A. 1. The provisions of this section apply to a prescribed burn.
2. Any owner wishing to set fire to land in order to conduct a prescribed burn shall comply with the provisions of this section.
B. 1. Within sixty (60) days prior to conducting a prescribed burn, the owner of land to be burned shall orally or in writing notify all landowners whose lands adjoin the owner’s land to be burned.
2. If any landowner is burning on a large, consolidated tract of land in which there are multiple adjacent owners, only those owners with adjoining land within one (1) mile of the proposed burn area must be notified.
3. The owner shall include in the written notice or shall orally notify the adjoining landowners of the proposed date and location of the burn and a telephone number where the owner can be reached for information regarding the prescribed burn.
C. In addition to notification of adjoining property owners pursuant to subsection B of this section, the owner of the land to be burned shall complete the prescribed burn notification plan specified in subsection D of this section and shall submit such plan to the rural fire department nearest the land to be burned. If the land to be burned is in a protection area, the owner shall also submit a copy of the notification plan to the local office or local representative of the Forestry Division nearest to the land to be burned.
D. Any person wishing to conduct a prescribed burn shall complete this form, distributed by the Oklahoma Department of Agriculture, Food, and Forestry, which shall be in substantially the following form:
Name_______________________________________ Phone____________
Address_____________________________________ County____________
City, State, Zip_______________________________________________
Ranch name, if any_____________________________________________
Area to be burned______________________________________________
Approximate acres to be burned_________________________________
Written distance description of location_______________________
_______________________________________________________________
Projected time frame___________________________________________
Date of previous burn__________________________________________
Objectives to be accomplished through the prescribed burn:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Contact information:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Rural Fire Department:
Name:Location:Phone No.:
_____________________________________________________________
_____________________________________________________________
Forestry District Office (for protection areas)______________
_____________________________________________________________
Adjoining landowners:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
The original copy of the form must be filed with the rural fire department nearest to the land to be burned. If conducting a prescribed burn within a protection area, a copy of the prescribed burn notification plan must be filed with the local office or local representative of the Forestry Division nearest to the land to be burned. A copy of the plan shall be retained by the owner of the land to be burned.
E. 1. Whether the land is located within or outside a protection area, the owner of land to be burned shall, within forty-eight (48) hours of conducting a prescribed burn, notify the rural fire department receiving a copy of the prescribed burn notification plan that the prescribed burn will be conducted.
2. Within a protection area, the owner of land to be burned shall also, within the time period required by Section 7 of this act, notify the local office or local representative of the Forestry Division receiving a copy of the prescribed burn notification plan.
F. A prescribed burn conducted pursuant to provisions of this section shall:
1. Be considered in the public interest and shall not constitute a public or private nuisance; and
2. Be considered a property right of the property owner if vegetative fuels are used.
G. 1. Any owner conducting a prescribed burn who is found by a court of law to have caused damages or injury as a result of accident or by ordinary negligence shall only be civilly liable for actual damages resulting from the prescribed burn.
2. Any owner conducting a prescribed burn who is found by a court of law to have committed gross negligence in conducting the prescribed burn may be found to be both civilly liable for the amount of damage done by the fire, and criminally liable pursuant to paragraph 3 of this subsection.
3. Any owner setting or causing to be set on fire land as authorized by this section, and as a result of gross negligence permitting the fire to spread beyond the control of the owner or beyond the bounds of the owner’s land, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined a sum not more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for a period not more than six (6) months.
Added by Laws 2001, c. 208, § 5, emerg. eff. May 14, 2001. Amended by Laws 2003, c. 410, § 2; Laws 2007, c. 195, § 8, emerg. eff. May 31, 2007.
Structure Oklahoma Statutes
§2-1-2. State Department of Agriculture - Establishment - Composition.
§2-2-1. Membership - Appointment and qualifications - Vacancies.
§2-2-2. Compensation - Meetings.
§2-2-4b. Reciprocal agreements.
§2-2-4c. Livestock policy implementation – Restriction on local orders, ordinances, and regulations.
§2-2-4e. Confidentiality of electronic mail addresses.
§2-2-6. Advisory or consulting committees - Appointment.
§2-2-7. Records and files as evidence – Enforcement of penalties and fines.
§2-2-8. Certified copies as evidence.
§2-2-9. Cooperative contracts and agreements - Grading, sampling or inspection - Fees.
§2-2-10. Department of Agriculture Revolving Fund - Disbursements - Claims.
§2-2-12. Unpaid checks - Uncollectable debts.
§2-2-14. Authority to enter - Proper actions - Warrants.
§2-2-14.1. Seizure and forfeiture of property.
§2-2-14.2. Abandoned or stolen property--Storage--Disposal.
§2-2-16. Duties of district attorney or Attorney General.
§2-2-16.1. Livestock Offender Registry.
§2-2-18. Notice - Hearings - Penalties.
§2-2-18.1. Pollution of air, land, or waters - Order to cease - Administrative penalty.
§2-2-18.3. Survey of agriculture producers – Water quality issues.
§2-2-26. Agriculture Emergency Insect Control Special Fund.
§2-2-27. Department of Agriculture State Indemnity Special Fund.
§2-2-27.1. Agriculture Evidence and Law Enforcement Fund.
§2-2-31. Independent agricultural tourism organization plan – Required provisions – Report date.
§2-2A-1. Short title - Purpose - Applicability - Water programs.
§2-2A-3. Authority of Board to promulgate rules - Powers of Department.
§2-2A-4. Disclosure of interest in regulated entities.
§2-2A-5. Director of the Agricultural Pollutant Discharge Elimination System.
§2-2A-6. Discharge of pollutant into state waters - Schedule of compliance and conditions - Permits.
§2-2A-8. Rules for storm water discharges.
§2-2A-10. Application for permit - Compliance with local ordinances, rules or requirements.
§2-2A-23. Rules designating application tiers.
§2-2A-24. Powers and duties of Department.
§2-2A-26. Tier II or III applications - Draft denial or permit.
§2-2A-27. Public meeting on draft denial or permit.
§2-3-32.3. Plant pests - Sale - Notice.
§2-3-32.4. Nursery stock shipments - Inspection certificates.
§2-3-32.5. Vegetable plants and transplants - Identification.
§2-3-32.6. Turfgrass sod - Identification.
§2-3-32.7. Licenses - Inspection fees.
§2-3-50.2. Declaration - Purpose.
§2-3-50.4. Review by Commissioner and State Board of Agriculture.
§2-3-50.5. Oklahoma Boll Weevil Eradication Organization - Formation - Status - Membership.
§2-3-50.6. Board of directors - Election procedure.
§2-3-50.8. Certification of acreage in program.
§2-3-50.9a. Collection of assessment.
§2-3-50.10. Boll Weevil Eradication Fund.
§2-3-50.15. Cooperation with other entities - Written agreements.
§2-3-50.16. Right of entry - Inspections and other activities - Warrants.
§2-3-50.18. Destruction of cotton - Volunteer or noncommercial cotton.
§2-3-50.19. Unlawful acts - Moving infested article into state - Penalties.
§2-3-50.20. Violations - Penalties.
§2-3-50.30. Review and evaluation of boll weevil eradication efforts.
§2-3-82.1. Unwanted Pesticide Disposal Fund.
§2-3-83. Keeping of records – Board audits.
§2-3-84. Declaration of pest – Rules - Requirements.
§2-3-101. Enforcement of act - Powers of Board.
§2-3-103. Quarantine – Declaration of bee disease or pest - Order to destroy.
§2-3-106. Sales and transport of apiaries, equipment, bees, or hives.
§2-3-113. Voluntary registration program – Location of new apiaries – Abandoned apiaries.
§2-3-117. Inspection fee - Inspection procedures.
§2-3-117.1. Requirements for transport of bees into state.
§2-3-122. Hearing - Emergency order.
§2-3-123. Retention of Africanized honeybees prohibited - Exception.
§2-3-124. Certified Beekeeper Program - European Honeybee Certification Program.
§2-3-125. Local laws on honeybee hives not authorized – Apiary zoning exception.
§2-3-130. Tick eradication program - Funding.
§2-3-211. Weed Free Hay Certification Act.
§2-3-213. Promulgation of rules.
§2-3-214. Inspector training cooperative agreements – Federal funding.
§2-3-215. Weed-free certification – Inspection.
§2-3-220. Noxious weeds - Eradication.
§2-3-310. Castor bean production - Ricin.
§2-3-311. Castor bean transportation - Ricin.
§2-3-401. Short title - Oklahoma Industrial Hemp Program.
§2-3-403. Licensee authorization – Exemption from criminal liability.
§2-3-404. License application – Rules and requirements.
§2-3-406.1. Processing as Cannabidiol .
§2-3-407. Inspection and sampling.
§2-3-408. Causes to deny, revoke or suspend a license.
§2-3-410. Oklahoma Industrial Hemp Program Fund.
§2-3-411. Cannabidiol sourcing.
§2-3-601. Short title - Oklahoma Industrial Hemp Remediation Program - Definitions.
§2-4-3. Approval of brands - Certificates - Conflicts - Brand book.
§2-4-4. Custodian of county brand books - Certified copies - Fees.
§2-4-5. Application for registration - Fees - Contents.
§2-4-6. Use of unregistered brands - Duplication.
§2-4-7. Publication of revised book - Reregistration - Fees - Copies to officials.
§2-4-8. Brands in current edition as prima facie evidence of ownership.
§2-4-9. Questionable ownership of animals at markets - Withholding of funds pending determination.
§2-4-10. Brands reserved to state.
§2-4-11. Brands in current edition subject to sale, transfer, etc. - Recording - Fees.
§2-4-12. Sale of branded livestock - Written transfer of ownership.
§2-4-20. Animal Identification Program.
§2-5-2. Program of marketing services.
§2-5-3.1. Short title – Oklahoma Agriculture Enhancement and Diversification Program.
§2-5-3.2. Purpose and categories of Oklahoma Agriculture Enhancement and Diversification Program.
§2-5-3.4. Grants or loan funds – Applications – Evaluation criteria – Proprietary information.
§2-5-3A.1. Short title - Oklahoma Farmers Market and Farmers Hub Act.
§2-5-3A.3. Requirements for registered farmers market.
§2-5-3A.4. Permissible products at registered farmers markets.
§2-5-3A.5. Requirements for registered farmers hub – Farm-direct marketer.
§2-5-3A.6. Promulgation of rules.
§2-5-4.1. Short title - Homemade Food Freedom Act.
§2-5-4.3. Conditions for exemption from licensing and other requirements.
§2-5-4.4. Reported foodborne illness – Investigation by State Department of Health.
§2-5-6. Marketing information and news services.
§2-5-9. "Made in Oklahoma" and "Grown in Oklahoma" program - Specifications.
§2-5-12. Oklahoma Agritourism Program.
§2-5-13. Agritourism Revolving Fund.
§2-5-14. Short title – Oklahoma Agritourism Activities Liability Limitations Act.
§2-5-16. Liability of agritourism professionals and exceptions.
§2-5-17a. Rights to engage in agritourism activities – Requirements and regulations.
§2-5-18. Short title - Farmers Market Liability Limitation Act.
§2-5-20. Limitation of liability – Exceptions.
§2-5-59. Oklahoma Trade Development program – Establishment – Participating entities - Purpose.
§2-5-60.2. Legislative findings.
§2-5-60.3. Oklahoma Farm to School Program – Agency staff to implement.
§2-5-60.4. Duties of director.
§2-5-60.6. Authority to promulgate rules.
§2-5-60.10. Short title - Oklahoma Agricultural Commodity Act.
§2-5-60.13. Petition for certification – Public hearing.
§2-5-60.14. Commodity producers board – Ballot – Notice by publication – Written notice.
§2-5-60.16. Preparation and distribution of ballots - Contents.
§2-5-60.17. Expenses - Reimbursement.
§2-5-60.18. Exemption from assessment.
§2-5-60.19. Contest of election – Voting of ballots - Overstatement of volume of production.
§2-5-60.20. Determination of election results.
§2-5-60.21. Certification of adoption or defeat of referendum proposition.
§2-5-60.23. Establishment of board upon certification of referendum results.
§2-5-60.24. Meeting and organization of board – Terms of office.
§2-5-60.25. Officers of board - Bond.
§2-5-60.26. Powers and duties of board - Rules.
§2-5-60.27. Annual budget – Audits – Annual reports – State budget and expenditure limitations.
§2-5-60.28. Assessments, donations and grants – Purpose of expenditures.
§2-5-60.29. Collection of assessment.
§2-5-60.31. Increase of maximum rate of assessment – Abolition of assessment - Referendum.
§2-5-60.32. Failure to remit assessment – Proceedings to recover.
§2-5-60.33. Violations – Injunction – Costs and attorney fees.
§2-5-60.34. Exemption from requirements of act.
§2-5-60.36. Transfer of funds, equipment, and property to successor organization.
§2-5-63.1. Short title - Commodity Research Enhancement Act.
§2-5-63.3. Petition for state assessment referendum.
§2-5-63.4. State assessment referendum.
§2-5-63.5. Statewide basis - Eligible voters.
§2-5-63.8. Exemptions for producers.
§2-5-63.10. Ballot determinations.
§2-5-63.11. Referendum certification.
§2-5-63.12. Federally approved commodity board - Powers and duties.
§2-5-63.13. Assessment funds - Yearly report.
§2-5-63.14. Receipt of funds - Expenses - Restrictions on use of funds.
§2-5-63.15. State assessment collection.
§2-5-63.16. Application for refund.
§2-5-63.18. Failure to remit state assessment.
§2-5-81. Short title - Purpose of program.
§2-5-84. Dissemination of information about program.
§2-5-85. Administration of program - Annual report.
§2-5-88. Funding of loan - Loan rate - Certification of compliance.
§2-5-89. Liability of state for payment of loan.
§2-5-91. Short title - Implementation.
§2-5-94. Powers and duties of Council.
§2-5-100. Legislative finding and declaration.
§2-5-102. Cause of action for damages.
§2-5-105. Offenses - Applicability of section to actions taken by government agencies.
§2-5-107. Oklahoma Meat Consumer Protection Act – Definitions – Misleading or deceptive practices.
§2-5-111. Legislative finding and declaration.
§2-5-112. Standard of care for producer of livestock - Rebuttable presumption.
§2-5-120. Short title - Urban Gardens Grant Act.
§2-5-122. Urban Gardens Grant Revolving Fund.
§2-5-123. Eligibility for grants.
§2-5-201. Short title — Healthy Food Financing Act.
§2-5-204. Healthy Food Financing Revolving Fund.
§2-5-205. Administration — Duties — Eligible projects – Financing.
§2-5-307. False representation as organic product - Stop-sale orders – Fines and penalties.
§2-5-502. Legislative findings.
§2-5-504. Assistance to individuals affected by disability - Services.
§2-5-506. Oklahoma AgrAbility Project Fund.
§2-6-2. Official livestock and poultry disease control agency - Authority of State Veterinarian.
§2-6-3. Destruction of diseased livestock - Appraisal - Payment.
§2-6-4. Disinfecting of livestock and places - Cost - Liens.
§2-6-5. Reports of contagious or infectious animal diseases – Release of information.
§2-6-6. Importing or possessing exotic swine - Misdemeanor – Exceptions.
§2-6-27. Feeding garbage to swine.
§2-6-91. Formulation of control and eradication program.
§2-6-93. Blood samples for brucellosis testing – Official identification – Reports.
§2-6-95. Brucellosis Milk Surveillance test.
§2-6-96. Officially vaccinated animals - Identification.
§2-6-97. Biological products containing Brucella organisms.
§2-6-99. Quarantine of livestock infected with brucellosis - Disposition.
§2-6-100. Brucellosis eradication - Livestock owner requirements - Indemnity payments.
§2-6-101. Certification of brucellosis-free herds and counties.
§2-6-102. Sale of bovine animals or removal from markets – Compliance records.
§2-6-107. Swine identification verification – Testing requirements.
§2-6-124. Livestock infected or exposed - Order of quarantine – Notice – Waiving of quarantine.
§2-6-125. Moving of livestock in or out of quarantine area - Penalties.
§2-6-133. Eradication and control program.
§2-6-135. Restrictions on biological products.
§2-6-141. Branding and tagging of tubercular cattle.
§2-6-142. Sale or disposition of bovine animals affected with tuberculosis.
§2-6-143. Tuberculin tests - Refusal to comply - Quarantine.
§2-6-147. Classification - Slaughtering.
§2-6-149. Exemptions from indemnity payments.
§2-6-152. Inspection and quarantine – Condemnation – Quarantine release.
§2-6-153. Documentation to accompany shipments – Information for exibition.
§2-6-182.1. Standards for producers that market and sell beef and bison in intrastate commerce.
§2-6-184. Postmortem inspection - Marking or stamping.
§2-6-185. Inspection – Limitation of entry.
§2-6-186. Meat food products - Inspection - Access - Marking or stamping.
§2-6-188. Establishments - Inspections - Sanitary conditions.
§2-6-189. Nighttime inspections.
§2-6-190. Compliance with act - Acts prohibited.
§2-6-191. Forging of official marks or certificates.
§2-6-193. Appointment of inspectors - Rules and regulations.
§2-6-194. Bribery - Penalties.
§2-6-196. Storing and handling - Regulations.
§2-6-197. Articles not intended as human food.
§2-6-199. Registration of certain businesses.
§2-6-200. Dead, dying or disabled animals - Regulations concerning.
§2-6-201. Cooperation with Federal Government.
§2-6-202. Refusal or withdrawal of inspection.
§2-6-203. Detention of animals or products.
§2-6-204. Seizure and condemnation.
§2-6-205. District courts - Jurisdiction.
§2-6-206. Interference with persons engaged in official duties - Penalties.
§2-6-207. Violations and penalties.
§2-6-209. Application of act with respect to Federal Meat Inspection Act.
§2-6-213. Administration of Meat Inspection Act and Poultry Product Inspection Act.
§2-6-214. Oklahoma certified beef defined.
§2-6-215. Certified beef label requirement.
§2-6-255. Cooperative efforts.
§2-6-256. Antemortem and postmortem inspection in official establishments - Condemnation - Appeals.
§2-6-258. Marking and labeling.
§2-6-260. Compliance with act.
§2-6-263. Notice of violations.
§2-6-264. Storage and handling regulations.
§2-6-266. Limitation on entry of products into official establishment.
§2-6-267. Withdrawal or refusal of inspection service.
§2-6-268. Detention of products.
§2-6-269. Seizure and condemnation.
§2-6-270. Jurisdiction of district courts - Subpoenas.
§2-6-271. Powers of Board - Penalties.
§2-6-280.4. Board - Powers and duties.
§2-6-280.8. Denaturing of rabbits and rabbit products.
§2-6-280.9. Records - Inspection - Maintenance.
§2-6-280.10. Prohibitions relating to processing, transportation and sale of rabbits.
§2-6-280.11. Suspension of plant approval - Denial or withdrawal of inspection service.
§2-6-280.12. Detention of certain rabbits and rabbit products.
§2-6-280.13. Violations - Notice - Hearing - Orders - Service of process.
§2-6-280.14. Violations - Penalties.
§2-6-280.15. Good faith violations - Alternatives to prosecution.
§2-6-285. Shipment restrictions.
§2-6-290.2. Legislative findings and policy.
§2-6-290.4. Board - Powers and duties.
§2-6-290.6. Operation of slaughtering plant - Approval of plant - Compliance with act.
§2-6-290.7. Inspection service and inspections.
§2-6-290.12. Violations - Penalties.
§2-6-290.13. Penalties - Limitations on application - Minor violations.
§2-6-291. Exotic livestock disease control - Official agency.
§2-6-303. Livestock trailers to be identified by number or driver license number.
§2-6-310. Agriculture law enforcement agents.
§2-6-311. License - Construction of act - Restricted aquatic species.
§2-6-312. Technical assistance.
§2-6-313. Confinement and separation from wild species.
§2-6-314. Inspections - Summary of aquatic species produced and marketed.
§2-6-316. Application for license - Proofs required - Revocation.
§2-6-402. Quarantine zones of control.
§2-6-403. Orders restricting movement of persons, livestock, machinery, and personal property.
§2-6-504. Farmed cervidae facility license.
§2-6-506. Escaped farmed cervidae.
§2-6-507. Violations of act - Transportation of live cervidae.
§2-6-508. Slaughter of farmed cervidae – Disposition of hides or antlers.
§2-6-510. Emergency orders - Compliance – Hearings – Review of order, priority.
§2-6-511. Wrongfully injure - Farmed carvidae facility - Remove from premises.
§2-6-512. Prelicensing inspection.
§2-6-513. Written complaint procedures.
§2-6-514. Denial, revocation, cancelation, or suspension of license.
§2-6-515. Disposal of cervidae - Cleaning of premises.
§2-6-606. Taking and removal of feral swine.
§2-6-608. Importation - USDA permit - Slaughter following positive test results.
§2-6-610. Violations of act – Penalties.
§2-6-612. Restraint by owner - Damages recoverable.
§2-6-613. Ownership of feral swine.
§2-6-614. Legislative encouragement of Judas pig tagging system.
§2-7-22. Requirement of escrow account - Notice - Deposits - Commingling of monies.
§2-7-23. Conditions of purchase of raw milk.
§2-7-25. Liability of milk processor.
§2-7-26. Failure to establish escrow account - Failure to continue payments - Penalties.
§2-7-402. Purpose - Public policy.
§2-7-405. Commissioner - Power and duty.
§2-7-406. Sale of Grade A milk and milk products.