Okla. Stat. tit. 2, § 2-2-4

A. The State Board of Agriculture shall have the power to:

Oklahoma Statutes - Title 2. Agriculture Page 44

1. Adopt and prescribe the use of a seal, which shall be in the

custody of the Secretary of the Board;

2. Promulgate rules necessary, expedient, or appropriate to the

performance, enforcement, or carrying out of any of the purposes,

objectives, or provisions of the Oklahoma Agricultural Code;

3. Initiate and prosecute administrative, civil, or criminal

actions and proceedings necessary under the Oklahoma Agricultural

Code;

4. Appoint authorized agents to make inspections or

investigations and to perform other services for the Board or any

division of the Oklahoma Department of Agriculture, Food, and

Forestry;

5. Consolidate any of the divisions established by the Oklahoma

Agricultural Code, transfer any of the functions or activities to

another division, place additional functions or activities in a

division, establish new divisions, and create new or additional

positions in the Department, when conducive to a more efficient

administration and enforcement of laws pertaining to agriculture;

6. Sell, exchange, or dispose of property;

7. Have jurisdiction over all matters affecting animal

industry, animal health, and animal quarantine;

8. Issue stop-sale and stop-use orders and quarantines;

9. Employ, appoint, or contract and fix the duties and

compensation of the director of each division of the Department and

other personnel, either on a full-time, part-time, or contractual

basis, as deemed necessary by the Board;

10. Fix the qualifications of the personnel in the Department;

11. Accept and use grants of money and other property from any

source;

12. Advise, consult, cooperate, and enter into agreements or

contracts with persons as defined in the Oklahoma Agricultural Code;

13. Coordinate with the federal government and other states on

matters pertaining to agriculture;

14. Revoke, suspend, or deny for up to one (1) year, any

license, permit, or charter issued by the Board if the Board finds

any violations of the Oklahoma Agricultural Code or any rule of the

Board;

15. Adopt a master plan and promulgate rules for the protection

of state-owned and private forestry, grazing, and other lands from

damage by fire and for suppressing fires on lands. In carrying out

the master plan the Board is authorized to enter into contractual

agreements with the federal government, local political subdivisions

of the state, individuals, private organizations, companies, and

corporations for protection and for the suppression of fires and to

expend funds as available for these services. To effectuate the

purposes of the Oklahoma Agricultural Code, the Board is authorized

to enter into contractual agreements with private landowners for the

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protection and suppression of fires, provided that the private

landowners reimburse the Board for actual expenses incurred in the

protection and suppression of fires on privately owned lands;

16. Have jurisdiction over all matters affecting agriculture as

contained and set out in the Oklahoma Agricultural Code, which have

not been expressly delegated to another state or federal agency and

be responsible for fully implementing and enforcing the laws and

rules within its jurisdictional areas of environmental

responsibility.

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 agricultural products,

(2) slaughterhouses, but not including feedlots at

these facilities, and
responsibility.

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 agricultural products,

(2) slaughterhouses, but not including feedlots at

these facilities, and

(3) aquaculture and fish hatcheries, including, but

not limited to, discharges of pollutants and

storm water to waters of the state, surface

impoundments and land application of wastes and

sludge, and other pollution originating at these

facilities.

b. Facilities storing grain, feed, seed, fertilizer, and

agricultural chemicals that are required by federal

National Pollutant Discharge Elimination System

(NPDES) regulations to obtain a permit for storm water

discharges shall only be subject to the jurisdiction

of the Department of Environmental Quality with

respect to storm water discharges;

17. Have jurisdiction over all matters affecting the

importation, health, and quarantining of exotic livestock;

18. Prescribe forms of application, certification, licenses,

charters, and other forms and blanks as may be necessary to carry

out the provisions of the Oklahoma Agricultural Code;

19. Stagger throughout the year the renewal dates for any

licenses or permits issued by the Department pursuant to the

provisions of the Oklahoma Agricultural Code by notifying licensees

in writing of the expiration and renewal date being assigned to the

licensee and permittee and by making an appropriate adjustment in

the fee charged for the license or permit;

20. Establish and collect fees for licenses, permits, charters,

and services provided. The fees shall be promulgated in accordance

with the Administrative Procedures Act and shall be fair and

equitable to all parties concerned;

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21. Establish planting and harvesting seasons for the purpose

of meeting the maximum driving and on-duty time exemptions set forth

in the National Highway System Designation Act of 1995. The Board

shall notify the United States Secretary of Transportation of the

seasons;

22. Fix and adopt official standards for grading and

classifying any agricultural commodity, meat, or meat product

prepared, produced, or distributed in Oklahoma;

23. Promulgate rules, make investigations, and conduct hearings

for the purpose of making inspection compulsory on any agricultural

commodity and designate the shipping points where compulsory

inspection applies;

24. Inspect agricultural commodities, at any time, upon request

of any financially interested party or when necessary and to issue

certificates showing the quality and condition of the commodities at

the time of the inspection;

25. Grade meat or meat products upon the request of any packing

plant in Oklahoma. The packing plant shall be required to pay the

cost of services, including the compensation and expenses of

personnel employed to perform the actual grading;

26. Apply to the district court for a temporary or permanent

injunction or any other remedy restraining any person from violating

the Oklahoma Agricultural Code;

27. Extend and implement the powers and provisions granted by

the Oklahoma Agricultural Code to all programs administered by the

Department regardless of whether the statutes creating the program

are codified in this title;

28. Increase its efforts to ensure the safety and quality of

food and food products for wholesalers and retail sales in this

state and shall include, but not be limited to, inspections of

retailers and wholesalers to ensure compliance with all federal and

state certification standards;

29. Exercise all incidental powers which are necessary and

proper to implement and administer the purposes of the Oklahoma

Agricultural Code;

30. Accept upon behalf of the Department any gift or donation
rs and retail sales in this

state and shall include, but not be limited to, inspections of

retailers and wholesalers to ensure compliance with all federal and

state certification standards;

29. Exercise all incidental powers which are necessary and

proper to implement and administer the purposes of the Oklahoma

Agricultural Code;

30. Accept upon behalf of the Department any gift or donation

of property, including but not limited to monetary gifts;

31. Promulgate rules regarding prescribed burning and smoke

management;

32. Enter into written leases or lease-purchase agreements to

acquire equipment, furnishings, supplies and other items necessary

for the operation of the Oklahoma Department of Agriculture, Food,

and Forestry Agriculture Laboratory;

33. Exercise all incidental powers and promulgate rules,

procedures and forms which are necessary and proper to implement,

administer and enforce the Oklahoma Scrap Metal Dealers Act;

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34. Promulgate rules to ensure state control of any federal

program relating to on-farm fruit and vegetable production

inspections and regulation;

35. Develop a pollinator protection plan to promote the health

of and mitigate the risks to honeybees and other managed

pollinators;

36. Issue certificates of free sale for any products or items

within the jurisdiction of the Oklahoma Department of Agriculture,

Food, and Forestry; and

37. Prepare, in consultation with the Governor and the Attorney

General, any necessary plans, reports or other documents for

submission to the United States Department of Agriculture for

approval of the Oklahoma Industrial Hemp Program.

B. 1. If upon inspection or investigation, or whenever the

Oklahoma Department of Agriculture, Food, and Forestry determines

that there are reasonable grounds to believe that any person is in

violation of any part of the Oklahoma Environmental Quality Code

which is the responsibility and jurisdiction of the Oklahoma

Department of Agriculture, Food, and Forestry, any rule promulgated

by the State Board of Agriculture, or of any order, permit,

certificate, registration, charter, or license issued by the Board,

the Department may give written notice to the alleged violator of

the specific violation and of the alleged violator's duty to correct

the violation immediately or within a set time period or both and

that the failure to do so shall result in administrative fines or

penalties.

2. Whenever the Department finds that an emergency exists

requiring immediate action to protect the public health, welfare, or

the environment, the President of the State Board of Agriculture may

without notice or hearing issue an order, effective upon issuance,

reciting the existence of an emergency and requiring that action be

taken as specified in the order to meet the emergency. Any person

to whom an order is directed shall comply immediately but may

request an administrative enforcement hearing within fifteen (15)

days after the order is served. The hearing shall be held by the

Department within ten (10) days after receipt of the request. On

the basis of the hearing record, the President of the Board shall

sustain or modify the original order.