A. Whenever there are reasonable grounds to believe that there has been a violation of any of the provisions of the Oklahoma Agriculture Pollutant Discharge Elimination System Act, any permit, any rule, or any order of the Director of the Agriculture Pollutant Discharge Elimination System, the Director shall have the authority and powers to proceed as specified in the Administrative Procedures Act unless otherwise provided herein. However, provisions of this section for written notice, enforcement hearing, and administrative orders shall not be conditions precedent for seeking action in the district court as provided by the Oklahoma Agriculture Pollutant Discharge Elimination System Act or other applicable provisions of law.
B. The Oklahoma Agriculture Pollutant Discharge Elimination System Act shall not in any way impair or in any way affect the right of a person to recover damages for pollution that are otherwise allowed by law in a court of competent jurisdiction.
C. Any person having any interest connected with the geographic area or waters or water system affected, including but not limited to any health, environmental, pecuniary, or property interest, which interest is or may be adversely affected, shall have the right to intervene as a party in any administrative proceeding before the Department, or in any civil proceeding, relating to violations of the Oklahoma Agriculture Pollutant Discharge Elimination System Act or rules, permits or orders issued hereunder.
D. Whenever, on the basis of any information available, the Department finds that any person regulated by the Department is in violation of any act, rule, order, permit, condition or limitation implementing the Oklahoma Agriculture Pollutant Discharge Elimination System Act, or any previously issued discharge permit, the Director may issue an order requiring the person or entity to comply with the provision or requirement, commence appropriate administrative enforcement proceedings, or bring a civil action. Provided, however, the issuance of a compliance order or denial, placing on probation, reinstatement, suspension or revocation of a permit shall not be considered a condition precedent to the accrual or imposition of penalties or fines in any administrative, civil, or criminal proceeding.
E. 1. A copy of any order issued pursuant to this section shall be sent immediately to the violator. In any case in which an order or notice to a violator is issued to a corporation, a copy of the order shall be served on any appropriate individual officers or service agents.
2. Any order issued pursuant to this section shall state with reasonable specificity the nature of the violation, and shall specify a time for compliance not to exceed thirty (30) days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and not to exceed a reasonable time in the case of a violation of a final deadline, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. Any order or notice issued by the Director may be served in any manner allowed by Oklahoma Rules of Civil Procedure applicable to a civil summons.
F. 1. Whenever on the basis of any information available the Director finds that any person regulated by the Department has violated any of the provisions of the Oklahoma Agriculture Pollutant Discharge Elimination System Act, or any permit, rule, order or condition or limitation implementing any of these sections, or previously issued discharge permit or related order, the Director may assess, after providing notice and opportunity for an enforcement hearing to the alleged violator, an administrative fine of not more than Ten Thousand Dollars ($10,000.00) per day for each violation.
2. The total amount of the administrative fine shall not exceed One Hundred Twenty-five Thousand Dollars ($125,000.00) per violation. In determining the amount of any penalty assessed under this subsection, the Director shall take into account the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, the ability to pay, any prior history of violations, the degree of culpability, the economic benefit savings, if any, resulting from the violation, and any other matters as justice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.
3. Enforcement hearings shall be conducted in accordance with the procedures set out in the Administrative Procedures Act.
G. 1. The Director is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation for which the Director is authorized to issue a compliance order under subsection D of this section.
2. Any person who violates any provision of the Oklahoma Agriculture Pollutant Discharge Elimination System Act, any permit condition or limitation implementing any of such provisions in a permit issued under the Oklahoma Agriculture Pollutant Discharge Elimination System Act, and any person who violates any order issued by the Director under subsection D of this section, shall be subject to a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) per day for each violation.
3. In determining the amount of the civil penalty, the court shall consider the seriousness of the violation or violations, the economic benefit, if any, resulting from the violation, any history of violations, any good faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and any other matters as justice may require. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.
4. Any action pursuant to this subsection may be brought in the district court for the district in which the property or defendant is located or defendant resides or is doing business, and the court shall have jurisdiction to restrain any violation and to require compliance.
5. The prior revocation of a permit shall not be a condition precedent to the filing of a civil action under the Oklahoma Agriculture Pollutant Discharge Elimination System Act.
H. 1. Any person who violates any provision of this act, any order of the Director, or any condition or limitation in a permit issued pursuant to this act may be punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than Ten Thousand Dollars ($10,000.00) per day for each violation, or by imprisonment for not more than six (6) months for each violation, or both.
2. Any person who knowingly makes any false material statement, representation, or certification in, omits material data from, or tampers with any application, notice, record, report, plan, or other document filed or required to be maintained under the Oklahoma Agriculture Pollutant Discharge Elimination System Act or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under the Oklahoma Agriculture Pollutant Discharge Elimination System Act, shall be punishable, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) per day for each violation, or by imprisonment for not more than two (2) years, or by both. If a conviction of a person is for a violation committed after a first conviction of that person under this paragraph, punishment shall be by a fine of not more than Twenty Thousand Dollars ($20,000.00) per day for each violation, or by imprisonment for not more than four (4) years, or by both. In addition, the Director shall deny issuance of the permit or require submission of a new application.
3. For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.
I. 1. Whenever, on the basis of information available, the Department finds that an owner or operator of any source is introducing a pollutant into a treatment works in violation of the Oklahoma Agriculture Pollutant Discharge Elimination System Act or any requirement, rule, permit, or order issued under this act, the Department shall notify the owner or operator of the treatment works of the violation.
2. If the operator of the treatment works does not commence appropriate enforcement action within thirty (30) days of the date of the notification, the Department may commence a civil action for appropriate relief, including but not limited to a permanent or temporary injunction, against the owner or operator of the treatment works.
3. In the civil action, the Department shall join the operator of the source as a party to the action.
4. The action shall be brought in the district court in the county in which the treatment works is located.
5. The court shall have jurisdiction to restrain the violation and to require the operator of the treatment works and the operator of the source to take any action as may be necessary to come into compliance with the Oklahoma Agriculture Pollutant Discharge Elimination System Act.
6. Nothing in this subsection shall be construed to limit or prohibit any other authority the Department may have under this section.
J. 1. Any person against whom an administrative compliance or penalty order is issued under this section may obtain review of the order by filing a petition for review in district court pursuant to the Oklahoma Administrative Procedures Act. The court shall not impose additional civil penalties for the same violation unless the assessment of the penalty constitutes an abuse of discretion. No stay of an administrative penalty order shall be granted until the amount of penalty assessed has been deposited with the reviewing district court pending resolution of the petition for review.
2. If any person fails to pay an assessment of an administrative penalty:
a civil action may be brought in an appropriate district court to recover the amount assessed plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be. In such an action, the validity, amount, and appropriateness of the penalty shall not be subject to review.
3. Any person who fails to pay on a timely basis the amount of an assessment of an administrative or civil penalty shall be required to pay, in addition to the amount and interest, attorney fees and costs for the collection proceeding and a quarterly nonpayment penalty for each quarter during which the failure to pay persists. The nonpayment penalty shall be in an amount equal to twenty percent (20%) of the aggregate amount of the penalties of the person and nonpayment penalties which are unpaid as of the beginning of the quarter.
K. 1. The Attorney General or the district attorney of the appropriate district court of Oklahoma may bring an action in a court of competent jurisdiction for the prosecution of a violation by any person of a provision of this act, any rule, any order of the Director, or any condition or limitation in a permit issued pursuant to this act.
2. Any action for injunctive relief to redress or restrain a violation of any person of a provision of this act, any rule, any order of the Director, or any condition or limitation in a permit issued pursuant to this act or recovery of any administrative or civil penalty assessed may be brought by:
3. It shall be the duty of the Attorney General and district attorney if requested by the Director to bring such action.
Added by Laws 2005, c. 292, § 10, eff. July 1, 2005.
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.
§2-7-407. Adulterated or misbranded milk or milk product.
§2-7-409. Sampling and testing.
§2-7-410. Suspension of permit.
§2-7-411. Persons affected with communicable disease.
§2-7-412. Herds - Diseased animals.
§2-7-414. Construction of act.
§2-7-416. Milk and Milk Products Inspection Revolving Fund.
§2-7-421. Official state agency.
§2-8-22. Containers to bear label or tag – Label information.
§2-8-24. Records - File samples - Inspection.
§2-8-25. Penalty exemptions – Provision exceptions.
§2-8-26. Powers of Board and agents.
§2-8-26.1. State preemption – Exception for taxation.
§2-8-27. Seizure - Condemnation.
§2-8-29. Minor violations - Deficient inspection fees.
§2-8-32. Persons subject to subarticle - Certification, what constitutes.
§2-8-34. Self-supporting basis.
§2-8-35. Nonliability of state agencies.
§2-8-36.2. Chemically treated seed to be sold separately - Marking.
§2-8-41.2. Administration of act.
§2-8-41.4. Licenses – Application – Fees – Suspension - Violations.
§2-8-41.9. Inspection fee - Responsible parties.
§2-8-41.12. "Stop Sale" orders - "Condemnation and Confiscation".
§2-8-41.13. Minor violations - Judicial review - Penalties.
§2-8-41.15. Publication of commercial feed information.
§2-8-41.16. Environmental jurisdiction.
§2-8-77.1. Short title - Purpose.
§2-8-77.4. Manipulated manures – Exemptions.
§2-8-77.5. Registration - Licensing - Fees - Penalties.
§2-8-77.7. Inspection fee - Tonnage report.
§2-8-77.9. Sampling - Analysis.
§2-8-77.10. Plant nutrient deficiency - Payments.
§2-8-77.14. Publication of information.
§2-8-77.15. Storage, use and application - Environmental jurisdiction.
§2-8-77.16. Seizure – Condemnation - Disposal.
§2-8-80.3. Distribution, labeling and sale of liming materials - Regulations.
§2-8-80.4. Information required by § 8-80.3 of this title to be affixed to containers.
§2-8-80.5. Compliance with act - Toxic materials prohibited - Administrative penalty.
§2-8-80.6. Vendor's license for spreading - Application - Fee.
§2-8-80.7. Inspection fees - Reports.
§2-8-80.8. Analysis and sampling.
§2-8-85.2. Power vested in Board.
§2-8-85.5. Registration - Fee - Penalties.
§2-8-85.7. Stop sale, stop use or removal order.
§2-8-85.10. Promulgation of rules.
§2-8-85.11. Revocation of registration - Hearing.
§2-8-95. Seizure - Condemnation - Disposal.
§2-9-23. Warehouse name - Issuance and validity of charter.
§2-9-26. Insurance – Notice of loss.
§2-9-27. Scale tickets - Delivery upon demand.
§2-9-28. Warehouse receipts - Form - Furnishing by Board - Price.
§2-9-28.1. Electronic receipts and documents - Security interest - Rule making.
§2-9-32. Scales and equipment.
§2-9-33. Inspection, grading and storing of commodities.
§2-9-35. Unlawful acts - Commodity storage and receipts - Penalties.
§2-9-36. Public warehouse designations - Penalty.
§2-9-38. Rulemaking - Conformity with federal act.
§2-9-42. Oklahoma Commodity Storage Indemnity Fund - Creation.
§2-9-44. Assessment upon commodities - Examination of records.
§2-9-47.1. Violations - Penalties.
§2-9-132.1. Bonds - Issuers - Certification as solvent.
§2-9-134.1. Custodial account defaults - Board taking possession of assets - Distribution.
§2-9-135. Inspection of scales - Use of inaccurate scales.
§2-9-136. Buying of livestock prior to consignment – Fraudulent sale of livestock.
§2-9-139. Payment for purchases of livestock for slaughter.
§2-9-143. Records - Access - Inspection of livestock.
§2-9-161. Packer - Definition.
§2-9-162. Packer prohibitions.
§2-9-163. Declaratory judgment - Restraining order - Actions.
§2-9-164. Accounts, records and memoranda.
§2-10-2. Board as official state agency.
§2-10-9.1. Short title - Oklahoma Registered Poultry Feeding Operations Act – Definitions.
§2-10-9.6. Poultry Waste Education Revolving Fund.
§2-10-9.8a. New or expanded poultry feeding operations – Construction in certain areas prohibited.
§2-10-9.10. Investigation of complaints - Entry upon premises - Standard health precautions.
§2-10-9.11. Violations - Criminal and administrative penalties - Injunctions.
§2-10-9.12. Promulgation of rules.
§2-10-9.13. Short title - Oklahoma Poultry Waste Transfer Act - Purpose.
§2-10-9.14. Poultry Waste Transfer Fund.
§2-10-9.16. Short title - Oklahoma Poultry Waste Applicators Certification Act.
§2-10-9.17. Applicator's certificates - Application - Renewal - Violation - Fees.
§2-10-9.18. Report regarding all poultry waste land-applied.
§2-10-9.19. Land application of poultry waste - Tests – Rate - Rules.
§2-10-9.21. Suspension, cancellation, denial or revocation of certificate.
§2-10-9.23. Report of educational activities - Evaluation of effectiveness of curriculum.
§2-10-9.24. Agriculture Regulation Revolving Fund.
§2-10-10.3. Purpose - Application - Construction.
§2-10-10.4. Administration by Board of Agriculture - Board authorized to accept gifts.
§2-10-10.5. Land application rate - Soil and waste testing.
§2-10-21. State Poultry Show - Expenses - Two divisions.
§2-10-23. County poultry show - Funds.
§2-10-25. Premiums and expenses.
§2-10-26. State-wide broiler show.
§2-10-27. Time and place – Rules - Premiums.
§2-10-30. Premiums to junior exhibitors.
§2-10-72. Pack-date and expiration date.
§2-10-72.1. Shell eggs not processed to destroy salmonellae – Safe handling instruction.
§2-10-74. Application of subarticle.
§2-10-77. Acts constituting violations of subarticle.
§2-10-78. Sale of eggs produced on farm directly to consumer not prohibited.
§2-10-79. Enforcement of subarticle.
§2-10-80. Samples of lots or containers.
§2-10-92. Stating of grade in advertising.
§2-10-93. Maintaining of grade identity until purchase.
§2-11-2. Ungraded agricultural products - Misleading practices - Penalty.
§2-11-6. Licenses, permits or certificates issued under repealed sections.
§2-11-12. February 2021 Winter Storm Grant Revolving Fund.
§2-11-13. Grant program to mitigate costs.
§2-11-38. Inspection of premises - Rules.
§2-11-39. Confidential business information - Trade secrets - Competitive harm.
§2-11-40. Permit - Exemption - Information required - Fee.
§2-11-80. Creation – Director – Appointment - Powers and duties.
§2-11-90. Short title - Oklahoma Scrap Metal Dealers Act.
§2-11-93. Items not to be purchased – Items regulated.
§2-11-95. Revocation or suspension of permits - Injunction against dealers - Appeal bond.
§2-11-96. Sales tax permit required.
§2-11-97. Scrap metal dealer license.
§2-11-98. License application.
§2-11-99. Cancellation, revocation and reissuance of license - Penalties.
§2-12-2. Agents authorized to carry firearms.
§2-13-1. Statutes as part of code.
§2-14-1. Bureau of Standards established.
§2-14-2. Standards and methods.
§2-14-4. General control - Seal.
§2-14-32. Customary use and metric system
§2-14-33. State primary and secondary standards.
§2-14-34. Commercial and regulatory weighing and measuring devices.
§2-14-36. Request for testing.
§2-14-37. Enforcement of regulations.
§2-14-38. Definitions - Unlawful acts.
§2-14-43. Injunction - Presumption.
§2-14-64. Board - Powers and Duties.
§2-14-65. Service technicians and service agencies - Powers, duties and responsibilities.
§2-14-66. Owner serviced and maintained devices.
§2-14-67. Owner serviced and maintained devices.
§2-14-68. Administration and enforcement of act - Rules, regulations, standards and evaluations.
§2-14-81. Analytical laboratory - Purposes.
§2-14-83. Time of operation - Fees - Use of other laboratories.
§2-14-84. Disposition of fees.
§2-15-1. Agricultural fair corporations - Land, buildings and improvements - Purposes.
§2-15-2. Limitation on indebtedness - Purchase of realty - Mortgages - Directors' liability.
§2-15-3. Capital stock and income - Charges and fees - Bylaws - Limitation of charges.
§2-15-4. Organization of agricultural fair corporations - Rights, privileges and liabilities.
§2-15-5. Special premiums - Appropriations.
§2-15-7. Special election - Petition - Question to be submitted.
§2-15-8. Special election - Petition - Management of fair.
§2-15-10. Payment of premiums - Vouchers - Execution and certification.
§2-15-11. Funds for special premiums - County contingent fund - Special tax levy.
§2-15-12. Audit and allowance of bills for premiums - Warrants.
§2-15-13. Investment of monies in Free Fair Building Fund in government bonds or notes.
§2-15-14. Retirement pay for employees of Agricultural Fair Corporations.
§2-15-22. Officers - Selection - Board of directors - Election of president and secretary.
§2-15-23. Executive board - Members - Powers - Limitation on expenditures - Time of holding fair.
§2-15-25. Appropriations for premiums - Special election.
§2-15-26. Special election - Call - Petition - Contents.
§2-15-27. Notice to county excise board of election result and amount of estimate - Tax levy.
§2-15-29. Premium catalogs - Printing - Payment of expense.
§2-15-30. Admission charge - When not permitted.
§2-15-31. Deposit of funds - Accounts - Disbursements - Annual report of receipts and disbursements.
§2-15-32. State not liable for deficiency or expense.
§2-15-51. County free fair associations.
§2-15-52. County fairs – Power to organize and create upon abolition of free state fair.
§2-15-53. Object of free fairs.
§2-15-56. Special meetings - Notices of regular and special meetings.
§2-15-57. Board of directors - Rules - Expenditures.
§2-15-58. Estimate of cost of fairs - Certification to county excise board - Items of expenditure.
§2-15-59. Tax levy - Amount - Purpose.
§2-15-60. Collection, apportionment and disbursement of funds - Eligibility of exhibitors.
§2-15-64. Use of money derived from rights and privileges.
§2-15-65. Election to determine fair site and authorize construction and maintenance of buildings.
§2-15-66. County free fair in each county - State not obliged to pay for fair.
§2-15-67. "Free fair" defined - Power of governing board.
§2-15-68. Board of directors - Elections - Meetings.
§2-15-70. County officers may make annual levy – Purpose of levy.
§2-15-71. Provisions of act cumulative and controlling over conflicting laws.
§2-15-72. Budget and itemized estimate of needs.
§2-15-73. Expenditure of funds.
§2-15-74. Grounds, buildings, concessions, advertising, etc. - Gifts and donations.
§2-15-75. Duties of officers of fair board.
§2-15-77. Levy by excise board on failure of county commissioners to approve and submit estimates.
§2-15-78. Effect on existing laws.
§2-15-81. Election proclamation - Publication - Contents.
§2-15-83. Tax levy for free fair improvement fund - Election - Amount - Purpose.
§2-15-84. County bond issues for purchase and improvement of lands and construction of buildings.
§2-15-85. Bond election - Proclamation - Publication - Time for election.
§2-15-86. Election proclamation - Contents.
§2-15-87. Conduct of election - Canvass of returns.
§2-15-90. Tax levy to pay interest and principal.
§2-15-93. Lands upon which buildings for county free fairs may be constructed.
§2-15-94. Use of monies received from rents on certain buildings.
§2-15-95. Consent to expenditures by county commissioners.
§2-15-96. Contracts for construction of buildings and other structures - Financing.
§2-15-111. Association may be converted into one with specified duties, powers and liabilities.
§2-15-112. Board of directors, how composed.
§2-15-113. Election of board of directors - Appointment of directors.
§2-15-114. Election or appointment of successors - Terms - Organization of board.
§2-15-115. General powers and authority - Report.
§2-15-116. President of board - Secretary - Custodian of funds.
§2-15-117. Members not paid - Salary and bond of secretary.
§2-15-118. Annual exposition, holding of.
§2-15-119. Exhibitions, contests and other events.
§2-15-121. Accounts – Disbursements.
§2-15-122. Expenses of operating fair - Unused funds - Transfer of funds of existing association.
§2-15-123. Appropriations by boards of county commissioners.
§2-15-124. Ownership of property - Use - Lease or rent.
§2-15-126. Use of grounds for charitable, religious, patriotic or eleemosynary purposes.
§2-15-127. Gifts of money or property.
§2-15-141. Establishment of expositions and fairs.
§2-15-142. Method of establishment.
§2-15-143. Lease to Public Trust Authority - Powers and duties of Authority.
§2-15-144. Membership - Qualifications and terms - Vacancies.
§2-15-145. Personal interest in contracts.
§2-15-146. Director - Legal counsel.
§2-15-161. Companies and operators to file bond to secure contract - Term and conditions.
§2-15-162. Contracts secured by bond - Approval of form - Suit on bond.
§2-15-163. Violations - Punishment.
§2-16-3. Forestry program - Responsibilities.
§2-16-5. Forestry Division - Other enforcement agencies.
§2-16-6. Interfering with, molesting or assaulting firefighters - Penalty.
§2-16-7. Director of Forestry - Qualifications - Employment of personnel.
§2-16-9. Payroll deductions for residence maintenance expenses.
§2-16-10. Authorization of forestry cost-share program.
§2-16-11. Forestry Cost-Share Fund.
§2-16-12. Application for and allocation of cost-share funds.
§2-16-21. Organization of protection areas.
§2-16-22. Road crews to extinguish fires.
§2-16-23. Adoption of rules for road crews.
§2-16-24. Refusal of road crews.
§2-16-28.1. Procedures to lawfully burn land - Civil and criminal liability.
§2-16-28.3. Oklahoma Controlled Burn Indemnity Fund.
§2-16-32. Liability for costs of suppressing fires.
§2-16-33. Penalty for mutilating or destroying state forestry or fire controlsigns and posters.
§2-16-34. Illegal possession of incendiary device.
§2-16-35. Compact authorized - Form and provisions.
§2-16-36. When compact operative - Exchange of official documents.
§2-16-37. Governor as Compact Administrator - Delegation of duties.
§2-16-39. Compensation for injury or death.
§2-16-51. Board may acquire land for forestry purposes.
§2-16-53. Use of lands acquired.
§2-16-54. Disposition of lands.
§2-16-55. Urban forestry duties - Shade and environmental improvement.
§2-16-56. Scientific forest management on state lands, wilderness excepted.
§2-16-57. Advice by director of forestry - Forest management for all state agencies.
§2-16-58. State land management guidelines.
§2-16-59. Removal of pine timber or products from state lands.
§2-16-60. Wrongful injuries to timber - Criminal penalties.
§2-16-61. Notice to adjoining property owners of harvesting operations.
§2-16-62. Failure to notify adjoining property owners of harvesting operations - Criminal penalties.
§2-16-63. Fraudulent sales of timber – Failure to pay full price - Criminal penalties.
§2-16-64. Documentation to be maintained by harvesters.
§2-16-65. Evidence of ownership to be required by timber purchasers.
§2-16-66. Use of false identification or declaration of ownership - Criminal penalties.
§2-16-67. Forestry in schools - Rangers and teachers to cooperate.
§2-16-69. State tree - Redbud.
§2-16-70. Management to be for public interest.
§2-16-71.2. Entry upon farm or ranch lands for recreational purposes - Duty of owner.
§2-16-71.4. Applicability of Sections 16-71.2 and 16-71.3 to duties and liability of owner.
§2-16-71.5. Liability not limited by act.
§2-16-71.7. Agricultural land - Trespass - Duty owed.
§2-16-74. Federal excess property - Fire services.
§2-16-81. Volunteer Firefighter Employer Contribution Payment Revolving Fund.
§2-16-82. Transfer of payments to Oklahoma Firefighters Pension and Retirement System.
§2-16-83. Rural Fire Equipment Grant Revolving Fund.
§2-17-2. Declaration of legislative intent.
§2-17-4. Persons who may organize associations.
§2-17-5. Purposes and objects for which associations may be organized.
§2-17-7. Articles of Incorporation - Contents - Execution, acknowledgment and filing - Evidence.
§2-17-8. Filing of Articles of Incorporation or amendments - Fees.
§2-17-9. Amendment of Articles of Incorporation - Filing.
§2-17-10. Bylaws - Adoption - Amendment of bylaws - Subjects which may be regulated.
§2-17-12. Certificates of membership or stock certificates - Transfer - Preferred stock.
§2-17-14. Regular meetings - Special meetings - Notice.
§2-17-18. Election of existing associations to come under act.
§2-17-19. Inducing or attempting to induce breach of marketing contract - Penalty.
§2-17-20. Liability for inducing breach of marketing contracts - Injunctions.
§2-17-22. Quo warranto proceedings.
§2-17-23. Licensing and taxation.
§2-17-24. Application of general business corporation laws.
§2-18-10. Oklahoma Sheep and Wool Commission - Administrative expense limit.
§2-18-33. Board of the Oklahoma Beef Council.
§2-18-34. Oklahoma Beef Council.
§2-18-35. Duties of members of the Oklahoma Beef Council.
§2-18-36. Assessment of fee – Exemption.
§2-18-37. Enforcement actions – Injunctive relief.
§2-18-38. Refund – Collection action.
§2-18-40. Exemption of Council from certain state laws.
§2-18-41. Act effective upon cessation of federal statute.
§2-18-42. Oklahoma Beef Council Revolving Fund.
§2-18-50. Oklahoma Peanut Act.
§2-18-57. Assessments - Refunds - Liens.
§2-18-58. Receipt for assessments - Peanut Commission Revolving Fund.
§2-18-60. Foreclosure of lien.
§2-18-181. Sheep and Wool Utilization, Research and Market Development Commission.
§2-18-183. Membership of Commission.
§2-18-184. Election of Commission members.
§2-18-185. Removal of members.
§2-18-186. Officers - Meetings.
§2-18-187. Powers of Commission.
§2-18-188. Publication of ballot and other information - Voting.
§2-18-189. Assessments - Remittance.
§2-18-190. Referendum on continuation of assessments.
§2-18-191. Reports and remittance of fees - Penalties.
§2-18-192. Reports by Commission.
§2-18-193. Refunds - Application.
§2-18-195. Cooperation with other organizations.
§2-18-196. Actions by Attorney General - Penalties.
§2-18-240. Short title - Purpose.
§2-18-245. Assessment of fees.
§2-18-246. Report and remittance of fees.
§2-18-251. Referendum on assessments.
§2-18-270. Short title - Purpose.
§2-18-275. Oilseed fee – Collection of assessment.
§2-18-277. Annual report to Secretary of Agriculture.
§2-18-279. Oklahoma Oilseed Resources Fund.
§2-18-281. Referendum to continue assessment.
§2-18-300. Short title - Oklahoma Wheat Resources Act.
§2-18-308. Promotional fee - Assessment and allocation.
§2-18-309. Referendum to determine continuation of fee.
§2-18-310. Pledge or mortgage of wheat - Deduction of fee.
§2-18-311. Report and remittance.
§2-18-401. Short title - Eastern Redcedar Management Act.
§2-18-402. Legislative intent.
§2-18-404. Duties of the Oklahoma Department of Agriculture, Food, and Forestry.
§2-18-406. Harvesting of Eastern Redcedar trees.
§2-18-407. Eastern Redcedar Revolving Fund.
§2-18-408. Contributing to Eastern Redcedar Revolving Fund - State income tax return.
§2-19-1. State-federal cooperative agreement - Grading of fruits, nuts, and vegetables.
§2-19-2. Airport - Import and export of livestock.
§2-20-2. Short title and purpose.
§2-20-4. Rulemaking and employing authority.
§2-20-6. Licensure – Modification – Designation of operations.
§2-20-7. Application for license.
§2-20-8. Notice and hearing requirements.
§2-20-9. Pollution Prevention Plan.
§2-20-10. Best Management Practices – Swine Waste Management Plans.
§2-20-11. Odor Abatement Plans.
§2-20-12. Prevention of hydrologic connection between wastewaters and waters of state.
§2-20-14. Investigations and inspections.
§2-20-15. License required for operation - Jurisdiction of Department of Environmental Quality.
§2-20-16. Expiration and renewal of licenses - Fees.
§2-20-17. Evidence of financial ability.
§2-20-18. Duties of owners and operators – Nuisance.
§2-20-19. Setback requirements.
§2-20-20. Exemptions applicable to certain operations.
§2-20-21. Liquid swine waste management systems - Location.
§2-20-23. Exceeding swine animal unit capacity – Criteria - Notice.
§2-20-25. Violation points system - Denial, suspension or revocation of license.
§2-20-40. Short title - Purpose.
§2-20-42. Rulemaking and employing authority.
§2-20-44. Mandatory and voluntary licensure - Designation of operations.
§2-20-45. Application for license.
§2-20-46. Notice and hearing requirements.
§2-20-47. Pollution Prevention Plan.
§2-20-48. Best Management Practices - Animal Waste Management Plans.
§2-20-50. Prevention of hydrologic connection between wastewaters and waters of state.
§2-20-52. Investigations and inspections.
§2-20-53. License required for operation - Jurisdiction of Department of Environmental Quality.
§2-20-54. Expiration and renewal of licenses – Fees.
§2-20-55. Evidence of financial ability.
§2-20-56. Duties of owners and operators – Nuisance.
§2-20-57. Setback requirements.
§2-20-58. Setback requirements - Certain feeding operations exempt.
§2-20-60. Exceeding animal unit capacity – Criteria – Notice.
§2-20-61. Violation points system - Denial, suspension or revocation of license.
§2-20-63. Poultry-laying operations.
§2-21.2. Pack-date and expiration date - Regrading and repacking.
§2-1950.10. Short title - Legislative findings.
§2-2002. Tuition waivers for farmers and ranchers.
§2-2003. Qualifications for retraining.
§2-2005. Administration of program - Rules - Advisory committee.