Okla. Stat. tit. 2, § 2-3-220

A. 1. The plants musk thistle (Carduus nutans L.), Scotch

thistle (Onoprodum acanthium L.), and Canada thistle (Cirsium

arvense) are designated as noxious weeds. The Legislature finds

that these thistles are a public nuisance in all counties across

this state.

2. It shall be the duty of every landowner in each county to

treat, control, or eradicate all Canada, musk, or Scotch thistles

growing on the landowner’s land every year as shall be sufficient to

prevent these thistles from going to seed.

Oklahoma Statutes - Title 2. Agriculture Page 150

3. The Department of Transportation, the boards of county

commissioners, and any other public, private, or corporate entity

who shall maintain rights-of-way in the State of Oklahoma shall be

responsible for removing any thistle infestation that occurs within

their jurisdiction.

4. Failure of the landowner to treat, eradicate, or control all

musk, Canada, or Scotch thistle may result in a fine not to exceed

One Thousand Dollars ($1,000.00) for each violation per day.

5. Upon written complaint, the State Department of Agriculture

shall inspect the type of thistle infestation, assess the nature and

extent of the thistle infestation on the property of the landowner

and determine the most appropriate thistle treatment, control, or

eradication method available for the type of thistle and location of

the property.

B. The Board shall:

1. Promulgate rules setting categories or degrees of

infestation which would require specified treatment, control, or

eradication;

2. Include musk, Scotch, and Canada thistles as prohibited

noxious weed and weed seed pursuant to the Department’s authority

and responsibility under Article 8 of the Oklahoma Agricultural

Code;

3. By November 1, 2000, and annually thereafter prior to the

growing season of musk, Scotch, and Canada thistles, complete an

annual survey detailing the degree of infestation of these thistles

across the state. The results of these surveys shall be reported to

Oklahoma State University; and

4. In all counties of this state, provide information to

newspapers of general circulation stating that musk, Scotch, and

Canada thistles are a public nuisance and that it is the duty of

every public, private, or corporate landowner to treat, control, or

eradicate these thistles growing on any property owned by the

landowner. The information shall be provided at the beginning of

the cycle of growth of the musk, Scotch, and Canada thistles and at

other times as necessary to inform landowners of the provisions of

this subsection. The information material shall also include:

a. information detailing the process by which an

interested landowner may receive assistance pursuant

to this subsection for the removal of thistles from

infested property,

b. the telephone number of the Department, and

c. a statement informing the landowner that failure to

remove musk, Scotch, and Canada thistles may subject

the landowner to legal action requiring the treatment,

control, or eradication of these thistles.

C. Upon request of the landowner or the Department, the

designated Oklahoma State University extension agent for a

Oklahoma Statutes - Title 2. Agriculture Page 151

particular county shall evaluate or, if there is no extension agent

for a particular county, the Department shall inspect the type of

thistle infestation, assess the nature and extent of the thistle

infestation on the property of the landowner, and determine the most

appropriate thistle treatment, control, or eradication method

available for the type of thistle and location of the property.