Title 2, Title 2 — Agriculture

This act shall be known as the Oklahoma Agricultural Code. Laws 1970, c. 260, § 19, emerg. eff. April 22, 1970. EC=1>

Composition. The State Department of Agriculture shall consist of the State Board of Agriculture, the divisions, and other positions and offices as established by law and by the Board. Added by Laws 1955, p. 1, art. 1, § 1, emerg. eff. June 3, 1955. Amended by Laws 2000, c. 243, …

For the purposes of the Oklahoma Agricultural Code, unless the context indicates otherwise: 1. "Authorized agent" means a person who has been authorized by the State Board of Agriculture to act on behalf of the Board in making investigations, inspections, performing other service…

This act shall be known and may be cited as the “Eucha-Spavinaw Management Act”. Added by Laws 2007, c. 251, § 1, eff. July 1, 2007.

As used in the Eucha-Spavinaw Management Act: 1. “Animal waste management plan” or “AWMP” means a written plan that includes a combination of conservation and management practices designed to protect the natural resources of the state as required by the Oklahoma Department of Agr…

A. It shall be the purpose of the Eucha-Spavinaw Management Act to preserve and promote the purposes and agreements of the parties set forth in the Settlement Agreement with regard to the Eucha- Spavinaw Watershed. Provided, nothing in this act is intended or shall be construed a…

authorized to accept gifts. A. The Eucha-Spavinaw Management Act shall be administered and enforced by the State Board of Agriculture and the Oklahoma Department of Agriculture, Food, and Forestry pursuant to the Poultry Act. B. In addition to any legislative appropriation alloca…

A. The land application rate for all poultry waste in the Eucha-Spavinaw Watershed shall be specified in the animal waste management plan and shall follow the requirements and limitations of the applicable Eucha-Spavinaw phosphorous index (PI). B. Soil testing and poultry waste t…

The State Board of Agriculture shall be the official state agency in all matters related to the health of birds, hatching eggs, and in the administration of the National Poultry Improvement Plan. Added by Laws 1955, p. 93, art. 10(A), § 2. Amended by Laws 2000, c. 367, § 125, eme…

There is hereby established in the State of Oklahoma a State Poultry Show, which shall be held annually under the supervision of the Oklahoma State Poultry Federation. The show shall be held each year at a central point in the State of Oklahoma designated by the Oklahoma State Po…

The board of county commissioners of each county in the state may include in its annual estimate of needs a sum of not less than Two Hundred Fifty Dollars ($250.00) for a county poultry show, which may be placed in a separate fund to be known as the "county poultry show fund". Th…

At least sixty percent (60%) of any amount made available for the state show or any county show shall be used to pay premiums and to defray expenses for the junior division of the show. The remainder shall be used to pay premiums and to defray expenses for the adult or open divis…

In order to promote greater interest in the production of high quality broilers in the State of Oklahoma, particularly among the junior members of farm organizations, including the FFA and 4-H Clubs, there is established in the State of Oklahoma an annual state-wide broiler show.…

The State Board of Agriculture is authorized to designate the exact time and place where the state-wide broiler show shall be held and make rules governing the operation of the show and the fixing of premiums to be paid to various exhibitors. Added by Laws 1957, p. 10, § 2. Amend…

A fee not to exceed Two Dollars ($2.00) per entry at each broiler show may be charged to all exhibitors. Exhibitors under the age of eighteen (18) shall be permitted to exhibit without payment. Added by Laws 1957, p. 10, § 3. Amended by Laws 2000, c. 367, § 134, emerg. eff. June …

A maximum of eighty-five percent (85%) of the funds appropriated for the state-wide broiler show shall be used to pay premiums to junior exhibitors. Added by Laws 1957, p. 11, § 5. Amended by Laws 2000, c. 367, § 135, emerg. eff. June 6, 2000.

As used in this subarticle: 1. “Ambient temperature” means the atmospheric temperature surrounding or encircling shell eggs; 2. “Case” means thirty (30) dozen eggs or any container designed to hold thirty (30) dozen eggs; 3. “Consumer” means any person using eggs for food and inc…

A. A pack-date may be in a three-digit Julian date or a calendar date. B. An expiration date shall be used on the container, the date shall be preceded by “EXP”, “sell by”, or “use through”. Added by Laws 1985, c. 74, § 2, emerg. eff. May 20, 1985. Amended by Laws 1998, c. 272, §…

handling instruction. Shell eggs that have not been specifically processed to destroy all live salmonellae before distribution to the consumer shall require that the retail establishments include the following safe handling statement on the label of the shell egg container: SAFE …

A. Eggs at the retail level shall be refrigerated at an ambient temperature of forty-five degrees (45°) Fahrenheit or lower. Eggs shall not be allowed to freeze. B. Eggs stored at the packer's facility that are intended for sale to the consumer shall be held at a temperature in a…

The provisions of this subarticle shall apply only to eggs bought or sold for human food or consumption by humans. Added by Laws 1957, p. 6, § 2. Amended by Laws 2000, c. 243, § 44, emerg. eff. May 24, 2000. Renumbered from § 5-22 of this title by Laws 2000, c. 243, § 126, emerg.…

A. The United States Department of Agriculture egg standards of size and quality shall be used as minimum standards for the State of Oklahoma. B. Standards for egg products shall be the “Egg Products Inspection Act” (P.L. 91-597, 84 Stat. 1620 et seq.) including all amendments th…

All grading shall be performed as prescribed by the State Board of Agriculture. Added by Laws 1957, p. 6, § 4. Amended by Laws 2000, c. 243, § 46, emerg. eff. May 24, 2000. Renumbered from § 5-24 of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000.

It shall be a violation of this subarticle for any person other than those exempted in Section 10-77 of the Oklahoma Agricultural Code: 1. To sell, display for sale, or offer for sale eggs below the quality of “Oklahoma Grade B” to consumers; 2. To sell, display for sale, or offe…

prohibited. A. Oklahoma producers of eggs selling ungraded eggs from their own flock production are exempt from this subarticle. Nothing in this subarticle shall prohibit the sale of eggs produced on the farm and sold direct to the consumer. Eggs sold under this section shall be …

A. The State Board of Agriculture and authorized agents shall enforce the provisions of this subarticle. The Board shall promulgate the necessary rules to carry out the provisions of this subarticle. B. Any authorized agent of the Board may enter any place of business within the …

The State Board of Agriculture shall establish methods for selecting samples which are representative of entire lots or containers of eggs. Any sample inspected or official certificate of the grade and size of the eggs by the Board shall be prima facie evidence of the correct gra…

Inspection fee - Records - Annual audit - Report of fees due and payable. A. No person shall be issued a license to handle eggs commercially unless an application has been properly filed on a form provided by the State Board of Agriculture, and the annual license fee has been pai…

operation applications - Prohibition within certain distance upstream from Pensacola Project boundary. The Oklahoma Department of Agriculture, Food, and Forestry shall not accept or approve any pending applications requesting permits for registration, construction or expansion of…

Operations Act – Definitions. A. Sections 10-9.1 through 10-9.12 of this title shall be known and may be cited as the "Oklahoma Registered Poultry Feeding Operations Act". B. As used in Sections 10-9.1 through 10-9.23 of this title: 1. "Best Management Practices" or "BMPs" means …

Standard health precautions. A. 1. a. The State Board of Agriculture or its authorized agents are empowered to enter upon the premises of any poultry feeding operation for the purpose of investigating complaints as to the operation or to determine whether there are any violations…

Injunctions. A. 1. Any person violating the provisions of the Oklahoma Registered Poultry Feeding Operations Act shall, upon conviction, be guilty of a misdemeanor and may be punished by a fine not to exceed One Thousand Dollars ($1,000.00). 2. Any owner or operator who fails to …

A. The State Board of Agriculture shall promulgate rules for the administration, implementation, and enforcement of the Oklahoma Registered Poultry Feeding Operations Act. B. For the performance of its duties and responsibilities, the Board is authorized to employ such personnel …

Purpose. A. Sections 10-9.13 through 10-9.15 of this title shall be known and may be cited as the "Oklahoma Poultry Waste Transfer Act". The purpose of this act shall be to encourage the transfer of poultry waste out of designated nutrient-limited watersheds and nutrient-vulnerab…

A. There is hereby created in the State Treasury a fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated as the Poultry Waste Transfer Fund. The fund shall be a continuing fund not subject to fiscal year limitations and shall consist of: 1. All moni…

Certification Act. Sections 10-9.16 through 10-9.21 of this title shall be known and may cited as the "Oklahoma Poultry Waste Applicators Certification Act". Added by Laws 1998, c. 232, § 16, eff. July 1, 1998. Amended by Laws 2015, c. 313, § 13, eff. July 1, 2015.

Violation - Fees. A. It shall be unlawful and a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00) for any person to act, operate, or do business or advertise as a commercial poultry waste applicator or to land-apply poultry waste as a private pou…

A. Every certified poultry waste applicator shall file by September 1 of each year an annual report with the Oklahoma Department of Agriculture, Food, and Forestry regarding all poultry waste land-applied by such applicator for the period from July 1 of the previous year through …

Rules. 1. Prior to any land application of poultry waste by a certified poultry waste applicator, the applicator shall obtain the most recent soil and poultry waste tests as required by the Oklahoma Poultry Waste Applicators Certification Act. 2. Land application of poultry waste…

animal waste management and conservation plans. Land application of poultry waste, whether performed by a private or commercial poultry waste applicator, shall comply at all times with the provisions set forth in: 1. The Nutrient Management Plan, if application is conducted on la…

standards - Reciprocal agreements - Test samples. A. The Oklahoma Department of Agriculture, Food, and Forestry shall administer and enforce the provisions of the Oklahoma Poultry Waste Applicators Certification Act and shall promulgate rules and standards for the application of …

certificate. A. Any certificate issued pursuant to the Oklahoma Poultry Waste Applicators Certification Act may be suspended, canceled, denied, or revoked by the Oklahoma Department of Agriculture, Food, and Forestry after notice and an opportunity to be heard has been given to t…

effectiveness of curriculum. The Oklahoma Cooperative Extension Service shall provide to the Secretary of the Environment no later than January 31 of each year a written report of their educational activities involving poultry operators and waste applicators pursuant to this act.…

There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated the "Agriculture Regulation Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consi…

The provisions of this act are severable and if any part or provision shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act. Added by Laws 1998, c. 232, § 26, eff. July 1, 1998.

A. 1. It shall be unlawful for any person to construct or operate a new poultry feeding operation without having first registered with the State Board of Agriculture. 2. The owner or operator of a poultry operation not classified as a poultry feeding operation may register if suc…

upon waste exceeding certain limit - Reregistration upon certain increase in waste. A. Every poultry feeding operation shall be required to register annually to operate pursuant to the Oklahoma Registered Poultry Feeding Operations Act and rules promulgated pursuant thereto. B. 1…

information and records required - False statements, etc. - Penalty - Notice upon changing integrators - Waste management educational training. A. The State Board of Agriculture shall provide the necessary forms and applications for any person desiring or required to register a p…

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated the "Poultry Waste Education Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall c…

management plans - Soil testing - Carcass disposal plan. A. All poultry feeding operations shall utilize Best Management Practices and shall meet the conditions and requirements established by subsection B of this section and by rules promulgated by the State Board of Agriculture…