Title 2, Title 2 — Agriculture

license - Transportation to authorized locations. A. The State Board of Agriculture shall promulgate rules for the testing and intrastate movement of live feral swine. B. All persons that transport live feral swine in this state shall be required to obtain a transporter license f…

A. It shall be unlawful and a violation of the Feral Swine Control Act for any person: 1. To refuse an inspection; 2. To fail to comply with importation, testing, permitting, licensing, or transportation requirements; 3. To fail to pay any fee, administrative fine, or penalty; 4.…

violation of requirements - Penalties. A. No person shall intentionally or knowingly release or engage in, sponsor, instigate, assist, or profit from the release of any hog, boar, swine, or pig to live in a wild or feral state upon public or private lands, except for: 1. Release …

All feral swine shall be restrained by the owner at all times and seasons of the year from running at large in this state. Any damages caused by feral swine trespassing upon lands of another shall be recovered in any manner provided by law. Added by Laws 2007, c. 5, § 12, eff. No…

A person shall not be considered the owner of a feral swine if, within a twenty-four-hour period, the person catches, tags, and releases the feral swine in the same location that it was caught. Added by Laws 2012, c. 32, § 3, eff. Nov. 1, 2012.

Recognizing the success of other states, like Mississippi and New Mexico, utilizing the Judas pig tagging system, the Legislature encourages using the Judas pig tagging system as an effective technique of hunting and controlling the feral swine population. Added by Laws 2012, c. …

A program for the control and eradication of brucellosis among livestock of the State of Oklahoma shall be maintained by the State Board of Agriculture. The program shall be composed of a plan or combination of plans adopted or recommended by the United States Department of Agric…

A. The official test for brucellosis shall be any serologic or bacteriologic test recognized by and listed in the United States Department of Agriculture Uniform Methods and Rules of Brucellosis Eradication or listed in the Code of Federal Regulations. An official test must be co…

identification – Reports. A. Whenever any blood sample is drawn for the purpose of testing for brucellosis, the person drawing the blood sample shall ensure application of official identification, approved by the State Veterinarian. If official identification is already present, …

Tagging – Removal of permanent mark or brand. A. The owner of exposed animals or reactors shall present the animals for branding or tagging within fifteen (15) days after receiving notice of reaction or exposure. The failure of an owner to comply with the requirements of this sub…

The Brucellosis Milk Surveillance test made with whole milk or cream and an approved antigen, in a manner and by a person approved by the United States Department of Agriculture and the State Board of Agriculture, may be used to indicate the possibility of the presence of reactor…

Officially vaccinated animals shall have been inoculated with a vaccine approved by the United States Department of Agriculture and the State Board of Agriculture in a manner and by a person approved by the Board. The inoculation shall be made between ages specified by the Board.…

It shall be unlawful for any person to sell, furnish, give away, or supply any biological product containing Brucella organisms for use in this state except to persons, firms, or agencies approved in writing by the State Veterinarian. Added by Laws 1955, p. 48, art. 6(E), § 7. Am…

Disposition. All livestock declared to be infected with brucellosis shall be immediately quarantined and shall be disposed of only as prescribed in the approved plan. Prior to movement or change of ownership, plans for disposition of infected animals shall be made and reported to…

As used in this subarticle: 1. "Cooperative association" means any group in which farmers or producers act together in the market preparation, processing, or marketing of farm products or any association, not having capital stock or operated for a profit, and organized under this…

Commingling of monies. A. 1. A dairy farmer from whom milk was purchased by a milk processor may require the milk processor to establish an escrow account for the benefit of the dairy farmer for the payment of the purchase price of milk as specified in paragraph 2 of this subsect…

A milk processor may not purchase raw milk from a dairy farmer unless: 1. Payment of the purchase price is made according to the provisions prescribed by an applicable federal milk marketing order; 2. Any additional provisions are agreed on by both the dairy farmer or the agent o…

This subarticle does not apply to transactions between a cooperative association while acting as a marketing agent and its members. Added by Laws 1988, c. 139, § 4, eff. Nov. 1, 1988. Amended by Laws 2001, c. 146, § 7, emerg. eff. April 30, 2001. Renumbered from § 754 of this tit…

A milk processor who fails to pay for raw milk as provided by this subarticle is liable to the dairy farmer for: 1. The purchase price of the raw milk; 2. Interest on the purchase price at the rate fixed by law for civil judgments commencing from the date possession is transferre…

payments - Penalties. Any milk processor failing to establish an escrow account upon receipt of notification of a dairy farmer pursuant to the provisions of this subarticle or who fails to continue to make payments until the dairy farmer has received full payment of the purchase …

Sections 4 through 23 of this act shall be known and may be cited as the "Oklahoma Milk and Milk Products Act". Added by Laws 1981, c. 43, § 1, emerg. eff. April 8, 1981. Amended by Laws 1987, c. 206, § 17, operative July 1, 1987; Laws 1987, c. 236, § 3, emerg. eff. July 20, 1987…

It is the policy of this state and the purpose of the Oklahoma Milk and Milk Products Act to regulate the quality and the minimum sanitary requirements of the production, processing, and distribution of milk and milk products in a manner that shall: 1. Protect the health, safety,…

As used in the Oklahoma Milk and Milk Products Act: 1. "Bulk milk hauler/sampler" means any person collecting official samples who may transport raw milk from a farm or raw milk products to or from a milk plant, receiving station, or transfer station and has in his or her possess…

A. The State Board of Agriculture shall promulgate rules governing: 1. The production, transportation, processing, pasteurization, handling, identity, sampling, examination, labeling, marking, shipping statements, optional ingredients, definitions and sanitary conditions for milk…

The Commissioner of Agriculture shall have the power and duty to: 1. Administer and supervise the enforcement of the Oklahoma Milk and Milk Products Act; 2. Provide for periodic inspection and investigation as necessary to determine compliance with the Oklahoma Milk and Milk Prod…

A. Only Grade A pasteurized milk and milk products or Grade A raw milk shall be sold to the final consumer; provided, however: 1. Only Grade A pasteurized milk shall be sold through restaurants, soda fountains, grocery stores, or similar establishments, including school lunch roo…

A. Any Grade A milk or milk product shall be adulterated if: 1. It bears or contains any poisonous, deleterious, or inhibitor substance in a quantity which may render it injurious to health; 2. It bears or contains any added poisonous, inhibitor, or deleterious substance for whic…

A. No person shall produce, haul, process, or distribute Grade A raw milk for pasteurization or milk and milk products, or hold oneself out as a milk producer, transporter, processor, or distributor or represent a dairy farm, bulk milk hauler/sampler, milk tank truck driver, milk…

A. The Commissioner of Agriculture shall collect and analyze representative samples, at least four times in any consecutive six (6) months, of Grade A raw milk for pasteurization and Grade A milk and milk products from each Grade A dairy farm, or milk plant and shall collect and …

A. Since analytical results may not become available until after the milk and milk products reach retail stores and consumers, the Commissioner of Agriculture, for the imperative protection of public health, safety, and welfare, as defined in the Administrative Procedures Act, sh…

A. No person affected with any disease capable of being transmitted to others through the contamination of food shall work at any dairy farm or milk plant in any capacity which brings that person into contact with the equipment involved or employees engaged in the producing, hand…

A. All milk for pasteurization and for Grade A raw distribution shall be from herds located in a Modified Accredited Tuberculosis Area as determined by the U.S. Department of Agriculture; provided, that herds located in an area that fails to maintain accredited status shall have …

It shall be unlawful for any person to knowingly, willfully or recklessly: 1. Attempt to produce, haul, process or distribute milk or milk products without an appropriate and valid permit; 2. Sell, offer or expose for sale as Grade A any adulterated or misbranded milk or milk pro…

A. The provisions of the Oklahoma Milk and Milk Products Act shall not be construed to: 1. Include incidental sales of raw milk directly to consumers at the farm where the milk is produced; 2. Preclude the advertising of the incidental sale of goat milk; and 3. Prohibit any farme…

A. A fee of one cent ($0.01) shall be assessed on each one hundred (100) pounds of raw milk produced in this state. Each co- op, marketing agent, or processing plant where the raw milk is not collected by a co-op or marketing agent, doing business in Oklahoma shall pay the fees e…

There is hereby created in the State Treasury a revolving fund to be known as the "Milk and Milk Products Inspection Revolving Fund". The fund shall be a continuing fund not subject to fiscal year limitations and is appropriated and may be budgeted and expended by the Commissione…

No person shall produce, haul, process or distribute ungraded raw milk or milk products or hold himself out as an ungraded milk producer, hauler, processor or distributor unless such person possesses an appropriate and valid permit for the particular premises or facilities concer…

Costs - Correction of violation - Bond. A. Whenever the Commissioner of Agriculture finds any dairy product, in whole or in part, that fails to meet the requirements of the Oklahoma Milk and Milk Products Act, or that a product is handled in violation of law or rules of the State…

The Oklahoma State Department of Agriculture is hereby designated as the official state agency of this state for purposes of cooperating with and implementing the dairy inspection and grading program under the jurisdiction of the United States Department of Agriculture. Added by …

As used in this subarticle: 1. "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means relating to seed; 2. "Agricultural seeds" means the seeds of grass, forage, cereal and fiber crops, and any other kinds of seeds com…

A. Each bag, container, package, or bulk of agricultural seed transported, sold, offered for sale, or exposed for sale by any person within the State of Oklahoma for planting purposes, shall have, bear, or have attached in a conspicuous place, a plainly written or printed label o…

A. It shall be unlawful for any person to sell, offer for sale, or expose for sale any agricultural seed or vegetable seed within this state: 1. Unless a license has been obtained in accordance with the provisions of Sections 8-21 through 8-29 of this title; 2. Unless the date of…

Each person whose name appears on the label and handles agricultural and vegetable seed subject to this subarticle shall keep, for a period of at least two (2) years, complete records of each lot of agricultural or vegetable seed handled, and shall keep for at least one (1) year …

A. No person shall be subject to the penalties of this subarticle for having sold, offered, or exposed for sale in this state any agricultural seed or vegetable seed which is incorrectly labeled or represented as to kind, kind and variety, or origin which cannot be identified by …

The State Board of Agriculture shall have authority: 1. To sample, test, make analysis of, and inspect any agricultural seed or vegetable seed transported, sold, offered or exposed for sale within this state for planting purposes, at any time and place and to any extent necessary…

A. The Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way the regulation and enforcement of the registration, labeling, sale, storage, transportation, distribution, notification of use, and use of seeds to the complete exclu…

Any agricultural seed or vegetable seed sold, offered for sale, or exposed for sale in violation of any of the provisions of this subarticle or rules promulgated thereto shall be subject to seizure on petition of the State Board of Agriculture to a court in the locality in which …

A. Nothing in Sections 8-21 through 8-28 of this title shall be construed as requiring the State Board of Agriculture or any authorized agent to report, for prosecution, or for the institution of seizure proceedings, minor violations of Sections 8-21 through 8- 28 of this title w…

inspection agency - State agencies for certification. No person shall use the term "certified", alone or with other words, or use any other term or words which suggest certification by a designated inspection agency, orally or in writing, relative to any agricultural or vegetable…

constitutes. Every person who issues, uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead, marketing circular, written or printed representation, or description pertaining to seeds, tubers, plants, or plant parts intended for propagation or sale, whi…