A. Concentrated swine feeding operations are point sources subject to the license program established pursuant to the provisions of the Oklahoma Swine Feeding Operations Act.
B. As used in the Oklahoma Swine Feeding Operations Act:
1. "Affected property owner" means a surface landowner within:
2. "Swine feeding operation" means a lot or facility where the following conditions are met:
3. "Swine animal unit" means a unit of measurement for any swine feeding operation calculated by adding the following numbers: The number of swine weighing over twenty-five (25) kilograms, approximately fifty-five (55) pounds, multiplied by four-tenths (0.4), plus the number of weaned swine weighing under twenty-five (25) kilograms multiplied by one-tenth (0.1);
4. "Swine waste" means swine excrement, swine carcasses, feed wastes, process wastewaters or any other waste associated with the confinement of swine from a swine feeding operation;
5. "Swine Waste Management Plan" or "Nutrient Management Plan" means a written plan that includes a combination of conservation and management practices designed to protect the natural resources of the state prepared by an owner or operator of a swine feeding operation as required by the Department pursuant to the provisions of Section 20-10 of this title;
6. "Swine waste management system" means a combination of structures and nonstructural practices serving a swine feeding operation that provides for the collection, treatment, disposal, distribution, storage and land application of swine waste;
7. "Artificially constructed" means constructed by humans;
8. "Best Management Practices" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of waters of the state as established by the Oklahoma Department of Agriculture, Food, and Forestry pursuant to Section 20-10 of this title;
9. "Board" means the State Board of Agriculture;
10. "Common ownership" includes but is not limited to any corporation, partnership or individual where the same owner has power or authority to manage, direct, restrict, regulate or oversee the operation or has financial control of the facility;
11. "Concentrated swine feeding operation" means:
(2)either one of the following conditions are met:
12. "Department" means the Oklahoma Department of Agriculture, Food, and Forestry;
13. "Designated perimeter" means the perimeter of any structure or combination of structures utilized to control swine waste until it can be disposed of in an authorized manner. Structures shall include but not be limited to pits, burial sites, barns or roof-covered structures housing swine, composters, waste storage sites, or retention structures or appurtenances or additions thereto;
14. "Expanding operation" means:
15. "Facility" means any place, site, or location or part thereof where swine are kept, handled, housed, or otherwise maintained and processed and includes but is not limited to buildings, lots, pens, and swine waste management systems;
16. "Interested party" means an affected property owner found to meet the burden of proof pursuant to the provisions of Section 20-8 of this title;
17. "Land application" means the spreading on, or incorporation of swine waste into the soil mantle primarily for beneficial purposes;
18. "Licensed managed feeding operations" means a swine feeding operation primarily using a liquid swine waste management system, where swine are primarily housed in a roof-covered structure and which has more than the number of swine specified in any of the following categories confined:
19. "Liquid swine waste management system" means any swine waste management system which uses water as the primary carrier of swine waste into a primary retention structure;
20. "Nutrient-limited watershed" means a watershed of a water body which is designated as "nutrient-limited" in the most recent Oklahoma Water Quality Standards;
21. "Nutrient-vulnerable groundwater" means groundwater which is designated "nutrient-vulnerable" in the most recent Oklahoma Water Quality Standards;
22. "Odor Abatement Plan" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce odor as established by the Department pursuant to Section 20-11 of the Oklahoma Swine Feeding Operations Act;
23. "Occupied residence" means a habitable structure designed and constructed for full-time occupancy in all weather conditions and:
24. "Pollution Prevention Plan" means a written plan to control the discharge of pollutants which has been prepared in accordance with industry-acceptable engineering and management practices by the owner or operator of a swine feeding operation as required pursuant to Section 20-9 of this title;
25. "Process wastewater" means any water utilized in the facility that comes into contact with any manure, litter, bedding, raw, intermediate, or final material or product used in or resulting from the production of swine and any products directly or indirectly used in the operation of a facility, such as spillage or overflow from swine watering systems; washing, cleaning, or flushing pens, barns, manure pits, direct contact, swimming, washing or spray cooling of swine; and dust control and any precipitation which comes into contact with swine or swine waste;
26. "Retention structures" means, but is not limited to, all collection ditches, conduits and swales for the collection of runoff water and process wastewater, and basins, ponds and lagoons or other structures used to store swine wastes;
27. "Spill" means the release from a swine feeding operation of any process wastewater or manure that does not reach waters of the state;
28. "Waste facility" means any structure or combination of structures utilized to control swine waste until it can be disposed of in an authorized manner. The structures shall include but not be limited to pits, burial sites, barns or roof-covered structures housing swine, composters, waste storage sites, or retention structures or appurtenances or additions thereto; and
29. "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, storm sewers and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through or border upon this state or any portion thereof, and shall include under all circumstances the waters of the United States which are contained within the boundaries of, flow through or border upon this state or any portion thereof. Provided, waste treatment systems, including treatment ponds and lagoons designed to meet federal and state requirements other than cooling ponds as defined in the Clean Water Act or rules promulgated pursuant thereto, are not waters of the state.
Added by Laws 1969, c. 116, § 2. Amended by Laws 1973, c. 70, § 1, emerg. eff. April 27, 1973; Laws 1981, c. 77, § 1, eff. Oct. 1, 1981; Laws 1997, c. 331, § 2, eff. Sept. 1, 1997; Laws 1998, c. 404, § 2, eff. Aug. 1, 1998. Renumbered from § 9-202 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2006, c. 128, § 2, eff. Nov. 1, 2006; Laws 2007, c. 31, § 3, eff. Nov. 1, 2007; Laws 2013, c. 123, § 1, eff. Nov. 1, 2013; Laws 2017, c. 90, § 1, eff. Nov. 1, 2017.
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.