A. 1. Any person applying for a license for a new or expanding swine feeding operation shall comply with the notice and hearing requirements as specified by this section and rules promulgated by the State Board of Agriculture.
2. Notice requirements shall include notice to affected property owners by certified mail, return receipt requested pursuant to subsection C of this section and public notice pursuant to subsection D of this section.
B. 1. After submission of a completed application as provided by the Oklahoma Swine Feeding Operations Act and rules promulgated pursuant thereto, the Oklahoma Department of Agriculture, Food, and Forestry shall have sixty (60) working days to review the application for a new or expanding operation for physical and technical suitability.
2. a.After review of the application the Department may request additional information from the applicant. Upon receipt of the additional information the Department shall then have an additional thirty (30) working days to review the additional information.
C. 1. After the Department has determined that the application is complete, the Department shall require the applicant to notify all affected property owners that a completed application is on file with the Department. Notice shall be sent by certified mail, return receipt requested. The notice shall state that an application for a new or expanding swine feeding operation has been submitted to the Department and has been deemed to be complete, the location of the facility, that a hearing may be requested within fifteen (15) working days from the receipt of notice by the affected property owner and that a copy of the completed application is available for public review pursuant to paragraph 3 of subsection D of this section.
2. The State Board of Agriculture shall not act on the application until the expiration of the time period set forth in paragraph 1 of subsection G of this section. If a hearing is requested pursuant to paragraph 1 of subsection G of this section, the Board shall not take action on the application until the hearing process is complete.
3. Establishment of property usage is the date the swine feeding operation application was made available for public review versus date of initial construction or placement of occupied residence and shall be given consideration when determining a contested matter between an applicant and an affected property owner on issues other than pollution of the waters of the state.
D. 1. In addition to the individual notice, the Department shall require the applicant to give public notice of the opportunity to comment on the granting of the license.
2. The public notice for a new or expanding operation shall be published as a legal notice prior to the date the application is available for public viewing, in at least one newspaper of general circulation in the county where the proposed facility or expanding operation is to be located.
3. The notice shall identify locations where the application shall be available for viewing. The locations shall include the office of the Department and a specific public location in the county where the proposed facility or expanding operation is to be located.
4. The application shall be available for public review during normal business hours. The copies of the application posted for public viewing shall be complete except for proprietary provisions otherwise protected by law and shall remain posted during normal business hours for at least twenty (20) working days after notice is published.
5. The Department, as necessary, may hold public meetings at a location convenient to the population center nearest the proposed facility or expanding operation to address public comments on the proposed facility or expanding operation.
E. Prior to the issuance of any license for a swine feeding operation, or expanding operation, the Department shall require the applicant to submit:
1. Documentation certifying notice has been issued to all affected property owners. A map of all affected property owners and the corresponding mailing list shall be submitted with each application; and
2. Proof of publication notice of a new or expanding application for a swine feeding operation license.
F. If no hearing is requested within the time periods set forth in paragraph 1 of subsection G of this section, the application shall be submitted to the State Board of Agriculture for consideration and action.
G. 1. An affected property owner may request a hearing prior to final approval of the application. All requests for a hearing shall be filed with the Department within fifteen (15) working days after the receipt of the notice by the affected property owner. In requesting a hearing an affected property owner shall state in the request:
2. If any of the affected property owners request an administrative hearing pursuant to paragraph 1 of this subsection and all information listed in subparagraphs a and b of paragraph 1 of this subsection is found to be complete and adequate in the request for hearing, a preliminary hearing shall be scheduled by the Department at a reasonable time within sixty (60) calendar days. Should the affected property owner fail to provide any of the information required in the request for hearing, the affected property owner shall have ten (10) working days during which any deficiencies may be cured after receipt of notice from the Department of the failure. All affected property owners shall be considered parties to the preliminary hearing scheduled by the Department.
H. 1. The preliminary hearing shall be held at the Oklahoma Department of Agriculture, Food, and Forestry before an administrative law judge.
2. There shall be a rebuttable presumption on the part of the applicant that the application in question is complete and in compliance with all applicable statutes and rules.
3. It shall be the burden of the affected property owner(s) to present an offer of proof showing by a preponderance of the evidence:
4. The administrative law judge after all evidence is presented by the affected property owner(s) shall afford the applicant an opportunity to respond to and rebut the allegations presented and to show how the affected property owner(s) failed to meet the standards set forth in subparagraphs a and b of paragraph 3 of this subsection.
5. Upon completion of the preliminary hearing, the administrative law judge shall have twenty (20) working days in which to issue an order granting or denying the affected property owner(s) a full administrative hearing. If an affected property owner is denied a full administrative hearing, the administrative law judge shall issue a written recommended order containing specific findings of fact and conclusions of law on which the decision is based.
6. If the administrative law judge finds the affected property owner(s) failed to meet the burden of proof set forth in paragraphs 2, 3, and 4 of this subsection the application shall be sent to the State Board of Agriculture along with a copy of the recommended order of the administrative law judge for consideration and action.
7. If the administrative law judge finds the affected property owner(s) met the burden of proof set forth in paragraph 3 of this subsection, then a full administrative hearing shall be scheduled in accordance with the Administrative Procedures Act.
8. The administrative law judge may separately grant or deny a full administrative hearing for each affected property owner when more than one is party to the preliminary hearing.
I. 1. An affected property owner meeting the burden of proof pursuant to subsection H of this section shall be entitled to a full administrative hearing pursuant to the Administrative Procedures Act. Only those affected property owners found meeting the burden of proof pursuant to subsection H of this section are entitled to a full administrative hearing.
2. The scheduling conference for the hearing shall be held by the Department at a reasonable time within thirty (30) working days after the administrative law judge has issued a written order. All interested parties may be joined as parties to the hearing.
3. An affected property owner may at any time waive its right to a hearing. If an affected property owner waives its right to a hearing, a signed and notarized document shall be filed with the administrative law judge stating the affected property owner waived its right to a hearing, did so without force or coercion, understands it is also waiving its right to any further hearings provided for under this section or the Administrative Procedures Act, and that the waiver shall be with prejudice. The waiver of right to a hearing shall be admissible as evidence in any court of the State of Oklahoma as evidence that the affected property owner waived its rights to any additional hearings to which it may otherwise have been entitled.
4. At the hearing the administrative law judge shall hear testimony and accept evidence pertaining to the physical and technical suitability of the proposed facility or expanding operations and deficiencies contained in the original application for the license. Based on these grounds it shall be the burden of the interested party to show by clear and convincing evidence that the proposed facility will have a direct, substantial, and immediate effect upon a legally protected interest of the interested party. Furthermore, there shall be a rebuttable presumption that the application is complete and in compliance with the relevant statutes and rules.
5. Any evidence presented at the administrative hearing shall be directly related to allegations and evidence previously presented by the affected property owner(s) during the preliminary hearing. Evidence not meeting this criteria shall only be admitted by the administrative law judge upon a finding that:
6. At the hearing, the interested party shall be afforded a reasonable opportunity to present evidence and argument in support of the allegations identified in the preliminary hearing and the applicant shall be afforded a reasonable opportunity to present evidence and argument to controvert those allegations.
7. The administrative hearing held pursuant to the provisions of this subsection shall comply with the Administrative Procedures Act and rules promulgated by the Board.
Added by Laws 1997, c. 331, § 7, eff. Sept. 1, 1997. Amended by Laws 1998, c. 404, § 7, eff. Aug. 1, 1998. Renumbered from § 9-205.1 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2006, c. 129, § 2, eff. Nov. 1, 2006; Laws 2007, c. 31, § 8, eff. Nov. 1, 2007; Laws 2013, c. 123, § 2, eff. Nov. 1, 2013.
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.