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0 chapters · 1,053 sections in this title.
2 O.S. § 20-59 Prohibition of construction of 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 of any concentrated animal feeding operation to be located within one (1) m…
2 O.S. § 20-6 Licensure – Modification – Designation of operations
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A. 1. Any swine feeding operation meeting the criteria defining a concentrated swine feeding operation shall be required to obtain a license to operate pursuant to the Oklahoma Swine Feeding Operations Act and rules promulgated pursuant thereto. 2. No swine feeding operation whic…
2 O.S. § 20-60 Exceeding animal unit capacity – Criteria – Notice
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A. A concentrated animal feeding operation may exceed its animal unit capacity if: 1. A diseased or potentially diseased animal exists at the operation; or 2. A diseased or potentially diseased animal is in the next destination for the production line for the operation; and 3. Th…
2 O.S. § 20-61 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 animal feeding operation after a hearing, and after an administrative determination that the animal feeding operation has violated or has failed to comply with any of the …
2 O.S. § 20-62 Penalties
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A. Any person violating the provisions of the Oklahoma Concentrated Animal Feeding Operations Act or any rule of the Board promulgated pursuant thereto shall, upon conviction, be deemed guilty of a misdemeanor and upon conviction thereof may be punished by a fine not exceeding Tw…
2 O.S. § 20-63 Poultry-laying operations
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A. Due to the inherently unique nature of poultry-laying operations, and the increased propensity for vector propagation at such facilities, poultry-laying operations licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act, shall be conducted only in a manner…
2 O.S. § 20-64 Codification
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The Oklahoma Concentrated Animal Feeding Operations Act shall be enacted as a part of the Agricultural Code and shall be codified accordingly. Added by Laws 2007, c. 31, § 50, eff. Nov. 1, 2007.
2 O.S. § 20-7 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 swine feeding operation or expanding operation, the necessary forms and applications. B. The applicatio…
2 O.S. § 20-8 Notice and hearing requirements
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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 affect…
2 O.S. § 20-9 Pollution Prevention Plan
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A. A Pollution Prevention 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 Pollution Prevention Pla…
2 O.S. § 2002 Tuition waivers for farmers and ranchers
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From and after July 1, 1986, if funds become available and if considered economically feasible by the State Board of Career and Technology Education, any Oklahoma farmer and rancher who meets the criteria set forth in this act shall be entitled to accept tuition waivers and to at…
2 O.S. § 2003 Qualifications for retraining
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In order for farmers and ranchers to qualify for retraining, they shall: 1. Have at least fifty percent (50%) of income from farming and ranching on or after January 1, 1983, and the applicant furnish appropriate federal and state tax returns to verify facts necessary to qualify …
2 O.S. § 2005 Administration of program - Rules - Advisory committee
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A. The State Board of Career and Technology Education shall administer this program with present personnel and shall not hire any new employees to assist in administering this act. B. The State Board of Career and Technology Education shall adopt rules pertaining to this act whic…
2 O.S. § 2006 Quota system
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In the event that any institution is being seriously handicapped in its ability to provide an education or training for all of its students as a result of a disproportionate amount of tuition-waiver students under this act, then the administrative officer of such institution shal…
2 O.S. § 21.2 Pack-date and expiration date - Regrading and repacking
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(a) A pack-date may be in a three-digit julian date or a calendar date. (b) If an expiration date is used on the container, the date shall be preceded by EXP. (c) Eggs removed from sale as a result of the expiration date on the container may be regraded and repacked if such eggs …
2 O.S. § 2A-1 Short title - Purpose - Applicability - Water programs
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A. Sections 2 through 11 of this act shall be known and may be cited as the “Oklahoma Agriculture Pollutant Discharge Elimination System Act”. B. The purpose of the Oklahoma Agriculture Pollutant Discharge Elimination System Act is to: 1. Implement the federal National Pollutant …
2 O.S. § 2A-10 Application for permit - Compliance with local
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ordinances, rules or requirements. A. For permits or other authorizations required pursuant to the Oklahoma Agricultural Code, applicants shall file applications in the form and manner established by the Oklahoma Department of Agriculture, Food, and Forestry. The Department shall…
2 O.S. § 2A-2 Definitions
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As used in the Oklahoma Agriculture Pollutant Discharge Elimination System Act: 1. “Administrative hearing”, “administrative permit hearing”, “enforcement hearing” and “administrative enforcement hearing” mean a quasi-judicial individual proceeding, held by the Oklahoma Departmen…
2 O.S. § 2A-21 Short title
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Sections 12 through 20 of this act shall be known and may be cited as the “Oklahoma Agriculture Environmental Permitting Act”. Added by Laws 2005, c. 292, § 12, eff. July 1, 2005.
2 O.S. § 2A-22 Definitions
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For the purposes of the Oklahoma Agriculture Environmental Permitting Act: 1. “Application” means a document or set of documents, filed with the Oklahoma Department of Agriculture, Food, and Forestry for the purpose of receiving a permit or the modification, amendment, or renewal…
2 O.S. § 2A-23 Rules designating application tiers
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A. The State Board of Agriculture shall have the authority to promulgate rules to implement the Oklahoma Agriculture Environmental Permitting Act for each tier that will to the greatest extent possible: 1. Enable applicants to follow a consistent application process; 2. Ensure th…
2 O.S. § 2A-24 Powers and duties of Department
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A. The Oklahoma Department of Agriculture, Food, and Forestry is hereby authorized to implement and enforce the provisions of the Oklahoma Agriculture Environmental Permitting Act and rules promulgated thereunder. B. In addition to authority under the Oklahoma Agricultural Code, …
2 O.S. § 2A-25 Tier II or III applications - Publication of notice of
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filing - Process meeting on Tier III applications. A. Upon filing a Tier II or III application with the Oklahoma Department of Agriculture, Food, and Forestry, the applicant shall publish notice of the filing as legal notice in one newspaper of general circulation local to the pr…
2 O.S. § 2A-26 Tier II or III applications - Draft denial or permit
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A. Upon conclusion of its technical review of a Tier II or III application within the permitting timeframes established by rules promulgated by the State Board of Agriculture, the Oklahoma Department of Agriculture, Food, and Forestry shall prepare a draft denial or draft permit.…
2 O.S. § 2A-27 Public meeting on draft denial or permit
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A. Pursuant to the rules of the Oklahoma Department of Agriculture, Food, and Forestry, the Department shall promptly schedule and hold a formal public meeting if the Department receives timely written request for the meeting on the draft denial or draft permit. B. Notice of the …
2 O.S. § 2A-28 Tier II applications - Final permit - Response to
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comments - Tier III applications - Proposed permit - Notice and hearing - Final denial or permit. A. For draft permits or draft denials for Tier II applications on which no comment or public meeting request was received in a timely manner and on which no public meeting was held, …
2 O.S. § 2A-29 General permits
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For common and routine permit applications, the Oklahoma Department of Agriculture, Food, and Forestry may expedite the permitting process by issuing permits of general applicability, hereafter identified as general permits. General permits shall be subject to all the Tier II adm…
2 O.S. § 2A-3 Authority of Board to promulgate rules - Powers of
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Department. A. The State Board of Agriculture shall have the power and duty to promulgate rules implementing and effectuating the Oklahoma Agriculture Pollutant Discharge Elimination System Act. The rules may incorporate by reference any applicable rules, regulations, and policie…
2 O.S. § 2A-4 Disclosure of interest in regulated entities
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Any employee of the Oklahoma Department of Agriculture, Food, and Forestry in a technical, supervisory or administrative position relating to the review, issuance, or enforcement of permits pursuant to the Oklahoma Agricultural Code who is an owner, stockholder, employee or offic…
2 O.S. § 2A-5 Director of the Agricultural Pollutant Discharge
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Elimination System. A. The Commissioner of Agriculture shall appoint the Director of the Agriculture Pollutant Discharge Elimination System. The Director shall serve at the pleasure of the Commissioner. B. The Director shall have experience in agriculture, forestry, conservation,…
2 O.S. § 2A-6 Discharge of pollutant into state waters - Schedule of
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compliance and conditions - Permits. A. It shall be unlawful for any person regulated by the Oklahoma Department of Agriculture, Food, and Forestry pursuant to its environmental jurisdiction to discharge any pollutant into waters of the state except in accordance with a permit fr…
2 O.S. § 2A-7 Inspection of and access to permitted and unpermitted
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facilities - Issuance of discharge permit prohibited in certain situations - Documents open to public - Trade secrets protected. A. Any holder of a permit or applicant for a permit shall be deemed to have given consent to any authorized officer, employee, or agent of the Oklahoma…
2 O.S. § 2A-8 Rules for storm water discharges
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The State Board of Agriculture shall promulgate rules which prescribe permit requirements applicable to discharges composed entirely of storm water that shall at a minimum meet federal law. The rules may require permits on a case-by-case basis, exempt categories of discharges, or…
2 O.S. § 2A-9 Violations of act, permit, rule or order - Recovery of
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damages - Right of intervention - Notice - Hearings - Penalties - Review. 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 …
2 O.S. § 3-100 Short title
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This subarticle shall be known and may be cited as the Oklahoma Apiary Act. Added by Laws 1988, c. 259, § 1, operative July 1, 1988. Amended by Laws 2000, c. 367, § 16, emerg. eff. June 6, 2000.
2 O.S. § 3-100.1 Definitions
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For purposes of the Oklahoma Apiary Act: 1. “Abandoned apiary” means any apiary not regularly attended in accordance with good beekeeping practices; 2. “Africanized honeybee” or “Apis mellifers scutellata” means a hybridized bee of African descent that at any stage of development…
2 O.S. § 3-101 Enforcement of act - Powers of Board
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A. The State Board of Agriculture or its authorized agents shall have the authority to enter any premises or mode of transportation during reasonable hours for the purpose of implementing the Oklahoma Apiary Act or rules promulgated pursuant thereto. B. The Board or its authorize…
2 O.S. § 3-103 Quarantine – Declaration of bee disease or pest - Order
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to destroy. A. Upon the discovery of any bee disease or pest, a premise shall be quarantined by the Oklahoma Department of Agriculture, Food, and Forestry. B. The State Board of Agriculture shall have the authority to declare any form of bee, plant, animal, or virus that is injur…
2 O.S. § 3-106 Sales and transport of apiaries, equipment, bees, or
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hives. A. A person shall not sell or offer for sale any apiary, apiary equipment, bee, or hive in this state unless free of bee diseases or pests. B. Any apiary, apiary equipment, bee, or hive shipped or transported interstate shall be accompanied with a certificate of inspection…
2 O.S. § 3-113 Voluntary registration program – Location of new apiaries
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– Abandoned apiaries. A. The Oklahoma Department of Agriculture, Food, and Forestry, on a form prescribed by the Department, shall establish a voluntary registration program. The program shall be available to any of the following: 1. Any person establishing, maintaining, or locat…
2 O.S. § 3-116 Certificate of inspection – Pollination or honey
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production colony inspection - Investigation. A. For the purposes of obtaining a certificate of inspection, a person may request the Oklahoma Department of Agriculture, Food, and Forestry to conduct an inspection of their apiary, colony, hive, apiary equipment, or premise. B. Upo…
2 O.S. § 3-117 Inspection fee - Inspection procedures
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A. 1. Any beekeeper who requests inspection of an apiary, colony, hive, apiary equipment, or premise pursuant to the Oklahoma Apiary Act, is subject to an inspection fee as established by the State Board of Agriculture. 2. During an inspection or upon request, the Oklahoma Depart…
2 O.S. § 3-117.1 Requirements for transport of bees into state
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A. Prior to entry into Oklahoma all migratory beekeepers and persons shipping or transporting bees into Oklahoma shall provide the following to the Oklahoma Department of Agriculture, Food, and Forestry: 1. Information required on an entry form prescribed by the Department; 2. An…
2 O.S. § 3-121 Violations
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It shall be unlawful and a violation of the Oklahoma Apiary Act for any person: 1. To refuse to permit an inspection provided for by the Oklahoma Apiary Act, or to hinder or interfere with, in any way, the inspection or the person authorized to make the inspection; 2. To rent a c…
2 O.S. § 3-122 Hearing - Emergency order
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A. Whenever the Oklahoma Department of Agriculture, Food, and Forestry determines there are reasonable grounds to believe that there has been a violation of any of the provisions of the Oklahoma Apiary Act, any rule, or any order of the State Board of Agriculture, the alleged vio…
2 O.S. § 3-123 Retention of Africanized honeybees prohibited -
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Exception. A. It shall be illegal to retain Africanized honeybees except for specifically approved research purposes as determined by rules promulgated by the State Board of Agriculture. B. All abandoned apiaries observed or captured in counties where Africanized honeybees have b…
2 O.S. § 3-124 Certified Beekeeper Program - European Honeybee
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Certification Program. A. The State Board of Agriculture may promulgate rules to establish a Certified Beekeeper Program. B. The Board may promulgate rules to establish and administer a voluntary European Honeybee Certification Program. Added by Laws 2005, c. 135, § 12, eff. Nov.…
2 O.S. § 3-125 Local laws on honeybee hives not authorized – Apiary
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zoning exception. No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution prohibiting, impeding, or restricting the establishment or maintenance of hon…
2 O.S. § 3-130 Tick eradication program - Funding
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The Oklahoma Department of Agriculture, Food, and Forestry shall establish and maintain by November 1, 2006, a tick eradication program. Funding for this program shall be appropriated to the Department as directed by the Legislature. Added by Laws 2006, c. 211, § 21, eff. Nov. 1,…
2 O.S. § 3-211 Weed Free Hay Certification Act
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This act shall be known and may be cited as the “Weed Free Hay Certification Act”. Added by Laws 2009, c. 44, § 1, eff. Nov. 1, 2009.