Title 2, Title 2 — Agriculture

certification agency for one crop - State agencies as sole authority. Every person subject to the provisions of this subarticle shall comply with all rules and requirements specified by the Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma Sta…

Certification work, whether conducted by the Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma State University, Division of Agricultural Sciences and Natural Resources, or by an agency designated by them, shall be on a self-supporting basis a…

The Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma State University, Division of Agricultural Sciences and Natural Resources shall not be financially responsible for debts incurred by, damages inflicted by, or contracts broken by designated…

It shall be unlawful for any person to issue, make, use, or circulate any certification without the authority and approval of the Agricultural Experiment Station and the Agricultural Extension Service of the Oklahoma State University, Division of Agricultural Sciences and Natural…

For the purposes of this subarticle, "fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi or bacteria. Added by Laws 1959, p. 5, § 1. Amended by Laws 2001, c. 146, § 16, emerg. eff. April 30, 2001. Renumb…

It shall be unlawful to distribute, sell, or offer for sale, for other than seeding purposes, within the State of Oklahoma, any barley, corn, cotton, oats, peanuts, rye, sorghums, soybeans, wheat, or other seed, cereals, or grain that has been treated with a fungicide, unless it …

Any person violating any of the provisions of this subarticle shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00). Added by Laws 1959, p. 5, § 3. Amended by Laws 2001, c. 146, § 18, emerg. eff. April 30, 2001. Renum…

This act shall be known and may be cited as the "Oklahoma Commercial Feed Law". Added by Laws 1984, c. 15, § 1, eff. July 1, 1985.

A. "Stop Sale" orders: When the State Board of Agriculture has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this act or rules, it may issue and enforce a written or printed "Stop Sale" order, warning the dist…

A. Nothing in this subarticle shall be construed as requiring the State Board of Agriculture or its representative to: 1. Report for prosecution; or 2. Institute seizure proceedings; or 3. Issue a "Stop Sale" order, as a result of minor violations of this subarticle, or when the …

The State Board of Agriculture may publish information concerning the sales of commercial feeds, together with the data on their production and use as it may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the st…

A. The Department of Environmental Quality shall have environmental jurisdiction over: 1. Commercial manufacturers of fertilizers, grain and feed products, and chemicals, and over manufacturing of food and kindred products, tobacco, paper, lumber, wood, textile mill and other agr…

This act shall be administered by the Board of Agriculture of the State of Oklahoma, hereinafter referred to as the "Board". Added by Laws 1984, c. 15, § 2, eff. July 1, 1985.

As used in the Oklahoma Commercial Feed Law: 1. "Brand name" means any word, name, symbol, device, or combination identifying the commercial feed of a distributor or licensee; 2. "Commercial feed" means all materials except whole seeds unmixed or physically altered entire unmixed…

A. 1. Valid licenses are required by all persons whose name appears on the label or invoice as the guarantor manufacturing or distributing of a commercial feed product in this state. The license application must list each manufacturing and distribution facility which is or will b…

A commercial feed shall be labeled as follows: 1. A commercial feed, except a customer-formula feed, shall be accompanied by a label bearing the following information: a. net contents statement (weight or volume), b. the product name and the brand name, if any, under which the co…

A commercial feed shall be misbranded if: 1. Its labeling is false or misleading in any particular; 2. It is distributed under the name of another commercial feed; 3. It is not labeled as required in Section 8-41.5 of this title; 4. It purports to be or is represented as a commer…

A commercial feed shall be adulterated if: 1. a. it contains any poisonous or deleterious substance which may render it injurious to health. If the substance is not an added substance, the commercial feed shall not be considered adulterated under this subsection if the quantity o…

The following acts are prohibited: 1. The manufacture or distribution of any commercial feed that is adulterated or misbranded; 2. The adulteration or misbranding of any commercial feed; 3. The distribution of agricultural commodities like whole seed, hay, straw, stover, silage, …

A. An inspection fee at the rate of fifteen cents ($0.15) per ton shall be paid on commercial feeds and/or feed ingredients distributed in this state by the person whose name appears on the label as the manufacturer, guarantor, or distributor, except that a person other than the …

inspection requirements - Violations - Penalties. A. Any person operating a business that is engaged in the distribution, use, or sale of manipulated manures shall not be subject to the provisions of Sections 8-62 and 8-64 of Title 2 of the Oklahoma Statutes for the sale, use or …

A. Sections 8-77.1 through 8-77.18 of this subarticle shall be known and may be cited as the "Oklahoma Fertilizer Act". B. The purpose of the Oklahoma Fertilizer Act is to provide assurances to the consumer that fertilizer products are properly identified, and that the quality re…

A. A payment of two (2) times the value of the deficiency or deficiencies shall be assessed: 1. If the analysis shows that a fertilizer is deficient in one of its guaranteed primary plant nutrients beyond the investigational allowances and compensations as established by rules; o…

For the purpose of determining the commercial value to be applied under the provisions of Section 8-77.10 of Title 2 of the Oklahoma Statutes, the State Board of Agriculture or its agent shall determine the values per unit of nitrogen, available phosphate, and soluble potash in f…

No person shall distribute misbranded fertilizer. A fertilizer shall be misbranded if: 1. Its labeling is false or misleading; 2. It is distributed under the name of another fertilizer product; or 3. It is not labeled as required in Section 8-77.5 of Title 2 of the Oklahoma Statu…

No person shall distribute an adulterated fertilizer product. A fertilizer shall be adulterated if: 1. It contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied…

The State Board of Agriculture shall have authority to publish information concerning the distribution of fertilizer and results of analyses based on official samples of fertilizer distributed within the state. Added by Laws 2000, c. 367, § 116, emerg. eff. June 6, 2000.

jurisdiction. A. No person owning or operating a fertilizer storage facility or a commercial fertilizer facility shall discharge or release or place or cause to be placed any fertilizer material in a location where it is likely to cause contamination of any surface water or groun…

Any lot of fertilizer not in compliance with the provisions of the Oklahoma Fertilizer Act shall be subject to seizure on petition of the State Board of Agriculture to a court in the area the fertilizer is located. In the event the court finds the fertilizer to be in violation of…

Nothing in the Oklahoma Fertilizer Act shall be construed as requiring the State Board of Agriculture to initiate prosecution or apply for an administrative seizure warrant for minor violations of the law when the Board believes that the public interests will be best served by a …

Nothing in the Oklahoma Fertilizer Act shall be construed to restrict or avoid sales or exchanges of fertilizer to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of fertilizer to …

The Oklahoma Fertilizer Act shall be administered by the State Board of Agriculture. Added by Laws 2000, c. 367, § 104, emerg. eff. June 6, 2000.

As used in the Oklahoma Fertilizer Act: 1. "Brand" means a term, design, or trademark used in connection with one or several grades of fertilizer; 2. "Broker" means a person who negotiates sales and purchases between a manufacturer, distributor, final consumer, or retailer of fer…

Any person operating a business engaged in the distribution or sale of manipulated manures shall not be subject to provisions of Sections 8-77.5 through 8-77.7 of this title if manipulated manures offered for sale, sold, or distributed do not reflect by label any warrantees or gu…

A. The annual license fee for persons operating a business engaged in the distribution or sale of fertilizer shall be Fifty Dollars ($50.00) and expire on a date to be determined by the State Board of Agriculture. B. All fertilizer dealers shall obtain a license from the Board fo…

A. Containers of fertilizer distributed in this state shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: 1. Net weight; 2. Brand and grade; 3. Guaranteed analysis; and 4. Name and address of th…

A. Each registrant distributing fertilizer in this state shall file with the State Board of Agriculture, not later than the last day of January and July of each year, a semiannual inspection fee report setting forth the number of tons sold or distributed during the period and pay…

A. The methods of sampling and analysis shall be those adopted by the Association of Official Analytical Chemists. In cases not covered by these methods, or in cases where methods are available in which improved applicability has been demonstrated, the State Board of Agriculture …

This subarticle shall be known and may be cited as the "Oklahoma Agricultural Liming Materials Act". Added by Laws 1973, c. 61, § 1, operative July 1, 1973. Amended by Laws 2001, c. 146, § 50, emerg. eff. April 30, 2001. Renumbered from § 1451 of this title by Laws 2001, c. 146, …

When used in the Oklahoma Agricultural Liming Materials Act: 1. "Agricultural liming material" means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity; 2. "Brand" means the term, designation, trademark, product name, or other specific design…

Regulations. A. Agricultural liming materials sold, offered, or exposed for sale in the state shall have affixed in a conspicuous manner on the outside of each package a plainly printed, stamped or marked label, tag, or statement, or in the case of bulk sales, a delivery slip or …

affixed to containers. A. Any agricultural liming material offered for sale, sold, or distributed in this state in bags, barrels, or other containers shall have placed on or affixed to the container in written or printed form the information required by subsection A of Section 8-…

Administrative penalty. A. No agricultural liming material shall be sold or offered for sale in this state unless it complies with provisions of the Oklahoma Agricultural Liming Materials Act or rules promulgated thereto. B. No agricultural liming material shall be sold or offere…

A. It shall be unlawful for any person to engage in the spreading of liming materials on properties belonging to others unless the person has a current vendor's license issued by the State Board of Agriculture. B. Application for a license shall be in the form prescribed by the B…

A. For the purpose of helping to defray the expenses of inspection, administering, and carrying out the provisions of the Oklahoma Agricultural Liming Materials Act, an inspection fee of ten cents ($0.10) per ton shall be paid to the State Board of Agriculture on all agricultural…

A. The State Board of Agriculture is authorized to sample, inspect, make analyses of and test agricultural liming materials distributed within this state as necessary to determine whether the agricultural liming materials are in compliance with the provisions of the Oklahoma Agri…

A. The State Board of Agriculture may issue and enforce a written or printed "stop-sale order" to the owner or custodian of any agricultural liming materials, to hold the materials at a designated place when it finds agricultural liming materials are being offered or exposed for …

This subarticle shall be known and may be cited as the Soil Amendment Act. Added by Laws 1975, c. 181, § 1, emerg. eff. May 22, 1975. Amended by Laws 2001, c. 146, § 80, emerg. eff. April 30, 2001. Renumbered from § 1701 of this title by Laws 2001, c. 146, § 255, emerg. eff. Apri…

The State Board of Agriculture shall promulgate rules necessary to administer the Soil Amendment Act, including but not limited to methods of sampling, methods of analysis, designation of ingredients, and promulgate definitions of identity of products, acceptable ingredients for …

The State Board of Agriculture shall refuse to register any product that does not comply with the Soil Amendment Act and rules promulgated thereto. The Board may revoke any registration upon satisfactory evidence that the registrant or any of its agents used fraudulent or decepti…