0 chapters · 1,053 sections in this title.
2 O.S. § 5-4.3 Conditions for exemption from licensing and other
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requirements. A. The production and sale of homemade food products that meet the following conditions shall be exempt from all licensing and other requirements of the State Department of Health and the Oklahoma Department of Agriculture, Food, and Forestry: 1. Non-time- or -tempe…
2 O.S. § 5-4.4 Reported foodborne illness – Investigation by State
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Department of Health. Nothing in the Homemade Food Freedom Act shall be construed to impede the State Department of Health in any investigation of a reported foodborne illness. Upon receipt of a consumer complaint, the Oklahoma Department of Agriculture, Food, and Forestry shall …
2 O.S. § 5-4.5 Violations
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Violation of the Homemade Food Freedom Act shall be punishable by a fine not exceeding Three Hundred Dollars ($300.00). Added by Laws 2013, c. 40, § 5, eff. Nov. 1, 2013. Renumbered from § 1-1440.4 of Title 63 by Laws 2017 c. 85, § 6, eff. Nov. 1, 2017. Amended by Laws 2021, c. 4…
2 O.S. § 5-4.6 County ordinances
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Nothing in the Homemade Food Freedom Act shall be construed to prevent counties from enacting ordinances regulating the operation of home food establishments, provided such ordinances do not conflict with the provisions of the Homemade Food Freedom Act or impede or restrict the s…
2 O.S. § 5-501 Short title
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This act shall be known and may be cited as the “Oklahoma AgrAbility Project Act”. Added by Laws 2007, c. 181, § 1, eff. Nov. 1, 2007.
2 O.S. § 5-502 Legislative findings
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The Legislature finds the following: 1. Oklahoma is one of the leading agricultural-producing states in the nation. By being involved in such a diverse and highly mechanized industry, the more than one hundred thirty-five thousand agricultural workers in Oklahoma are susceptible …
2 O.S. § 5-503 Definitions
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As used in the Oklahoma AgrAbility Project Act: 1. “Oklahoma AgrAbility Project” means the joint program of the Oklahoma Cooperative Extension Service, ABLE Tech, Langston University, and Oklahoma Assistive Technology Foundation, established in accordance with the AgrAbility Prog…
2 O.S. § 5-504 Assistance to individuals affected by disability -
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Services. A. Subject to available funds, the Oklahoma Cooperative Extension Service shall provide through the existing state program, and contract with other entities that assist disabled farmers, assistance to individuals who are engaged in farming or an agriculture-related acti…
2 O.S. § 5-505 Eligibility
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To be eligible to receive assistance under the Oklahoma AgrAbility Project Act, an individual shall: 1. Be a resident of Oklahoma; 2. Derive a portion of income from production agriculture; 3. Have an impairment that creates a condition of disability; and 4. Meet any additional e…
2 O.S. § 5-506 Oklahoma AgrAbility Project Fund
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The Oklahoma AgrAbility Project Fund may be created at some future time as funds become available to provide low-cost direct assistance to eligible clients through agricultural work accommodations and technologies, to build capacity in health care providers through educational of…
2 O.S. § 5-507 Reports
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If state funds are utilized, unless otherwise required by federal law, the Oklahoma Cooperative Extension Service shall provide the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma Senate a copy of any report or other document that it…
2 O.S. § 5-59 Oklahoma Trade Development program – Establishment –
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Participating entities - Purpose. A. The State Board of Agriculture shall establish an Oklahoma Trade Development program to further the processing and marketing of Oklahoma food products and renewable resources. B. All applicable agencies including, but not limited to, the Divis…
2 O.S. § 5-6 Marketing information and news services
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The State Board of Agriculture shall have authority to furnish market information and market news services for agricultural commodities to producers, packers, shippers, wholesalers, retailers, consumers, and other interested parties. In addition, the Board may determine the type …
2 O.S. § 5-60 Industry Advisory Committee within Oklahoma Food and
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Agricultural Products Research and Technology Center - Members - Subcommittees – Compensation – Quorum - Assistance. A. There is hereby created the “Industry Advisory Committee” within the Oklahoma Food and Agricultural Products Research and Technology Center located at Oklahoma …
2 O.S. § 5-60.1 Short title
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This act shall be known and may be cited as the “Oklahoma Farm to School Program Act”. Added by Laws 2006, c. 257, § 1, eff. Nov. 1, 2006.
2 O.S. § 5-60.10 Short title - Oklahoma Agricultural Commodity Act
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This act shall be known and may be cited as the "Oklahoma Agricultural Commodity Act". Added by Laws 1999, c. 123, § 1, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 1, eff. July 1, 2014.
2 O.S. § 5-60.11 Purpose of act
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A. The purpose of the Oklahoma Agricultural Commodity Act is: 1. To authorize and prescribe the necessary procedures by which the producers of agricultural commodities grown in this state may establish agricultural commodity producers boards to finance programs devised to allevia…
2 O.S. § 5-60.12 Definitions
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As used in the Oklahoma Agricultural Commodity Act: 1. "Agricultural commodity" means an agricultural commodity, horticultural commodity, silvicultural commodity, or agricultural product, horticultural product, viticulture, or silvicultural product, or bees and honey, planting se…
2 O.S. § 5-60.13 Petition for certification – Public hearing
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A. 1. Any nonprofit organization authorized under the laws of this state representing the producers of an agricultural commodity may petition the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry for certification as the organization authorized to establi…
2 O.S. § 5-60.14 Commodity producers board – Ballot – Notice by
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publication – Written notice. A. A certified organization that does not have a statutory assessment may establish a new commodity producers board and conduct an election of members to the commodity producers board for the commodity. The ballot shall also provide for a referendum …
2 O.S. § 5-60.15 Conduction of election and referendum – Eligibility to
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vote – Candidates – Write-in votes. A. Subject to the approval of the Commissioner, the certified organization shall conduct the election and referendum on a statewide basis. B. A producer of the agricultural commodity is eligible to vote in the election and referendum if: 1. The…
2 O.S. § 5-60.16 Preparation and distribution of ballots - Contents
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A. The certified organization shall prepare and distribute all necessary ballots in advance of the referendum and election and shall cause ballots to be available at all polling places. B. The referendum provisions of the ballot shall specify a maximum rate for the authorized ass…
2 O.S. § 5-60.17 Expenses - Reimbursement
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The certified organization is responsible for all expenses incurred in connection with the referendum and election, but it may be reimbursed for actual and necessary expenses out of funds deposited in the treasury of the commodity producers board if the assessment is levied and c…
2 O.S. § 5-60.18 Exemption from assessment
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A. The original referendum and subsequent board elections may provide exemptions for producers from payment of the assessment if the exemptions are included in full written form on the election ballot and are approved by: 1. Two-thirds or more of those voting in the election; or …
2 O.S. § 5-60.19 Contest of election – Voting of ballots - Overstatement
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of volume of production. A. In any contest of an election, a ballot is void if the voter overstated the volume of production of the producer by more than ten percent (10%). Any other error in stating volume of production is not grounds for invalidating the ballot. B. If a ballot …
2 O.S. § 5-60.2 Legislative findings
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A. The Legislature recognizes that: 1. Farm to School Programs link schools and Oklahoma farms in order to provide schools with fresh and minimally processed farm commodities for inclusion in school meals and snacks, to help children develop healthy eating habits, and to improve …
2 O.S. § 5-60.20 Determination of election results
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A. Upon receiving the report of the returns of an election and referendum, the Commissioner shall determine: 1. The number of votes cast for and against the referendum proposition; 2. The total volume of production of the commodity during the relevant production period; 3. The pe…
2 O.S. § 5-60.21 Certification of adoption or defeat of referendum
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proposition. A. In a referendum election, if the Commissioner finds that either of the two conditions set forth in subsection B of this section are met, the Commissioner shall publicly certify the adoption of the referendum proposition and issue certificates of election to those …
2 O.S. § 5-60.22 Board elections
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A certified organization shall conduct elections for the purpose of electing members to the board on a schedule listed in the bylaws of the certified organization. The board shall give notice and hold the election in accordance with the applicable provisions of the Oklahoma Agric…
2 O.S. § 5-60.23 Establishment of board upon certification of referendum
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results. If the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry certifies adoption of a referendum proposition under Section 5-60.21 of this title, the new commodity producers board is established and has the powers and duties prescribed by the Oklahoma…
2 O.S. § 5-60.24 Meeting and organization of board – Terms of office
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A. On receiving certificates of election from the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry, the certified organization's board shall meet and organize. B. Members of the certified organization's initial board shall draw lots so that one-third (1/…
2 O.S. § 5-60.25 Officers of board - Bond
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A. The commodity producers board shall elect from its members a chair, a secretary-treasurer, and other officers that it considers necessary. B. The secretary-treasurer shall execute a corporate surety bond in an amount required by the board. The bond shall be conditioned on the …
2 O.S. § 5-60.26 Powers and duties of board - Rules
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A. The commodity producers board shall have the power and duty to: 1. Employ personnel deemed necessary by the board, fix the amount and manner of their compensation, and incur other expenses that are necessary and proper to enable the board to effectively carry out the purposes …
2 O.S. § 5-60.27 Annual budget – Audits – Annual reports – State budget
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and expenditure limitations. A. The commodity producers board shall provide the annual budget to the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry. B. Accounts of the board are subject to audit on a consistent schedule as established in the organizati…
2 O.S. § 5-60.28 Assessments, donations and grants – Purpose of
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expenditures. A. The board is authorized to receive assessments as provided for in the Oklahoma Agricultural Commodity Act or other statute authorizing an assessment, and donations or grants from any source. B. Money received by the board may be expended for the purpose of implem…
2 O.S. § 5-60.29 Collection of assessment
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A. The processor at the first point of sale determined by the board shall collect the assessment. Except as provided by subsection B of this section, the processor at that point shall collect the assessment by deducting the appropriate amount from the purchase price of the commod…
2 O.S. § 5-60.3 Oklahoma Farm to School Program – Agency staff to
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implement. A. There is hereby created the Oklahoma Farm to School Program within the Oklahoma Department of Agriculture, Food, and Forestry. The Department shall employ a director to administer and monitor the programs and activities related to the Oklahoma Farm to School Program…
2 O.S. § 5-60.30 Refund
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A. A producer who has paid an assessment may obtain a refund of the amount paid by filing an application for refund with the certified organization within sixty (60) days after the date of payment. The application shall be in writing, on a form prescribed by the board for that pu…
2 O.S. § 5-60.31 Increase of maximum rate of assessment – Abolition of
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assessment - Referendum. A. At any election of the commodity producers board, the certified organization may submit to the voters a proposition to increase the maximum rate of assessment. The referendum proposition will be adopted upon a finding that: 1. Two-thirds or more of tho…
2 O.S. § 5-60.32 Failure to remit assessment – Proceedings to recover
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The commodity producers board may investigate conditions that relate to the prompt remittance of the assessment by any producer or processor. If the board determines that a person has failed to remit to the board the required assessment, the board may independently institute proc…
2 O.S. § 5-60.33 Violations – Injunction – Costs and attorney fees
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A violation of any provision of the Oklahoma Agricultural Commodity Act is unlawful and may be enjoined by a district court of competent jurisdiction. In any action brought by a board which results in an injunction against a person and the court determines that such person has vi…
2 O.S. § 5-60.34 Exemption from requirements of act
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All commissions and assessments established before July 1, 1999, are exempt from the requirements and provisions of the Oklahoma Agricultural Commodity Act. However, any statutory commodity board that is replaced by a successor organization approved by the Commissioner of the Okl…
2 O.S. § 5-60.35 Membership of Oklahoma Public Employees Retirement
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System – Employer contributions – Accumulated annual leave and sick leave. A. If a statutory commodity producers board becomes a successor organization, all persons employed by a statutory commodity producers board prior to the date of approval by the Commissioner shall remain me…
2 O.S. § 5-60.36 Transfer of funds, equipment, and property to successor
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organization. All funds, equipment, and all other property shall transfer from the statutory commodity board to the successor organization immediately upon approval of the successor organization by the Commissioner. All funds, equipment, and other property so transferred shall no…
2 O.S. § 5-60.4 Duties of director
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The duties of the director shall include, but not be limited to: 1. Identifying and promoting the critical components of individual Farm to School Programs and advising the agencies on needed actions and strategies to implement the Oklahoma Farm to School Program; 2. Establishing…
2 O.S. § 5-60.5 Program web site
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A. The Oklahoma Department of Agriculture, Food, and Forestry shall establish a Farm to School Program web site for the State of Oklahoma. A direct link to the Farm to School Program web site shall be maintained on the home pages of the State of Oklahoma, the State Department of …
2 O.S. § 5-60.6 Authority to promulgate rules
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The Oklahoma Department of Agriculture, Food, and Forestry is authorized to promulgate rules as necessary to carry out the provisions of this act. Added by Laws 2006, c. 257, § 6, eff. Nov. 1, 2006.
2 O.S. § 5-601 Short title — Donated Agriculture and Wild Game Foods
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Act. This act shall be known and may be cited as the "Donated Agriculture and Wild Game Foods Act". Added by Laws 2024, c. 222, § 1, eff. Sept. 15, 2024.
2 O.S. § 5-602 Definitions
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For the purpose of this act, the following definitions shall apply: 1. "Charitable organization" means any benevolent, philanthropic, patriotic, eleemosynary, educational, social, civic, recreational or religious group or association, or any other person performing or purporting …
2 O.S. § 5-603 Civil and criminal liability exemption
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A. A person or gleaner who, in good faith, donates food for ultimate distribution without charge by a nonprofit corporation, a charitable organization, or a state agency shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition, or pack…