0 chapters · 1,053 sections in this title.
2 O.S. § 2-34 Maintaining position of easement gate at use — Violations
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— Penalties. A. Any individual entering through gates used for ingress or egress to a property designated as an easement shall maintain the position of the gate upon use. B. 1. Any individual who violates the provisions of subsection A of this section shall, upon conviction, be g…
2 O.S. § 2-4 Powers of Board
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A. The State Board of Agriculture shall have the power to: 1. Adopt and prescribe the use of a seal, which shall be in the custody of the Secretary of the Board; 2. Promulgate rules necessary, expedient, or appropriate to the performance, enforcement, or carrying out of any of th…
2 O.S. § 2-4b Reciprocal agreements
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A. The Commissioner of the State Department of Agriculture may enter into reciprocal agreements with: 1. A state agriculture agency or corresponding agency of another state, or with the person, board, officer, or commission authorized to act on behalf of that department or agency…
2 O.S. § 2-4c Livestock policy implementation – Restriction on local
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orders, ordinances, and regulations. A. Except as may otherwise be provided by law, the Oklahoma Department of Agriculture, Food, and Forestry shall be the state entity empowered to implement the policy of the state regarding the care and handling of livestock in this state. B. N…
2 O.S. § 2-4d Temporary employees
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A. For the purposes of the State Board of Agriculture, seasonal employees employed by the Oklahoma Department of Agriculture, Food, and Forestry who work less than nine hundred ninety-nine (999) hours in a twelve-month period shall be considered temporary employees and shall be u…
2 O.S. § 2-4e Confidentiality of electronic mail addresses
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The Oklahoma Department of Agriculture, Food, and Forestry shall keep confidential the electronic mail addresses provided to the Department through any online licensing program or similar electronic licensing system. The electronic mail addresses shall not be releasable pursuant …
2 O.S. § 2-5 Official agency
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Except for matters which have been expressly delegated to another state agency, the State Board of Agriculture shall be the official agency of the State of Oklahoma in the relations of this state with the United States Department of Agriculture, any other federal agency, or any a…
2 O.S. § 2-6 Advisory or consulting committees - Appointment
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The State Board of Agriculture shall have authority to appoint advisory or consulting committees from the residents of the state who are interested in the various phases of agriculture, either in conservation, production, processing, regulation, or sale of agricultural products. …
2 O.S. § 2-7 Records and files as evidence – Enforcement of penalties
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and fines. A. The records, files, and books of the State Board of Agriculture shall be receivable as evidence. The rules and orders of the Board, when published, shall be public notice and shall have the force and effect of law and be judicially noticed and considered. When order…
2 O.S. § 2-8 Certified copies as evidence
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Duly-certified copies of any book, record, file, or proceeding, or any part, shall be competent as a matter of evidence in court when certified as a copy by the officer in charge of the book, file, record proceeding or part thereof or by the President or Secretary of the State Bo…
2 O.S. § 2-9 Cooperative contracts and agreements - Grading, sampling or
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inspection - Fees. The State Board of Agriculture may enter into cooperative contracts and agreements with the United States Department of Agriculture, or any other federal or state agency, person, or firm providing for the grading, sampling, or inspection of processed or unproce…
2 O.S. § 20-1 Legislative intent
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It is the intent of the Legislature that the law contained in the Oklahoma Swine Feeding Operations Act shall only apply to swine and operations which house swine. Added by Laws 1998, c. 404, § 1, eff. Aug. 1, 1998. Renumbered from § 9-200 of this title by Laws 2005, c. 292, § 25…
2 O.S. § 20-10 Best Management Practices – Swine Waste Management Plans
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A. 1. All licensed managed feeding operations shall utilize Best Management Practices meeting the conditions and requirements established by subsection B of this section and by rules promulgated by the State Board of Agriculture pursuant to the Oklahoma Swine Feeding Operations A…
2 O.S. § 20-11 Odor Abatement Plans
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A. An Odor Abatement Plan shall be developed by each licensed managed feeding operation prior to the submission of an application pursuant to the provisions of this section and rules promulgated by the State Board of Agriculture pursuant thereto. The Odor Abatement Plan shall inc…
2 O.S. § 20-12 Prevention of hydrologic connection between wastewaters
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and waters of state. A. Any hydrologic connection between wastewater and waters of the state outside that authorized by the provisions of the Oklahoma Swine Feeding Operations Act shall constitute a discharge to waters of the state. B. Except as otherwise provided by Section 20-2…
2 O.S. § 20-13 Irrigation systems
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A. All irrigation systems into which any swine waste will be injected shall be equipped with one or both of the following systems: 1. An antipollution system, approved by the State Board of Agriculture, capable of preventing the backflow of swine waste into the groundwater. The s…
2 O.S. § 20-14 Investigations and inspections
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A. The State Board of Agriculture or its authorized agents are empowered to enter upon the premises of any swine feeding operation for the purpose of investigating complaints as to the operation or to determine whether there are any violations of the Oklahoma Swine Feeding Operat…
2 O.S. § 20-15 License required for operation - Jurisdiction of
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Department of Environmental Quality. A. 1. It shall be unlawful for any person to operate a concentrated swine feeding operation, without first obtaining a license from the State Board of Agriculture. 2. The owner or operator of a swine feeding operation not classified as a conce…
2 O.S. § 20-16 Expiration and renewal of licenses - Fees
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A. Licenses shall expire on June 30 of each year and may be renewed upon payment of the license and swine animal unit fees set forth in this section and continued compliance with the provisions of the Oklahoma Swine Feeding Operations Act and the rules of the Board. B. The fees f…
2 O.S. § 20-17 Evidence of financial ability
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A. Any person who is licensed to operate a swine feeding operation with a liquid swine waste management system within this state shall furnish to the Oklahoma Department of Agriculture, Food, and Forestry evidence of financial ability to comply with the requirements for closure o…
2 O.S. § 20-18 Duties of owners and operators – Nuisance
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A. In addition to any other requirement of the Oklahoma Swine Feeding Operations Act, swine feeding operations owners and operators who are granted a swine feeding operations license shall: 1. Provide adequate veterinarian services for detection, control, and elimination of lives…
2 O.S. § 20-19 Setback requirements
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A. Except as authorized by this subsection, no liquid swine waste shall be land applied within five hundred (500) feet of the nearest corner of an occupied residence not owned or leased by the owner of the swine feeding operation. B. Except as otherwise provided by Section 20-20 …
2 O.S. § 20-2 Short title and purpose
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A. Sections 20-1 through 20-29 of this title shall be known and may be cited as the "Oklahoma Swine Feeding Operations Act". B. The purpose of the Oklahoma Swine Feeding Operations Act is to provide for environmentally responsible construction and expansion of swine feeding opera…
2 O.S. § 20-20 Exemptions applicable to certain operations
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A. The provisions of Section 20-19 of this title relating to setback requirements and the provisions of subsections B and C of Section 20-12 of this title relating to utilization of liners in retention structures or documentation of no hydrologic connection and to a minimum separ…
2 O.S. § 20-21 Liquid swine waste management systems - Location
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Except as otherwise provided by Section 20-19 of this title and subsection I of this section, swine feeding operations using liquid swine waste management systems and housing swine in roof-covered structures shall not be located within the following applicable distances from an o…
2 O.S. § 20-22 Prohibition of new or expanded feeding operations within
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certain distance upstream of Pensacola Project boundary. The Oklahoma Department of Agriculture, Food, and Forestry shall not accept or approve any pending applications requesting permits for construction or expansion of any concentrated swine feeding operation to be located with…
2 O.S. § 20-23 Exceeding swine animal unit capacity – Criteria - Notice
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A. A concentrated swine feeding operation may exceed its swine animal unit capacity if: 1. A diseased or potentially diseased swine exists at the operation; or 2. A diseased or potentially diseased swine is in the next destination for the production line for the operation; and 3.…
2 O.S. § 20-25 Suspension, revocation, or nonrenewal of license
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A. 1. The State Board of Agriculture shall have the power to suspend, revoke or not renew the license of any swine feeding operation after a hearing, and after an administrative determination that the swine feeding operation has violated or has failed to comply with any of the pr…
2 O.S. § 20-26 Penalties
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A. Any person violating the provisions of the Oklahoma Swine Feeding Operations Act or any rule of the State Board of Agriculture promulgated pursuant thereto shall, upon conviction, be deemed guilty of a misdemeanor and upon conviction thereof may be punished by a fine not excee…
2 O.S. § 20-28 Codification
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The Oklahoma Swine Feeding Operations Act shall be enacted as a part of the Agricultural Code and shall be codified accordingly. Added by Laws 1969, c. 116, § 14. Amended by Laws 1997, c. 331, § 21, eff. Sept. 1, 1997. Renumbered from § 9-214 of this title by Laws 2005, c. 292, §…
2 O.S. § 20-29 Repealer
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All laws or parts of laws in conflict herewith are repealed. Added by Laws 1969, c. 116, § 15. Renumbered from § 9-215 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005.
2 O.S. § 20-3 Definitions
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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 lan…
2 O.S. § 20-4 Rulemaking and employing authority
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The State Board of Agriculture is authorized to promulgate rules for the administration, implementation, and enforcement of the Oklahoma Swine Feeding Operations Act. For the performance of its duties and responsibilities, the Board is authorized to employ such personnel and agen…
2 O.S. § 20-40 Short title - Purpose
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A. Sections 28 through 50 of this act shall be known and may be cited as the "Oklahoma Concentrated Animal Feeding Operations Act”. B. The purpose of the Oklahoma Concentrated Animal Feeding Operations Act is to provide for environmentally responsible construction and expansion o…
2 O.S. § 20-41 Definitions
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A. Concentrated animal feeding operations are point sources subject to the license program established pursuant to the provisions of the Oklahoma Concentrated Animal Feeding Operations Act. B. As used in the Oklahoma Concentrated Animal Feeding Operations Act: 1. "Affected proper…
2 O.S. § 20-42 Rulemaking and employing authority
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The State Board of Agriculture is authorized to promulgate rules for the administration, implementation, and enforcement of the Oklahoma Concentrated Animal Feeding Operations Act. For the performance of its duties and responsibilities, the Board is authorized to employ such pers…
2 O.S. § 20-44 Mandatory and voluntary licensure - Designation of
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operations. A. 1. Any animal feeding operation meeting the criteria defining a concentrated animal feeding operation shall be required to obtain a license to operate pursuant to the Oklahoma Concentrated Animal Feeding Operations Act and rules promulgated pursuant thereto. 2. No …
2 O.S. § 20-45 Application for license
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A. The State Board of Agriculture shall cause to be prepared and available, for any person desiring or required to apply for a license to operate a new or previously unlicensed animal feeding operation, the necessary forms and applications. B. The application for a license to ope…
2 O.S. § 20-46 Notice and hearing requirements
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A. 1. Any person applying for a license for a new animal 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 …
2 O.S. § 20-47 Pollution Prevention Plan
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A. An animal feeding operation licensed pursuant to the provisions of the Oklahoma Concentrated Animal Feeding Operations Act shall develop a Pollution Prevention Plan or may substitute equivalent measures contained in a site-specific Animal Waste Management Plan prepared pursuan…
2 O.S. § 20-48 Best Management Practices - Animal Waste Management
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Plans. A. Animal feeding operations licensed pursuant to the provisions of the Oklahoma Concentrated Animal Feeding Operations Act shall utilize Best Management Practices, or may substitute for best management practice equivalent measures contained in a site- specific Animal Wast…
2 O.S. § 20-50 Prevention of hydrologic connection between wastewaters
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and waters of state. A. Any hydrologic connection between wastewater and waters of the state outside that authorized by the provisions of the Oklahoma Concentrated Animal Feeding Operations Act shall constitute a discharge to waters of the state. B. Site-specific conditions shall…
2 O.S. § 20-51 Irrigation systems
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A. All irrigation systems into which any animal waste will be injected shall be equipped with one or both of the following systems: 1. An antipollution system, approved by the State Board of Agriculture, capable of preventing the backflow of animal waste into the groundwater. The…
2 O.S. § 20-52 Investigations and inspections
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A. The State Board of Agriculture or its authorized agents are empowered to enter upon the premises of any animal feeding operation for the purpose of investigating complaints as to the operation or to determine whether there are any violations of the Oklahoma Concentrated Animal…
2 O.S. § 20-53 License required for operation - Jurisdiction of
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Department of Environmental Quality. A. 1. It shall be unlawful for any person to operate a concentrated animal feeding operation without first obtaining a license from the State Board of Agriculture. 2. The owner or operator of an animal feeding operation not classified as a con…
2 O.S. § 20-54 Expiration and renewal of licenses – Fees
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A. Licenses shall expire on June 30 of each year and may be renewed upon payment of the license fee set forth in this section and continued compliance with the provisions of the Oklahoma Concentrated Animal Feeding Operations Act and the rules of the Board. B. The fees for an ani…
2 O.S. § 20-55 Evidence of financial ability
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A. Any person who is licensed to operate an animal feeding operation with a liquid animal waste management system within this state shall furnish to the Oklahoma Department of Agriculture, Food, and Forestry evidence of financial ability to comply with the requirements for closur…
2 O.S. § 20-56 Duties of owners and operators – Nuisance
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A. In addition to any other requirement of the Oklahoma Concentrated Animal Feeding Operations Act, animal feeding operations owners and operators who are granted an animal feeding operations license shall: 1. Provide adequate veterinarian services for detection, control, and eli…
2 O.S. § 20-57 Setback requirements
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A. Except as authorized by this subsection, no liquid animal waste shall be land applied within five hundred (500) feet of the nearest corner of an occupied residence not owned or leased by the owner of the animal feeding operation. B. Except as provided by Section 20-58 of this …
2 O.S. § 20-58 Setback requirements - Certain feeding operations exempt
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Animal feeding operations, other than a concentrated animal feeding operation, not licensed pursuant to the provisions of the Oklahoma Feed Yards Act in operation on the effective date of this act shall not be subject to any setback requirements not in effect on the date of past …