements to sell rabbit products.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Rabbit and Rabbit Products Inspection Act shall apply to:&nbsp;</span></p> <p><span class="cls0">1. Any person that engages in the business of slaughtering any rabbits or processing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any rabbit, for intrastate commerce, for use as human food or animal food. The provisions of this paragraph shall not apply to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the slaughtering of rabbits owned and raised by a person who prepares and transports the carcasses of:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;rabbits or parts of rabbits exclusively for his own use or for use by members of his household or his nonpaying guests or employees, or&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;rabbits owned and raised by a person who prepares and transports the carcasses of uninspected rabbits or parts of rabbits exclusively for sale directly to household consumers. Said persons are specifically prohibited from selling or donating uninspected rabbit products to retail stores, brokers, meat markets, schools, orphanages, restaurants, nursing homes and similar establishments. Said persons are further prohibited from sales or donation of uninspected rabbit products to caterers, charitable institutions, public fund raising events and similar activities. Said persons are further prohibited from selling uninspected rabbit products through any type of retail market or similar establishment owned or operated by the rabbit owner or raiser,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;except as otherwise provided by this section, any person who slaughters rabbits or processes or otherwise handles rabbit products which have been or are to be processed as required by recognized religious dietary laws.&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;Any person desiring such exemption shall make application to the Oklahoma State Department of Agriculture. The application shall be in such form and contain such information as is required by the Board.&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;The Board may impose such conditions as to sanitary standards, practices, and procedures in granting such exemption as it deems necessary to effectuate the purposes of the Oklahoma Rabbit and Rabbit Products Inspection Act. Any person who processes rabbit or rabbit products under exemption from certain requirements as provided in this division shall be subject to all of the other applicable provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act and the regulations promulgated pursuant thereto.&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;Processing plants shall meet the sanitary requirements set forth in the Oklahoma Rabbit and Rabbit Products Inspection Act and shall be required to qualify for inspection and operate as official establishments;&nbsp;</span></p> <p><span class="cls0">2. Any person who engages in the business of buying or selling, as rabbit products brokers, wholesalers, or otherwise, or transporting, in intrastate commerce, or storing in or for intrastate commerce, any carcasses, or parts or products of carcasses, of any rabbit; or&nbsp;</span></p> <p><span class="cls0">3. Any person who engages in business, in or for intrastate commerce, as a renderer, or engages in the business of buying, selling, or transporting, in intrastate commerce, any dead, dying, disabled, or diseased rabbit or parts of the carcasses of any rabbit that died otherwise than by slaughter.&nbsp;</span></p> <p><span class="cls0">B. 1. Any person who is engaged in business specified in this subsection shall be registered with the Board, in or for intrastate commerce:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;as a meat broker, renderer, or animal food manufacturer, or engage in business in such commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any rabbits whether intended for human food or other purposes; or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;as a public warehouseman storing any such articles in or for such commerce, or engage in the business of buying, selling, or transporting in such commerce any dead, dying, disabled, or diseased animals of the specified kinds, or parts of the carcasses of any such animals that died otherwise than by slaughter.&nbsp;</span></p> <p><span class="cls0">2. The application for registration shall contain the name of such person, address of each place of business at which and all trade names under which such person conducts such business and such other information deemed necessary by the Board.&nbsp;</span></p> <p><span class="cls0">C. Any person, firm, or corporation who is engaged in the business of buying, selling, or transporting in intrastate commerce dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in such commerce, any dead, dying, disabled, or diseased rabbits or parts of the carcasses of any such animals that died otherwise than by slaughter, shall comply with such regulations as the Board prescribes to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.&nbsp;</span></p> <p><span class="cls0">D. On and after September 1, 1989, no rabbit products intended for human food shall be allowed to be sold in this state without:&nbsp;</span></p> <p><span class="cls0">1. first being inspected and approved by:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the United States Department of Agriculture, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the Oklahoma State Department of Agriculture; or&nbsp;</span></p> <p><span class="cls0">2. having been legally imported into this state pursuant to existing laws of the federal Food, Drug and Cosmetic Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 170, &sect; 5, operative July 1, 1989. Amended by Laws 1990, c. 167, &sect; 1, emerg. eff. May 2, 1990.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;26280.6. Processing plants and equipment Approval Application Inspection Compliance with act.&nbsp;</span></p> <p><span class="cls0">A. On and after September 1, 1989:&nbsp;</span></p> <p><span class="cls0">1. Prior to slaughtering any rabbit or processing any rabbit products at any plant, a person owning or operating such plant shall have the plant approved by the Department.&nbsp;</span></p> <p><span class="cls0">2. To receive plant approval, a person shall make application to the State Board of Agriculture. As part of the application, the person shall agree to comply with the terms and conditions of the Oklahoma Rabbit and Rabbit Products Inspection Act and any applicable regulations promulgated thereto.&nbsp;</span></p> <p><span class="cls0">3. Prior to any such approval, the plant and plant equipment shall be inspected by the Department of Agriculture.&nbsp;</span></p> <p><span class="cls0">4. Upon the approval of the plant and plant equipment by the Department, the plant shall be considered an official plant.&nbsp;</span></p> <p><span class="cls0">5. No rabbits affected with any disease transmissible to man shall be slaughtered in any official establishment.&nbsp;</span></p> <p><span class="cls0">B. No establishment or plant processing rabbits or rabbit products solely for intrastate commerce shall process any rabbits or rabbit product capable of use as human food except in compliance with the requirements of the Oklahoma Rabbit and Rabbit Products Inspection Act.&nbsp;</span></p> <p><span class="cls0">&sect;26280.7. Supervision and rendering of inspection service Inspection of rabbits processed in official plants.&nbsp;</span></p> <p><span class="cls0">A. All inspection service shall be subject to supervision at all times by an inspector. Such service shall be rendered where the facilities and conditions are satisfactory for the conduct of the service and the requisite inspectors are available.&nbsp;</span></p> <p><span class="cls0">B. Rabbits which are processed in official plants in accordance with the Oklahoma Rabbit and Rabbit Products Inspection Act may be inspected.&nbsp;</span></p> <p><span class="cls0">C. All rabbits that are slaughtered and processed in an official plant where inspection service is maintained shall be inspected for condition and wholesomeness. No dressed or uninspected rabbit products shall be brought into such official plant.&nbsp;</span></p> <p><span class="cls0">D. Inspection shall not be provided at any establishment for the slaughter of rabbits, or the preparation of any carcasses or parts or products of such animals which are not intended for human food.&nbsp;</span></p> <p><span class="cls0">&sect;26280.8. Denaturing of rabbits and rabbit products.&nbsp;</span></p> <p><span class="cls0">A. Any rabbit slaughtered or processed which is not intended for use as human food prior to its offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, shall be denatured or otherwise identified as prescribed by regulations of the Board to deter its use for human food.&nbsp;</span></p> <p><span class="cls0">B. No person, firm, or corporation shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses, parts thereof, meat or meat food products of any rabbits which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Board or are naturally inedible by humans.&nbsp;</span></p> <p><span class="cls0">&sect;26280.9. Records Inspection Maintenance.&nbsp;</span></p> <p><span class="cls0">A. All persons subject to the provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act shall keep such records as willfully and correctly disclose all transactions involved in their businesses. All persons, subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Board, afford such representative and any duly authorized representative of the Secretary of Agriculture of the United States accompanied by such representative of the Board access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory.&nbsp;</span></p> <p><span class="cls0">B. Any record required to be maintained by this section shall be maintained for such period of time as the Board may by regulations prescribe.&nbsp;</span></p> <p><span class="cls0">&sect;26280.10. Prohibitions relating to processing, transportation and sale of rabbits.&nbsp;</span></p> <p><span class="cls0">A. On and after September 1, 1989, no person shall:&nbsp;</span></p> <p><span class="cls0">1. slaughter any rabbit or process any rabbit products which are capable of use as human food at any establishment processing any such articles solely for intrastate commerce, except in compliance with the requirements of the Oklahoma Rabbit and Rabbit Products Inspection Act; and&nbsp;</span></p> <p><span class="cls0">2. sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce or from an official establishment, any slaughtered rabbit from which the blood, feet, head, or viscera have not been removed in accordance with regulations promulgated by the Board, except as may be authorized by regulations of the Board.&nbsp;</span></p> <p><span class="cls0">B. No person shall:&nbsp;</span></p> <p><span class="cls0">1. sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;any rabbit products which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation, or&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;any rabbit products required to be inspected pursuant to the Oklahoma Rabbit and Rabbit Products Inspection Act unless they have been so inspected and passed;&nbsp;</span></p> <p><span class="cls0">2. perform any act which is intended to cause or has the effect of causing such rabbit or rabbit products to be adulterated or misbranded;&nbsp;</span></p> <p><span class="cls0">3. use to his own advantage, or reveal other than to the authorized representatives of the state government or any other government in their official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of the Oklahoma Rabbit and Rabbit Products Inspection Act concerning any matter which is entitled to protection as a trade secret.&nbsp;</span></p> <p><span class="cls0">C. No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Board.&nbsp;</span></p> <p><span class="cls0">D. No person shall:&nbsp;</span></p> <p><span class="cls0">1. forge any official device, mark, or certificate;&nbsp;</span></p> <p><span class="cls0">2. without authorization from the Board use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate including "Oklahoma Rejected" or "Oklahoma Retained" tags;&nbsp;</span></p> <p><span class="cls0">3. contrary to the regulations prescribed by the Board, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;&nbsp;</span></p> <p><span class="cls0">4. knowingly possess, without promptly notifying the Board or its representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any rabbit, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;&nbsp;</span></p> <p><span class="cls0">5. knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Board; or&nbsp;</span></p> <p><span class="cls0">6. knowingly represent that any article has been inspected and passed, or exempted, pursuant to the Oklahoma Rabbit and Rabbit Products Inspection Act when, in fact, it has, respectively, not been so inspected and passed, or exempted.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;26280.11. Suspension of plant approval Denial or withdrawal of inspection service.&nbsp;</span></p> <p><span class="cls0">A. 1. Any plant approval given pursuant to the Oklahoma Rabbit and Rabbit Products Inspection Act may be suspended by the Department for:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;failure to maintain a plant and equipment in a satisfactory state of repair;&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;failure to maintain plant or equipment in a sanitary manner on a continuing basis;&nbsp;</span></p> <p><span class="cls0">c.&nbsp;&nbsp;the use of operating procedure which are not in accordance with the Oklahoma Rabbit and Rabbit Products Inspection Act or regulations promulgated thereto;&nbsp;</span></p> <p><span class="cls0">d.&nbsp;&nbsp;alterations of buildings, facilities, or equipment which cannot be approved in accordance with the Oklahoma Rabbit and Rabbit Products Inspection Act or regulations promulgated thereto;&nbsp;</span></p> <p><span class="cls0">e.&nbsp;&nbsp;assault on an agency of the Board; or&nbsp;</span></p> <p><span class="cls0">f.&nbsp;&nbsp;failure to properly denature condemned and inedible materials.&nbsp;</span></p> <p><span class="cls0">2. During such period of suspension, inspection service shall not be rendered. However, the other provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act pertaining to providing such service on a resident basis will remain in effect unless such service is terminated in accordance with duly authorized regulations promulgated by the Department. Upon suspension of inspection service in an official plant, the plant approval shall also become suspended, and all labels, seals, tags or packaging material bearing official identification shall be destroyed, or the official identification completely obliterated, or sealed in a manner acceptable to the Department.&nbsp;</span></p> <p><span class="cls0">B. 1. The Board may refuse to provide, or withdraw, inspection service with respect to any establishment if it determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection because the applicant or recipient, or any person responsibly connected with the applicant or recipient, has been convicted, in any federal or state court of:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;any felony, or&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food.&nbsp;</span></p> <p><span class="cls0">2. This section shall not affect in any way other provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act for withdrawal of inspection services from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meats or meat food products.&nbsp;</span></p> <p><span class="cls0">3. For the purpose of this subsection, a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of ten percent (10%) or more of its voting stock or employee in a managerial or executive capacity. The determination and order of the Board with respect thereto pursuant to this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty (30) days after the effective date of such order in the appropriate court. Judicial review of any such order shall be upon the record upon which the determination and order are based.&nbsp;</span></p> <p><span class="cls0">&sect;26280.12. Detention of certain rabbits and rabbit products.&nbsp;</span></p> <p><span class="cls0">A. Whenever any rabbit carcass, part of a carcass, rabbit meat or rabbit product, or any dead, dying, disabled, or diseased rabbit is found by any authorized representative of the Board upon any premises where it is held for purposes of or during or after distribution in intrastate commerce, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act or of the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act, or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty (20) days, pending action pursuant to the Oklahoma Rabbit and Rabbit Products Inspection Act or notification of any federal authorities having jurisdiction over such article or animal, and shall not be moved by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Board that the article or animal is eligible to retain such marks.&nbsp;</span></p> <p><span class="cls0">B. 1. Any carcass, part of a carcass, meat or meat food product of rabbits, or any dead, dying, disabled, or diseased rabbits, that is being transported in intrastate commerce, or is held for sale in this state after such transportation, and that:&nbsp;</span></p> <p><span class="cls0">a.&nbsp;&nbsp;is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of the Oklahoma Rabbit and Rabbit Products Inspection Act,&nbsp;</span></p> <p><span class="cls0">b.&nbsp;&nbsp;is capable of use as human food and is adulterated or misbranded, or&nbsp;</span></p> <p><span class="cls0">c.&nbsp;&nbsp;in any other way is in violation of the Oklahoma Rabbit and Rabbit Products Inspection Act,&nbsp;</span></p> <p><span class="cls0">may be seized and condemned, at any time, on an information filed in any proper court as provided in the Oklahoma Rabbit and Rabbit Products Inspection Act within the jurisdiction of which the article or animal is found. Any article or animal so condemned shall, after entry of the decree, be destroyed or sold for court costs, and storage and other fees. Any storage and other fees shall be paid into the State Treasury. The article or animal shall not be sold contrary to the provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act, or the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act.&nbsp;</span></p> <p><span class="cls0">2. Upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act, or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the Board as is necessary to ensure compliance with the applicable laws. When a decree of condemnation is entered against the article or animal and it is released under bond or destroyed, court costs and storage and other proper fees shall be awarded against the person, if any, intervening as claimant of the article or animal. The proceedings shall be at the suit of and in the name of this state.&nbsp;</span></p> <p><span class="cls0">C. The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act, or other laws of this state.&nbsp;</span></p> <p><span class="cls0">&sect;26280.13. Violations Notice Hearing Orders Service of process.&nbsp;</span></p> <p><span class="cls0">A. Whenever the Board determines there are reasonable grounds to believe that there has been a violation of any of the provisions of the Oklahoma Rabbit and Rabbit Products Inspection Act, any rule or regulation promulgated thereto, or any order of the Board, it shall give written notice to the alleged violator specifying the cause of complaint. Such notice shall require that the matters complained of be corrected or that the alleged violator appear before the Board at a time and place within the affected area or in a mutually agreeable location specified in the notice and answer the charges. The notice shall be delivered to the alleged violator or violators in accordance with the provisions of subsection D of this section not less than twenty (20) days before the time set for the hearing.&nbsp;</span></p> <p><span class="cls0">B. The Board shall afford the alleged violator or violators an opportunity for a fair hearing in accordance with the provisions of subsection E of this section. On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon. The Board shall give written notice of such order to the alleged violator and to such other persons as shall have appeared at the hearing and made written request for notice of the order. If the hearing is held before any person other than the Board itself, such person shall transmit the record of the hearing together with recommendations for findings of fact and conclusions of law to the Board which shall thereupon enter its order. The Board may, in its discretion, enter its order on the basis of such record or, before issuing its order, require additional hearings or further evidence to be presented. The order of the Board shall become final and binding on all parties unless appealed to the district court as provided in Article II of the Administrative Procedures Act within thirty (30) days after notice has been sent to the parties.&nbsp;</span></p> <p><span class="cls0">C. Whenever the Board finds that an emergency exists requiring immediate action to protect the public health or welfare it may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the provisions of subsection B of this section, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately but on application to the Board shall be afforded a hearing within ten (10) days. On the basis of such hearing, the Board shall continue such order in effect, revoke it or modify it; provided, that any person aggrieved by such order continued after the hearing provided in this subsection may appeal to the district court of the area affected within thirty (30) days. Such appeal when docketed shall have priority over all cases pending on said docket, except criminal.&nbsp;</span></p> <p><span class="cls0">D. Except as otherwise expressly provided, any notice, order or other instrument issued by or under authority of the Board may be served on any person affected thereby personally or by publication. Proof of such service shall be made as in case of service of a summons or by publication in a civil action, such proof to be filed in the office of the Board; or such service may be made by mailing a copy of the notice, order or other instrument by registered mail directed to the person affected at his lastknown post office address as shown by the files or records of the Board, and proof thereof may be made by the affidavit of the person who did the mailing, filed in the office of the Board.&nbsp;</span></p> <p><span class="cls0">Every certificate or affidavit of service made and filed as herein provided shall be prima facie evidence of the facts therein stated, and a certified copy thereof shall have like force and effect.&nbsp;</span></p> <p><span class="cls0">E. The hearings herein provided may be conducted by the Board itself at a regular or special meeting of the Board, or the Board may designate hearing officers who shall have the power and authority to conduct such hearings in the name of the Board at any time and place. Such hearings shall be conducted in conformity with and records made thereof as provided in the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">&sect;26280.14. Violations Penalties.&nbsp;</span></p> <p><span class="cls0">A. Any person who willfully:&nbsp;</span></p> <p><span class="cls0">1. makes, or causes to be made, any false entry or statement of fact in any report required to be made pursuant to the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">2. makes, or causes to be made, any false entry in any account, record, or memorandum kept by any person subject to the Oklahoma Rabbit and Rabbit Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">3. neglects or fails to make, or causes to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such person;&nbsp;</span></p> <p><span class="cls0">4. removes out of the jurisdiction of this state, or willfully mutilates, alters, or by any other means falsifies any documentary evidence of any such person; or&nbsp;</span></p> <p><span class="cls0">5. refuses to submit to the Board or to any of its authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any such person, firm, or corporation in his possession or within his control,&nbsp;</span></p> <p><span class="cls0">shall be deemed guilty and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">B. Any officer or employee of this state who shall make public any information obtained by the Board, without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">C. Any person who violates any provision of the Oklahoma Rabbit and Rabbit Products Inspection Act for which no other criminal penalty is provided by the Oklahoma Rabbit and Rabbit Products Inspection Act shall, upon conviction, be subject to a fine of not more than One Thousand Dollars ($1,000.00).&nbsp;</span></p> <p><span class="cls0">D. If a violation involved intent to defraud, or any distribution or attempted distribution of an article that is adulterated, such person shall be subject to a fine of not more than Ten Thousand Dollars ($10,000.00).&nbsp;</span></p> <p><span class="cls0">&sect;26280.15. Good faith violations Alternatives to prosecution.&nbsp;</span></p> <p><span class="cls0">A. No person shall be subject to penalties pursuant to this section for receiving for transportation any article or animal in violation of the Oklahoma Rabbit and Rabbit Products Inspection Act if such receipt was made in good faith, unless such person refuses to furnish on request of a representative of the Board the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him.&nbsp;</span></p> <p><span class="cls0">B. Nothing in the Oklahoma Rabbit and Rabbit Products Inspection Act shall be construed as requiring the Board to report for prosecution, or for the institution of legal action or injunction proceedings, minor violations of the Oklahoma Rabbit and Rabbit Products Inspection Act whenever it believes that the public interest will be adequately served by a suitable written notice of warning.&nbsp;</span></p> <p><span class="cls0">&sect;26281. Title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Equine Infectious Anemia Eradication Act".&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1975, c. 347, &sect; 1, emerg. eff. June 12, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;26282. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act unless the context otherwise requires:&nbsp;</span></p> <p><span class="cls0">1. "Equine infectious anemia" or "EIA" means the communicable, infectious disease which affects only equidae and is caused by the virus of equine infectious anemia;&nbsp;</span></p> <p><span class="cls0">2. "Board" means the Oklahoma State Board of Agriculture;&nbsp;</span></p> <p><span class="cls0">3. "Equidae" means a family of perissodactyl ungulate mammals containing a single genus, Equus, which includes horses, asses, jacks, jennies, hinnies, mules, donkeys, burros, ponies and zebras;&nbsp;</span></p> <p><span class="cls0">4. "Official test" means the AgarGel Immunodiffusion (AGID) test for equine infectious anemia which has been conducted in a laboratory approved by the Board or the United States Department of Agriculture for the purpose of conducting this test or any other test or examination for the detection of equine infectious anemia approved by the Department; and&nbsp;</span></p> <p><span class="cls0">5. "Reactor" means any equidae which discloses a positive reaction to an official test for equine infectious anemia.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1975, c. 347, &sect; 2, emerg. eff. June 12, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;26283. Testing.&nbsp;</span></p> <p><span class="cls0">Upon request by the Board, all owners of equidae within the State of Oklahoma shall submit their animals for an official test for the detection of equine infectious anemia, or for application of official identification. Such owners shall provide the necessary facilities for conducting tests, or identifying animals, and shall render such assistance as may be required by the Board.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1975, c. 347, &sect; 3, emerg. eff. June 12, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;26284. Quarantine.&nbsp;</span></p> <p><span class="cls0">The Board may quarantine any animal which is determined to be a reactor; such animal shall be quarantined under conditions as specified by the Board. Reactors shall remain under quarantine until their natural death, slaughter or disposition by euthanasia or until released by a written notice from the Board. The Board shall require identification of reactors as deemed necessary.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1975, c. 347, &sect; 4, emerg. eff. June 12, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;26285. Shipment restrictions.&nbsp;</span></p> <p><span class="cls0">The Board may require that all equidae be negative to an official test for equine infectious anemia prior to entry into Oklahoma, or movement within the state.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1975, c. 347, &sect; 5, emerg. eff. June 12, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;26286. Rules.&nbsp;</span></p> <p><span class="cls0">The Board may make and adopt reasonable rules and regulations for the administration and enforcement of this act. The Board, or its representatives, in performing the duties vested in it under this act is empowered to enter, during usual working hours, any premises, barns, stables or other places where equidae are kept, for the purpose of administering this act.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1975, c. 347, &sect; 6, emerg. eff. June 12, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;26287. Penalty.&nbsp;</span></p> <p><span class="cls0">Any person violating any provision of this act or of any rules, regulation or order of the Board issued pursuant to this act is guilty of a misdemeanor.&nbsp;</span></p> <p class="cls2"><span class="cls0">Laws 1975, c. 347, &sect; 7, emerg. eff. June 12, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;2-6-290.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 2 through 13 of this act shall be known and may be cited as the "Exotic Livestock and Exotic Livestock Products Inspection Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 1, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.2. Legislative findings and policy.&nbsp;</span></p> <p><span class="cls0">A. Exotic livestock and exotic livestock products are becoming an important source of the nation's supply of food. It is essential in the public interest that the health and welfare of consumers be protected by assuring that slaughtered exotic livestock and exotic livestock products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded exotic livestock are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged exotic livestock and exotic livestock products, and result in sundry losses to exotic livestock producers and processors of exotic livestock and exotic livestock products, as well as injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged articles, to the detriment of consumers and the public generally.&nbsp;</span></p> <p><span class="cls0">B. It is hereby declared to be the policy of the Legislature of this state to provide for the inspection of exotic livestock and exotic livestock products and otherwise regulate the processing and distribution of such articles to prevent the movement or sale of exotic livestock and exotic livestock products which are adulterated or misbranded.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 2, eff. Sept. 1, 1991. Amended by Laws 1992, c. 101, &sect; 1, emerg. eff. April 20, 1992.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.3. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of the Exotic Livestock and Exotic Livestock Products Inspection Act:&nbsp;</span></p> <p><span class="cls0">1. "Adulterated" shall apply to any carcass, part thereof, exotic livestock or exotic livestock products under one or more of the following circumstances:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this paragraph if the quantity of such substance in or on such article does not ordinarily render it injurious to health,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;if it bears or contains, by reason of administration of any substance to live exotic livestock or otherwise, any added poisonous or added deleterious substance, other than one which is:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;a pesticide chemical in or on a raw agricultural commodity,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;a food additive, or&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;a color additive;&nbsp;</span></p> <p class="cls3"><span class="cls0">which may, in the judgment of the Board, make such article unfit for human food,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 of the Federal Food, Drug, and Cosmetic Act,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;if it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act,&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;if it bears or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act. Provided, that an article which is not otherwise deemed adulterated under subparagraph b, c, or d, shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Board in establishments at which inspection is maintained pursuant to the Exotic Livestock and Exotic Livestock Products Inspection Act,&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food,&nbsp;</span></p> <p class="cls3"><span class="cls0">g.&nbsp;&nbsp;if it has been prepared, packed, or held under unsanitary conditions whereby it may become contaminated with filth, or whereby it may have been rendered injurious to health,&nbsp;</span></p> <p class="cls3"><span class="cls0">h.&nbsp;&nbsp;if it is, in whole or in part, the product of any exotic livestock which has died otherwise than by slaughter,&nbsp;</span></p> <p class="cls3"><span class="cls0">i.&nbsp;&nbsp;if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health,&nbsp;</span></p> <p class="cls3"><span class="cls0">j.&nbsp;&nbsp;if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to Section 409 of the Federal Food, Drug, and Cosmetic Act, or&nbsp;</span></p> <p class="cls3"><span class="cls0">k.&nbsp;&nbsp;if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;&nbsp;</span></p> <p><span class="cls0">2. "Board" means the State Board of Agriculture;&nbsp;</span></p> <p><span class="cls0">3. "Animal food manufacturer" means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of exotic livestock;&nbsp;</span></p> <p><span class="cls0">4. "Capable of use as human food" shall apply to any carcass, or part or product of a carcass, of any exotic livestock, unless it is identified as required by regulations prescribed by the Board to deter its use as human food, or it is naturally inedible by humans;&nbsp;</span></p> <p><span class="cls0">5. "Department" means the Oklahoma State Department of Agriculture;&nbsp;</span></p> <p><span class="cls0">6. "Exotic livestock" means commercially raised livestock including but not limited to animals of the families bovidae, cervidae and antilocapridae or birds of the ratite group;&nbsp;</span></p> <p><span class="cls0">7. "Federal Meat Inspection Act" means the act so entitled approved March 4, 1907 (34 Stat. 1260) as amended by the Wholesome Meat Act (8 Stat. 584);&nbsp;</span></p> <p><span class="cls0">8. "Federal Food, Drug, and Cosmetic Act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatory thereof or supplementary thereto;&nbsp;</span></p> <p><span class="cls0">9. "Inspection" or "inspection service" means any inspection by an inspector to determine:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the condition and wholesomeness of exotic livestock,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the condition and wholesomeness of any edible product at any state of the preparation or packaging thereof in the official plant where inspected and certified, or&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;the condition and wholesomeness of any previously inspected and certified product if such product has not lost its identity as an inspected and certified product;&nbsp;</span></p> <p><span class="cls0">10. "Inspector" means any person who is duly qualified and certified as an agent of the Oklahoma State Department of Agriculture;&nbsp;</span></p> <p><span class="cls0">11. "Label" means a display of written, printed, or graphic matter upon any article or the immediate container, not including package liners, of any article;&nbsp;</span></p> <p><span class="cls0">12. "Labeling" means all labels and other written, printed, or graphic matter:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;upon any article or any of its containers or wrappers, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;accompanying such article;&nbsp;</span></p> <p><span class="cls0">13. "Misbranded" shall apply to any carcass, part thereof, exotic livestock meat or exotic livestock product under one or more of the following circumstances:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;if its labeling is false or misleading in any particular,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;if it is offered for sale under the name of another food,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter the name of the food imitated,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;if its container is so made, formed, or filled as to be misleading,&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;unless it bears a label showing:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;the name and place of business of the manufacturer, packer, or distributor, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;an accurate statement of the quantity of the product in terms of weight, measure, or numerical count. Provided, reasonable variations may be permitted, and exemptions as to small packages or articles not in packages or other containers may be established, by regulations prescribed by the Board;&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;if any word, statement, or other information required by or under authority of the Exotic Livestock and Exotic Livestock Products Inspection Act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use,&nbsp;</span></p> <p class="cls3"><span class="cls0">g.&nbsp;&nbsp;if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Board unless:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;it conforms to such definition and standard, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring, and coloring, present in such food,&nbsp;</span></p> <p class="cls3"><span class="cls0">h.&nbsp;&nbsp;if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Board, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard,&nbsp;</span></p> <p class="cls3"><span class="cls0">i.&nbsp;&nbsp;if it is not subject to the provisions of subparagraph g unless its label bears:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;the common or usual name of the food, if any there be, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the Board, be designated as spices, flavorings, and colorings without naming each. Provided, that to the extent that compliance with the requirements of this division is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Board,&nbsp;</span></p> <p class="cls3"><span class="cls0">j.&nbsp;&nbsp;if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Board, after consultation with the Secretary of Agriculture of the United States, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses,&nbsp;</span></p> <p class="cls3"><span class="cls0">k.&nbsp;&nbsp;if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that, to the extent that compliance with the requirements of this subparagraph is impracticable, exemptions shall be established by regulations promulgated by the Board, or&nbsp;</span></p> <p class="cls3"><span class="cls0">l.&nbsp;&nbsp;if it fails to bear on its containers, as the Board may by regulations prescribe, the official inspection legend, such other information as the Board may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition;&nbsp;</span></p> <p><span class="cls0">14. "Official certificate" means any certificate prescribed by regulation of the Board for issuance by an inspector or other person performing official functions pursuant to the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">15. "Official device" means any device prescribed or authorized by the Board for use in applying any official mark;&nbsp;</span></p> <p><span class="cls0">16. "Official inspection legend" means any symbol prescribed by regulation of the Board showing that an article was inspected for wholesomeness in accordance with the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">17. "Official mark" means the official inspection legend or any other symbol prescribed by regulation of the Board to identify the status of any article or exotic livestock pursuant to the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">18. "Official plant" or "official establishment" means one or more buildings or parts thereof, comprising a single plant in which the facilities and methods of operation therein have been approved by the Board as suitable and adequate for operation under inspection service;&nbsp;</span></p> <p><span class="cls0">19. "Person" means any individual, partnership, corporation, association, or other business unit;&nbsp;</span></p> <p><span class="cls0">20. "Pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" shall have the same meanings for purposes of the Exotic Livestock and Exotic Livestock Products Inspection Act as such term is defined by the Federal Food, Drug, and Cosmetic Act;&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;21. "Processed" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed;&nbsp;</span></p> <p><span class="cls0">22. "Product" means any carcass of exotic livestock, or part thereof; or any product which is made wholly or in part from any carcass of exotic livestock or part thereof, excepting products which contain exotic livestock ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the animal food industry, and which are exempted by the Board from definition as an exotic livestock product under such conditions as the Board may prescribe to assure that the exotic livestock ingredients in such products are not adulterated and that such products are not represented as exotic livestock products;&nbsp;</span></p> <p><span class="cls0">23. "Exotic livestock broker" means any person engaged in the business of buying or selling exotic livestock products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person; and&nbsp;</span></p> <p><span class="cls0">24. "Renderer" means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of exotic livestock.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 3, eff. Sept. 1, 1991. Amended by Laws 1992, c. 101, &sect; 2, emerg. eff. April 20, 1992.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.4. Board - Powers and duties.&nbsp;</span></p> <p><span class="cls0">In addition to any powers and duties of the Board provided for by law, the Board shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Adopt and promulgate regulations necessary to provide for the proper inspection of exotic livestock and exotic livestock products, and prescribe conditions under which carcasses, parts of carcasses, exotic livestock meat and exotic livestock products capable of use as human food, shall be stored, labeled, marked or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting, in or for intrastate commerce;&nbsp;</span></p> <p><span class="cls0">2. Cooperate with the Secretary of Agriculture of the United States in effectuating the purposes of the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">3. Appoint inspectors to make examination and inspection of exotic livestock, exotic livestock carcasses, all exotic livestock meat and exotic livestock products, and the sanitary conditions of all plants or establishments in which exotic livestock meat and exotic livestock products are prepared;&nbsp;</span></p> <p><span class="cls0">4. Detain and seize exotic livestock or exotic livestock carcasses or exotic livestock products pursuant to the provisions of the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">5. Require reports from all persons subject to the provisions of the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">6. Suspend inspection service pursuant to the provisions of the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">7. Establish and enforce administrative penalties pursuant to Section 111 of Title 2 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">8. Enter upon any public or private property for purposes of inspecting and investigating compliance with the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">9. Refuse to render inspection services to any establishment whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">10. Institute or cause to be instituted any necessary legal proceedings with the Office of the Attorney General or in any court of competent jurisdiction for an injunction relief to enforce the provisions of the Exotic Livestock and Exotic Livestock Products Inspection Act; and&nbsp;</span></p> <p><span class="cls0">11. Exercise all incidental powers which are necessary and proper to perform the duties of the Board pursuant to the Exotic Livestock and Exotic Livestock Products Inspection Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 4, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.5. Application of act - Registration with Board - Dead, dying, disabled or diseased animals - Prerequisites for sale.&nbsp;</span></p> <p><span class="cls0">A. The Exotic Livestock and Exotic Livestock Products Inspection Act shall apply to:&nbsp;</span></p> <p><span class="cls0">1. Any person that engages in the business of slaughtering any exotic livestock or processing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any exotic livestock for use as human food or animal food. The provisions of this paragraph shall not apply to:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the slaughtering of exotic livestock owned and raised by a person who prepares and transports the carcasses of exotic livestock or parts of exotic livestock exclusively for his own use or for use by members of his household or his nonpaying guests or employees, or&nbsp;</span></p> <p class="cls3"><span class="cls0">&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;&nbsp;except as otherwise provided by this section, any person who slaughters exotic livestock or processes or otherwise handles exotic livestock products which have been or are to be processed as required by recognized religious dietary laws.&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;Any person desiring such exemption shall make application to the Oklahoma State Department of Agriculture. The application shall be in such form and contain such information as is required by the Board.&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;The Board may impose such conditions as to sanitary standards, practices, and procedures in granting such exemption as it deems necessary to effectuate the purposes of the Exotic Livestock and Exotic Livestock Products Inspection Act. Any person who processes exotic livestock or exotic livestock products under exemption from certain requirements as provided in this division shall be subject to all of the other applicable provisions of the Exotic Livestock and Exotic Livestock Products Inspection Act and the regulations promulgated pursuant thereto.&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;Processing plants shall meet the sanitary requirements set forth in the Exotic Livestock and Exotic Livestock Products Inspection Act and shall be required to qualify for inspection and operate as official establishments;&nbsp;</span></p> <p><span class="cls0">2. Any person who engages in the business of buying or selling, as exotic livestock products brokers, wholesalers, or otherwise, or transporting or storing any carcasses, or parts or products of carcasses, of any exotic livestock; or&nbsp;</span></p> <p><span class="cls0">3. Any person who engages in business as a renderer, or engages in the business of buying, selling, or transporting any dead, dying, disabled, or diseased exotic livestock or parts of the carcasses of any exotic livestock that died otherwise than by slaughter.&nbsp;</span></p> <p><span class="cls0">B. 1. Any person who is engaged in business specified in this subsection shall be registered with the Board:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;as a meat broker, renderer, or animal food manufacturer, or engage in business in such commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any exotic livestock whether intended for human food or other purposes; or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;as a public warehouseman storing any such articles in or for such commerce, or engage in the business of buying, selling, or transporting in such commerce any dead, dying, disabled, or diseased animals of the specified kinds, or parts of the carcasses of any such animals that died otherwise than by slaughter.&nbsp;</span></p> <p><span class="cls0">2. The application for registration shall contain the name of such person, address of each place of business at which and all trade names under which such person conducts such business and such other information deemed necessary by the Board.&nbsp;</span></p> <p><span class="cls0">C. Any person, firm, or corporation who is engaged in the business of buying, selling, or transporting dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in such commerce, any dead, dying, disabled, or diseased exotic livestock or parts of the carcasses of any such animals that died otherwise than by slaughter, shall comply with such regulations as the Board prescribes to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.&nbsp;</span></p> <p><span class="cls0">D. On and after September 1, 1991, no exotic livestock products intended for human food shall be allowed to be sold in this state without:&nbsp;</span></p> <p><span class="cls0">1. First being inspected and approved by:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the United States Department of Agriculture,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the Oklahoma State Department of Agriculture, or&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;a program from another state approved by the Board; or&nbsp;</span></p> <p><span class="cls0">2. Having been legally imported into this state pursuant to existing laws of the Federal Food, Drug and Cosmetic Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 5, eff. Sept. 1, 1991. Amended by Laws 1992, c. 101, &sect; 3, emerg. eff. April 20, 1992.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.6. Operation of slaughtering plant - Approval of plant - Compliance with act.&nbsp;</span></p> <p><span class="cls0">A. On and after September 1, 1991:&nbsp;</span></p> <p><span class="cls0">1. Prior to slaughtering any exotic livestock or processing any exotic livestock products at any plant, a person owning or operating such plant shall have the plant approved by the Department.&nbsp;</span></p> <p><span class="cls0">2. To receive plant approval, a person shall make application to the State Board of Agriculture. As part of the application, the person shall agree to comply with the terms and conditions of the Exotic Livestock and Exotic Livestock Products Inspection Act and any applicable regulations promulgated thereto.&nbsp;</span></p> <p><span class="cls0">3. Prior to any such approval, the plant and plant equipment shall be inspected by the Department of Agriculture.&nbsp;</span></p> <p><span class="cls0">4. Upon the approval of the plant and plant equipment by the Department, the plant shall be considered an official plant.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;B. No establishment or plant processing exotic livestock or exotic livestock products shall process any exotic livestock or exotic livestock product capable of use as human food except in compliance with the requirements of the Exotic Livestock and Exotic Livestock Products Inspection Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 6, eff. Sept. 1, 1991. Amended by Laws 1992, c. 101, &sect; 4, emerg. eff. April 20, 1992.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.7. Inspection service and inspections.&nbsp;</span></p> <p><span class="cls0">A. All inspection service shall be subject to supervision at all times by an inspector. Such service shall be rendered where the facilities and conditions are satisfactory for the conduct of the service and the requisite inspectors are available.&nbsp;</span></p> <p><span class="cls0">B. Exotic livestock which is processed in official plants in accordance with the Exotic Livestock and Exotic Livestock Products Inspection Act may be inspected.&nbsp;</span></p> <p><span class="cls0">C. All exotic livestock that is slaughtered and processed in an official plant where inspection service is maintained shall be inspected for condition and wholesomeness. No dressed or uninspected exotic livestock products shall be brought into such official plant.&nbsp;</span></p> <p><span class="cls0">D. Inspection shall not be provided at any establishment for the slaughter of exotic livestock, or the preparation of any carcasses or parts or products of such animals which are not intended for human food.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 7, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.8. Records.&nbsp;</span></p> <p><span class="cls0">A. All persons subject to the provisions of the Exotic Livestock and Exotic Livestock Products Inspection Act shall keep such records as willfully and correctly disclose all transactions involved in their businesses. All persons, subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Board, afford such representative and any duly authorized representative of the Secretary of Agriculture of the United States accompanied by such representative of the Board access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory.&nbsp;</span></p> <p><span class="cls0">B. Any record required to be maintained by this section shall be maintained for such period of time as the Board may by regulations prescribe.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 8, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.9. Unlawful acts.&nbsp;</span></p> <p><span class="cls0">A. On and after September 1, 1991, no person shall:&nbsp;</span></p> <p><span class="cls0">1. Slaughter any exotic livestock or process any exotic livestock products which are capable of use as human food at any establishment processing any such articles solely for intrastate commerce, except in compliance with the requirements of the Exotic Livestock and Exotic Livestock Products Inspection Act; and&nbsp;</span></p> <p><span class="cls0">2. Sell, transport, offer for sale or transportation, or receive for transportation from an official establishment, any slaughtered exotic livestock from which the blood, feet, head, or viscera have not been removed in accordance with regulations promulgated by the Board, except as may be authorized by regulations of the Board.&nbsp;</span></p> <p><span class="cls0">B. No person shall:&nbsp;</span></p> <p><span class="cls0">1. Sell, transport, offer for sale or transportation, or receive for transportation:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;any exotic livestock products which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;any exotic livestock products required to be inspected pursuant to the Exotic Livestock and Exotic Livestock Products Inspection Act unless they have been so inspected and passed;&nbsp;</span></p> <p><span class="cls0">2. Perform any act which is intended to cause or has the effect of causing such exotic livestock or exotic livestock products to be adulterated or misbranded;&nbsp;</span></p> <p><span class="cls0">3. Use to his own advantage, or reveal other than to the authorized representatives of the state government or any other government in their official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of the Exotic Livestock and Exotic Livestock Products Inspection Act concerning any matter which is entitled to protection as a trade secret.&nbsp;</span></p> <p><span class="cls0">C. No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Board.&nbsp;</span></p> <p><span class="cls0">D. No person shall:&nbsp;</span></p> <p><span class="cls0">1. Forge any official device, mark, or certificate;&nbsp;</span></p> <p><span class="cls0">2. Without authorization from the Board use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate including "Oklahoma Rejected" or "Oklahoma Retained" tags;&nbsp;</span></p> <p><span class="cls0">3. Contrary to the regulations prescribed by the Board, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;&nbsp;</span></p> <p><span class="cls0">4. Knowingly possess, without promptly notifying the Board or its representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any exotic livestock, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;&nbsp;</span></p> <p><span class="cls0">5. Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Board; or&nbsp;</span></p> <p><span class="cls0">6. Knowingly represent that any article has been inspected and passed, or exempted, pursuant to the Exotic Livestock and Exotic Livestock Products Inspection Act when, in fact, it has not been so inspected and passed, or exempted.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 9, eff. Sept. 1, 1991. Amended by Laws 1992, c. 101, &sect; 5, emerg. eff. April 20, 1992.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.10. Suspension of plant approval - Grounds - Refusal to provide or withdrawal of inspection service.&nbsp;</span></p> <p><span class="cls0">A. 1. Any plant approval given pursuant to the Exotic Livestock and Exotic Livestock Products Inspection Act may be suspended by the Department for:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;failure to maintain a plant and equipment in a satisfactory state of repair;&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;failure to maintain plant or equipment in a sanitary manner on a continuing basis;&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;the use of operating procedure which are not in accordance with the Exotic Livestock and Exotic Livestock Products Inspection Act or regulations promulgated thereto;&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;alterations of buildings, facilities, or equipment which cannot be approved in accordance with the Exotic Livestock and Exotic Livestock Products Inspection Act or regulations promulgated thereto;&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;assault on an agent of the Board; or&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;failure to properly denature condemned and inedible materials.&nbsp;</span></p> <p><span class="cls0">2. During such period of suspension, inspection service shall not be rendered. However, the other provisions of the Exotic Livestock and Exotic Livestock Products Inspection Act pertaining to providing such service on a resident basis will remain in effect unless such service is terminated in accordance with duly authorized regulations promulgated by the Department. Upon suspension of inspection service in an official plant, the plant approval shall also become suspended, and all labels, seals, tags or packaging material bearing official identification shall be destroyed, or the official identification completely obliterated, or sealed in a manner acceptable to the Department.&nbsp;</span></p> <p><span class="cls0">B. 1. The Board may refuse to provide, or withdraw, inspection service with respect to any establishment if it determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection because the applicant or recipient, or any person responsibly connected with the applicant or recipient, has been convicted, in any federal or state court of:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;any felony, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food.&nbsp;</span></p> <p><span class="cls0">2. This section shall not affect in any way other provisions of the Exotic Livestock and Exotic Livestock Products Inspection Act for withdrawal of inspection services from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meats or meat food products.&nbsp;</span></p> <p><span class="cls0">3. For the purpose of this subsection, a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of ten percent (10%) or more of its voting stock or employee in a managerial or executive capacity. The determination and order of the Board with respect thereto pursuant to this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty (30) days after the effective date of such order in the appropriate court. Judicial review of any such order shall be upon the record upon which the determination and order are based.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 10, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.11. Violations - Complaints - Notice - Hearings - Orders - Emergencies - Service of notice or other instrument.&nbsp;</span></p> <p><span class="cls0">A. Whenever the Board determines there are reasonable grounds to believe that there has been a violation of any of the provisions of the Exotic Livestock and Exotic Livestock Products Inspection Act, any rule or regulation promulgated thereto, or any order of the Board, it shall give written notice to the alleged violator specifying the cause of complaint. Such notice shall require that the matters complained of be corrected or that the alleged violator appear before the Board at a time and place specified in the notice and answer the charges. The notice shall be delivered to the alleged violator or violators in accordance with the provisions of subsection D of this section not less than twenty (20) days before the time set for the hearing.&nbsp;</span></p> <p><span class="cls0">B. The Board shall afford the alleged violator or violators an opportunity for a fair hearing in accordance with the provisions of subsection E of this section. On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon. The Board shall give written notice of such order to the alleged violator and to such other persons as shall have appeared at the hearing and made written request for notice of the order. If the hearing is held before any person other than the Board itself, such person shall transmit the record of the hearing together with recommendations for findings of fact and conclusions of law to the Board which shall thereupon enter its order. The Board may, in its discretion, enter its order on the basis of such record or, before issuing its order, require additional hearings or further evidence to be presented. The order of the Board shall become final and binding on all parties unless appealed to the district court as provided in Article II of the Administrative Procedures Act within thirty (30) days after notice has been sent to the parties.&nbsp;</span></p> <p><span class="cls0">C. Whenever the Board finds that an emergency exists requiring immediate action to protect the public health or welfare it may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the provisions of subsection B of this section, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately but on application to the Board shall be afforded a hearing within ten (10) days. On the basis of such hearing, the Board shall continue such order in effect, revoke it or modify it; provided, that any person aggrieved by such order continued after the hearing provided in this subsection may appeal to the district court of the area affected within thirty (30) days. Such appeal when docketed shall have priority over all cases pending on said docket, except criminal.&nbsp;</span></p> <p><span class="cls0">D. Except as otherwise expressly provided, any notice, order or other instrument issued by or under authority of the Board may be served on any person affected thereby personally or by publication. Proof of such service shall be made as in case of service of a summons or by publication in a civil action, such proof to be filed in the office of the Board; or such service may be made by mailing a copy of the notice, order or other instrument by registered mail directed to the person affected at his lastknown post office address as shown by the files or records of the Board, and proof thereof may be made by the affidavit of the person who did the mailing, filed in the office of the Board.&nbsp;</span></p> <p><span class="cls0">Every certificate or affidavit of service made and filed as herein provided shall be prima facie evidence of the facts therein stated, and a certified copy thereof shall have like force and effect.&nbsp;</span></p> <p><span class="cls0">E. The hearings herein provided may be conducted by the Board itself at a regular or special meeting of the Board, or the Board may designate hearing officers who shall have the power and authority to conduct such hearings in the name of the Board at any time and place. Such hearings shall be conducted in conformity with and records made thereof as provided in the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 11, eff. Sept. 1, 1991. Amended by Laws 1992, c. 101, &sect; 6, emerg. eff. April 20, 1992.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.12. Violations - Penalties.&nbsp;</span></p> <p><span class="cls0">A. Any person who willfully:&nbsp;</span></p> <p><span class="cls0">1. Makes, or causes to be made, any false entry or statement of fact in any report required to be made pursuant to the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">2. Makes, or causes to be made, any false entry in any account, record, or memorandum kept by any person subject to the Exotic Livestock and Exotic Livestock Products Inspection Act;&nbsp;</span></p> <p><span class="cls0">3. Neglects or fails to make, or causes to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such person;&nbsp;</span></p> <p><span class="cls0">4. Removes out of the jurisdiction of this state, or willfully mutilates, alters, or by any other means falsifies any documentary evidence of any such person; or&nbsp;</span></p> <p><span class="cls0">5. Refuses to submit to the Board or to any of its authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any such person, firm, or corporation in his possession or within his control;&nbsp;</span></p> <p><span class="cls0">shall be deemed guilty and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">B. Any officer or employee of this state who shall make public any information obtained by the Board, without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">C. Any person who violates any provision of the Exotic Livestock and Exotic Livestock Products Inspection Act for which no other criminal penalty is provided by the Exotic Livestock and Exotic Livestock Products Inspection Act shall, upon conviction, be subject to a fine of not more than One Thousand Dollars ($1,000.00).&nbsp;</span></p> <p><span class="cls0">D. If a violation involved intent to defraud, or any distribution or attempted distribution of an article that is adulterated, such person shall be subject to a fine of not more than Ten Thousand Dollars ($10,000.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 12, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-290.13. Penalties - Limitations on application - Minor violations.&nbsp;</span></p> <p><span class="cls0">A. No person shall be subject to penalties pursuant to this section for receiving for transportation any article or animal in violation of the Exotic Livestock and Exotic Livestock Products Inspection Act if such receipt was made in good faith, unless such person refuses to furnish on request of a representative of the Board the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him.&nbsp;</span></p> <p><span class="cls0">B. Nothing in the Exotic Livestock and Exotic Livestock Products Inspection Act shall be construed as requiring the Board to report for prosecution, or for the institution of legal action or injunction proceedings, minor violations of the Exotic Livestock and Exotic Livestock Products Inspection Act whenever it believes that the public interest will be adequately served by a suitable written notice of warning.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 231, &sect; 13, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-291. Exotic livestock disease control - Official agency.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Agriculture shall be the official exotic livestock disease control agency of the State of Oklahoma, and shall have the authority to issue and enforce rules governing the movement and testing of exotic livestock as defined in Section 6-290.3 of this title, in intrastate commerce with regards to disease emergency, disease control, or disease eradication.&nbsp;</span></p> <p><span class="cls0">B. The Board shall have the authority to issue and enforce rules governing the movement and testing of exotic livestock as defined by Section 6-290.3 of this title, in interstate commerce as required or allowed by federal law.&nbsp;</span></p> <p><span class="cls0">C. In addition to requirements established by the Board, no person shall release exotic livestock under the jurisdiction of the Board into the wilds of Oklahoma without first obtaining written permission of the Director of the Oklahoma Wildlife Conservation Commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 5, &sect; 1, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 65, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-301. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-6-302. Disease eradication and control - Inspecting and examining vehicles &ndash; Issuing citations - Agents' satisfactory completion of courses.&nbsp;</span></p> <p><span class="cls0">A. To enable the State Board of Agriculture to implement its duties and responsibilities regarding disease eradication and control of livestock and theft of livestock, and of farming equipment and farm implements, authorized agents of the Board are authorized to stop a vehicle transporting any livestock or farming equipment or farm implement for the purposes of inspecting and examining:&nbsp;</span></p> <p><span class="cls0">1. Livestock being transported;&nbsp;</span></p> <p><span class="cls0">2. The documents relating to the health, ownership, or destination of the livestock; and&nbsp;</span></p> <p><span class="cls0">3. Ownership documents or serial or identification numbers relating to farming equipment or farm implements.&nbsp;</span></p> <p><span class="cls0">B. 1. Agents of the Board are authorized to issue citations to those persons committing violations of the laws relating to the control and eradication of disease in livestock in this state.&nbsp;</span></p> <p><span class="cls0">2. Each violation relating to the transportation of livestock, and any required documentation regarding disease eradication and control of livestock being transported may result in a citation not to exceed Five Hundred Dollars ($500.00) per incident. Each citation issued shall indicate the name of the owner of the livestock being transported, as well as the name of the driver of the vehicle.&nbsp;</span></p> <p><span class="cls0">3. If an owner or driver receives three citations for violations of this subsection within a consecutive three-year period, the owner or driver may be subject to citations not to exceed One Thousand Dollars ($1,000.00) for any subsequent violations of this subsection.&nbsp;</span></p> <p><span class="cls0">C. The authorized agents designated to stop vehicles and issue citations shall be required to satisfactorily complete those courses offered by law enforcement agencies as are required by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 132, &sect; 2, emerg. eff. June 3, 1987. Amended by Laws 2000, c. 367, &sect; 66, emerg. eff. June 6, 2000; Laws 2001, c. 430, &sect; 4, eff. Nov. 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;26-303. Livestock trailers to be identified by number or driver license number.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful to operate any trailer, not otherwise required to be licensed by law, which is used for the hauling of livestock upon the roads or highways of the State of Oklahoma unless that trailer bears an identifying number.&nbsp;</span></p> <p><span class="cls0">B. Trailers owned by individual persons shall be identified with the driver license number of the owner. Trailers owned by corporations, partnerships, and other associations or owned by a person who has no driver license shall be identified with numbers as designated by rules of the State Board of Agriculture with advice from the Oklahoma Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">C. The identifying number shall be in Arabic numerals in a contrasting color of not less than two (2) inches high painted or otherwise affixed to the rear of the trailer so it is clearly visible from the rear at all times and in a manner as to reasonably assure against alteration or destruction.&nbsp;</span></p> <p><span class="cls0">D. The State Board of Agriculture may promulgate rules, and with the advice of the Oklahoma Department of Public Safety, direct the affixing of identifying numbers to livestock trailers.&nbsp;</span></p> <p><span class="cls0">E. It shall be unlawful to alter a livestock trailer identifying number other than to comply with this subarticle or rules issued pursuant to this subarticle.&nbsp;</span></p> <p><span class="cls0">F. No fee shall be charged for the issuance of any trailer identification number required by this subarticle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 88, &sect; 1, eff. Jan. 1, 1975. Amended by Laws 2001, c. 146, &sect; 76, emerg. eff. April 30, 2001. Renumbered from &sect; 1601 of this title by Laws 2001, c. 146, &sect; 254, emerg. eff. April 30, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;26-304. Penalties.&nbsp;</span></p> <p><span class="cls0">Any person who violates the provisions of Section 6-303 of this title by failing to properly display the proper number shall be guilty of a misdemeanor and upon conviction thereof subject to a fine not to exceed Ten Dollars ($10.00). Any person who alters a vehicle identifying number in violation of Section 6-303 of this title, or rules issued pursuant to Section 6-303 of this title, upon conviction thereof, shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 88, &sect; 2, eff. Jan. 1, 1975. Amended by Laws 2001, c. 146, &sect; 77, emerg. eff. April 30, 2001. Renumbered from &sect; 1602 of this title by Laws 2001, c. 146, &sect; 254, emerg. eff. April 30, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-310. Agriculture law enforcement agents.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner of the State Board of Agriculture may commission, subject to the approval of the Board, agriculture law enforcement agents.&nbsp;</span></p> <p><span class="cls0">B. Agriculture law enforcement agents, when commissioned, shall:&nbsp;</span></p> <p><span class="cls0">1. Have all the powers of peace officers except the serving or execution of civil process other than the execution of civil process related to the Oklahoma Agricultural Code;&nbsp;</span></p> <p><span class="cls0">2. Have in all parts of the state the same powers with respect to criminal matters and enforcement of the laws relating thereto as sheriffs, highway patrol, and police officers in their respective jurisdictions;&nbsp;</span></p> <p><span class="cls0">3. Enforce the civil, criminal, and administrative provisions relating to livestock theft, animal health and importation statutes and theft of farming equipment and farm implements, as well as any other law contained in the Oklahoma Agricultural Code;&nbsp;</span></p> <p><span class="cls0">4. Possess all immunities and matters of defense now available or hereafter made available to sheriffs, highway patrol and police officers in any suit brought against them in consequence of acts done in the course of their employment; and&nbsp;</span></p> <p><span class="cls0">5. Comply with the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. Agriculture law enforcement agents specifically:&nbsp;</span></p> <p><span class="cls0">1. Are vested with the power and authority of sheriffs in making arrests for violations of the Oklahoma Agricultural Code and in the enforcement of nonagriculturerelated crimes in cooperation with other law enforcement officers and agencies as authorized by the Board and approved by the Governor of the State of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. May take into possession any farming equipment or farm implement and any and all livestock, or any part thereof, killed, taken, shipped or had in possession contrary to the law. Such livestock or parts thereof may be disposed of as determined by the Commissioner or any court of competent jurisdiction;&nbsp;</span></p> <p><span class="cls0">3. May make a complaint and cause proceedings to be commenced against any person for violation of any of the laws relating to the Oklahoma Agricultural Code or relating to theft of livestock and of farming equipment or farm implements, with the sanction of the prosecuting or district attorney of the county in which the proceedings are brought, and shall not be required to give security for costs;&nbsp;</span></p> <p><span class="cls0">4. In connection with the enforcement of the civil, criminal, and administrative provisions, shall have the express authority to stop the transportation or movement of any animal or farming equipment or farm implement within this state and shall have the right to enter upon all premises, posted, or otherwise, when necessary for enforcement of the laws of this state;&nbsp;</span></p> <p><span class="cls0">5. Shall be under the control and direction of the Commissioner. The Commissioner may, at any time, remove any powers or authority of arrest conferred by the Commissioner; and&nbsp;</span></p> <p><span class="cls0">6. Shall have the right to carry firearms as authorized by the Commissioner.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 430, &sect; 5, eff. Nov. 1, 2001. Amended by Laws 2007, c. 157, &sect; 3, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-311. License - Construction of act - Restricted aquatic species.&nbsp;</span></p> <p><span class="cls0">A. No person may engage in the private commercial production of catfish, minnows, fingerlings, fish, frogs, or other aquatic species without having first procured a license from the State Board of Agriculture.&nbsp;</span></p> <p><span class="cls0">B. The initial fee for a license issued pursuant to the provisions of this section, and the annual fee for the renewal of such license, shall be Ten Dollars ($10.00).&nbsp;</span></p> <p><span class="cls0">C. All licenses may be renewed so long as the applicant remains in operation, in the production of a particular aquatic species and in compliance with the provisions of this act and rules promulgated thereto.&nbsp;</span></p> <p><span class="cls0">D. Nothing in this act shall be construed to authorize the importation or exportation of minnows and other fish species that are subject to the provisions of Sections 4-105, 4-115, and 7-602 of Title 29 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">E. No license shall be issued by the Oklahoma Department of Agriculture, Food, and Forestry pursuant to the provisions of this section for any restricted aquatic species designated by rules promulgated by the Oklahoma Wildlife Conservation Commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 295, &sect; 1, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-312. Technical assistance.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Department of Agriculture, Food, and Forestry may provide technical assistance to persons legally engaged in the private commercial production of catfish, minnows, fingerlings, fish, frogs and other aquatic species pursuant to the provisions of this act. Such technical assistance shall be limited to recommendations and in no instance shall the Department provide any assistance or any funds to effectuate or implement such recommendations.&nbsp;</span></p> <p><span class="cls0">B. Reasonable fees, as determined by the State Board of Agriculture, may be charged by the Department for salary, expenses, and supplies of Department employees providing technical assistance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 295, &sect; 2, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-313. Confinement and separation from wild species.&nbsp;</span></p> <p><span class="cls0">A. All catfish, minnows, fingerlings, fish, frogs, and other aquatic species which are legally produced, pursuant to the provisions of this act, shall be confined to the lands and waters of the licensee in such a manner so as to prohibit:&nbsp;</span></p> <p><span class="cls0">1. Contact with wild fish or other aquatic species in public waters; and&nbsp;</span></p> <p><span class="cls0">2. Such wild fish or other aquatic species in public waters from becoming a part of the commercial production.&nbsp;</span></p> <p><span class="cls0">B. 1. Except as otherwise provided by this subsection, the Oklahoma Department of Agriculture, Food, and Forestry shall not restrict the manner in which persons, licensed pursuant to this act, gather or impound aquatic species raised within the impoundments in their commercial operations.&nbsp;</span></p> <p><span class="cls0">2. No person shall sell or attempt to sell game fish and/or paddlefish obtained from public waters that have been commingled with privately produced fish subject to the provisions of this act.&nbsp;</span></p> <p><span class="cls0">C. No licensee may receive, free of charge, any catfish, minnow, fingerling, fish, frog or other aquatic species from the state or federal government.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 295, &sect; 3, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-314. Inspections - Summary of aquatic species produced and marketed.&nbsp;</span></p> <p class="cls3"><span class="cls0">A. 1. a.&nbsp;&nbsp;Any duly authorized representative of the Oklahoma Department of Agriculture, Food, and Forestry shall have the power to inspect, at reasonable times, records, facilities and operations of any person engaging in the commercial production of catfish, minnows, fingerlings, fish, frogs and other aquatic species in order to determine whether or not diseased species, that could cause such species to contaminate wild fish, exist in the impoundments.&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;If diseased conditions exist, the Oklahoma Department of Agriculture, Food, and Forestry may require the removal or the treatment of the diseased species to prevent contamination of wild fish.&nbsp;</span></p> <p><span class="cls0">2. Any duly authorized representative of the Department of Wildlife Conservation shall have the power to inspect, at reasonable times, records, facilities and operations of any person engaging in the commercial production of catfish, minnows, fingerlings, fish, frogs and other aquatic species in order to determine if the commercial operation is in compliance with the Oklahoma Wildlife Conservation Code and rules promulgated thereto. Any person found or alleged to be in violation of the Oklahoma Wildlife Conservation Code or rules promulgated thereto shall be subject to the provisions of the Oklahoma Wildlife Conservation Code.&nbsp;</span></p> <p><span class="cls0">B. A licensee shall be present during any inspection authorized pursuant to the provisions of this section. In addition, the licensee shall cooperate with the Oklahoma Department of Agriculture, Food, and Forestry and the Department of Wildlife Conservation in performing such licensee&rsquo;s duties pursuant to the provisions of this act.&nbsp;</span></p> <p><span class="cls0">C. Any licensee subject to the provisions of this act shall submit to the Oklahoma Department of Agriculture, Food, and Forestry an annual summary of the number of catfish, minnows, fingerlings, fish, frogs and other aquatic species produced and marketed by the commercial operation and any other information as requested by the Department. The summary shall be submitted to the Department at such time and in such manner as is required by the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 295, &sect; 4, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-315. Decals.&nbsp;</span></p> <p><span class="cls0">A. 1. Each vehicle used to transport private commercially produced catfish, minnows, fingerlings, fish, frogs or other aquatic species shall be marked conspicuously by decals bearing the inscription "Aquatic Culture".&nbsp;</span></p> <p><span class="cls0">2. The decals shall be located on each side of the hauling unit.&nbsp;</span></p> <p><span class="cls0">B. The decals shall be furnished by the Oklahoma Department of Agriculture, Food, and Forestry at a reasonable cost per decal payable by the owner of the vehicle hauling the aquatic species.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 295, &sect; 5, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-316. Application for license - Proofs required - Revocation.&nbsp;</span></p> <p><span class="cls0">A. 1. All persons applying for a license to commercially produce catfish, minnows, fingerlings, fish, frogs or other aquatic species pursuant to the provisions of this act shall produce positive proof of:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;identification including, but not limited to, a valid Oklahoma driver license of the applicant,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;age, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;residency.&nbsp;</span></p> <p><span class="cls0">2. It shall be unlawful for any person to make a false statement or to give any false information in order to acquire a license, pursuant to the provisions of this act.&nbsp;</span></p> <p><span class="cls0">B. Any license issued by the Oklahoma Department of Agriculture, Food, and Forestry pursuant to this act shall contain the data required by subsection A of this section as well as the date and time of issuance of the license.&nbsp;</span></p> <p><span class="cls0">C. 1. All licenses issued by the Department pursuant to this act shall be nontransferable.&nbsp;</span></p> <p><span class="cls0">2. No person shall alter, change, lend or transfer any such license. No person shall use, loan or borrow a license which has not been issued to that person by the Oklahoma Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">D. All licenses issued pursuant to this act shall terminate December 31 for the year issued.&nbsp;</span></p> <p><span class="cls0">E. The Department may issue a duplicate license at a reasonable cost for a commercial operation if such license is lost or destroyed.&nbsp;</span></p> <p><span class="cls0">F. 1. A license for engaging in a private commercial operation subject to the provisions of this act may be revoked for a period of not less than one (1) year upon the conviction of the licensee for violating any provision of this act or rules promulgated thereto by the Oklahoma Department of Agriculture, Food, and Forestry in accordance with rules promulgated by the State Board of Agriculture, or by a court of competent jurisdiction.&nbsp;</span></p> <p><span class="cls0">2. For purposes of this subsection, a court conviction, a plea of guilty, a plea of nolo contendere, the imposition of a deferred or suspended sentence by a court, or forfeiture of bond shall be deemed a conviction.&nbsp;</span></p> <p><span class="cls0">3. Any person who has had a license to engage in private commercial operations pursuant to this act shall not be entitled to reapply for such license until the revocation period has expired or the person has obtained approval of the Oklahoma Department of Agriculture, Food, and Forestry to reapply for the license.&nbsp;</span></p> <p><span class="cls0">4. It shall be unlawful for any person to engage in a private commercial operation subject to the provisions of this act after revocation of his or her license. Upon conviction of engaging in a commercial operation after revocation of a license, such person shall not be entitled to obtain a license pursuant to this act for a two-year period after conviction.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 295, &sect; 6, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-317. Violations.&nbsp;</span></p> <p><span class="cls0">A. Any person convicted of violating any of the provisions of this act shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">B. Any violations of the Oklahoma Wildlife Conservation Code shall be under the jurisdiction of the Oklahoma Wildlife Conservation Commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 295, &sect; 7, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-400. Short title.&nbsp;</span></p> <p><span class="cls0">Subarticle 4 of Article 6 of the Oklahoma Agricultural Code shall be known and may be cited as the "Animal Disease Outbreak Temporary Emergency Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 173, &sect; 14, emerg. eff. May 6, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-401. Animal disease threatening domestic animal population and/or public welfare &ndash; Certification &ndash; Declaration of emergency by Governor.&nbsp;</span></p> <p><span class="cls0">A. 1. If the State Board of Agriculture determines that a confirmed case of an animal disease in this state presents a substantial and imminent threat to the state's domestic animal population and/or to protect the public welfare, the Board shall certify the case to the Governor.&nbsp;</span></p> <p><span class="cls0">2. After receiving certification from the Board, the Governor may declare an emergency pursuant to this section for purposes of allowing the Board to establish quarantine zones of control to protect the health of domestic animals and the public welfare from disease. The Governor may declare an emergency pursuant to this section without declaring an emergency under the Oklahoma Civil Defense and Emergency Resources Management Act of 1967.&nbsp;</span></p> <p><span class="cls0">3. A declaration pursuant to this section:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;may specify that it applies to all or certain units of the state or local government,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;must specify the time period for which it applies, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;must be filed with the Secretary of State.&nbsp;</span></p> <p><span class="cls0">4. The provisions of this subsection are in addition to and do not limit authority granted to the Governor or local government officials by other provisions of law.&nbsp;</span></p> <p><span class="cls0">B. 1. The Board may meet by electronic means without violating state open meeting laws for the purpose of declaring that a highly suspicious case of a disease in this state presents a substantial and imminent threat to the state's domestic animal population.&nbsp;</span></p> <p><span class="cls0">2. If the Board meets by electronic means for this purpose, it shall comply with the emergency meeting notice provisions of Section 311 of Title 25 of the Oklahoma Statutes and, to the fullest extent possible, provide public and media access to the meeting.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 173, &sect; 15, emerg. eff. May 6, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-402. Quarantine zones of control.&nbsp;</span></p> <p><span class="cls0">A. Upon an emergency declaration by the Governor pursuant to the Animal Disease Outbreak Temporary Emergency Act, the State Veterinarian may establish quarantine zones of control in any area where a specific animal determined to be infected or is likely to be infected with the disease be examined by a veterinarian authorized by the Board or the State Veterinarian. This determination shall be based on an actual veterinary examination or laboratory testing.&nbsp;</span></p> <p><span class="cls0">B. Quarantine zones of control shall be the smallest size practicable to prevent the spread of the disease and must exist for the shortest duration consistent with effective disease control. A quarantine zone of control shall not extend beyond a radius of three (3) miles from an animal determined to be infected or is likely to be infected with the disease, unless the Board orders that control of a specific disease requires a larger quarantine zone of control based upon epidemiological evidence.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 173, &sect; 16, emerg. eff. May 6, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-403. Orders restricting movement of persons, livestock, machinery, and personal property.&nbsp;</span></p> <p><span class="cls0">A. 1. The State Board of Agriculture may issue orders restricting the movement of persons, livestock, machinery, and personal property out of quarantine zones. The President of the Board, the State Veterinarian, or any licensed veterinarian designated by the Board may issue the orders.&nbsp;</span></p> <p><span class="cls0">2. Any such order shall be issued upon a determination that reasonable cause exists to believe that the movement of persons or personal property out of a quarantine zone will reasonably transport a dangerous, infectious, or communicable disease outside of the quarantine zone.&nbsp;</span></p> <p><span class="cls0">B. An order restricting the movement of persons, livestock, machinery, and personal property out of quarantine zones:&nbsp;</span></p> <p><span class="cls0">1. Shall be served upon any person subject to the order;&nbsp;</span></p> <p><span class="cls0">2. Shall be limited to the greatest extent possible consistent with the paramount disease control objectives as determined by the Board;&nbsp;</span></p> <p><span class="cls0">3. May be served on any day at any time; and&nbsp;</span></p> <p><span class="cls0">4. Must include a notice of the person's rights pursuant to this section, including, but not limited to, the ability of the person to enter into an agreement to abide by disease control measures under subsection C of this section and the right to request a court hearing under subsection D of this section. When an order restricting the movement of persons has been issued, the physical and emergency medical needs of those persons restricted pursuant to the order shall be addressed in a systematic and competent manner.&nbsp;</span></p> <p><span class="cls0">C. No person may be restricted by an order, issued pursuant to the Animal Disease Outbreak Temporary Emergency Act for longer than seventy-two (72) hours, if the person agrees to abide by the disease control measures established by the Board. Such person shall sign an acknowledgment form prepared by the Board evidencing the person's agreement to abide by the disease control measures established by the Board.&nbsp;</span></p> <p><span class="cls0">D. Any person whose movements are restricted by an order pursuant to the Animal Disease Outbreak Temporary Emergency Act may seek a district court hearing on the order at any time after it is served on the person. The hearing shall be heard as soon as possible regardless of the time of day and any inconvenience to the court. The hearing may be held by electronic means. The subject of the order may:&nbsp;</span></p> <p><span class="cls0">1. Contest imposition of the order on grounds that it is an abuse of the Board's discretion pursuant to the Animal Disease Outbreak Temporary Emergency Act; or&nbsp;</span></p> <p><span class="cls0">2. Seek a variance from the order to allow movement of a person inconsistent with the order, upon a showing that the person would otherwise suffer irreparable harm.&nbsp;</span></p> <p class="cls2"><span class="cls0">Added by Laws 2002, c. 173, &sect; 17, emerg. eff. May 6, 2002. Amended by Laws 2004, c. 60, &sect; 6, emerg. eff. April 6, 2004.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-404. Court action against persons not abiding by disease control measures &ndash; Hearing &ndash; Violation.&nbsp;</span></p> <p><span class="cls0">A. If the State Board of Agriculture determines that a person has not or is not reasonably likely to abide by the disease control measures established by the Board, the Board may request a court hearing to determine if the emergency temporary restrictions should continue. The court shall schedule the hearing as expeditiously as possible. When the Board requests a court hearing under this section, restrictions pursuant to Section 17 of this act shall continue to apply to the person until the court has held the temporary emergency restrictions hearing and issues an order either continuing the emergency disease control measures established by the Board or removing the emergency disease control measures.&nbsp;</span></p> <p><span class="cls0">B. If the Board requests a court hearing pursuant to this section, notice of the hearing must be served upon any person restricted at least twenty-four (24) hours before the hearing.&nbsp;</span></p> <p><span class="cls0">C. The notice must contain the following information:&nbsp;</span></p> <p><span class="cls0">1. The time, date, and place of the hearing;&nbsp;</span></p> <p><span class="cls0">2. The grounds and underlying facts upon which continued restrictions are sought;&nbsp;</span></p> <p><span class="cls0">3. The person's right to appear by electronic means at the hearing and the right to have a representative appear in person at the hearing;&nbsp;</span></p> <p><span class="cls0">4. The person's right to present and cross-examine witnesses; and&nbsp;</span></p> <p><span class="cls0">5. The person's right to counsel, including the right, if the person is indigent, to representation by counsel designated by the court or county of venue.&nbsp;</span></p> <p><span class="cls0">D. 1. The court may order the continued restriction on the movement of the person if it finds, by a preponderance of the evidence, that travel outside of the quarantine zone by the person would pose an imminent threat of transporting a dangerous, infectious, or communicable disease outside of the boundaries of the quarantine zone.&nbsp;</span></p> <p><span class="cls0">2. If the person agrees to sign and comply with the acknowledgment form referred to in Section 17 of this act, the temporary restrictions shall not continue longer than thirty (30) days.&nbsp;</span></p> <p><span class="cls0">3. If the person refuses to sign and comply with the acknowledgment form, the temporary restrictions shall continue for a longer time as specified by the court. Refusal by the person to sign and comply with the acknowledgment form constitutes a knowing violation of the Animal Disease Outbreak Temporary Emergency Act. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 173, &sect; 18, emerg. eff. May 6, 2002.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-405. Suppression and eradication of disease &ndash; Actions permitted &ndash; Cooperation with federal agencies in enforcement of regulations &ndash; Compensation &ndash; Appraisal &ndash; Proceedings barred pending compensation &ndash; Injunction.&nbsp;</span></p> <p><span class="cls0">A. When it is determined by the State Board of Agriculture that it is necessary to eradicate any dangerous, infectious or communicable disease among domestic animals in the state, the presence of which constitutes an emergency declared pursuant to the Animal Disease Outbreak Temporary Emergency Act or declared by the United States Department of Agriculture, the Board may take reasonable and necessary steps to suppress and eradicate the disease. The Board may cooperate with the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture, federally recognized Indian tribes, state or local government agencies, or any other private or public entity in the suppression and eradication of the disease.&nbsp;</span></p> <p><span class="cls0">B. When an emergency has been declared, the Board or the State Veterinarian may order:&nbsp;</span></p> <p><span class="cls0">1. Animals destroyed which are infected with the disease, exposed to the disease, or are highly susceptible to exposure to the disease because of proximity to diseased animals affected by the disease;&nbsp;</span></p> <p><span class="cls0">2. Personal property to be destroyed in order to remove the infection;&nbsp;</span></p> <p><span class="cls0">3. The cleaning and disinfection of any premises, exposed to the disease, or are highly susceptible to exposure to the disease because of proximity to diseased animals affected by the disease; and&nbsp;</span></p> <p><span class="cls0">4. Any act and incur any other expense reasonably necessary to destroy or suppress the disease.&nbsp;</span></p> <p><span class="cls0">C. The Governor, at the request of the Board, may take any other emergency action necessary to ensure the health of the public and the state livestock industry.&nbsp;</span></p> <p><span class="cls0">D. 1. The Board may:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;accept on behalf of the state, the regulations adopted by the Animal and Plant Health Inspection Service of the United States Department of Agriculture pertaining to the disease authorized under an act of Congress, or the portion of the regulations deemed necessary, suitable, or applicable, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;cooperate with the Animal and Plant Health Inspection Service of the United States Department of Agriculture, in the enforcement of such regulations.&nbsp;</span></p> <p><span class="cls0">2. Alternatively, the Board may follow the procedure only as to quarantine, inspection, condemnation, appraisal, compensation, destruction, burial of animals, disinfection, or other acts the Board considers reasonably necessary for the destruction or suppression of the disease as adopted by the Board.&nbsp;</span></p> <p><span class="cls0">E. 1. For the purpose of determining compensation as provided by subsection F of this section, appraisals of animals or personal property destroyed pursuant to the Animal Disease Outbreak Temporary Emergency Act must be made by a Board-approved appraiser or by an appraisal committee consisting of an appraiser representing the Board, an appraiser representing the Animal and Plant Health Inspection Service of the United States Department of Agriculture, and an appraiser representing the owner. When, in the judgment of the Board or the State Veterinarian, the animals to be killed or personal property to be destroyed poses a disease threat, appraisals may be conducted after the animals are killed based on documents, testimony, or other relevant evidence.&nbsp;</span></p> <p><span class="cls0">2. Appraisals must be:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;in writing and signed by the appraisers or appraisal committee, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;made at the fair market value of all animals and personal property appraised, unless otherwise provided by applicable federal law or regulation when compensation is paid by federal funds.&nbsp;</span></p> <p><span class="cls0">F. Upon destruction of animals or personal property, burial or other disposition of the carcasses of the animals, and the completion of the cleaning and disinfection of the premises in accordance with the provisions of the Animal Disease Outbreak Temporary Emergency Act, the Board or its authorized agent shall certify the appraisal to the Director of the Office of Management and Enterprise Services. If funds are available for this purpose, the Director shall then file a claim with the State Treasurer for a warrant in the amount payable to the owner, excluding any compensation received by the owner from other sources.&nbsp;</span></p> <p><span class="cls0">G. A person who believes that the Board's certified appraisal is not sufficient may apply for a temporary restraining order or injunctive relief from the appropriate district court.&nbsp;</span></p> <p><span class="cls0">H. 1. No person or other legal entity may initiate any proceeding to collect a debt from the owner relating to animals or personal property destroyed pursuant to this section, until the owner has received compensation under paragraph F of this section.&nbsp;</span></p> <p><span class="cls0">2. If a person or other legal entity refuses to comply with this subsection after being informed that the owner qualifies for relief pursuant to the Animal Disease Outbreak Temporary Emergency Act, the owner may apply to the district court in the county in which the owner resides for a court order directing the person or other legal entity to comply with this subsection and to reimburse the owner for reasonable attorney fees incurred in obtaining the court order.&nbsp;</span></p> <p><span class="cls0">3. The provisions of this subsection shall not affect the validity of a mortgage foreclosure, contract for deed cancellation or other proceeding involving the title to real property, unless the owner records in the office of the county clerk where the real property is located, prior to completion of the proceeding to collect the debt, a certified copy of the court order determining that the owner qualifies for relief pursuant to the Animal Disease Outbreak Temporary Emergency Act, and the legal description of the real property.&nbsp;</span></p> <p class="cls3"><span class="cls0">4. a.&nbsp;&nbsp;For purposes of proceedings involving title to real property pursuant to paragraph 3 of this subsection, the court order must provide that the order expires ninety (90) days after the date of application for the court order, unless the court extends the court order prior to that date for good cause shown.&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;A certified copy of any extension of the court order must be filed in the office of the county clerk in order to affect the validity of a proceeding affecting the title to real property.&nbsp;</span></p> <p><span class="cls0">5. For purposes of this subsection:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;"completion of a proceeding to collect a debt" means, in the case of a mortgage foreclosure or of a foreclosure of any other lien on real property, the filing or recording of the sheriff's certificate of sale, and, in the case of a contract for deed cancellation, the end of the cancellation period provided in that law, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;"proceeding to collect a debt" includes foreclosure, repossession, garnishment, levy, contract for deed cancellation, an action to obtain a court judgment, a proceeding to collect real estate taxes or special assessments, eviction, and any other in-court and out-of-court proceedings to collect a debt. The term shall not include sending bills or other routine communications to the owner.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 173, &sect; 19, emerg. eff. May 6, 2002. Amended by Laws 2012, c. 304, &sect; 6.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-501. Short title.&nbsp;</span></p> <p class="cls9"><span class="cls0">This act shall be known and may be cited as the &ldquo;Oklahoma Farmed Cervidae Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 138, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-502. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Farmed Cervidae Act:&nbsp;</span></p> <p><span class="cls0">1. "Cervid", "cervidae", and "deer" mean any member of the cervidae family;&nbsp;</span></p> <p class="cls10"><span class="cls0">2. "Commercial" means to manage on a business basis or engage in any transaction or exchange for consideration including barter, the offer to sell, or possession with intent to sell for profit or monetary gain;&nbsp;</span></p> <p class="cls10"><span class="cls0">3. "Department" means the Oklahoma Department of Agriculture, Food, and Forestry;&nbsp;</span></p> <p class="cls10"><span class="cls0">4. "Farmed cervidae" means all species of the cervid family and hybrids including white-tailed deer, elk, mule deer, red deer, or any other member of the family cervidae specified in rule by the State Board of Agriculture with written concurrence of the Department of Wildlife Conservation that are raised or maintained within a perimeter fence or confined space for the production of meat and other agricultural products, sport, exhibition, personal use, or any other purpose. Farmed cervidae shall be considered livestock as long as they remain in a farmed cervidae facility. Farmed cervidae shall not include cervidae in a commercially licensed hunting facility;&nbsp;</span></p> <p><span class="cls0">5. "Farmed cervidae facility" means any private or public premises that contain one or more privately owned cervidae and the privately owned cervidae are not removed from the premises through hunting;&nbsp;</span></p> <p><span class="cls0">6. "Native cervidae" means any and all cervidae that are indigenous to Oklahoma or are living in a state of nature;&nbsp;</span></p> <p><span class="cls0">7. "Noncommercial" means to manage for personal enjoyment and personal use;&nbsp;</span></p> <p><span class="cls0">8. "Operator" means the person who performs the daily farmed cervidae management functions;&nbsp;</span></p> <p class="cls10"><span class="cls0">9. "Owner" means a person with legal title to a farmed cervid or herd of farmed cervidae;&nbsp;</span></p> <p><span class="cls0">10. "Premises" means the ground, area, buildings, water source and equipment commonly shared by a herd of cervidae; and&nbsp;</span></p> <p><span class="cls0">11. "Proof of ownership" means an inspection certificate of sale from a licensed public livestock market showing individual identification, a bill of sale, a certificate of sale, court orders, a statement that the cervidae was born from animals owned by the seller, or any other document the Department deems acceptable.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 138, &sect; 2, eff. Nov. 1, 2006. Amended by Laws 2010, c. 360, &sect; 1, eff. July 1, 2010; Laws 2011, c. 298, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-503. Authority to enter premises or mode of transportation &ndash; Commercial hunting facilities &ndash; Rules &ndash; Powers of Department.&nbsp;</span></p> <p><span class="cls0">A. Authorized agents of the Oklahoma Department of Agriculture, Food, and Forestry shall have the authority to enter any premises or mode of transportation as authorized pursuant to Section 2-14 of this title for the purpose of implementing or enforcing the Oklahoma Farmed Cervidae Act, or rules promulgated pursuant thereto.&nbsp;</span></p> <p><span class="cls0">B. Authorized agents of the Department of Wildlife Conservation shall have the authority to enter and inspect any premises pursuant to Section 3-201 of Title 29 of the Oklahoma Statutes for the purpose of implementing and enforcing the Oklahoma Wildlife Conservation Code or rules promulgated pursuant thereto.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Farmed Cervidae Act shall not apply to the regulation of facilities owned and operated for the purpose of commercial hunting of farmed or captive-bred cervidae. Commercial hunting facilities shall remain under the jurisdiction of the Department of Wildlife Conservation. &nbsp;</span></p> <p><span class="cls0">D. The State Board of Agriculture 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 Farmed Cervidae Act, including the establishment of fees. All fees shall be fair and equitable to all parties concerned. Rules shall be promulgated pursuant to the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">E. The Oklahoma Department of Agriculture, Food, and Forestry shall have the authority to:&nbsp;</span></p> <p><span class="cls0">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 Farmed Cervidae Act;&nbsp;</span></p> <p><span class="cls0">2. Issue entry or import permits to any person transporting farmed cervidae into this state;&nbsp;</span></p> <p><span class="cls0">3. Investigate complaints and violations of the Oklahoma Farmed Cervidae Act;&nbsp;</span></p> <p><span class="cls0">4. Issue quarantines, initiate control measures, confiscate, and destroy farmed cervidae that present a danger to native cervidae, other animals, or to the public safety or welfare; &nbsp;</span></p> <p><span class="cls0">5. Negotiate reciprocal agreements with the federal government or any state, or any department or agency of either; and&nbsp;</span></p> <p><span class="cls0">6. Exercise all incidental powers as necessary and proper to implement and enforce the provisions of the Oklahoma Farmed Cervidae Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 138, &sect; 3, eff. Nov. 1, 2006. Amended by Laws 2012, c. 191, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-504. Farmed cervidae facility license.&nbsp;</span></p> <p><span class="cls0">A. No person shall breed, possess, or raise cervidae for commercial or noncommercial purposes without first obtaining a farmed cervidae facility license from the Oklahoma Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">B. The Department may issue a farmed cervidae facility license to any person that lawfully obtains cervidae, acts in good faith, and adheres to the laws and rules of the state, including the provisions of the Oklahoma Farmed Cervidae Act. Nothing in this section shall prevent the Department from issuing a license to persons the Department deems have obtained cervidae from a legal source, acted in good faith, and failed to recognize a license was required.&nbsp;</span></p> <p><span class="cls0">C. All persons issued a farmed cervidae license shall abide by all provisions of the Oklahoma Farmed Cervidae Act. An initial application for a farmed cervidae facility license shall contain the following:&nbsp;</span></p> <p><span class="cls0">1. Name, address, and telephone number of the owner;&nbsp;</span></p> <p><span class="cls0">2. Name, address, and telephone number of the operator, if different from the owner;&nbsp;</span></p> <p><span class="cls0">3. Name, address, and telephone number of the primary contact;&nbsp;</span></p> <p><span class="cls0">4. Farm name, facility address, and facility telephone number;&nbsp;</span></p> <p><span class="cls0">5. Name, address and telephone number of the location where records are kept;&nbsp;</span></p> <p><span class="cls0">6. Specific legal description of the facility to the nearest quarter section;&nbsp;</span></p> <p><span class="cls0">7. A map showing topography of the area with a diagram of the facility structures, fencing plan, and perimeter clearly marked;&nbsp;</span></p> <p><span class="cls0">8. Whether the applicant has been convicted of a felony, misdemeanor, administrative, or civil violation of any natural resources requirements, including but not limited to wildlife, forestry, fisheries, environment, or animal health within the past three (3) years in the state or any other jurisdiction;&nbsp;</span></p> <p><span class="cls0">9. Whether the property where the farmed cervidae facility is located is owned or leased;&nbsp;</span></p> <p><span class="cls0">10. An initial inventory of the farmed cervidae, including their ages, breed and species, and a minimum of one form of official individual identification approved by the Department;&nbsp;</span></p> <p><span class="cls0">11. Method of carcass disposal for the facility;&nbsp;</span></p> <p><span class="cls0">12. Driving directions from the nearest town;&nbsp;</span></p> <p><span class="cls0">13. A list of each name the farmed cervidae facility operates under; and&nbsp;</span></p> <p><span class="cls0">14. Signature under oath: "I certify under penalty of law this document, all attachments, and information submitted are to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for knowingly submitting false, inaccurate, or incomplete information, including the possibility of fines for each violation."&nbsp;</span></p> <p><span class="cls0">D. Using information from the application and from the state&rsquo;s files, the Department shall determine:&nbsp;</span></p> <p><span class="cls0">1. The accuracy of all materials in the application; and&nbsp;</span></p> <p><span class="cls0">2. Whether the applicant can reasonably be expected to comply with all legal requirements of the license.&nbsp;</span></p> <p><span class="cls0">E. The Department shall not issue a farmed cervidae facility license if the facility is not inspected by the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 138, &sect; 4, eff. Nov. 1, 2006. Amended by Laws 2010, c. 360, &sect; 2, eff. July 1, 2010.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-505. Application and licensing process, rules &ndash; Application form &ndash; Confinement of farmed cervidae - Inspections - Export of cervidae.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Department of Agriculture, Food, and Forestry shall promulgate rules regarding the application and licensing process, including but not limited to:&nbsp;</span></p> <p><span class="cls0">1. The expiration date of a farmed cervidae facility license:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the license shall expire on June 30 of each calendar year, and the renewal application shall be submitted no later than April 1 of each calendar year,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;any renewal application received or postmarked after the renewal date shall be subject to a ten-percent penalty in addition to the renewal fee,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;in addition to the renewal application containing all information from the initial license application other than the information requirements of paragraphs 6, 7 and 8 of subsection C of Section 6-504 of this title, the licensee shall submit a signed, complete, accurate, and legible form with the following information:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;the annual report containing all inventory information for all cervidae one (1) year of age or older, unless the facility is a Chronic Wasting Disease monitored herd with a current Chronic Wasting Disease inventory on file with the Department,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;any changes to the facility or change in status of convictions as required by paragraph 8 of subsection C of Section 6-504 of this title since the last renewal or original license application, including, but not limited to:&nbsp;</span></p> <p class="cls8"><span class="cls0">(a)&nbsp;&nbsp;changes in contact information, and&nbsp;</span></p> <p class="cls8"><span class="cls0">(b)&nbsp;&nbsp;changes in perimeter fences, including attaching an updated facility map indicating any expansion, change in facility perimeter, or any additional fencing, and&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;failure to renew a license by the expiration date shall result in the facility being quarantined until an administrative hearing can be conducted. The failure may result in revocation of the license, loss of the facility number, closure of the facility, and removal of the cervidae from the premises;&nbsp;</span></p> <p><span class="cls0">2. Fees for farmed cervidae facility licenses and all renewals;&nbsp;</span></p> <p><span class="cls0">3. Procedures for the transfer of ownership:&nbsp;</span></p> <p class="cls11"><span class="cls0">a.&nbsp;&nbsp;the new owner or operator shall submit to the Department a transfer application, attaching any change of conditions resulting from the transfer of ownership or operation,&nbsp;</span></p> <p class="cls11"><span class="cls0">b.&nbsp;&nbsp;after receipt of the information required, the Department shall review the information, and within thirty (30) days, issue approval or denial of the transfer. Transfer of a license shall be denied only if the new owner or operator cannot comply with the requirements of transfer, and&nbsp;</span></p> <p class="cls11"><span class="cls0">c.&nbsp;&nbsp;if a transfer is denied, written notification of the denial and an opportunity for an administrative hearing on the denial shall be given to the applicant for a transfer license by the Department. The notification shall set forth the reasons for the denial, steps necessary to meet the requirements for a transfer license and the opportunity for the applicant to request an administrative hearing;&nbsp;</span></p> <p><span class="cls0">4. Recordkeeping requirements:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;all required records shall be kept by the owner or operator for a maximum of three (3) years, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the following records shall be maintained at the facility:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;records of all cervidae sold, killed, given away, transported, or shipped from a farmed cervidae facility,&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;proof that the cervidae are from a legal source and records kept and animals marked to identify individual animals,&nbsp;</span></p> <p class="cls5"><span class="cls0">(3)&nbsp;&nbsp;the Chronic Wasting Disease inventory or an inventory of cervidae one (1) year of age or older containing the following information:&nbsp;</span></p> <p class="cls8"><span class="cls0">(a)&nbsp;&nbsp;name and address of the farmed cervidae facility, the owner, and the operator,&nbsp;</span></p> <p class="cls8"><span class="cls0">(b)&nbsp;&nbsp;a listing of any and all identification numbers assigned to the cervidae by the owner or operator and any other official entity using either any official identification approved by the Department or United States Department of Agriculture alphanumeric test tag number or official Canadian alphanumeric test tag number, if applicable,&nbsp;</span></p> <p class="cls8"><span class="cls0">(c)&nbsp;&nbsp;age,&nbsp;</span></p> <p class="cls8"><span class="cls0">(d)&nbsp;&nbsp;sex,&nbsp;</span></p> <p class="cls8"><span class="cls0">(e)&nbsp;&nbsp;date of purchase,&nbsp;</span></p> <p class="cls8"><span class="cls0">(f)&nbsp;&nbsp;date of death or date of change of ownership,&nbsp;</span></p> <p class="cls8"><span class="cls0">(g)&nbsp;&nbsp;any cervidae born at the facility that are one (1) year of age or older shall be shown on the inventory record, or upon sale or transfer of ownership or upon leaving the facility, whichever comes first, and&nbsp;</span></p> <p class="cls8"><span class="cls0">(h)&nbsp;&nbsp;date the inventory was completed, and&nbsp;</span></p> <p class="cls5"><span class="cls0">(4)&nbsp;&nbsp;herd and individual animal health documents, including, but not limited to, the Certificate of Veterinary Inspection and test results;&nbsp;</span></p> <p><span class="cls0">5. Importation requirements:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;import of cervidae originating in any county or Canadian province where Chronic Wasting Disease exists in free-ranging native herds shall be prohibited,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;all other cervidae imports shall only be from a source herd that is in a Chronic Wasting Disease surveillance and certification program for a minimum of five (5) years monitored and the program meets the standards of cervidae importation into Oklahoma,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;import of cervidae shall be accompanied by a Certificate of Veterinary Inspection and an approved Cervidae Import Permit, and&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;import of cervidae shall follow all other disease testing required by the Oklahoma Statutes or rules promulgated by the Department;&nbsp;</span></p> <p><span class="cls0">6. Animal identification requirements;&nbsp;</span></p> <p><span class="cls0">7. Fencing requirements and limits on the size of licensed facilities, including:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the owner or operator shall ensure that farmed cervidae are confined to the lands described in the application,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the perimeter of each farmed cervidae facility shall be an eight-foot game or high tensile fence designed in a manner to prevent ingress and egress of cervidae,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;damage caused to a farmed cervidae facility perimeter fence by a natural disaster shall not constitute a violation so long as the owner or operator begins any necessary repairs immediately upon discovery, acts expeditiously in the opinion of the Department to complete any necessary repairs, and reports the extent and cause of any damage to the Department within two (2) working days of discovery,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;the owner or operator shall notify the Department within two (2) working days of discovery of any wild cervidae within the farmed cervidae facility,&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;the owner or operator shall provide each farmed cervidae with adequate water, adequate feed, and appropriate natural or manmade shelter, and&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;facility size shall be limited to the largest practicable area to ensure no native or wild cervidae are within the confines of the facility. Limitations on facility size may include but not be limited to geography and topography of the property; and&nbsp;</span></p> <p><span class="cls0">8. Flushing procedures prepared with the input from the Department of Wildlife Conservation to ensure no native cervidae remain in a newly established licensed enclosure.&nbsp;</span></p> <p><span class="cls0">B. Any application for a farmed cervidae license shall be on a form prescribed by the Oklahoma Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">C. All farmed cervidae shall be confined to the lands described in the application for a specific facility and in a manner to prohibit:&nbsp;</span></p> <p><span class="cls0">1. Native cervidae from becoming part of a licensed farmed cervidae facility; and&nbsp;</span></p> <p><span class="cls0">2. Farmed cervidae from commingling with native cervidae.&nbsp;</span></p> <p><span class="cls0">D. When practicable the initial or annual inspection shall be coordinated with the owner or operator. In no case shall access by the Department be restricted in the event coordination does not occur.&nbsp;</span></p> <p><span class="cls0">E. The Department and the Department of Wildlife Conservation may coordinate and conduct inspections or investigations jointly.&nbsp;</span></p> <p><span class="cls0">F. Export of cervidae originating in any Oklahoma county where Chronic Wasting Disease exists in free-ranging native herds shall be allowed if exported from a monitored facility that is not quarantined.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 138, &sect; 5, eff. Nov. 1, 2006. Amended by Laws 2010, c. 360, &sect; 3, eff. July 1, 2010; Laws 2011, c. 298, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-506. Escaped farmed cervidae.&nbsp;</span></p> <p><span class="cls0">A. An owner or operator shall ensure farmed cervidae do not run at large and shall take all reasonable efforts to return any escaped farmed cervidae to their enclosures as soon as possible.&nbsp;</span></p> <p><span class="cls0">B. The owner or operator shall immediately notify the Oklahoma Department of Agriculture, Food, and Forestry and the local game warden of the Department of Wildlife Conservation if farmed cervidae escape.&nbsp;</span></p> <p><span class="cls0">C. If an owner or operator is unwilling or unable to capture escaped farmed cervidae, the Department of Wildlife Conservation has the authority to destroy the escaped farmed cervidae.&nbsp;</span></p> <p class="cls10"><span class="cls0">D. Any farmed cervidae that escape from a farmed cervidae facility and are taken by a licensed hunter in a manner that complies with the Oklahoma Wildlife Conservation Code shall be considered a legal taking and neither the licensed hunter, the state, nor any state agency shall be liable to the owner for taking the escaped farmed cervidae.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 138, &sect; 6, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-507. Violations of act - Transportation of live cervidae.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful and a violation of the Oklahoma Farmed Cervidae Act for any person:&nbsp;</span></p> <p><span class="cls0">1. To refuse an inspection authorized by the Oklahoma Farmed Cervidae Act;&nbsp;</span></p> <p><span class="cls0">2. To commingle or integrate any native cervidae into a farmed cervidae herd;&nbsp;</span></p> <p><span class="cls0">3. To intentionally commingle or integrate any farmed cervidae with native cervidae;&nbsp;</span></p> <p><span class="cls0">4. To fail to maintain records as required by law;&nbsp;</span></p> <p><span class="cls0">5. To fail to maintain fencing as required by law;&nbsp;</span></p> <p><span class="cls0">6. To fail to pay any fee, fine, or penalty as required and established pursuant to the Oklahoma Farmed Cervidae Act;&nbsp;</span></p> <p><span class="cls0">7. To fail to comply with any State Board of Agriculture order; or&nbsp;</span></p> <p><span class="cls0">8. To violate any provision of the Oklahoma Farmed Cervidae Act.&nbsp;</span></p> <p><span class="cls0">B. No person shall transport live cervidae into or through Oklahoma unless the cervidae originate from a state that allows transport of live cervidae from Oklahoma into or through that state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 138, &sect; 7, eff. Nov. 1, 2006. Amended by Laws 2012, c. 191, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-508. Slaughter of farmed cervidae &ndash; Disposition of hides or antlers.&nbsp;</span></p> <p><span class="cls0">A. Owners and operators of licensed farmed cervidae facilities may slaughter farmed cervidae at any time throughout the year pursuant to the Exotic Livestock and Exotic Livestock Products Inspection Act.&nbsp;</span></p> <p class="cls10"><span class="cls0">B. An owner or operator may slaughter their own farmed cervidae for personal or noncommercial consumption.&nbsp;</span></p> <p class="cls10"><span class="cls0">C. Owners and operators of licensed farmed or commercial cervidae facilities may sell, use, or dispose of hides or antlers from slaughtered farmed cervidae, provided they comply with all requirements in rules promulgated by the State Board of Agriculture with input from the Department of Wildlife Conservation.&nbsp;</span></p> <p class="cls10"><span class="cls0">D. An owner or operator shall only sell or dispose of antlers with attached skull plates in the following circumstances:&nbsp;</span></p> <p class="cls10"><span class="cls0">1. Each set of antlers shall be individually identified with sufficient documentation linking it to the farmed or commercial cervidae facility, including, but not limited to, photographs, lock-on identification tags, DNA testing, or other proof of ownership;&nbsp;</span></p> <p class="cls10"><span class="cls0">2. In no case shall an owner or operator sell or dispose of antlers without appropriate documentation; and&nbsp;</span></p> <p class="cls10"><span class="cls0">3. The owner or operator shall provide a copy of all appropriate documentation to the purchaser or recipient at the time of sale or disposal.&nbsp;</span></p> <p class="cls10"><span class="cls0">E. The sale or disposal of antler sheds or antlers that are attached to the skull plate shall not be restricted.&nbsp;</span></p> <p class="cls10"><span class="cls0">F. Facilities shall comply with all carcass disposal requirements. The following methods may be used for disposal of carcasses from a farmed cervidae facility:&nbsp;</span></p> <p class="cls10"><span class="cls0">1. Rendering;&nbsp;</span></p> <p class="cls10"><span class="cls0">2. Landfill;&nbsp;</span></p> <p class="cls10"><span class="cls0">3. Burial;&nbsp;</span></p> <p class="cls10"><span class="cls0">4. Incineration; or&nbsp;</span></p> <p class="cls10"><span class="cls0">5. Composting.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 138, &sect; 8, eff. Nov. 1, 2006. Amended by Laws 2010, c. 360, &sect; 4, eff. July 1, 2010.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-509. Administrative or criminal penalty, assessment &ndash; Cancellation or revocation of registration, permit, certificate, license, identification, or order &ndash; Violations of Wildlife Conservation Code.&nbsp;</span></p> <p><span class="cls0">A. The assessment of an administrative or criminal penalty for violations of the Oklahoma Farmed Cervidae Act shall be pursuant to Section 2-18 of Title 2 of the Oklahoma Statutes.&nbsp;</span></p> <p class="cls10"><span class="cls0">B. Any person with a registration, permit, certificate, license, identification, or order that is canceled or revoked by the Oklahoma Department of Agriculture, Food, and Forestry shall be prohibited from obtaining a new registration, permit, certificate, license, identification, or order until after the date the canceled or revoked registration, permit, certificate, license, identification, or order would have expired.&nbsp;</span></p> <p><span class="cls0">C. Any person that violates the provisions of the Oklahoma Wildlife Conservation Code contained in Title 29 of the Oklahoma Statutes shall be subject to the administrative and criminal provisions contained in the Oklahoma Wildlife Conservation Code.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 138, &sect; 9, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-510. Emergency orders - Compliance &ndash; Hearings &ndash; Review of order, priority.&nbsp;</span></p> <p class="cls12"><span class="cls0">A. Whenever the State Veterinarian finds that an emergency exists requiring immediate action to protect the public health or welfare or to protect farmed or native cervidae from any animal disease or pest, the State Veterinarian may without notice or hearing issue an order that shall be effective upon issuance, reciting the existence of an emergency and requiring that immediate action be taken to meet the emergency.&nbsp;</span></p> <p><span class="cls0">B. Any person to whom an emergency order is directed shall comply immediately but may request an administrative enforcement hearing within fifteen (15) days after the order is served.&nbsp;</span></p> <p><span class="cls0">C. The administrative enforcement hearing shall be held by the Oklahoma Department of Agriculture, Food, and Forestry within ten (10) working days after receipt of the request.&nbsp;</span></p> <p><span class="cls0">D. With the input of the Department of Wildlife Conservation, the State Board of Agriculture shall affirm, revoke, or modify the emergency order based on the hearing record.&nbsp;</span></p> <p><span class="cls0">E. Any person aggrieved by the final order may, pursuant to the Administrative Procedures Act, petition for a judicial review of the final order.&nbsp;</span></p> <p><span class="cls0">F. The appeal when docketed shall have priority over all cases pending on the docket, other than criminal.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 138, &sect; 10, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-6-511. Wrongfully injure - Farmed carvidae facility - Remove from premises.&nbsp;</span></p> <p><span class="cls0">A. No person shall wrongfully injure any cervidae upon the premises of a farmed cervidae facility that is licensed pursuant to Section 6-504 of Title 2 of the Oklahoma Statutes or wrongfully remove any cervidae from the premises of a farmed cervidae facility that is licensed pursuant to Section 6-504 of Title 2 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. Any violation of the provision of subsection A of this section shall be deemed a misdemeanor and, upon conviction thereof, shall be punishable by a fine not less than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail for a period not exceeding one (1) year, or by both such fine and imprisonment. In addition, any person violating the provisions of subsection A of this section shall be liable for damages of not less than three times nor more than ten times such a sum as would compensate for the actual detriment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 458, &sect; 1, emerg. eff. June 2, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-512. Prelicensing inspection.&nbsp;</span></p> <p><span class="cls0">A. After the initial prelicensing inspection, each premise shall be inspected at least once every other year unless there is a change in ownership or change in facilities.&nbsp;</span></p> <p><span class="cls0">B. The following prelicensing inspections shall occur:&nbsp;</span></p> <p><span class="cls0">1. Upon submission of a complete application, the Department of Agriculture, Food, and Forestry shall schedule an on-site meeting and inspection to review the facility;&nbsp;</span></p> <p><span class="cls0">2. The Department shall review the location of the facility, including breeding-pen fencing, gates, feed bunkers, shelter, carcass disposal areas, and any other facilities for the location;&nbsp;</span></p> <p><span class="cls0">3. The Department may request appropriate changes to the facility design;&nbsp;</span></p> <p><span class="cls0">4. In no case shall a license for a farmed cervidae facility be granted unless the Department has conducted a prelicensing inspection and the Department has approved the facility based on that inspection; and&nbsp;</span></p> <p><span class="cls0">5. The license shall be revoked for any facility that does not construct or operate the facility in accordance with the approved prelicensing inspection.&nbsp;</span></p> <p><span class="cls0">C. All new facilities shall be inspected within ninety (90) calendar days prior to issuing a new license.&nbsp;</span></p> <p><span class="cls0">D. It is the responsibility of the owner or operator to arrange the appropriate inspection and the Department shall be given adequate time to respond to the request for the initial inspection.&nbsp;</span></p> <p><span class="cls0">E. Authorized agents of the Oklahoma Department of Wildlife Conservation shall have the authority to enter and inspect any premises pursuant to Section 3-201 of Title 29 of the Oklahoma Statutes for the purpose of implementing and enforcing the Oklahoma Wildlife Conservation Code.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 360, &sect; 5, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-513. Written complaint procedures.&nbsp;</span></p> <p><span class="cls0">A. Upon receipt of a written complaint, the Department of Agriculture, Food, and Forestry shall notify the person filing the complaint in writing of its receipt and status within five (5) working days. The party whom the complaint is filed against, if known, shall be notified within five (5) working days. The resolution of a complaint is the completion of the appropriate administrative, jurisdictional, and legal remedies to the extent possible by the Department. The complainant and owner shall be notified in writing within seven (7) working days after resolution of the complaint.&nbsp;</span></p> <p><span class="cls0">B. The Department may initiate an investigation at any time.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 360, &sect; 6, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-514. Denial, revocation, cancelation, or suspension of license.&nbsp;</span></p> <p><span class="cls0">A. The license of any owner or operator may be revoked if it is determined at an administrative hearing that the owner or operator has violated any provision of the Oklahoma Farmed Cervidae Act.&nbsp;</span></p> <p><span class="cls0">B. In the event a license is denied, revoked, cancelled, or suspended, the owner or operator is not eligible to reapply until after the date the license would have expired.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 360, &sect; 7, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-515. Disposal of cervidae - Cleaning of premises.&nbsp;</span></p> <p><span class="cls0">A. Upon expiration of a license, the owner or operator may take up to one hundred twenty (120) days to dispose of all cervidae at the facility.&nbsp;</span></p> <p><span class="cls0">B. In no case shall the farmed cervidae be released into the wild.&nbsp;</span></p> <p><span class="cls0">C. Cleaning and disinfection of the premises shall be completed immediately upon closure of the facility in circumstances of disease if required by the Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 360, &sect; 8, eff. July 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-601. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Feral Swine Control Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-602. Purpose.&nbsp;</span></p> <p><span class="cls0">The purpose of the Feral Swine Control Act is to provide aggressive measures to reduce the number of feral swine in Oklahoma. Feral swine are a nonnative invasive species in Oklahoma that are detrimental to the natural resources of Oklahoma and agriculture production, and a disease risk. As the feral swine population increases, the citizens of Oklahoma continue to see increased damage to crops, livestock, and wildlife habitat. As carriers of diseases like brucellosis, pseudorabies, tuberculosis, anthrax, and trichinosis, feral swine pose an increasing health risk to humans, livestock, companion animals, pets, and native wildlife.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-603. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Feral Swine Control Act:&nbsp;</span></p> <p><span class="cls0">1. "Daylight" means the period of time beginning when the sun rises and ending when the sun sets;&nbsp;</span></p> <p><span class="cls0">2. "Feral swine" means any hog, pig, or swine species (Sus scrofa) including, but not limited to, Russian and European wild boar that are running at large, free roaming, or wild upon public or private lands in this state;&nbsp;</span></p> <p><span class="cls0">3. "Owner" means any person with title to the real property or a person that has obtained a right to the possession and use of a certain space, property, or subsurface right for a definite period of time through a contractual lease. In the event a person is permitted to come upon the real property to perform some specific act including, but not limited to, hunting, removing feral swine, or fishing, that person has no "lease" but only a "license" to do that act;&nbsp;</span></p> <p><span class="cls0">4. "Remove" means to change the location of, eliminate, or attempt to eliminate feral swine by a variety of methods including, but not limited to, hunting, killing, taking, trapping, and catching; and&nbsp;</span></p> <p><span class="cls0">5. "Judas pig tagging system" means a population control technique where a radio-collared feral swine is released into a control area and, after a sufficient period to allow it to join other feral swine, it is tracked down and all swine associated with the collared swine are removed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 3, eff. Nov. 1, 2007. Amended by Laws 2012, c. 32, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-604. Removal of feral swine during day authorized - Killing of feral swine at night, permit required.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise specified in the Feral Swine Control Act, any person with permission of the owner may remove feral swine from private or public property during daylight hours.&nbsp;</span></p> <p><span class="cls0">B. Any person who intends to kill or attempt to kill feral swine at night shall obtain a permit issued by the Department of Wildlife Conservation pursuant to Section 4-135 of Title 29 of the Oklahoma Statutes and promulgated rules.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 4, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-605. Killing of feral swine during certain deer hunting seasons, permit required - License required - Exemption.&nbsp;</span></p> <p><span class="cls0">A. During designated deer hunting seasons for primitive firearms and guns as specified in rules promulgated by the Department of Wildlife Conservation, an owner of private property shall not kill or attempt to kill feral swine during daylight hours that is damaging the property of the owner without first obtaining a special permit from the local game warden or other authorized employee of the Department of Wildlife Conservation. The special permit shall allow the owner and one person of lineal or collateral descent to kill feral swine on the property of the owner. The special permit shall be provided at no cost.&nbsp;</span></p> <p><span class="cls0">B. All other persons shall be required to obtain licenses and tags as required by the Oklahoma Wildlife Conservation Code and rules promulgated thereto.&nbsp;</span></p> <p><span class="cls0">C. Any person with a valid license to hunt deer is exempt from the requirements of this section during the appropriate licensed season.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 5, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-606. Taking and removal of feral swine.&nbsp;</span></p> <p><span class="cls0">A. Feral swine may be taken on lands owned or managed by the Department of Wildlife Conservation in accordance with rules promulgated thereto. &nbsp;</span></p> <p><span class="cls0">B. No person whose hunting license is revoked may remove feral swine during the time the license is revoked.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 6, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-607. Rules.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Agriculture 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 Feral Swine Control Act.&nbsp;</span></p> <p><span class="cls0">B. Rules shall be promulgated pursuant to the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 7, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-608. Importation - USDA permit - Slaughter following positive test results.&nbsp;</span></p> <p><span class="cls0">A. No person shall import live feral swine into this state unless the live feral swine are going directly to a slaughter facility in a sealed trailer and accompanied by a USDA vs 1-27 permit for the movement of restricted animals.&nbsp;</span></p> <p><span class="cls0">B. All feral swine in this state that test positive for brucellosis or pseudorabies shall be immediately sent directly to slaughter or slaughtered on the premises pursuant to an order issued by the State Veterinarian.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 8, eff. Nov. 1, 2007. Amended by Laws 2012, c. 28, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-609. Rules for testing and intrastate movement - Transporter license - Transportation to authorized locations.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Agriculture shall promulgate rules for the testing and intrastate movement of live feral swine.&nbsp;</span></p> <p><span class="cls0">B. All persons that transport live feral swine in this state shall be required to obtain a transporter license from the Oklahoma Department of Agriculture, Food, and Forestry.&nbsp;</span></p> <p><span class="cls0">C. Live feral swine shall only be transported to the following:&nbsp;</span></p> <p><span class="cls0">1. A licensed sporting facility;&nbsp;</span></p> <p><span class="cls0">2. A licensed handling facility;&nbsp;</span></p> <p><span class="cls0">3. Directly to an approved slaughter facility; or&nbsp;</span></p> <p><span class="cls0">4. Pursuant to an order issued by the State Veterinarian.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 9, eff. Nov. 1, 2007. Amended by Laws 2012, c. 28, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-610. Violations of act &ndash; Penalties.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful and a violation of the Feral Swine Control Act for any person:&nbsp;</span></p> <p><span class="cls0">1. To refuse an inspection;&nbsp;</span></p> <p><span class="cls0">2. To fail to comply with importation, testing, permitting, licensing, or transportation requirements;&nbsp;</span></p> <p><span class="cls0">3. To fail to pay any fee, administrative fine, or penalty;&nbsp;</span></p> <p><span class="cls0">4. To fail to comply with any Oklahoma Department of Agriculture, Food, and Forestry order; or&nbsp;</span></p> <p><span class="cls0">5. To violate any provision of the Oklahoma Feral Swine Control Act, Oklahoma Agricultural Code, or Oklahoma Wildlife Conservation Code.&nbsp;</span></p> <p><span class="cls0">B. Any person that violates the Feral Swine Control Act shall be assessed a penalty or an administrative fine pursuant to Section 2-18 of Title 2 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 10, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-611. Intentional or knowing release - Knowing or intentional violation of requirements - Penalties.&nbsp;</span></p> <p><span class="cls0">A. No person shall intentionally or knowingly release or engage in, sponsor, instigate, assist, or profit from the release of any hog, boar, swine, or pig to live in a wild or feral state upon public or private lands, except for:&nbsp;</span></p> <p><span class="cls0">1. Release into a licensed sporting facility pursuant to the Feral Swine Control Act; or&nbsp;</span></p> <p><span class="cls0">2. When utilizing the Judas pig tagging system, release onto the same private land on which a feral hog was trapped or caught. In order to come under the release authorization of this paragraph, the release must occur within twenty-four (24) hours of the capture of the hog.&nbsp;</span></p> <p><span class="cls0">B. No person shall knowingly or intentionally violate the importation, testing, permitting, licensing, and transportation requirements contained in the Feral Swine Control Act and rules promulgated thereto.&nbsp;</span></p> <p><span class="cls0">C. Any person violating the provisions of this section is guilty of a felony and subject to a maximum punishment of two (2) years in prison, a fine of Two Thousand Dollars ($2,000.00), or both fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 11, eff. Nov. 1, 2007. Amended by Laws 2012, c. 32, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-612. Restraint by owner - Damages recoverable.&nbsp;</span></p> <p><span class="cls0">All feral swine shall be restrained by the owner at all times and seasons of the year from running at large in this state. Any damages caused by feral swine trespassing upon lands of another shall be recovered in any manner provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 5, &sect; 12, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-613. Ownership of feral swine.&nbsp;</span></p> <p><span class="cls0">A person shall not be considered the owner of a feral swine if, within a twenty-four-hour period, the person catches, tags, and releases the feral swine in the same location that it was caught.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 32, &sect; 3, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-6-614. Legislative encouragement of Judas pig tagging system.&nbsp;</span></p> <p><span class="cls0">Recognizing the success of other states, like Mississippi and New Mexico, utilizing the Judas pig tagging system, the Legislature encourages using the Judas pig tagging system as an effective technique of hunting and controlling the feral swine population.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 32, &sect; 4, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-7-1.1. Repealed by Laws 2007, c. 93, &sect; 4, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;2-7-10. Dairy compact law &ndash; Southern Dairy Compact &ndash; Oklahoma's participation.&nbsp;</span></p> <p><span class="cls0">DAIRY COMPACT LAW&nbsp;</span></p> <p><span class="cls0">Southern Dairy Compact; Oklahoma's participation&nbsp;</span></p> <p><span class="cls0">The Southern Dairy Compact, the full text of which is hereinafter set forth and confirmed by the Oklahoma Legislature, is hereby entered into on behalf of the State of Oklahoma. The compact shall become effective when enacted into law by at least two other states within the compact group of states and when the consent of Congress has been obtained. The full text of said compact is as follows:&nbsp;</span></p> <p><span class="cls0">SOUTHERN DAIRY COMPACT&nbsp;</span></p> <p><span class="cls0">ARTICLE I. STATEMENT OF PURPOSE, FINDINGS AND DECLARATION OF POLICY&nbsp;</span></p> <p><span class="cls0">&sect;1. Statement of purpose, findings and declaration of policy&nbsp;</span></p> <p><span class="cls0">The purpose of this compact is to recognize the interstate character of the southern dairy industry and the prerogative of the states under the United States Constitution to form an interstate commission for the southern region. The mission of the commission is to take such steps as are necessary to assure the continued viability of dairy farming in the south and to assure consumers of an adequate, local supply of pure and wholesome milk.&nbsp;</span></p> <p><span class="cls0">The participating states find and declare that the dairy industry is an essential agricultural activity of the south. Dairy farms and associated suppliers, marketers, processors and retailers are an integral component of the region's economy. Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region.&nbsp;</span></p> <p><span class="cls0">The participating states further find that dairy farms are essential and they are an integral part of the region's rural communities. The farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities.&nbsp;</span></p> <p><span class="cls0">In establishing their constitutional regulatory authority over the region's fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the federal order system nor encourage the merging of federal orders. Specific provisions of the compact itself set forth this basic principle.&nbsp;</span></p> <p><span class="cls0">Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the federal order system be discontinued. In that event, the interstate commission is authorized to regulate the marketplace in replacement of the order system. This contingent authority does not anticipate such a change, however, and should not be so construed. It is provided should developments in the market other than establishment of this compact result in discontinuance of the order system.&nbsp;</span></p> <p><span class="cls0">By entering into this compact, the participating states affirm that their ability to regulate the price which southern dairy farmers receive for their product is essential to the public interest. Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the southern dairy industry, with all the associated benefits.&nbsp;</span></p> <p><span class="cls0">Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the southern dairy region. Historically, individual state regulatory action had been an effective emergency remedy available to farmers confronting a distressed market. The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices paid to producers for raw milk, without preempting the power of states to regulate milk prices above the minimum levels so established.&nbsp;</span></p> <p><span class="cls0">In today's regional dairy marketplace, cooperative, rather than individual, state action is needed to more effectively address the market disarray. Under our constitutional system, properly authorized states acting cooperatively may exercise more power to regulate interstate commerce than they may assert individually without such authority. For this reason, the participating states invoke their authority to act in common agreement, with the consent of Congress, under the compact clause of the Constitution.&nbsp;</span></p> <p><span class="cls0">ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION&nbsp;</span></p> <p><span class="cls0">&sect;2. Definitions&nbsp;</span></p> <p><span class="cls0">For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:&nbsp;</span></p> <p><span class="cls0">(1) "Class I milk" means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subdivision (b) of section three of this compact.&nbsp;</span></p> <p><span class="cls0">(2) "Commission" means the Southern Dairy Compact Commission established by this compact.&nbsp;</span></p> <p><span class="cls0">(3) "Commission marketing order" means regulations adopted by the commission pursuant to this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. Such order may establish minimum prices for any or all classes of milk.&nbsp;</span></p> <p><span class="cls0">(4) "Compact" means this interstate compact.&nbsp;</span></p> <p><span class="cls0">(5) "Compact over-order price" means a minimum price required to be paid to producers for Class I milk established by the commission in regulations adopted pursuant to this compact, which is above the price established in federal marketing orders or by state farm price regulations in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission.&nbsp;</span></p> <p><span class="cls0">(6) "Milk" means the lacteral secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the commission for regulatory purposes.&nbsp;</span></p> <p><span class="cls0">(7) "Partially regulated plant" means a milk plant not located in a regulated area but having Class I distribution within such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein.&nbsp;</span></p> <p><span class="cls0">(8) "Participating state" means a state which has become a party to this compact by the enactment of concurring legislation.&nbsp;</span></p> <p><span class="cls0">(9) "Pool plant" means any milk plant located in a regulated area.&nbsp;</span></p> <p><span class="cls0">(10) "Region" means the territorial limits of the states which are parties to this compact.&nbsp;</span></p> <p><span class="cls0">(11) "Regulated area" means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order.&nbsp;</span></p> <p><span class="cls0">(12) "State dairy regulation" means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order or otherwise.&nbsp;</span></p> <p><span class="cls0">&sect;3. Rules of construction&nbsp;</span></p> <p><span class="cls0">(a) This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the commission the option to replace them with one or more commission marketing orders pursuant to this compact.&nbsp;</span></p> <p><span class="cls0">(b) The compact shall be construed liberally in order to achieve the purposes and intent enunciated in section one. It is the intent of this compact to establish a basic structure by which the commission may achieve those purposes through the application, adaptation and development of the regulatory techniques historically associated with milk marketing and to afford the commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes.&nbsp;</span></p> <p><span class="cls0">ARTICLE III. COMMISSION ESTABLISHED&nbsp;</span></p> <p><span class="cls0">&sect;4. Commission established&nbsp;</span></p> <p><span class="cls0">There is hereby created a commission to administer the compact, composed of delegations from each state in the region. The commission shall be known as the Southern Dairy Compact Commission. A delegation shall include not less than three nor more than five persons. Each delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment and one consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in the appointing state. Delegation members shall serve no more than three consecutive terms with no single term of more than four (4) years and be subject to removal for cause. In all other respects, the delegation members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the commission.&nbsp;</span></p> <p><span class="cls0">&sect;5. Voting requirements&nbsp;</span></p> <p><span class="cls0">All actions taken by the commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment or rescission of the commission's bylaws, shall be by majority vote of the delegations present. Each state delegation shall be entitled to one vote in the conduct of the commission's affairs. Establishment or termination of an over-order price or commission marketing order shall require at least a two-thirds (2/3) vote of the delegations present. The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state&rsquo;s delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the commission&rsquo;s business.&nbsp;</span></p> <p><span class="cls0">&sect;6. Administration and management&nbsp;</span></p> <p><span class="cls0">(a) The commission shall elect annually from among the members of the participating state delegations a chairperson, a vice-chairperson, and a treasurer. The commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the commission, and together with the treasurer, shall be bonded in an amount determined by the commission. The commission may establish through its bylaws an executive committee composed of one member elected by each delegation.&nbsp;</span></p> <p><span class="cls0">(b) The commission shall adopt bylaws for the conduct of its business by a two-thirds (2/3) vote, and shall have the power by the same vote to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form with the appropriate agency or officer in each of the participating states. The bylaws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states.&nbsp;</span></p> <p><span class="cls0">(c) The commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture.&nbsp;</span></p> <p><span class="cls0">(d) In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power:&nbsp;</span></p> <p><span class="cls0">(1) To sue and be sued in any state or federal court;&nbsp;</span></p> <p><span class="cls0">(2) To have a seal and alter the same at pleasure;&nbsp;</span></p> <p><span class="cls0">(3) To acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes;&nbsp;</span></p> <p><span class="cls0">(4) To borrow money and issue notes, to provide for the rights of the holders thereof and to pledge the revenue of the commission as security therefor, subject to the provisions of section eighteen of this compact;&nbsp;</span></p> <p><span class="cls0">(5) To appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties and qualifications; and&nbsp;</span></p> <p><span class="cls0">(6) To create and abolish such offices, employments and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The commission may also retain personal services on a contract basis.&nbsp;</span></p> <p><span class="cls0">&sect;7. Rulemaking power&nbsp;</span></p> <p><span class="cls0">In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact.&nbsp;</span></p> <p><span class="cls0">ARTICLE IV. POWERS OF THE COMMISSION&nbsp;</span></p> <p><span class="cls0">&sect;8. Powers to promote regulatory uniformity, simplicity, and interstate cooperation&nbsp;</span></p> <p><span class="cls0">The commission is hereby empowered to:&nbsp;</span></p> <p><span class="cls0">(1) Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region.&nbsp;</span></p> <p><span class="cls0">(2) Study and recommend to the participating states joint or cooperative programs for the administration of the dairy marketing laws and regulations and to prepare estimates of cost savings and benefits of such programs.&nbsp;</span></p> <p><span class="cls0">(3) Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems.&nbsp;</span></p> <p><span class="cls0">(4) Conduct symposia or conferences designed to improve industry relations, or a better understanding of problems.&nbsp;</span></p> <p><span class="cls0">(5) Prepare and release periodic reports on activities and results of the commission&rsquo;s efforts to the participating states.&nbsp;</span></p> <p><span class="cls0">(6) Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve or promote more efficient assembly and distribution of milk.&nbsp;</span></p> <p><span class="cls0">(7) Investigate costs and charges for producing, hauling, handling, processing, distributing, selling and for all other services performed with respect to milk.&nbsp;</span></p> <p><span class="cls0">(8) Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms.&nbsp;</span></p> <p><span class="cls0">&sect;9. Equitable farm prices&nbsp;</span></p> <p><span class="cls0">(a) The powers granted in this section and section ten of this compact shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region. In the event that any or all such orders are terminated, this article shall authorize the commission to establish one or more commission marketing orders, as herein provided, in the region or parts thereof as defined in the order.&nbsp;</span></p> <p><span class="cls0">(b) A compact over-order price established pursuant to this section shall apply only to Class I milk. Such compact over-order price shall not exceed one dollar and fifty cents ($1.50) per gallon at Atlanta, Ga.; however, this compact over-order price shall be adjusted upward or downward at other locations in the region to reflect differences in minimum federal order prices. Beginning in 1990, and using that year as a base, the foregoing one-dollar-and-fifty-cents-per-gallon maximum shall be adjusted annually by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the commission may prescribe in regulations.&nbsp;</span></p> <p><span class="cls0">(c) A commission marketing order shall apply to all classes and uses of milk.&nbsp;</span></p> <p><span class="cls0">(d) The commission is hereby empowered to establish a compact over-order price for milk to be paid by pool plants and partially regulated plants. The commission is also empowered to establish a compact over-order price to be paid by all other handlers receiving milk from producers located in a regulated area. This price shall be established either as a compact over-order price or by one or more commission marketing orders. Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession or any other factors not related to the purposes of the regulation and this compact. Producer-handlers as defined in an applicable federal market order shall not be subject to a compact over-order price. The commission shall provide for similar treatment of producer-handlers under commission marketing orders.&nbsp;</span></p> <p><span class="cls0">(e) In determining the price, the commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including, but not limited to, the price of feed, the cost of labor including the reasonable value of the producer&rsquo;s own labor and management, machinery expense, and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public and the price necessary to yield a reasonable return to the producer and distributor.&nbsp;</span></p> <p><span class="cls0">(f) When establishing a compact over-order price, the commission shall take such other action as is necessary and feasible to help ensure that the over-order price does not cause or compensate producers so as to generate local production of milk in excess of those quantities necessary to assure consumers of an adequate supply for fluid purposes.&nbsp;</span></p> <p><span class="cls0">(g) The commission shall whenever possible enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact. The commission may reimburse other agencies for the reasonable cost of providing these services.&nbsp;</span></p> <p><span class="cls0">&sect;10. Optional provisions for pricing order&nbsp;</span></p> <p><span class="cls0">Regulations establishing a compact over-order price or a commission marketing order may contain, but shall not be limited to, any of the following:&nbsp;</span></p> <p><span class="cls0">(1) Provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program.&nbsp;</span></p> <p><span class="cls0">(2) With respect to a commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the commission, or a single minimum price for milk purchased from producers or associations of producers.&nbsp;</span></p> <p><span class="cls0">(3) With respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for Class I milk.&nbsp;</span></p> <p><span class="cls0">(4) Provisions for establishing either an over-order price or a commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing. Provision may also be made for location adjustments, zone differentials and for competitive credits with respect to regulated handlers who market outside the regulated area.&nbsp;</span></p> <p><span class="cls0">(5) Provisions for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered, or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them.&nbsp;</span></p> <p><span class="cls0">(A) With respect to regulations establishing a compact over-order price, the commission may establish one equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area.&nbsp;</span></p> <p><span class="cls0">(B) With respect to any commission marketing order which replaces one or more terminated federal orders or state dairy regulations, the marketing area of now separate state or federal orders shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such new marketing area.&nbsp;</span></p> <p><span class="cls0">(6) Provisions requiring persons who bring Class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact over-order price or commission marketing order. No such provisions shall discriminate against milk producers outside the regulated area. The provisions for compensatory payments may require payment of the difference between the Class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the Class I price established by the compact over-order price or commission marketing order.&nbsp;</span></p> <p><span class="cls0">(7) Provisions specially governing the pricing and pooling of milk handled by partially regulated plants.&nbsp;</span></p> <p><span class="cls0">(8) Provisions requiring that the account of any person regulated under the compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area.&nbsp;</span></p> <p><span class="cls0">(9) Provisions requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to Article VII, Section 18(a).&nbsp;</span></p> <p><span class="cls0">(10) Provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1966.&nbsp;</span></p> <p><span class="cls0">(11) Other provisions and requirements as the commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers.&nbsp;</span></p> <p><span class="cls0">ARTICLE V. RULEMAKING PROCEDURE&nbsp;</span></p> <p><span class="cls0">&sect;11. Rulemaking procedure&nbsp;</span></p> <p><span class="cls0">Before promulgation of any regulations establishing a compact over-order price or commission marketing order, including any provision with respect to milk supply under subsection 9(f) of this compact, or amendment thereof, as provided in Article IV, the commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views. Such rulemaking proceeding shall be governed by section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C.&sect;553). In addition, the commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a commission marketing order and thereafter before any amendment with regard to prices or assessments, the commission shall hold a public hearing. The commission may commence a rulemaking proceeding on its own initiative or may, in its sole discretion, act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state or federal officials.&nbsp;</span></p> <p><span class="cls0">&sect;12. Findings and referendum&nbsp;</span></p> <p><span class="cls0">In addition to the concise general statement of basis and purpose required by section 4(b) of the Federal Administrative Procedure Act, as amended (5 U.S.C.&sect;553(c)), the commission shall make findings of fact with respect to:&nbsp;</span></p> <p><span class="cls0">(1) Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV.&nbsp;</span></p> <p><span class="cls0">(2) What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes.&nbsp;</span></p> <p><span class="cls0">(3) Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order.&nbsp;</span></p> <p><span class="cls0">(4) Whether the terms of the proposed regional order or amendment are approved by producers as provided in section thirteen of this compact.&nbsp;</span></p> <p><span class="cls0">&sect;13. Producer referendum&nbsp;</span></p> <p><span class="cls0">(a) For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a commission marketing order, including any provision with respect to milk supply under subsection 9(f) of this compact, is approved by producers, the commission shall conduct a referendum among producers. The referendum shall be held in a timely manner, as determined by regulation of the commission. The terms and conditions of the proposed order or amendment shall be described by the commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto.&nbsp;</span></p> <p><span class="cls0">(b) An order or amendment shall be deemed approved by producers if the commission determines that it is approved by at least two-thirds (2/3) of the voting producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment.&nbsp;</span></p> <p><span class="cls0">(c) For purposes of any referendum, the commission shall consider the approval or disapproval by any cooperative association of producers, qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act, bona fide engaged in marketing milk, or in rendering services for or advancing the interests of producers of such commodity, as the approval or disapproval of the producers who are members or stockholders in, or under contract with, such cooperative association of producers, except as provided in subdivision (1) hereof and subject to the provisions of subdivision (2) through (5) hereof.&nbsp;</span></p> <p><span class="cls0">(1) No cooperative which has been formed to act as a common marketing agency for both cooperatives and individual producers shall be qualified to block vote for either.&nbsp;</span></p> <p><span class="cls0">(2) Any cooperative which is qualified to block vote shall, before submitting its approval or disapproval in any referendum, give prior written notice to each of its members as to whether and how it intends to cast its vote. The notice shall be given in a timely manner as established, and in the form prescribed, by the commission.&nbsp;</span></p> <p><span class="cls0">(3) Any producer may obtain a ballot from the commission in order to register approval or disapproval of the proposed order.&nbsp;</span></p> <p><span class="cls0">(4) A producer who is a member of a cooperative which has provided notice of its intent to approve or not to approve a proposed order, and who obtains a ballot and with such ballot expresses approval or disapproval of the proposed order, shall notify the commission as to the name of the cooperative of which he or she is a member, and the commission shall remove such producer&rsquo;s name from the list certified by such cooperative with its corporate vote.&nbsp;</span></p> <p><span class="cls0">(5) In order to ensure that all milk producers are informed regarding the proposed order, the commission shall notify all milk producers that an order is being considered and that each producer may register approval or disapproval with the commission either directly or through his or her cooperative.&nbsp;</span></p> <p><span class="cls0">&sect;14. Termination of over-order price or marketing order&nbsp;</span></p> <p><span class="cls0">(a) The commission shall terminate any regulations establishing an over-order price or commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact.&nbsp;</span></p> <p><span class="cls0">(b) The commission shall terminate any regulations establishing an over-order price or a commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order.&nbsp;</span></p> <p><span class="cls0">(c) The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rulemaking prescribed by section four of the Federal Administrative Procedure Act, as amended (5 U.S.C.&sect;553).&nbsp;</span></p> <p><span class="cls0">ARTICLE VI. ENFORCEMENT&nbsp;</span></p> <p><span class="cls0">&sect;15. Records; reports; access to premises&nbsp;</span></p> <p><span class="cls0">(a) The commission may by rule and regulation prescribe record keeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the commission is authorized to examine the books and records of any regulated person relating to his or her milk business and for that purpose, the commission&rsquo;s properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons.&nbsp;</span></p> <p><span class="cls0">(b) Information furnished to or acquired by the commission officers, employees, or its agents pursuant to this section shall be&nbsp;</span></p> <p><span class="cls0">confidential and not subject to disclosure except to the extent that the commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the commission. The commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit:&nbsp;</span></p> <p><span class="cls0">(1) The issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person; or&nbsp;</span></p> <p><span class="cls0">(2) The publication by direction of the commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person.&nbsp;</span></p> <p><span class="cls0">(c) No officer, employee, or agent of the commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section shall, upon conviction, be subject to a fine of not more than One Thousand Dollars ($1,000.00) or to imprisonment for not more than one (1) year, or to both, and shall be removed from office. The commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or United States Attorney.&nbsp;</span></p> <p><span class="cls0">&sect;16. Subpoena; hearings and judicial review&nbsp;</span></p> <p><span class="cls0">(a) The commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence.&nbsp;</span></p> <p><span class="cls0">(b) Any handler subject to an order may file a written petition with the commission stating that any such order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. The handler shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the commission. After such hearing, the commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.&nbsp;</span></p> <p><span class="cls0">(c) The district courts of the United States in any district in which such handler is an inhabitant, or has his or her principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within thirty (30) days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the commission by delivering to it a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the commission with directions either:&nbsp;</span></p> <p><span class="cls0">(1) To make such ruling as the court shall determine to be in accordance with law; or&nbsp;</span></p> <p><span class="cls0">(2) To take such further proceedings as, in its opinion, the law requires.&nbsp;</span></p> <p><span class="cls0">The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the commission from obtaining relief pursuant to section seventeen of this compact. Any proceedings brought pursuant to section seventeen of this compact, except where brought by way of counterclaim in proceedings instituted pursuant to this section, shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section.&nbsp;</span></p> <p><span class="cls0">&sect;17. Enforcement with respect to handlers&nbsp;</span></p> <p><span class="cls0">(a) Any violation by a handler of the provisions of regulations establishing an over-order price or a commission marketing order, or other regulations adopted pursuant to this compact shall:&nbsp;</span></p> <p><span class="cls0">(1) Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation.&nbsp;</span></p> <p><span class="cls0">(2) Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states.&nbsp;</span></p> <p><span class="cls0">(b) With respect to handlers, the commission shall enforce the provisions of this compact, regulations establishing an over-order price, a commission marketing order or other regulations adopted hereunder by:&nbsp;</span></p> <p><span class="cls0">(1) Commencing an action for legal or equitable relief brought in the name of the commission of any state or federal court of competent jurisdiction; or&nbsp;</span></p> <p><span class="cls0">(2) Referral to the state agency for enforcement by judicial or administrative remedy with the agreement of the appropriate state agency of a participating state.&nbsp;</span></p> <p><span class="cls0">(c) With respect to handlers, the commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist.&nbsp;</span></p> <p><span class="cls0">ARTICLE VII. FINANCE&nbsp;</span></p> <p><span class="cls0">&sect;18. Finance of start-up and regular costs&nbsp;</span></p> <p><span class="cls0">(a) To provide for its start-up costs, the commission may borrow money pursuant to its general power under section six, subdivision (d), paragraph four of this compact. In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one (1) year from the date the commission convenes, in an amount not to exceed one and one-half cents ($.015) per hundredweight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the commission&rsquo;s ongoing operating expenses.&nbsp;</span></p> <p><span class="cls0">(b) The commission shall not pledge the credit of any participating state or of the United States. Notes issued by the commission and all other financial obligations incurred by it, shall be its sole responsibility and no participating state or the United States shall be liable therefor.&nbsp;</span></p> <p><span class="cls0">&sect;19. Audit and accounts&nbsp;</span></p> <p><span class="cls0">(a) The commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.&nbsp;</span></p> <p><span class="cls0">(b) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the commission.&nbsp;</span></p> <p><span class="cls0">(c) Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States.&nbsp;</span></p> <p><span class="cls0">ARTICLE VIII. ENTRY INTO FORCE; ADDITIONAL MEMBERS AND WITHDRAWAL&nbsp;</span></p> <p><span class="cls0">&sect;20. Entry into force; additional members&nbsp;</span></p> <p><span class="cls0">The compact shall enter into force effective when enacted into law by any three states of the group of states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West Virginia and when the consent of Congress has been obtained.&nbsp;</span></p> <p><span class="cls0">&sect;21. Withdrawal from compact&nbsp;</span></p> <p><span class="cls0">Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after notice in writing of the withdrawal is given to the commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a participating state prior to the time of such withdrawal.&nbsp;</span></p> <p><span class="cls0">&sect;22. Severability&nbsp;</span></p> <p><span class="cls0">If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact. In the event Congress consents to this compact subject to conditions, said conditions shall not impair the validity of this compact when said conditions are accepted by three or more compacting states. A compacting state may accept the conditions of Congress by implementation of this compact.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 32, &sect; 1, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;27-21. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this subarticle:&nbsp;</span></p> <p><span class="cls0">1. "Cooperative association" means any group in which farmers or producers act together in the market preparation, processing, or marketing of farm products or any association, not having capital stock or operated for a profit, and organized under this subarticle;&nbsp;</span></p> <p><span class="cls0">2. "Dairy farmer" means a person engaged in the business of producing milk for sale to milk processors directly or through a cooperative association of which the person is a member. When a dairy farmer has sold milk through a cooperative association of which the dairy farmer is a member, the cooperative association shall be considered a dairy farmer;&nbsp;</span></p> <p><span class="cls0">3. "Escrow account agent" means an entity within this state, which is insured by the Federal Deposit Insurance Corporation;&nbsp;</span></p> <p><span class="cls0">4. "Milk processor" means a person who operates a milk, milk products, or frozen desserts processing plant that is located in the State of Oklahoma; and&nbsp;</span></p> <p><span class="cls0">5. "Purchase price" means an amount of money, based on estimated butterfat content and other common industry standards at the time of delivery, that a milk processor agrees to pay a dairy farmer for a purchase of raw milk.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 139, &sect; 1, eff. Nov. 1, 1988. Amended by Laws 1989, c. 182, &sect; 2, operative July 1, 1989; Laws 2001, c. 146, &sect; 4, emerg. eff. April 30, 2001. Renumbered from &sect; 751 of this title by Laws 2001, c. 146, &sect; 247, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;27-22. Requirement of escrow account Notice Deposits Commingling of monies.&nbsp;</span></p> <p><span class="cls0">A. 1. A dairy farmer from whom milk was purchased by a milk processor may require the milk processor to establish an escrow account for the benefit of the dairy farmer for the payment of the purchase price of milk as specified in paragraph 2 of this subsection.&nbsp;</span></p> <p><span class="cls0">2. A dairy farmer may require the milk processor to establish an escrow account only if:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the dairy farmer has not received payment of the purchase price for the milk and has given written notice by certified mail, return receipt requested, to the milk processor within thirty (30) days following the final date the payment is due, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;a payment instrument received by the dairy farmer from the milk processor has been dishonored and the dairy farmer has given written notice by certified mail, return receipt requested, to the milk processor within fifteen (15) business days after the notice of dishonor was received.&nbsp;</span></p> <p><span class="cls0">3. The notice specified by subparagraphs a and b of paragraph 2 of this subsection shall require that an escrow account be established and that the payment received from the sale of any milk or dairy product as specified in subsection B of this section be deposited in the escrow account until the dairy farmer has received full payment of the purchase price for the milk.&nbsp;</span></p> <p><span class="cls0">B. 1. The milk processor shall deposit a share of all payments received from the sale of milk or dairy products by the milk processor which is equal to the amount of the milk sold by the dairy farmer to the milk processor in proportion to the total amount of milk purchased for the sale of the milk and dairy products by the milk processor into the escrow account upon receipt. The payments shall be deposited in the escrow account until the dairy farmer has received full payment of the purchase price for the milk.&nbsp;</span></p> <p><span class="cls0">2. The escrow account shall be a segregated interest bearing account and shall be established for the benefit of the dairy farmer. Upon sufficient proof of identification, the escrow account agent shall promptly pay to the dairy farmer any sum accumulated for the benefit of the dairy farmer in the escrow account.&nbsp;</span></p> <p><span class="cls0">C. 1. If any milk processor is required to establish more than one escrow account by operation of the provisions of this section, then the monies accruing may all be commingled in a single account.&nbsp;</span></p> <p><span class="cls0">2. The commingled monies accumulated in the account shall be distributed to each dairy farmer in the amount due to each.&nbsp;</span></p> <p><span class="cls0">3. If the commingled monies accumulated in the account are insufficient to pay all the dairy farmers, the escrow account agent shall distribute the monies so accumulated in proportion to the current amount due each.&nbsp;</span></p> <p><span class="cls0">D. For the purposes of this section, the monies held by the escrow account agent shall be the property of the dairy farmer, or dairy farmers if the monies have been commingled, in the current amount due to each or in proportion to the amount due each.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 139, &sect; 2, eff. Nov. 1, 1988. Amended by Laws 2001, c. 146, &sect; 5, emerg. eff. April 30, 2001. Renumbered from &sect; 752 of this title by Laws 2001, c. 146, &sect; 247, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;27-23. Conditions of purchase of raw milk.&nbsp;</span></p> <p><span class="cls0">A milk processor may not purchase raw milk from a dairy farmer unless:&nbsp;</span></p> <p><span class="cls0">1. Payment of the purchase price is made according to the provisions prescribed by an applicable federal milk marketing order;&nbsp;</span></p> <p><span class="cls0">2. Any additional provisions are agreed on by both the dairy farmer or the agent of the dairy farmer and the milk processor; and&nbsp;</span></p> <p><span class="cls0">3. The medium of exchange used is cash, a check for the full amount of the purchase price, or a wire transfer of money in the full amount.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 139, &sect; 3, eff. Nov. 1, 1988. Amended by Laws 2001, c. 146, &sect; 6, emerg. eff. April 30, 2001. Renumbered from &sect; 753 of this title by Laws 2001, c. 146, &sect; 247, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;27-24. Exception.&nbsp;</span></p> <p><span class="cls0">This subarticle does not apply to transactions between a cooperative association while acting as a marketing agent and its members.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 139, &sect; 4, eff. Nov. 1, 1988. Amended by Laws 2001, c. 146, &sect; 7, emerg. eff. April 30, 2001. Renumbered from &sect; 754 of this title by Laws 2001, c. 146, &sect; 247, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;27-25. Liability of milk processor.&nbsp;</span></p> <p><span class="cls0">A milk processor who fails to pay for raw milk as provided by this subarticle is liable to the dairy farmer for:&nbsp;</span></p> <p><span class="cls0">1. The purchase price of the raw milk;&nbsp;</span></p> <p><span class="cls0">2. Interest on the purchase price at the rate fixed by law for civil judgments commencing from the date possession is transferred until the date the payment is made; and&nbsp;</span></p> <p><span class="cls0">3. A reasonable attorney fee for the collection of the payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 139, &sect; 5, eff. Nov. 1, 1988. Amended by Laws 2001, c. 146, &sect; 8, emerg. eff. April 30, 2001. Renumbered from &sect; 755 of this title by Laws 2001, c. 146, &sect; 247, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;27-26. Failure to establish escrow account Failure to continue payments Penalties.&nbsp;</span></p> <p><span class="cls0">Any milk processor failing to establish an escrow account upon receipt of notification of a dairy farmer pursuant to the provisions of this subarticle or who fails to continue to make payments until the dairy farmer has received full payment of the purchase price, upon conviction thereof shall be guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than One Thousand Dollars ($1,000.00), imprisonment in the county jail for a period not to exceed one (1) year, or both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 139, &sect; 6, eff. Nov. 1, 1988. Amended by Laws 2001, c. 146, &sect; 9, emerg. eff. April 30, 2001. Renumbered from &sect; 756 of this title by Laws 2001, c. 146, &sect; 247, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-401. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 4 through 23 of this act shall be known and may be cited as the "Oklahoma Milk and Milk Products Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 1, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, &sect; 17, operative July 1, 1987; Laws 1987, c. 236, &sect; 3, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 4, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.1 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-402. Purpose - Public policy.&nbsp;</span></p> <p><span class="cls0">It is the policy of this state and the purpose of the Oklahoma Milk and Milk Products Act to regulate the quality and the minimum sanitary requirements of the production, processing, and distribution of milk and milk products in a manner that shall:&nbsp;</span></p> <p><span class="cls0">1. Protect the health, safety, and welfare of the consumer public; and&nbsp;</span></p> <p><span class="cls0">2. Allow Oklahoma milk and milk product producers, processors, and distributors to enjoy free trade and commerce.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 2, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, &sect; 18, operative July 1, 1987; Laws 1987, c. 236, &sect; 4, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 5, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.2 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 68, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-403. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Milk and Milk Products Act:&nbsp;</span></p> <p><span class="cls0">1. "Bulk milk hauler/sampler" means any person collecting official samples who may transport raw milk from a farm or raw milk products to or from a milk plant, receiving station, or transfer station and has in his or her possession a permit from any state to sample these products;&nbsp;</span></p> <p><span class="cls0">2. "Dairy farm" means any premises owned or operated by a "milk producer" where one or more cows or goats are kept, and from which a part or all of the milk or milk products is sold or offered for sale;&nbsp;</span></p> <p><span class="cls0">3. "Goat milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy goats;&nbsp;</span></p> <p><span class="cls0">4. "Grade A milk and milk products" means milk and milk products at any stage from production through pasteurization and packaging, that are of the minimum quality and are produced, hauled, processed and distributed under conditions which meet the requirements of the Oklahoma Milk and Milk Products Act;&nbsp;</span></p> <p><span class="cls0">5. "Inhibitor" means any chemical or antibiotic substance which inhibits or retards the growth of bacteria in milk;&nbsp;</span></p> <p><span class="cls0">6. "Milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than eight and onefourth percent (8 1/4%) milk solidsnotfat and not less than three and onefourth percent (3 1/4%) milk fat. The term "milk" shall include goat milk, fluid market milk, and milk products for the purpose of distribution to the consumer, and may contain optional ingredients defined by the State Board of Agriculture and shall include ungraded and Grade A milk;&nbsp;</span></p> <p><span class="cls0">7. "Milk contact surface" means any pipe, tank, equipment, or facility which contacts or may contact milk during the producing, transporting, processing, or distributing of milk and milk products;&nbsp;</span></p> <p><span class="cls0">8. "Milk distribution center" means any premises, owned or operated by a "milk distributor", which distributes and sells or offers to sell milk and milk products but does not include an establishment which sells or offers to sell Grade A milk and milk products at retail;&nbsp;</span></p> <p><span class="cls0">9. "Milk facility" means the producing, processing, transporting, or distributing premises and facilities which operate under an appropriate and valid permit issued by the Commissioner, in compliance with the Oklahoma Milk and Milk Products Act and the rules of the Board;&nbsp;</span></p> <p><span class="cls0">10. "Milk fat" or "butter fat" means the fat of milk;&nbsp;</span></p> <p><span class="cls0">11. "Milk plant" means any premises owned or operated by a "milk processor" where milk or milk products are collected, manufactured, processed, pasteurized, bottled, stored, or prepared for distribution for commercial purposes including, but not limited to, a receiving or transfer station;&nbsp;</span></p> <p><span class="cls0">12. "Milk products" means those products produced or obtained from milk or any component or product of milk and defined by the Board, including Grade A milk products, ungraded raw milk and ungraded milk products;&nbsp;</span></p> <p><span class="cls0">13. "Milk tank truck cleaning facility" means any premises or establishment, separate from a milk plant, receiving station, or transfer station, where a milk tank truck is cleaned and sanitized;&nbsp;</span></p> <p><span class="cls0">14. "Milk tank truck driver" means any person transporting raw or pasteurized milk products between a milk plant, receiving station, or transfer station;&nbsp;</span></p> <p><span class="cls0">15. "Milk transportation company" means any person responsible for a milk tank truck;&nbsp;</span></p> <p><span class="cls0">16. "Pasteurized milk" means Grade A raw milk which has been pasteurized and stored in accordance with the chemical, bacteriological, and temperature standards required by the Board;&nbsp;</span></p> <p><span class="cls0">17. "Receiving station" means any premises where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting;&nbsp;</span></p> <p><span class="cls0">18. "Retail food store" means any establishment which offers for retail sale packaged or bulk food goods for human consumption;&nbsp;</span></p> <p><span class="cls0">19. "Transfer station" means any establishment or premises where milk or milk products are transferred directly from one milk tank truck to another; and&nbsp;</span></p> <p><span class="cls0">20. "Ungraded milk products" and "manufacture grade milk products" include, but are not limited to, butter, cheese, dry milk, condensed milk, filled or evaporated milk, frozen dairy dessert and mellodrink products.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 3, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, &sect; 19, operative July 1, 1987; Laws 1987, c. 236, &sect; 5, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 6, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.3 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 69, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-404. Rules.&nbsp;</span></p> <p><span class="cls0">A. The State Board of Agriculture shall promulgate rules governing:&nbsp;</span></p> <p><span class="cls0">1. The production, transportation, processing, pasteurization, handling, identity, sampling, examination, labeling, marking, shipping statements, optional ingredients, definitions, and sanitary conditions for milk and milk products;&nbsp;</span></p> <p><span class="cls0">2. The inspection and sanitary rating of dairy farms, bulk milk hauler/samplers, milk transportation companies, milk tank truck cleaning facilities, milk plants, and distribution centers engaged in producing, transporting, processing, and distributing milk and milk products;&nbsp;</span></p> <p><span class="cls0">3. The issuing, modifying, suspending, and revoking of permits to producers, bulk milk hauler/samplers, milk transportation companies, milk tank truck cleaning facilities, processors, and distributors of milk and milk products;&nbsp;</span></p> <p><span class="cls0">4. The approval of facilities therefor except for waste disposal therefrom, which shall be regulated by the Department of Environmental Quality;&nbsp;</span></p> <p><span class="cls0">5. All cheese factories;&nbsp;</span></p> <p><span class="cls0">6. All modes of transportation used for the distribution of milk and cream to market; and&nbsp;</span></p> <p><span class="cls0">7. The labeling and packaging of milk and milk products.&nbsp;</span></p> <p><span class="cls0">B. The rules promulgated by the Board shall be in accord with the minimum standards and requirements for milk and milk products currently recommended and established by the United States Department of Health and Human Services, Food and Drug Administration, including the Recommended Grade A Pasteurized Milk Ordinance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 4, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, &sect; 20, operative July 1, 1987; Laws 1987, c. 236, &sect; 6, emerg. eff. July 20, 1987; Laws 1993, c. 145, &sect; 350, eff. July 1, 1993; Laws 1994, c. 140, &sect; 7, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.4 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 70, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-405. Commissioner - Power and duty.&nbsp;</span></p> <p><span class="cls0">The Commissioner of Agriculture shall have the power and duty to:&nbsp;</span></p> <p><span class="cls0">1. Administer and supervise the enforcement of the Oklahoma Milk and Milk Products Act;&nbsp;</span></p> <p><span class="cls0">2. Provide for periodic inspection and investigation as necessary to determine compliance with the Oklahoma Milk and Milk Products Act and to record each inspection on a form approved by the Commissioner. Every milk producer, bulk milk hauler/sampler, milk tank truck driver, milk transportation company, milk tank truck cleaning facility, milk processor, or milk distributor engaged in producing, transporting, processing, or distributing milk and milk products shall, upon request, permit access of the Commissioner to all areas of establishment, during normal business hours, to evaluate compliance with the provisions of the Oklahoma Milk and Milk Products Act;&nbsp;</span></p> <p><span class="cls0">3. Secure and analyze samples of milk and milk products from any milk producer, bulk milk hauler/sampler, milk transportation company, milk tank truck cleaning facility, milk processor, or milk distributor. Milk and milk products packaged for retail sale to consumers shall not be taken without first paying or offering to pay for the sample;&nbsp;</span></p> <p><span class="cls0">4. Prohibit the producing, processing, and sale of adulterated milk and milk products;&nbsp;</span></p> <p><span class="cls0">5. Receive and investigate complaints;&nbsp;</span></p> <p><span class="cls0">6. Issue permits to the owner or operator of dairy farms, bulk milk hauler/sampler, milk tank truck driver, milk transportation company, milk tank truck cleaning facility, milk plants, milk distribution centers, and receiving or transfer stations to engage in the producing, transporting, processing, or distributing of milk and milk products upon receipt of permit applications and upon determining that these facilities are in compliance with the Oklahoma Milk and Milk Products Act and to modify, suspend, or revoke such permits;&nbsp;</span></p> <p><span class="cls0">7. Maintain laboratory reports of samples collected by the Commissioner, listings of permits issued, modified, suspended, and revoked;&nbsp;</span></p> <p><span class="cls0">8. Require submission, timely review, and approval, of plans, specifications, and other information relative to the construction or alteration of milk and milk product facilities, prior to the commencement of work;&nbsp;</span></p> <p><span class="cls0">9. Examine statements of the actual quantities of milk and milk products purchased and sold, lists of all sources of milk and milk products, and records of cleaning, tests, and pasteurization times and temperatures of appropriate facilities; and&nbsp;</span></p> <p><span class="cls0">10. Examine and approve laboratories to conduct those analyses required by the Oklahoma Milk and Milk Products Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 5, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, &sect; 21, operative July 1, 1987; Laws 1987, c. 236, &sect; 7, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 8, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.5 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 1994, c. 289, &sect; 3, emerg. eff. June 6, 1994; Laws 2000, c. 367, &sect; 71, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-406. Sale of Grade A milk and milk products.&nbsp;</span></p> <p><span class="cls0">A. Only Grade A pasteurized milk and milk products or Grade A raw milk shall be sold to the final consumer; provided, however:&nbsp;</span></p> <p><span class="cls0">1. Only Grade A pasteurized milk shall be sold through restaurants, soda fountains, grocery stores, or similar establishments, including school lunch rooms; and&nbsp;</span></p> <p><span class="cls0">2. In an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade is unknown, may be authorized by the Commissioner of Agriculture so long as the milk and milk products shall be labeled "ungraded".&nbsp;</span></p> <p><span class="cls0">B. Approval by the Commissioner pursuant to rules promulgated by the State Board of Agriculture for the use of Grade A label on milk and milk products processed at any milk plant in accordance with the provisions of the Oklahoma Milk and Milk Products Act shall constitute an acceptable rating for all intrastate purposes. No sanitary requirement or standard issued pursuant to the Oklahoma Milk and Milk Products Act or by any governmental subdivision shall prohibit the sale of Grade A milk and milk products which are produced and processed under laws or rules of any governmental unit which are substantially equivalent to the requirements of the Oklahoma Milk and Milk Products Act, and which are enforced with equal effectiveness, as determined by a milk sanitation rating certified to the U.S. Department of Health and Human Services, Food and Drug Administration or its successor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 6, emerg. eff. April 8, 1981. Amended by Laws 1994, c. 140, &sect; 9, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.6 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 72, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-407. Adulterated or misbranded milk or milk product.&nbsp;</span></p> <p><span class="cls0">A. Any Grade A milk or milk product shall be adulterated if:&nbsp;</span></p> <p><span class="cls0">1. It bears or contains any poisonous, deleterious, or inhibitor substance in a quantity which may render it injurious to health;&nbsp;</span></p> <p><span class="cls0">2. It bears or contains any added poisonous, inhibitor, or deleterious substance for which no safe tolerance has been established by state rule or federal regulations, or in excess of the tolerance if one has been established;&nbsp;</span></p> <p><span class="cls0">3. It consists, in whole or in part, of any substance unfit for human consumption;&nbsp;</span></p> <p><span class="cls0">4. It has been produced, processed, prepared, packed, held, or transported under unsanitary conditions;&nbsp;</span></p> <p><span class="cls0">5. Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or&nbsp;</span></p> <p><span class="cls0">6. Any substance has been added, mixed, packed, or any process applied to increase its bulk or weight, or reduce its quality, strength, or make it appear better or of greater value than it is.&nbsp;</span></p> <p><span class="cls0">B. Grade A milk and milk products shall be misbranded when:&nbsp;</span></p> <p><span class="cls0">1. Their containers bear or accompany any false or misleading written, printed, or graphic matter;&nbsp;</span></p> <p><span class="cls0">2. The milk and milk products do not conform to the definitions in the Oklahoma Milk and Milk Products Act;&nbsp;</span></p> <p><span class="cls0">3. The products are not labeled in accordance with the Oklahoma Milk and Milk Products Act; and&nbsp;</span></p> <p><span class="cls0">4. Products are labeled "Grade A" when the packaged products were filled from a dairy plant or milk plant which did not possess an appropriate and valid Grade A permit at the time the milk or milk product was produced or processed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 7, emerg. eff. April 8, 1981. Amended by Laws 1994, c. 140, &sect; 10, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.7 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 73, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-408. Permits.&nbsp;</span></p> <p><span class="cls0">A. No person shall produce, haul, process, or distribute Grade A raw milk for pasteurization or milk and milk products, or hold oneself out as a milk producer, transporter, processor, or distributor or represent a dairy farm, bulk milk hauler/sampler, milk tank truck driver, milk transportation company, milk tank truck cleaning facility, milk plant, receiving or transfer station, milk distribution center, or milk or milk products as "Grade A" unless that person possesses an appropriate and valid permit for the particular premises or facilities concerned.&nbsp;</span></p> <p class="cls6"><span class="cls0">B. Applications for permits for dairy farms, bulk milk hauler/sampler, milk tank truck driver, milk transportation company, milk tank truck cleaning facility, milk plants, receiving or transfer stations, and milk distribution centers shall be submitted on a form approved by the State Board of Agriculture. Each applicant shall allow the Commissioner to inspect the applicable premises, records, and facilities. The Board shall inspect premises and facilities and issue the permit applied for when compliance is confirmed. The permits shall be issued without an expiration date except for the bulk milk hauler/sampler and milk tank truck driver permit that shall be effective for two (2) years. Permits shall not be transferable among persons or places.&nbsp;</span></p> <p class="cls6"><span class="cls0">C. The Board may issue permits, which shall be contingent upon continuing compliance, to facilities located outside this state which comply with the provisions of subsection B of Section 7-406 of this title. If an outofstate facility requests, or if the facility is not certified, then the cost for all inspections necessary pursuant to this subsection shall be paid by those facilities and the amounts paid shall be deposited in the State Department of Agriculture Revolving Fund.&nbsp;</span></p> <p><span class="cls0">D. The Board shall issue permits and establish classifications for milk and milk products.&nbsp;</span></p> <p><span class="cls0">E. The Board shall promulgate rules to establish fees for permits and inspections pursuant to this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 8, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, &sect; 22, operative July 1, 1987; Laws 1987, c. 236, &sect; 8, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 11, eff. Sept. 1, 1994. Renumbered from &sect; 1-1301.8 of Title 63 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 74, emerg. eff. June 6, 2000; Laws 2002, c. 173, &sect; 5, emerg. eff. May 6, 2002; Laws 2010, c. 90, &sect; 2, emerg. eff. April 12, 2010.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-409. Sampling and testing.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner of Agriculture shall collect and analyze representative samples, at least four times in any consecutive six (6) months, of Grade A raw milk for pasteurization and Grade A milk and milk products from each Grade A dairy farm, or milk plant and shall collect and analyze representative Grade A milk and milk products, as required by the Oklahoma Milk and Milk Products Act and rules promulgated by the State Board of Agriculture.&nbsp;</span></p> <p><span class="cls0">B. Whenever two of the last four consecutive bacteria counts, somatic cell counts, coliform determinations, or cooling temperatures, taken on separate days, exceed the limit of the standard for the milk and milk products, the Commissioner shall send a written notice to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within twentyone (21) days of sending the notice, but not before the lapse of three (3) days.&nbsp;</span></p> <p><span class="cls0">C. Whenever a phosphatase test on Grade A pasteurized milk is positive, the cause shall be determined; and where the cause is improper pasteurization, it shall be corrected and any milk or milk product involved shall not be offered for sale as Grade A.&nbsp;</span></p> <p><span class="cls0">D. Whenever an inhibitor test is positive and confirmed, the cause shall be determined, any milk or milk product involved shall not be offered for sale as Grade A, and the dairy farm responsible shall not produce raw milk for Grade A purposes until the milk is found to be free of inhibitors.&nbsp;</span></p> <p><span class="cls0">E. Samples shall be analyzed in a laboratory approved by the Commissioner. All sampling procedures and required laboratory examinations shall be in substantial compliance with the latest edition of Standard Methods for the Examination of Dairy Products of the American Public Health Association and the latest edition of Official Methods of Analyses of the Association of Official Analytical Chemists. The procedures including the certification of sample collectors and the examinations shall be evaluated in accordance with the Evaluation of Milk Laboratories, 1995 Recommendations of the U.S. Public Health Service/Food and Drug Administration and its successors.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 9, emerg. eff. April 8, 1981. Amended by Laws 1994, c. 140, &sect; 12, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.9 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 75, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-410. Suspension of permit.&nbsp;</span></p> <p><span class="cls0">A. Since analytical results may not become available until after the milk and milk products reach retail stores and consumers, the Commissioner of Agriculture, for the imperative protection of public health, safety, and welfare, as defined in the Administrative Procedures Act, shall upon receipt of the analysis, notify and suspend the permit of a dairy farm or milk plant:&nbsp;</span></p> <p><span class="cls0">1. Which produced raw milk containing an inhibitor, for at least twentyfour (24) hours and until the cause is corrected and the raw milk is found to be free of inhibitors; or&nbsp;</span></p> <p><span class="cls0">2. Which produced or processed milk that, in any consecutive six (6) months, exceeded in three of the last five samples the limit of the standard for the milk, in accordance with Section 7-409 of this title for at least twentyfour (24) hours and until the dairy farm or milk plant is inspected and/or sampled and found to be in compliance.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner shall notify and suspend the permit of a facility refusing to allow an inspection of the applicable premises as required by the Oklahoma Milk and Milk Products Act or upon a second consecutive inspection, conducted not less than seventytwo (72) hours nor more than twentyone (21) days after the first inspection, disclosing gross neglect of cleaning of milk contact surfaces. This suspension shall continue until an inspection is allowed or the milk contact surfaces are found to be clean.&nbsp;</span></p> <p><span class="cls0">C. The Commissioner may suspend, revoke or refuse to renew a permit for continuing or multiple violations of the Oklahoma Milk and Milk Products Act, or suspend a Grade A permit to protect the public health, safety, or welfare.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 10, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, &sect; 23, operative July 1, 1987; Laws 1987, c. 236, &sect; 9, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 13, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.10 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 76, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-411. Persons affected with communicable disease.&nbsp;</span></p> <p><span class="cls0">A. No person affected with any disease capable of being transmitted to others through the contamination of food shall work at any dairy farm or milk plant in any capacity which brings that person into contact with the equipment involved or employees engaged in the producing, handling, storing, or transporting of milk, milk products, containers, equipment, and utensils; and no milk producer or milk plant operator shall employ in any capacity any affected person, any person suspected of having any disease capable of being transmitted to others through the contamination of food, or of being a carrier of communicable diseases. Any milk producer, processor, or distributor who suspects that any employee has contracted any disease or has become a carrier of a disease capable of being transmitted to others through the contamination of food shall notify the Commissioner of Agriculture immediately.&nbsp;</span></p> <p><span class="cls0">B. When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk and milk products, the Commissioner is authorized to require any or all of the following measures:&nbsp;</span></p> <p><span class="cls0">1. The immediate exclusion of that person from milk handling;&nbsp;</span></p> <p><span class="cls0">2. The immediate exclusion of the milk supply concerned from distribution and use; and&nbsp;</span></p> <p><span class="cls0">3. Adequate medical examination and testing of the person, of his or her associates, and of the bodily discharges of both.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 11, emerg. eff. April 8, 1981. Amended by Laws 1994, c. 140, &sect; 14, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.11 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 77, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-412. Herds - Diseased animals.&nbsp;</span></p> <p><span class="cls0">A. All milk for pasteurization and for Grade A raw distribution shall be from herds located in a Modified Accredited Tuberculosis Area as determined by the U.S. Department of Agriculture; provided, that herds located in an area that fails to maintain accredited status shall have been certified by the United States Department of Agriculture as tuberculosisfree, or shall have an annual negative tuberculosis test.&nbsp;</span></p> <p><span class="cls0">B. All milk for pasteurization and for Grade A raw distribution shall be from herds participating in Brucellosis Milk Surveillance program for brucellosis eradication which is conducted on a continuing basis at intervals of not less than every three (3) months or more than every six (6) months. Individual blood tests may be required on all animals in herds showing positive reactions to the Brucellosis Milk Surveillance test.&nbsp;</span></p> <p><span class="cls0">C. For diseases other than brucellosis and tuberculosis, the Commissioner shall require physical, chemical, or bacteriological tests as necessary. The diagnosis of other diseases in dairy cattle shall be based upon the findings of a licensed veterinarian or a veterinarian in the employ of an official agency.&nbsp;</span></p> <p><span class="cls0">D. Any diseased animal disclosed by the test shall be disposed of as the State Veterinarian directs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 12, emerg. eff. April 8, 1981. Amended by Laws 1994, c. 140, &sect; 15, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.12 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 78, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-413. Violations.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person to knowingly:&nbsp;</span></p> <p><span class="cls0">1. Attempt to produce, haul, process, or distribute milk or milk products without an appropriate and valid permit;&nbsp;</span></p> <p><span class="cls0">2. Sell, offer, or expose for sale as Grade A any adulterated or misbranded milk or milk product;&nbsp;</span></p> <p><span class="cls0">3. Sell, offer, expose for sale, or serve milk and milk products which have not been maintained at or below the temperature specified by the State Board of Agriculture;&nbsp;</span></p> <p><span class="cls0">4. Dip or ladle Grade A milk and milk products;&nbsp;</span></p> <p><span class="cls0">5. Transfer Grade A milk and milk products at any location other than a permitted Grade A facility designed and equipped for such purpose;&nbsp;</span></p> <p><span class="cls0">6. Prevent, interfere, or attempt to impede the Commissioner from investigating and enforcing the Oklahoma Milk and Milk Products Act;&nbsp;</span></p> <p><span class="cls0">7. Sell or serve Grade A milk and milk products from other than the individual container, or approved bulk dispenser, received from the distributor; or&nbsp;</span></p> <p><span class="cls0">8. Violate any provision of the Oklahoma Milk and Milk Products Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 13, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, &sect; 24, operative July 1, 1987; Laws 1987, c. 236, &sect; 10, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 16, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.13 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 79, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-414. Construction of act.&nbsp;</span></p> <p><span class="cls0">A. The provisions of the Oklahoma Milk and Milk Products Act shall not be construed to:&nbsp;</span></p> <p><span class="cls0">1. Include incidental sales of raw milk directly to consumers at the farm where the milk is produced;&nbsp;</span></p> <p><span class="cls0">2. Preclude the advertising of the incidental sale of goat milk; and&nbsp;</span></p> <p><span class="cls0">3. Prohibit any farmer or producer from making cheese using milk or cream produced on the farm of such farmer or producer.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, incidental sales of goat milk are those sales where the average monthly number of gallons sold does not exceed one hundred (100).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 43, &sect; 14, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, &sect; 25, operative July 1, 1987; Laws 1987, c. 236, &sect; 11, emerg. eff. July 20, 1987; Laws 1989, c. 182, &sect; 1, operative July 1, 1989; Laws 1994, c. 140, &sect; 17, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.14 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 80, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-415. Fees.&nbsp;</span></p> <p><span class="cls0">A. A fee of one cent ($0.01) shall be assessed on each one hundred (100) pounds of raw milk produced in this state. Each coop, marketing agent, or processing plant where the raw milk is not collected by a coop or marketing agent, doing business in Oklahoma shall pay the fees each calendar month to the Commissioner of Agriculture to be credited to the Milk and Milk Products Inspection Revolving Fund of the State Treasury.&nbsp;</span></p> <p><span class="cls0">B. There is hereby assessed a fee of one cent ($0.01) on each one hundred (100) pounds of Grade A milk or milk products processed or offered for retail sale in Oklahoma. Each milk plant doing business in Oklahoma shall pay the fees each calendar month to the Commissioner to be credited to the Milk and Milk Products Inspection Revolving Fund of the State Treasury.&nbsp;</span></p> <p><span class="cls0">C. A fee assessed on each one hundred (100) pounds of milk or milk products produced or processed in another state and imported into Oklahoma shall be the same amount assessed on milk or milk products shipped to that state from Oklahoma. The person shipping or causing the shipment of milk or milk products shall be responsible for paying the fees semi-annually on January 1 and July 1 of each year to the Commissioner and be credited to the Milk and Milk Products Inspection Revolving Fund of the State Treasury.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 206, &sect; 26, operative July 1, 1987. Amended by Laws 1987, c. 236, &sect; 12, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 18, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.15 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 81, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-416. Milk and Milk Products Inspection Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund to be known as the "Milk and Milk Products Inspection Revolving Fund". The fund shall be a continuing fund not subject to fiscal year limitations and is appropriated and may be budgeted and expended by the Commissioner of Agriculture for the purpose of administering and enforcing the Oklahoma Milk and Milk Products Act. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 206, &sect; 27, operative July 1, 1987. Amended by Laws 1987, c. 236, &sect; 13, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 19, eff. Sept. 1, 1994. Renumbered from &sect; 1-1301.16 of Title 63 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 82, emerg. eff. June 6, 2000; Laws 2012, c. 304, &sect; 7.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-7-417. Permits required.&nbsp;</span></p> <p><span class="cls0">No person shall produce, haul, process or distribute ungraded raw milk or milk products or hold himself out as an ungraded milk producer, hauler, processor or distributor unless such person possesses an appropriate and valid permit for the particular premises or facilities concerned. The processing of permit applications and inspections shall be similar to the Grade A permit process.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 206, &sect; 28, operative July 1, 1987. Amended by Laws 1987, c. 236, &sect; 14, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 20, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.17 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-7-418. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-7-419. Quarantine of dairy products - Condemnation actions - Costs - Correction of violation - Bond.&nbsp;</span></p> <p><span class="cls0">A. Whenever the Commissioner of Agriculture finds any dairy product, in whole or in part, that fails to meet the requirements of the Oklahoma Milk and Milk Products Act, or that a product is handled in violation of law or rules of the State Board of Agriculture, a tag or other appropriate marking shall be affixed which shall give notice that the dairy product is, or is suspected of, being manufactured, produced, handled, sold, or offered for sale in violation of law or rules of the Board, and is quarantined, and warning all persons not to remove or dispose of the dairy product until permission for removal or disposal is given by the Commissioner. It shall be unlawful for any person to remove or dispose of the dairy product quarantined without permission.&nbsp;</span></p> <p><span class="cls0">B. If the Commissioner finds that dairy product quarantined pursuant to subsection A of this section does not meet the requirements of law, or the rules, the Commissioner may institute an action in the district court in whose jurisdiction the dairy product is quarantined, for the condemnation and destruction of the dairy product. If the Commissioner finds that the dairy product quarantined does meet the requirements of law and the rules, the Commissioner shall remove the quarantine. In any court proceeding regarding a quarantine, the State Department of Agriculture or the Commissioner, shall not be held liable if the court finds probable cause for the quarantine.&nbsp;</span></p> <p><span class="cls0">C. If the court finds that a quarantined dairy product, in whole or in part, is in violation of the law, the dairy product shall be destroyed at the expense of the owner or defender, under the supervision of the Commissioner. All court costs, fees, cost of storage, and other proper expenses shall be paid by the owner or defender of the dairy product. The court may order that the dairy product be delivered to the owner or defendant for appropriate labeling or processing under the supervision of the Commissioner if the violation can be corrected by proper processing of the dairy product, all costs, fees, and expenses have been paid, and a sufficient bond is executed and conditioned for appropriate labeling or processing as the court may require. The expense of supervision shall be paid to the Commissioner by the person obtaining release of the dairy product under bond.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 53, art. 7(A), &sect; 5. Amended by Laws 1987, c. 206, &sect; 30, operative July 1, 1987; Laws 1987, c. 236, &sect; 16, emerg. eff. July 20, 1987. Renumbered from Title 2, &sect; 75 by Laws 1987, c. 206, &sect; 97, operative July 1, 1987. Amended by Laws 1987, c. 236, &sect; 205, emerg. eff. July 20, 1987; Laws 1994, c. 140, &sect; 22, eff. Sept. 1, 1994. Renumbered from Title 63, &sect; 1-1301.19 by Laws 1994, c. 140, &sect; 30, eff. Sept. 1, 1994. Amended by Laws 2000, c. 367, &sect; 83, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-7-420. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-7-421. Official state agency.&nbsp;</span></p> <p><span class="cls0">The Oklahoma State Department of Agriculture is hereby designated as the official state agency of this state for purposes of cooperating with and implementing the dairy inspection and grading program under the jurisdiction of the United States Department of Agriculture.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 289, &sect; 4, emerg. eff. June 6, 1994.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-8-1. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-21. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this subarticle:&nbsp;</span></p> <p><span class="cls0">1. "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means relating to seed;&nbsp;</span></p> <p><span class="cls0">2. "Agricultural seeds" means the seeds of grass, forage, cereal and fiber crops, and any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds, and mixtures of seeds;&nbsp;</span></p> <p><span class="cls0">3. "Certified seed", &ldquo;registered seed", and &ldquo;foundation seed&rdquo; means seed that has been produced and labeled in accordance with the procedures and rules of an officially recognized seed-certifying agency or association;&nbsp;</span></p> <p><span class="cls0">4. "Coated seed" means a seed unit covered with any substance which changes the size, shape, or weight of the original seed. Seeds coated with ingredients including, but not limited to, rhizobia, dyes, and pesticides are excluded;&nbsp;</span></p> <p><span class="cls0">5. "Germination" means the percent of seeds capable of producing normal seedlings under ordinarily favorable conditions;&nbsp;</span></p> <p><span class="cls0">6. "Kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, wheat, lespedeza, alfalfa, and fescue;&nbsp;</span></p> <p><span class="cls0">7. "Labeling" means all written, printed, or graphic representations accompanying and pertaining to any seed in bulk or in containers and includes, but is not limited to representations on invoices;&nbsp;</span></p> <p><span class="cls0">8. "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling;&nbsp;</span></p> <p><span class="cls0">9. "Noxious weed seeds" shall be divided into two classes, "prohibited noxious weed seeds" and "restricted noxious weed seeds" as defined in subparagraphs (a) and (b) of this paragraph. The State Board of Agriculture may promulgate rules that add to or subtract from the list of seeds included under either definition:&nbsp;</span></p> <p class="cls3"><span class="cls0">(a)&nbsp;&nbsp;prohibited noxious weed seeds are the seeds of weeds which reproduce by seeds and spread by underground roots, stems, or other reproductive parts. When established, noxious weed seeds are highly destructive and difficult to control in this state by ordinary good cultural practice, and are prohibited by this subarticle subject to recognized tolerances, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(b)&nbsp;&nbsp;restricted noxious weed seeds are the seeds of weeds which are very objectionable in fields, lawns, and gardens of this state, but can be controlled by good cultural practice;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Pure seed&rdquo; means agricultural and vegetable seeds, exclusive of inert matter, and all other seeds not of the kinds, or kinds and varieties, being considered;&nbsp;</span></p> <p><span class="cls0">11. "Record" means all information relating to lot, identification, source, origin, variety, amount, processing, testing, labeling, distribution, and a file sample of the seed;&nbsp;</span></p> <p><span class="cls0">12. "Seizure" means a legal process carried out by court order or Board order against a specific quantity of seed;&nbsp;</span></p> <p><span class="cls0">13. "Stop sale" means an administrative order provided by law restraining the sale, use, disposition, and movement of a specific quantity of seed;&nbsp;</span></p> <p><span class="cls0">14. "Treated seed" means seed that has been treated with an approved substance or subjected to a process designed to control or repel plant disease organisms, insects, or other pests attacking the seed or plants or will improve the planting value of the seed;&nbsp;</span></p> <p><span class="cls0">15. "Variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics by which it can be differentiated from other plants of the same kind;&nbsp;</span></p> <p><span class="cls0">16. &ldquo;Vegetable seeds" means seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state; and&nbsp;</span></p> <p><span class="cls0">17. "Weed seeds" means the seeds of all plants generally recognized as undesireable within this state and includes noxious weed seeds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 64, art. 8(B), &sect; 1. Amended by Laws 1983, c. 84, &sect; 1, eff. Nov. 1, 1983; Laws 2000, c. 367, &sect; 84, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-22. Containers to bear label or tag &ndash; Label information.&nbsp;</span></p> <p><span class="cls0">A. Each bag, container, package, or bulk of agricultural seed transported, sold, offered for sale, or exposed for sale by any person within the State of Oklahoma for planting purposes, shall have, bear, or have attached in a conspicuous place, a plainly written or printed label or tag giving the following information, which shall not be modified or disclaimed in the labeling on the bag or container.&nbsp;</span></p> <p><span class="cls0">B. For treated seed, separate labeling shall show:&nbsp;</span></p> <p><span class="cls0">1. A word or statement that the seed has been treated;&nbsp;</span></p> <p><span class="cls0">2. The name or "coined name" of the treatment;&nbsp;</span></p> <p><span class="cls0">3. If harmful, the label must show the statement "Not to be Used for Feed or Food", and if poisonous materials are used, the label must show a caution statement stating words "Poison Treated".&nbsp;</span></p> <p><span class="cls0">C. For agricultural seeds separate labeling shall show:&nbsp;</span></p> <p><span class="cls0">1. Commonly accepted name as to kind, or kind and variety, of each agricultural seed component in excess of five percent (5%) of the whole. If more than one component is present in excess of five percent (5%) of the whole, the word "mixture" or "mixed" shall be shown conspicuously on the tag or label;&nbsp;</span></p> <p><span class="cls0">2. Net weight;&nbsp;</span></p> <p><span class="cls0">3. Lot number or other lot identification;&nbsp;</span></p> <p><span class="cls0">4. Origin, including state or foreign country where grown. If the origin is unknown, that fact shall be stated;&nbsp;</span></p> <p><span class="cls0">5. Percentage pure seed;&nbsp;</span></p> <p><span class="cls0">6. Percentage by weight of inert matter;&nbsp;</span></p> <p><span class="cls0">7. Percentage by weight of agricultural seed, other than the one required to be named on the label (designated as "other crop seed");&nbsp;</span></p> <p><span class="cls0">8. Percentage by weight of all weed seeds;&nbsp;</span></p> <p><span class="cls0">9. The name and rate of occurrence of each kind of restricted noxious weed seed per pound when present in any amount;&nbsp;</span></p> <p><span class="cls0">10. For each named agricultural seed:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;percentage of germination, exclusive of hard seed,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;percentage of hard seed, if present, and&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;the calendar month and year the test was completed to determine percentages;&nbsp;</span></p> <p class="cls15"><span class="cls13">11.&nbsp;&nbsp;<span class="cls14">Following (A) and (B), above, the "total germination and hard seed" may be stated if desired; and&nbsp;</span></span></p> <p><span class="cls0">12. Name and address of the person or vendor who labeled the seed or who sells, offers, or exposes the seed for sale within the state.&nbsp;</span></p> <p class="cls16"><span class="cls0">D. For vegetable seeds labeling shall show:&nbsp;</span></p> <p><span class="cls0">1. Net weight;&nbsp;</span></p> <p><span class="cls0">2. Name of kind and variety of seed; and&nbsp;</span></p> <p><span class="cls0">3. For seeds which germinate less than the standard last established by the State Board of Agriculture:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;percentage of germination, exclusive of hard seed,&nbsp;</span></p> <p class="cls3"><span class="cls13">b.&nbsp;&nbsp;<span class="cls14">percentage of hard seed, if present,&nbsp;</span></span></p> <p class="cls17"><span class="cls0">c.&nbsp;&nbsp;the calendar month and year the test was completed to determine the percentages, &nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;the words "below standard" in not less than eightpoint type, and&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;name and address of the person who labels the seed, or who sells, offers, or exposes the seed for sale within this state.&nbsp;</span></p> <p><span class="cls0">E. For coated seed. In addition to the required labeling for agricultural and vegetable seeds, when the seeds have been coated, labeling shall show:&nbsp;</span></p> <p><span class="cls0">1. A word statement that seeds have been coated; and&nbsp;</span></p> <p><span class="cls0">2. Percentage by weight of inert coating material.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 65, art. 8(B), &sect; 2. Amended by Laws 1983, c. 84, &sect; 2, eff. Nov. 1, 1983; Laws 2000, c. 367, &sect; 85, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-23. Unlawful acts.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person to sell, offer for sale, or expose for sale any agricultural seed or vegetable seed within this state:&nbsp;</span></p> <p><span class="cls0">1. Unless a license has been obtained in accordance with the provisions of Sections 821 through 829 of this title;&nbsp;</span></p> <p><span class="cls0">2. Unless the date of test to determine the percentage of germination is not more than nine (9) months prior to the sale, except the date of test for hermetically sealed containers may be thirtysix (36) months prior to sale;&nbsp;</span></p> <p><span class="cls0">3. Not labeled in accordance with the provisions of this subarticle and rules, or having a false or misleading label;&nbsp;</span></p> <p><span class="cls0">4. When there has been a false or misleading advertisement; or&nbsp;</span></p> <p><span class="cls0">5. Treated with any substance designed to control or repel plant disease organisms or insects or other pests unless each container bears a label giving information in the form prescribed by rules of the State Board of Agriculture, to show the name of the substance and if the substance may be harmful to humans or animals, a warning or caution statement adequate to protect the public.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for any person within this state:&nbsp;</span></p> <p><span class="cls0">1. To sell agricultural or vegetable seed that does not meet the minimum standards of germination and purity, and the maximum for inert matter and weed seed, prescribed in rules promulgated under the provisions of this subarticle;&nbsp;</span></p> <p><span class="cls0">2. To sell agricultural or vegetable seed containing prohibited noxious weed seeds or restricted noxious weed seeds, subject to recognized tolerances, in excess of the amount allowed as prescribed in rules promulgated under the provisions of this subarticle;&nbsp;</span></p> <p><span class="cls0">3. To detach, alter, deface, or destroy any label required or provided for in this subarticle or the rules;&nbsp;</span></p> <p><span class="cls0">4. To alter or substitute seed in a manner that may defeat the purposes of this subarticle;&nbsp;</span></p> <p><span class="cls0">5. To disseminate any false or misleading advertisement concerning agricultural seed or vegetable seed in any manner or by any means;&nbsp;</span></p> <p><span class="cls0">6. To fail to comply with a "stopsale" order made by the Board on agricultural seed or vegetable seed sold, offered for sale, or exposed for sale; or to move, handle, or dispose of any lot of seed held under a "stopsale" order except with the permission of the Board and for the purposes specified;&nbsp;</span></p> <p><span class="cls0">7. To fail to keep complete records of each lot of seed or make available for inspection the records of origin, testing, variety, distribution, seed samples, invoices, and other pertinent records or information, to the Board; or&nbsp;</span></p> <p><span class="cls0">8. To sell, offer, or expose for sale any seed labeled "certified seed", "registered seed", or "foundation seed", unless it has been produced and labeled in compliance with the rules of an officially recognized seedcertifying agency or association.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 66, art. 8(B), &sect; 3. Amended by Laws 1971, c. 34, &sect; 1, operative July 1, 1971; Laws 2000, c. 367, &sect; 86, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-24. Records - File samples - Inspection.&nbsp;</span></p> <p><span class="cls0">Each person whose name appears on the label and handles agricultural and vegetable seed subject to this subarticle shall keep, for a period of at least two (2) years, complete records of each lot of agricultural or vegetable seed handled, and shall keep for at least one (1) year a file sample of each lot of seed after final disposition. All records pertaining to the lot or lots involved shall be accessible for inspection by the State Board of Agriculture during customary business hours.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 67, art. 8(B), &sect; 4. Amended by Laws 2000, c. 367, &sect; 87, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-25. Penalty exemptions &ndash; Provision exceptions.&nbsp;</span></p> <p><span class="cls0">A. No person shall be subject to the penalties of this subarticle for having sold, offered, or exposed for sale in this state any agricultural seed or vegetable seed which is incorrectly labeled or represented as to kind, kind and variety, or origin which cannot be identified by examination, unless the person failed to obtain an invoice or grower's declaration giving kind, or kind and variety, and origin, and to take precautions necessary or required to insure the identity and variety of the seed.&nbsp;</span></p> <p><span class="cls0">B. The provisions of Sections 8-22 and 8-23 of this title shall not apply:&nbsp;</span></p> <p><span class="cls0">1. To seed sold by a farmer or grower to a seed dealer or processor, or in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, that any labeling or other representation which may be made with respect to uncleaned seed shall be subject to the provisions of this subarticle.&nbsp;</span></p> <p><span class="cls0">2. To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not engaged in producing, processing, or marketing agricultural or vegetable seed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 67, art. 8(B), &sect; 5. Amended by Laws 2000, c. 367, &sect; 88, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-26. Powers of Board and agents.&nbsp;</span></p> <p><span class="cls0">The State Board of Agriculture shall have authority:&nbsp;</span></p> <p><span class="cls0">1. To sample, test, make analysis of, and inspect any agricultural seed or vegetable seed transported, sold, offered or exposed for sale within this state for planting purposes, at any time and place and to any extent necessary to determine whether the agricultural seed or vegetable seed are in compliance with the provisions of this subarticle and rules promulgated thereto;&nbsp;</span></p> <p><span class="cls0">2. To issue and enforce a written or printed "stop-sale" order to the person or vendor of any agricultural seed or vegetable seed which is in violation of any of the provisions of this subarticle or rules promulgated thereto; provided, that no "stop-sale" order shall be issued or attached to any seed without first giving the vendor an opportunity to comply with the provisions of this subarticle or to withdraw the seed from sale;&nbsp;</span></p> <p><span class="cls0">3. To furnish adequate facilities for seed testing and to employ qualified persons for making the tests;&nbsp;</span></p> <p><span class="cls0">4. To publish or cause to be published the results of the examination, analysis, and test of any agricultural or vegetable seed sampled in accordance with the provisions of this subarticle, together with any other information that the Board may deem advisable; &nbsp;</span></p> <p><span class="cls0">5. To cooperate with the United States Department of Agriculture in the enforcement of the Federal Seed Act where mutual understanding is reached by written cooperative agreement;&nbsp;</span></p> <p><span class="cls0">6. To issue a license to any person upon payment of Twenty-five Dollars ($25.00) for each license of a retail seed dealer or One Hundred Dollars ($100.00) for each license of a retail-wholesale seed dealer to be applied for by each seed dealer upon forms furnished for that purpose. Out-of-state wholesale and retail seed dealers who sell or ship agricultural or vegetable seed into this state shall obtain a license in the same manner. A separate license shall be required for each place of business. Each license shall expire on a date to be determined by the Board. Any license issued under the provisions of this subarticle may be revoked by the Board upon satisfactory proof that the licensee has violated any of the provisions of this subarticle or any of the rules;&nbsp;</span></p> <p><span class="cls0">7. To provide that any person in this state shall have the privilege of submitting seed samples for test, subject to the charges made for samples submitted as prescribed in rules promulgated by the Board;&nbsp;</span></p> <p><span class="cls0">8. To provide that any agricultural or vegetable seeds sold, distributed, offered for sale, or exposed for sale in this state, the person or vendor responsible for labeling and distributing the seed shall pay an inspection fee of not to exceed eight cents ($0.08) per hundred-pound weight. Every person responsible for labeling and distributing seed to a retail seed licensee in Oklahoma, or each retail seed licensee who processes and sells seed to the consumer on which the inspection fee has not been paid, shall file not later than the last day of January and July a semiannual affidavit, setting forth the number of pounds of seed sold for the preceding six (6) calendar months; and upon filing this statement shall pay the inspection fee required. Each person labeling and distributing seed shall keep records required by the Board to indicate accurately the number of pounds of seed sold;&nbsp;</span></p> <p><span class="cls0">9. To examine records and to verify the statement of the number of pounds of seed sold and the inspection fee reported. The form of the statement for reporting and paying the seed inspection fees on a semiannual basis shall be prescribed in rules of the Board. Failure to make an accurate statement of the number of pounds of seed sold and payment of the inspection fee shall be a misdemeanor, and constitute sufficient cause for the revocation of the person's Oklahoma Seed License and to take any other appropriate action provided under the law. An inspection fee penalty of ten percent (10%) of the amount due or Ten Dollars ($10.00), whichever is greater, shall be assessed if the semiannual statement is not submitted when due; and&nbsp;</span></p> <p><span class="cls0">10. To collect all fees and other money as provided in this subarticle and deposit the monies in the State Department of Agriculture Revolving Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 67, art. 8(B), &sect; 6, emerg. eff. June 3, 1955. Amended by Laws 1971, c. 34, &sect; 2, operative July 1, 1971; Laws 1983, c. 84, &sect; 3, eff. Nov. 1, 1983; Laws 2000, c. 367, &sect; 89, emerg. eff. June 6, 2000; Laws 2004, c. 109, &sect; 4.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-26.1. State preemption &ndash; Exception for taxation.&nbsp;</span></p> <p><span class="cls0">A. The Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way the regulation and enforcement of the registration, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the complete exclusion of any order, ordinance or regulation by any municipality or other political subdivision of this state.&nbsp;</span></p> <p><span class="cls0">B. No political subdivision shall regulate the registration, packaging, labeling, sale, storage, distribution, use or application of seeds. No political subdivision shall adopt or continue in effect local orders, ordinances, or regulations in this field, except for those relating to taxation relating to registration, packaging, labeling, sale, storage, distribution, use or application of seeds. Local legislation in violation of this section is void and unenforceable.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 58, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-8-27. Seizure - Condemnation.&nbsp;</span></p> <p><span class="cls0">Any agricultural seed or vegetable seed sold, offered for sale, or exposed for sale in violation of any of the provisions of this subarticle or rules promulgated thereto shall be subject to seizure on petition of the State Board of Agriculture to a court in the locality in which the seed is located. If the court finds the seed to be in violation of this subarticle and orders the condemnation of the seed, the seed shall be destroyed, reprocessed, relabeled, or disposed of in compliance with the laws of this state and as directed by the court.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 68, art. 8(B), &sect; 7. Amended by Laws 2000, c. 367, &sect; 90, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-28. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-29. Minor violations - Deficient inspection fees.&nbsp;</span></p> <p><span class="cls0">A. Nothing in Sections 8-21 through 8-28 of this title shall be construed as requiring the State Board of Agriculture or any authorized agent to report, for prosecution, or for the institution of seizure proceedings, minor violations of Sections 821 through 828 of this title when the Board determines that the public interest will best be served by a suitable notice of violation or written warning.&nbsp;</span></p> <p><span class="cls0">B. If the State Board of Agriculture finds any deficient inspection fees due, as a result of an audit of the records of any person subject to the provisions of Sections 821 through 828 of this title, the Board shall assess a penalty fee of ten percent (10%) maximum not to exceed Two Thousand Dollars ($2,000.00) of amount due, or One Hundred Dollars ($100.00), whichever is greater. The audit penalty shall be added to the deficient inspection fees due and payment made within thirty (30) days.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 69, art. 8(B), &sect; 9. Amended by Laws 1986, c. 151, &sect; 1, eff. Nov. 1, 1986; Laws 2000, c. 367, &sect; 91, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;28-31. Use of term "certified" Certification by foreign inspection agency State agencies for certification.&nbsp;</span></p> <p><span class="cls0">No person shall use the term "certified", alone or with other words, or use any other term or words which suggest certification by a designated inspection agency, orally or in writing, relative to any agricultural or vegetable seeds, any tubers for seeding purposes, or plants or plant parts, sold or advertised for sale in Oklahoma, except as provided by this subarticle. If the seeds, tubers, plants, or plant parts were produced in another state or foreign country, certification by the legally constituted certification officials of a state, country, or of the United States, shall be sufficient. Certification in Oklahoma shall be by the Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma State University, Division of Agricultural Sciences and Natural Resources, or by an agency which they designate.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 229, &sect; 1, emerg. eff. June 12, 1963. Amended by Laws 2001, c. 146, &sect; 10, emerg. eff. April 30, 2001. &nbsp;</span></p> <p><span class="cls0">Renumbered from &sect; 788.1 of this title by Laws 2001, c. 146, &sect; 248, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;28-32. Persons subject to subarticle Certification, what constitutes.&nbsp;</span></p> <p><span class="cls0">Every person who issues, uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead, marketing circular, written or printed representation, or description pertaining to seeds, tubers, plants, or plant parts intended for propagation or sale, which contains signs, symbols, maps, diagrams, pictures, words, or phrases, including but not limited to &ldquo;Oklahoma State Certified&rdquo;, &ldquo;State Certified&rdquo;, or &ldquo;Oklahoma Certified&rdquo;, which expressly or impliedly state or represent that the seeds or plant parts comply with the standards or requirements approved by the Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma State University, Division of Agricultural Sciences and Natural Resources, shall be subject to the provisions of this subarticle. Every issuance, use, or circulation of any certificate or any other instrument, as described in this section, shall be "certification".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 229, &sect; 2, emerg. eff. June 12, 1963. Amended by Laws 2001, c. 146, &sect; 11, emerg. eff. April 30, 2001. &nbsp;</span></p> <p><span class="cls0">Renumbered from &sect; 788.2 of this title by Laws 2001, c. 146, &sect; 248, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;28-33. Compliance with rules and requirements Single certification agency for one crop State agencies as sole authority.&nbsp;</span></p> <p><span class="cls0">Every person subject to the provisions of this subarticle shall comply with all rules and requirements specified by the Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma State University, Division of Agricultural Sciences and Natural Resources regarding:&nbsp;</span></p> <p><span class="cls0">1. What crops grown or to be grown in Oklahoma shall be eligible for certification;&nbsp;</span></p> <p><span class="cls0">2. The process of certification, either by Oklahoma State University directly or by agents or agencies authorized by it for the purpose; and&nbsp;</span></p> <p><span class="cls0">3. Standards, requirements, and forms for certification.&nbsp;</span></p> <p><span class="cls0">Not more than one agent or agency for certification shall be designated for any one specified crop. No certification within the provisions of this subarticle shall be made or authorized except through the Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma State University, Division of Agricultural Sciences and Natural Resources.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 229, &sect; 3, emerg. eff. June 12, 1963. Amended by Laws 2001, c. 146, &sect; 12, emerg. eff. April 30, 2001. &nbsp;</span></p> <p><span class="cls0">Renumbered from &sect; 788.3 of this title by Laws 2001, c. 146, &sect; 248, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;28-34. Selfsupporting basis.&nbsp;</span></p> <p><span class="cls0">Certification work, whether conducted by the Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma State University, Division of Agricultural Sciences and Natural Resources, or by an agency designated by them, shall be on a selfsupporting basis and shall not be performed for financial profit.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 229, &sect; 4, emerg. eff. June 12, 1963. Amended by Laws 2001, c. 146, &sect; 13, emerg. eff. April 30, 2001. &nbsp;</span></p> <p><span class="cls0">Renumbered from &sect; 788.4 of this title by Laws 2001, c. 146, &sect; 248, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;28-35. Nonliability of state agencies.&nbsp;</span></p> <p><span class="cls0">The Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma State University, Division of Agricultural Sciences and Natural Resources shall not be financially responsible for debts incurred by, damages inflicted by, or contracts broken by designated certifying agencies in conducting certification work as authorized by this subarticle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 229, &sect; 5, emerg. eff. June 12, 1963. Amended by Laws 2001, c. 146, &sect; 14, emerg. eff. April 30, 2001. Renumbered from &sect; 788.5 of this title by Laws 2001, c. 146, &sect; 248, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;28-36. Penalties.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person to issue, make, use, or circulate any certification without the authority and approval of the Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma State University, Division of Agricultural Sciences and Natural Resources, or its duly authorized agency. Every person who violates any of the provisions of this subarticle pertaining to certification shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 229, &sect; 6, emerg. eff. June 12, 1963. Amended by Laws 2001, c. 146, &sect; 15, emerg. eff. April 30, 2001. Renumbered from &sect; 788.6 of this title by Laws 2001, c. 146, &sect; 248, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;28-36.1. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purposes of this subarticle, "fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi or bacteria.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 5, &sect; 1. Amended by Laws 2001, c. 146, &sect; 16, emerg. eff. April 30, 2001. Renumbered from &sect; 791 of this title by Laws 2001, c. 146, &sect; 248, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;28-36.2. Chemically treated seed to be sold separately Marking.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful to distribute, sell, or offer for sale, for other than seeding purposes, within the State of Oklahoma, any barley, corn, cotton, oats, peanuts, rye, sorghums, soybeans, wheat, or other seed, cereals, or grain that has been treated with a fungicide, unless it is sold separately from untreated seed or grain, and a certificate, affidavit, or tag accompanies the sale stating that the grain, seed, or cereal has been chemically treated and cannot be used for "food, feed, or oil purposes".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 5, &sect; 2. Amended by Laws 2001, c. 146, &sect; 17, emerg. eff. April 30, 2001. Renumbered from &sect; 792 of this title by Laws 2001, c. 146, &sect; 248, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;28-36.3. Penalty.&nbsp;</span></p> <p><span class="cls0">Any person violating any of the provisions of this subarticle shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 5, &sect; 3. Amended by Laws 2001, c. 146, &sect; 18, emerg. eff. April 30, 2001. Renumbered from &sect; 793 of this title by Laws 2001, c. 146, &sect; 248, emerg. eff. April 30, 2001.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2841.1. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Oklahoma Commercial Feed Law".&nbsp;</span></p> <p class="cls2"><span class="cls0">Added by Laws 1984, c. 15, &sect; 1, eff. July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;2841.2. Administration of act.&nbsp;</span></p> <p><span class="cls0">This act shall be administered by the Board of Agriculture of the State of Oklahoma, hereinafter referred to as the "Board".&nbsp;</span></p> <p class="cls2"><span class="cls0">Added by Laws 1984, c. 15, &sect; 2, eff. July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;2-8-41.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Commercial Feed Law:&nbsp;</span></p> <p><span class="cls0">1. "Brand name" means any word, name, symbol, device, or combination identifying the commercial feed of a distributor or licensee;&nbsp;</span></p> <p><span class="cls0">2. "Commercial feed" means all materials except whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of paragraph 1 of Section 8-41.7 of this title, which are distributed for use as feed or for mixing in feed. The term &ldquo;commercial feed&rdquo; shall not include:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;any feed or any ingredient of feed which is to be used by a contract feeder and fed to livestock and poultry, owned solely by the manufacturer of the feed, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;hay, straw, stover, silage, cobs, husks, hulls, individual chemical compounds or substances or other such commodities when these ingredient sources are not intermixed or mixed with other materials, and are not adulterated within the meaning of Section 8-41.7 of this title, such commodities shall also be exempt from the provisions of this subarticle;&nbsp;</span></p> <p><span class="cls0">3. "Contract feeder" means a person who as an independent contractor feeds animals pursuant to a contract, the feed is supplied, furnished, or provided to another person and the feeder's renumeration is determined solely or in part by feed consumption, mortality, profits, or amount or quality of product;&nbsp;</span></p> <p><span class="cls0">4. "Customer-formula feed" means commercial feed consisting of a mixture of commercial feeds or feed ingredients. Each batch is manufactured according to the specific instructions of the final purchaser;&nbsp;</span></p> <p><span class="cls0">5. "Deleterious substance" means any substance including, but not limited to, dust, dirt, filth, or excrement derived from insects, birds, except domestic poultry litter, rodents, or other animals that may render a feed material harmful or injurious when consumed by animals;&nbsp;</span></p> <p><span class="cls0">6. "Distribute" means to offer for sale, sell, exchange, barter, supply, furnish, or provide commercial feed;&nbsp;</span></p> <p><span class="cls0">7. "Distributor" means any person who distributes feed or feed ingredients;&nbsp;</span></p> <p><span class="cls0">8. "Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans and articles other than feed intended to affect the structure or any function of the animal body;&nbsp;</span></p> <p><span class="cls0">9. "Feed ingredient" means each of the constituent materials making up a commercial feed;&nbsp;</span></p> <p><span class="cls0">10. "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;&nbsp;</span></p> <p><span class="cls0">11. "Labeling" means all labels and other written, printed, or graphic matter upon commercial feed or any of its containers or wrappers accompanying the commercial feed;&nbsp;</span></p> <p><span class="cls0">12. "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution;&nbsp;</span></p> <p><span class="cls0">13. "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients;&nbsp;</span></p> <p><span class="cls0">14. "Official sample" means any sample of feed taken by an authorized agent of the State Board of Agriculture;&nbsp;</span></p> <p><span class="cls0">15. "Percent" or "percentages" means a portion of each hundred units of weight;&nbsp;</span></p> <p><span class="cls0">16. "Pet" means any domesticated animal normally maintained in or near the household of the animal's owner;&nbsp;</span></p> <p><span class="cls0">17. "Pet food" means any commercial feed prepared and distributed for consumption by dogs or cats;&nbsp;</span></p> <p><span class="cls0">18. "Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use;&nbsp;</span></p> <p><span class="cls0">19. "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank, including, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles;&nbsp;</span></p> <p><span class="cls0">20. "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets; and&nbsp;</span></p> <p><span class="cls0">21. "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 15, &sect; 3, eff. July 1, 1985. Amended by Laws 1986, c. 125, &sect; 1, eff. Nov. 1, 1986; Laws 1995, c. 163, &sect; 1, eff. July 1, 1995; Laws 2000, c. 367, &sect; 92, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-41.4. Licenses &ndash; Application &ndash; Fees &ndash; Suspension - Violations.&nbsp;</span></p> <p><span class="cls0">A. 1. Valid licenses are required by all persons whose name appears on the label or invoice as the guarantor manufacturing or distributing of a commercial feed product in this state. The license application must list each manufacturing and distribution facility which is or will be engaged in distributing any feed sold, offered for sale, or distributed by the applicant. No license is required of a person retailing or wholesaling commercial feed labeled and guaranteed by another manufacturer. Any out-of-state person who has no distribution facility within this state shall obtain a license for the entity's principal out-of-state office if the out-of-state person or other entity sells, offers or exposes for sale, or distributes any commercial feed in this state.&nbsp;</span></p> <p><span class="cls0">2. Application shall be made on a form furnished by the State Board of Agriculture.&nbsp;</span></p> <p><span class="cls0">3. The Board may establish an annual fee for licensing distributors pursuant to the provisions of the Oklahoma Commercial Feed Law. The Board shall follow the procedures required by the Administrative Procedures Act for promulgation of rules in establishing the licensing fees.&nbsp;</span></p> <p><span class="cls0">4. Licenses shall be renewed on a date to be determined by the Board. Commercial feed license renewal applications received thirty (30) days or more after the renewal date shall be subject to a late filing fee of Fifty Dollars ($50.00).&nbsp;</span></p> <p><span class="cls0">B. Any license may be suspended, canceled, revoked, or refused reissue by the Board after notice and opportunity for a hearing has been given to the holder of the license in accordance with the Administrative Procedures Act. Notice shall be given to the holder of the license by registered or certified mail at least twenty (20) days prior to the date of the hearing. The suspension, cancellation, revocation, refusal to issue, or reissue may be made if the Board finds any violation of the Oklahoma Commercial Feed Law or of rules or standards prescribed by the Board.&nbsp;</span></p> <p><span class="cls0">C. When the Board has reasonable cause to believe a violation of the law may exist, copies of labels and labeling of commercial feed being distributed may be requested in order to determine compliance with the provisions of the Oklahoma Commercial Feed Law, Section 8-41.1 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 15, &sect; 4, eff. July 1, 1985. Amended by Laws 1995, c. 163, &sect; 2, eff. July 1, 1995; Laws 2000, c. 367, &sect; 93, emerg. eff. June 6, 2000; Laws 2004, c. 109, &sect; 5.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-41.5. Feed labels.&nbsp;</span></p> <p><span class="cls0">A commercial feed shall be labeled as follows:&nbsp;</span></p> <p><span class="cls0">1. A commercial feed, except a customerformula feed, shall be accompanied by a label bearing the following information:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;net contents statement (weight or volume),&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the product name and the brand name, if any, under which the commercial feed is distributed,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;the guaranteed analysis stated in such terms as the State Board of Agriculture by rules determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by the Association of Official Analytical Chemists International,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;the official, common, or usual name of each ingredient used in the manufacture of the commercial feed. The Board by rule may permit the use of a collective term for a group of ingredients which perform a similar function, or they may exempt commercial feeds, or any group, from this requirement of an ingredient statement if they find that the statement is not required in the interest of consumers,&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;the name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed,&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;adequate directions for use for all commercial feeds containing drugs and for other feeds as the Board may require for their safe and effective use, and&nbsp;</span></p> <p class="cls3"><span class="cls0">g.&nbsp;&nbsp;precautionary statements the Board determines are necessary for the safe and effective use of the commercial feed;&nbsp;</span></p> <p><span class="cls0">2. Label format shall comply with applicable state and/or federal packaging and labeling regulations; and&nbsp;</span></p> <p><span class="cls0">3. A customerformula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;name and address of the manufacturer,&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;name and address of the purchaser,&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;date of delivery,&nbsp;</span></p> <p class="cls3"><span class="cls0">d.&nbsp;&nbsp;the product name and brand name, if any, the net weight of each commercial feed used in the mixture, and the net weight of each ingredient used,&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;adequate directions for use for all customerformula feeds containing drugs and for other feeds the Board may require for their safe and effective use,&nbsp;</span></p> <p class="cls3"><span class="cls0">f.&nbsp;&nbsp;the direction for use and precautionary statements as required by the Board, and&nbsp;</span></p> <p class="cls3"><span class="cls0">g.&nbsp;&nbsp;if a drugcontaining product is used:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;the purpose of the medication (claim statement), and&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;the established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with rules promulgated by the Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 15, &sect; 5, eff. July 1, 1985. Amended by Laws 1995, c. 163, &sect; 3, eff. July 1, 1995; Laws 2000, c. 367, &sect; 94, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-41.6. Misbranding.&nbsp;</span></p> <p><span class="cls0">A commercial feed shall be misbranded if:&nbsp;</span></p> <p><span class="cls0">1. Its labeling is false or misleading in any particular;&nbsp;</span></p> <p><span class="cls0">2. It is distributed under the name of another commercial feed;&nbsp;</span></p> <p><span class="cls0">3. It is not labeled as required in Section 8-41.5 of this title;&nbsp;</span></p> <p><span class="cls0">4. It purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by the State Board of Agriculture; and&nbsp;</span></p> <p><span class="cls0">5. Any word, statement, or other information required by this subarticle to appear on the label or labeling is not prominently placed with conspicuousness as compared with other words, statements, designs, or devices in the labeling, and in terms likely to be read and understood by the individual purchasing and using the product.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 15, &sect; 6, eff. July 1, 1985. Amended by Laws 2000, c. 367, &sect; 95, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-41.7. Adulteration.&nbsp;</span></p> <p><span class="cls0">A commercial feed shall be adulterated if:&nbsp;</span></p> <p class="cls3"><span class="cls0">1.&nbsp;&nbsp;a.&nbsp;&nbsp;it contains any poisonous or deleterious substance which may render it injurious to health. If the substance is not an added substance, the commercial feed shall not be considered adulterated under this subsection if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health when utilized according to label and/or labeling directions, or&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;it contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act other than one which is:&nbsp;</span></p> <p class="cls5"><span class="cls0">(1)&nbsp;&nbsp;a pesticide chemical in or on a raw agricultural commodity; or&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;a food additive, or&nbsp;</span></p> <p class="cls3"><span class="cls0">c.&nbsp;&nbsp;it is, or contains, any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act, or&nbsp;</span></p> <p class="cls3"><span class="cls13">d.&nbsp;&nbsp;<span class="cls14">it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act. Provided, that where a pesticide chemical has been used in or on a raw agricultural commodity pursuant to an exemption or a tolerance under Section 408 of the Federal Food, Drug, and Cosmetic Act and the raw agricultural commodity has been subjected to processing similar to canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed feed shall not be deemed unsafe if:&nbsp;</span></span></p> <p class="cls18"><span class="cls0">(1) the residue has been removed to the extent possible in good manufacturing practice, and&nbsp;</span></p> <p class="cls18"><span class="cls0">(2) the concentration of the residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of the processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act, or&nbsp;</span></p> <p class="cls3"><span class="cls0">e.&nbsp;&nbsp;it is or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act;&nbsp;</span></p> <p><span class="cls0">2. Any valuable constituent has been in whole or in part omitted or abstracted or any less valuable substance substituted;&nbsp;</span></p> <p><span class="cls0">3. Its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;&nbsp;</span></p> <p><span class="cls0">4. It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules promulgated by the State Board of Agriculture to assure that the drug meets the requirement of this subarticle as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating the rules, the Board shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless the Board determines that they are not appropriate to the conditions which exist in this state; or&nbsp;</span></p> <p><span class="cls0">5. If it contains viable weed seeds in amounts exceeding the limits the Board shall establish.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 15, &sect; 7, eff. July 1, 1985. Amended by Laws 1995, c. 163, &sect; 4, eff. July 1, 1995; Laws 2000, c. 367, &sect; 96, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-41.8. Prohibited acts.&nbsp;</span></p> <p><span class="cls0">The following acts are prohibited:&nbsp;</span></p> <p><span class="cls0">1. The manufacture or distribution of any commercial feed that is adulterated or misbranded;&nbsp;</span></p> <p><span class="cls0">2. The adulteration or misbranding of any commercial feed;&nbsp;</span></p> <p><span class="cls0">3. The distribution of agricultural commodities like whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of paragraph 1 of Section 8-41.7 of this title;&nbsp;</span></p> <p><span class="cls0">4. The removal or disposal of a commercial feed in violation of an order under Section 8-41.12 of this title;&nbsp;</span></p> <p><span class="cls0">5. The failure or refusal to obtain a commercial feed license in accordance with Section 8-41.4 of this title;&nbsp;</span></p> <p><span class="cls0">6. The violation of subsection C of Section 8-41.13 of this title; and&nbsp;</span></p> <p><span class="cls0">7. Failure to pay inspection fees and file reports as required by Section 8-41.9 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 15, &sect; 8, eff. July 1, 1985. Amended by Laws 1995, c. 163, &sect; 5, eff. July 1, 1995; Laws 2000, c. 367, &sect; 97, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-41.9. Inspection fee - Responsible parties.&nbsp;</span></p> <p><span class="cls0">A. An inspection fee at the rate of fifteen cents ($0.15) per ton shall be paid on commercial feeds and/or feed ingredients distributed in this state by the person whose name appears on the label as the manufacturer, guarantor, or distributor, except that a person other than the manufacturer, guarantor, or distributor may assume liability for the inspection fee, subject to the following:&nbsp;</span></p> <p><span class="cls0">1. No fee shall be paid on a commercial feed if the payment has been made by a previous distributor;&nbsp;</span></p> <p><span class="cls0">2. The minimum inspection fee shall be Ten Dollars ($10.00) semi-annually;&nbsp;</span></p> <p><span class="cls0">3. No fee shall be paid on commercial feeds or feed ingredients used in customer-formula feeds if the inspection fee has been previously paid on those ingredients; and&nbsp;</span></p> <p><span class="cls0">4. No fee shall be paid on customer-formula feed ingredients that have been furnished by the final purchaser on which a processing fee has been paid.&nbsp;</span></p> <p><span class="cls0">B. Each person who is liable for the payment of the fee shall:&nbsp;</span></p> <p><span class="cls0">1. File, not later than the last day of January and July of each year, a semi-annual statement listing the number of net tons of commercial feeds distributed in this state during the preceding semi-annual period; and upon filing the statement shall pay the inspection fee at the rate stated in subsection A of this section. Inspection fees which are due and have not been remitted to the State Board of Agriculture within fifteen (15) days following the date due shall have a penalty fee of ten percent (10%) (Fifty Dollars ($50.00) minimum) added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the Board from taking other actions as provided in this act; and&nbsp;</span></p> <p><span class="cls0">2. Keep records required by the Board to indicate accurately the tonnage of commercial feed distributed in this state, and the Board shall have the right to examine these records to verify statements of tonnage. Failure to make an accurate statement of tonnage, failure to pay the inspection fee, or falsifying information or failure to comply shall constitute sufficient cause for the cancellation of the commercial feed license.&nbsp;</span></p> <p><span class="cls0">C. Fees collected shall be deposited with the State Department of Agriculture Revolving Fund.&nbsp;</span></p> <p><span class="cls0">D. If the Board finds any deficient inspection fees due, as a result of an audit of the records of any person subject to the provisions of the Oklahoma Commercial Feed Law, the Board shall assess a penalty fee of ten percent (10%) maximum not to exceed Two Thousand Dollars ($2,000.00) of amount due, or One Hundred Dollars ($100.00), whichever is greater. The audit penalty shall be added to the deficient inspection fees due and payment made within thirty (30) days.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 15, &sect; 9, eff. July 1, 1985. Amended by Laws 1986, c. 151, &sect; 2, eff. Nov. 1, 1986; Laws 1995, c. 163, &sect; 6, eff. July 1, 1995; Laws 2000, c. 367, &sect; 98, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-41.10. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-41.11. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-41.12. "Stop Sale" orders - "Condemnation and Confiscation".&nbsp;</span></p> <p><span class="cls0">A. "Stop Sale" orders: When the State Board of Agriculture has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this act or rules, it may issue and enforce a written or printed "Stop Sale" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the Board or the court. The Board shall release the lot of commercial feed withdrawn when all requirements have been met. If compliance is not obtained within thirty (30) days, the Board may begin, or upon request of the distributor or licensee shall begin, proceedings for condemnation.&nbsp;</span></p> <p><span class="cls0">B. "Condemnation and Confiscation": Any lot of commercial feed not in compliance with the law shall be subject to seizure on complaint of the Board to a court in the area in which the commercial feed is located. In the event the court finds the commercial feed to be in violation of this subarticle and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. In no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this subarticle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 15, &sect; 12, eff. July 1, 1985. Amended by Laws 1995, c. 163, &sect; 8, eff. July 1, 1995; Laws 2000, c. 367, &sect; 99, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-41.13. Minor violations - Judicial review - Penalties.&nbsp;</span></p> <p><span class="cls0">A. Nothing in this subarticle shall be construed as requiring the State Board of Agriculture or its representative to:&nbsp;</span></p> <p><span class="cls0">1. Report for prosecution; or&nbsp;</span></p> <p><span class="cls0">2. Institute seizure proceedings; or&nbsp;</span></p> <p><span class="cls0">3. Issue a "Stop Sale" order, as a result of minor violations of this subarticle, or when the public interest will best be served by a suitable notice of violation or written warning.&nbsp;</span></p> <p><span class="cls0">B. Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this subarticle may within fortyfive (45) days bring action in the Oklahoma County District Court for judicial review.&nbsp;</span></p> <p><span class="cls0">C. Any person who uses any information acquired concerning any method, records, formulations, or processes which is entitled to protection as a trade secret for personal advantage, or reveals that information to other than the Board, or the courts when relevant in any judicial proceeding, is guilty of a misdemeanor. This prohibition shall not prohibit the Board from exchanging information of a regulatory nature with duly appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 15, &sect; 13, eff. July 1, 1985. Amended by Laws 2000, c. 367, &sect; 100, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-41.14. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-41.15. Publication of commercial feed information.&nbsp;</span></p> <p><span class="cls0">The State Board of Agriculture may publish information concerning the sales of commercial feeds, together with the data on their production and use as it may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed on the label. The information concerning production and use of commercial feed shall not disclose the operations of any person.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 15, &sect; 15, eff. July 1, 1985. Amended by Laws 1995, c. 163, &sect; 9, eff. July 1, 1995; Laws 2000, c. 367, &sect; 101, emerg. eff. June 6, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-41.16. Environmental jurisdiction.&nbsp;</span></p> <p><span class="cls0">A. The Department of Environmental Quality shall have environmental jurisdiction over:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Slaughterhouses, but not including feedlots at these facilities; and&nbsp;</span></p> <p><span class="cls0">3. Aquaculture and fish hatcheries,&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Facilities which store 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 such storm water discharges.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 145, &sect; 249, eff. July 1, 1993. Amended by Laws 1993, c. 324, &sect; 45, eff. July 1, 1993; Laws 1994, c. 140, &sect; 27, eff. Sept. 1, 1994; Laws 1999, c. 413, &sect; 12, eff. Nov. 1, 1999; Laws 2000, c. 367, &sect; 102, emerg. eff. June 6, 2000; Laws 2006, c. 201, &sect; 3, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;2-8-61. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-61.a. Manipulated manures - Exemption from registration and inspection requirements - Violations - Penalties.&nbsp;</span></p> <p><span class="cls0">A. Any person operating a business that is engaged in the distribution, use, or sale of manipulated manures shall not be subject to the provisions of Sections 8-62 and 8-64 of Title 2 of the Oklahoma Statutes for the sale, use or distribution of such manipulated manures if:&nbsp;</span></p> <p><span class="cls0">1. the manipulated manures offered for sale, sold, or distributed in this state in bulk do not reflect by label or otherwise any warrantees or guarantees of the contents of such manures other than the animal sources of the manures; and&nbsp;</span></p> <p><span class="cls0">2. the person engaged in the selling, use, or sale of manipulated manures does not in any manner make or offer any warrantees or guarantees of the manipulated manures other than the animal sources of the manures. The provisions of this paragraph shall not prohibit a person engaged in the selling, use, or sale of manipulated manures from providing the consumer information regarding analysis of manipulated manures.&nbsp;</span></p> <p><span class="cls0">B. Any person violating the provisions of this section, in addition to any other penalties authorized by the fertilizer laws of this state, shall be subject to a revocation of the exemption offered by the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 99, &sect; 2, emerg. eff. April 25, 1991.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-8-61a. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-62. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-63. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-64. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-65. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-66. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-67. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-68a. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-69. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-70. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-71. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-72. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-73. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-74. Repealed by Laws 2000, c. 367, &sect; 136, emerg. eff. June 6, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;2-8-77.1. Short title - Purpose.&nbsp;</span></p> <p><span class="cls0">A. Sections 8-77.1 through 8-77.18 of this subarticle shall be known and may be cited as the "Oklahoma Fertilizer Act".&nbsp;</span></p> <p><span class="cls0">B. The purpose of the Oklahoma Fertilizer Act is to provide assurances to the consumer that fertilizer products are properly identified, and that the quality represented by the manufacturer is accurate as well as for regulation of the storage, use, and application of fertilizer to protect the consumer and the environment.&nbsp;</span></p> <p><span class="cls0">C. The Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way the regulation and enforcement of the registration, labeling, sale, storage, transportation, distribution, notification of use, and agricultural use of fertilizer to the complete exclusion of any order, ordinance or regulation by any municipality or other political subdivision of this state.&nbsp;</span></p> <p><span class="cls0">D. No political subdivision shall regulate the registration, packaging, labeling, sale, storage, distribution, agricultural use or application of fertilizer. No political subdivision shall adopt or continue in effect local orders, ordinances, or regulations in this field, except for those relating to nonagricultural use or application or taxation relating to registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers. Local legislation in violation of this section is void and unenforceable.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 103, emerg. eff. June 6, 2000. Amended by Laws 2002, c. 383, &sect; 3, eff. July 1, 2002; Laws 2005, c. 177, &sect; 1, eff. July 1, 2005.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-8-77.2. Official agency.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Fertilizer Act shall be administered by the State Board of Agriculture.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 104, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-8-77.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Fertilizer Act:&nbsp;</span></p> <p><span class="cls0">1. "Brand" means a term, design, or trademark used in connection with one or several grades of fertilizer;&nbsp;</span></p> <p><span class="cls0">2. "Broker" means a person who negotiates sales and purchases between a manufacturer, distributor, final consumer, or retailer of fertilizer;&nbsp;</span></p> <p><span class="cls0">3. "Bulk fertilizer" means fertilizer distributed in a nonpackaged form;&nbsp;</span></p> <p><span class="cls0">4. "Commercial fertilizer" means fertilizer sold in bulk quantities or packages greater than thirty (30) pounds;&nbsp;</span></p> <p><span class="cls0">5. "Custom blend" means fertilizer formulated according to specifications furnished by the final consumer;&nbsp;</span></p> <p><span class="cls0">6. "Custom blender" means a person who mixes or commingles fertilizer into a custom blend and who distributes the special blend. A custom blender shall not be required to register each grade of fertilizer in the following circumstances:&nbsp;</span></p> <p class="cls3"><span class="cls0">a.&nbsp;&nbsp;the custom blend is formulated according to specifications furnished by the ultimate consumer prior to mixing, and&nbsp;</span></p> <p class="cls3"><span class="cls0">b.&nbsp;&nbsp;the custom blend is prepared by a lawn care or tree service company that mixes or commingles fertilizer and who applies the special blend for the ultimate consumer;&nbsp;</span></p> <p><span class="cls0">7. "Deficiency" means the amount of nutrient found by analysis less than that guaranteed, which may result from a lack of nutrient ingredients or from lack of uniformity;&nbsp;</span></p> <p><span class="cls0">8. "Distribute" means to import, consign, manufacture, blend, offer for sale, sell, barter, commercially apply, or supply fertilizer in this state including, but not limited to, the delivery of bagged, labeled and registered fertilizer to a nonregistrant that sells the fertilizer in this state;&nbsp;</span></p> <p><span class="cls0">9. "Distributor" means any person who distributes fertilizer;&nbsp;</span></p> <p><span class="cls0">10. "Fertilizer" means any substance containing one or more recognized plant nutrients which are used for its plant nutrient content and is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, and wood ashes;&nbsp;</span></p> <p><span class="cls0">11. "Fertilizer dealer" means any person operating a business that is engaged in the distribution or sale of fertilizer. The term "fertilizer dealer" shall not include an ultimate consumer who is engaged in the physical act of application of fertilizer or a retail store selling only bagged registered commercial fertilizer other than bagged ammonium nitrate;&nbsp;</span></p> <p><span class="cls0">12. "Grade" means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers. Specialty fertilizer may be guaranteed in fractional units of less than one percent (1%) of total nitrogen, available phosphate, and soluble potash. Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units;&nbsp;</span></p> <p><span class="cls0">13. "Guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form:&nbsp;</span></p> <p><span class="cls0">Total Nitrogen (N)&nbsp;&nbsp;________%&nbsp;</span></p> <p><span class="cls0">Available Phosphate (P2O5)&nbsp;&nbsp;________%&nbsp;</span></p> <p><span class="cls0">Soluble Potash (K2O)&nbsp;&nbsp;________%.&nbsp;</span></p> <p><span class="cls0">When any plant nutrients, substances, or compounds are guaranteed, they shall be subject to inspection and analysis;&nbsp;</span></p> <p><span class="cls0">14. "Guarantor" means the person responsible to the State Board of Agriculture for any claims or guarantees associated with the manufacture, distribution, and use of a fertilizer;&nbsp;</span></p> <p><span class="cls0">15. "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer;&nbsp;</span></p> <p><span class="cls0">16. "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying fertilizer;&nbsp;</span></p> <p><span class="cls0">17. "Labeling" means all written, printed, or graphic matter, upon or accompanying any fertilizer, or advertisements, brochures, posters, or television and radio announcements used in promoting the sale of fertilizer;&nbsp;</span></p> <p><span class="cls0">18. "Licensee" means the person receiving a license to distribute fertilizer under the provisions of the Oklahoma Fertilizer Act;&nbsp;</span></p> <p><span class="cls0">19. "Manipulated manures" means substances composed primarily of animal excreta, plant remains, or mixtures of these substances which have been processed by natural or mechanical drying or composting and no other chemicals have been added;&nbsp;</span></p> <p><span class="cls0">20. "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials;&nbsp;</span></p> <p><span class="cls0">21. "Official sample" means any sample of fertilizer taken by an authorized agent of the Board;&nbsp;</span></p> <p><span class="cls0">22. "Percent" or "percentage" means the portion of each hundred units of weight;&nbsp;</span></p> <p><span class="cls0">23. "Primary nutrient" means total nitrogen, available phosphate, and soluble potash;&nbsp;</span></p> <p><span class="cls0">24. "Registrant" means the person registering fertilizer under the provisions of the Oklahoma Fertilizer Act;&nbsp;</span></p> <p><span class="cls0">25. "Specialty fertilizer" means fertilizer sold in packages of less than thirty (30) pounds;&nbsp;</span></p> <p><span class="cls0">26. "Ton" means a net weight of two thousand (2,000) pounds avoirdupois;&nbsp;</span></p> <p><span class="cls0">27. "Ultimate consumer" means a person who receives fertilizer for personal use. The term "ultimate consumer" shall not include a person distributing fertilizer for profit to the general public; and&nbsp;</span></p> <p><span class="cls0">28. "Unmanipulated manures" means substances composed primarily of excreta, plant remains, or mixtures of these substances which have not been processed in any manner.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 105, emerg. eff. June 6, 2000. Amended by Laws 2002, c. 383, &sect; 4, eff. July 1, 2002; Laws 2003, c. 165, &sect; 1, emerg. eff. May 5, 2003; Laws 2003, c. 242, &sect; 7, emerg. eff. May 23, 2003; Laws 2005, c. 177, &sect; 2, eff. July 1, 2005.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-8-77.4. Manipulated manures &ndash; Exemptions.&nbsp;</span></p> <p><span class="cls0">Any person operating a business engaged in the distribution or sale of manipulated manures shall not be subject to provisions of Sections 8-77.5 through 8-77.7 of this title if manipulated manures offered for sale, sold, or distributed do not reflect by label any warrantees or guarantees of the contents of the manures other than the animal sources of the manures.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 106, emerg. eff. June 6, 2000.&nbsp;</span></p> <p class="cls2">&nbsp;</p> <p><span class="cls0">&sect;2-8-77.5. Registration - Licensing - Fees - Penalties.&nbsp;</span></p> <p><span class="cls0">A. The annual license fee for persons operating a business engaged in the distribution or sale of fertilizer shall be Fifty Dollars ($50.00) and expire on a date to be determined by the State Board of Agriculture.&nbsp;</span></p> <p><span class="cls0">B. All fertilizer dealers shall obtain a license from the Board for each business location.&nbsp;</span></p> <p><span class="cls0">C. An application for license shall include:&nbsp;</span></p> <p><span class="cls0">1. The name and address of licensee; and&nbsp;</span></p> <p><span class="cls0">2. The name and address of each business location in the state.&nbsp;</span></p> <p><span class="cls0">The licensee shall inform the Board in writing of additional business locations established during the period of the license.&nbsp;</span></p> <p><span class="cls0">D. No person, whose name appears on the label, shall distribute in this state fertilizer until it is registered with the Board by such person. An application for each brand and product name of each grade of fertilizer shall be made on a form furnished by the Board. Upon the approval of an application by the Board, a copy of the registration shall be furnished to the applicant. A distributor shall not be required to register any fertilizer which is already registered under the Oklahoma Fertilizer Act by another person, provided the label does not differ in any respect.&nbsp;</span></p> <p><span class="cls0">E. Registrations for commercial fertilizer products sold in bulk quantities or packages of greater than thirty (30) pounds shall be permanent unless cancelled by the registrant or the Board.&nbsp;</span></p> <p><span class="cls0">F. 1. Registrations for specialty fertilizer products sold in packages of less than thirty (30) pounds shall pay a one-hundred-dollar registration fee for each product.&nbsp;</span></p> <p><span class="cls0">2. Specialty fertilizer product registrations shall expire on June 30 of each year.&nbsp;</span></p> <p><span class="cls0">3. If the Board finds any specialty fertilizer products that have not been registered, a penalty of One Hundred Dollars ($100.00) per product will be assessed. The penalty shall be added to the registration fee and payment shall be made within thirty (30) days after receipt of notice.&nbsp;</span></p> <p><span class="cls0">G. A custom blender shall not be required to register each grade of fertilizer formulated according to specifications which are furnished by the final consumer prior to mixing, but shall be required to be licensed and shall be the guarantor of that custom blend.&nbsp;</span></p> <p><span class="cls0">H. An application for registration shall include the following:&nbsp;</span></p> <p><span class="cls0">1. The brand and grade;&nbsp;</span></p> <p><span class="cls0">2. The guaranteed analysis;&nbsp;</span></p> <p><span class="cls0">3. Name and address of the registrant; &nbsp;</span></p> <p><span class="cls0">4. Net weight for packaged fertilizer; and&nbsp;</span></p> <p><span class="cls0">5. Oklahoma fertilizer license number.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 367, &sect; 107, emerg. eff. June 6, 2000. Amended by Laws 2002, c. 383