Okla. Stat. tit. 2, § 2-3-32.2

destruction of stock - Treatment of diseased plants - Rules and

regulations.

A. 1. The Oklahoma Department of Agriculture, Food, and

Forestry shall have the authority to inspect any orchard, fruit,

garden, park, cemetery, private premises, public place, or any place

that may be infested with a plant pest that may be a threat to

plants belonging to other property owners or the health or safety of

the general public.

2. The Department may inspect any nursery stock, shipping

documents, treatment records, sales records, or other relevant

documents of any person, whether licensed with the Department or

not, to determine the distribution of nursery stock.

3. The Department may take samples removed of nursery stock in

order to determine compliance with this subarticle. If the

Department finds that the samples are not in compliance with this

subarticle, the Department’s finding shall be considered prima facie

evidence that a violation has occurred.

B. The Department shall have the authority to issue notices of

violation, citations, compliance orders, conditional orders, stop

sales orders, stop work orders, quarantines, or any other order

authorized pursuant to the Oklahoma Agricultural Code.

C. Any nursery stock distributed, sold, or offered for sale

within this state or delivered for transportation or transported in

intrastate or interstate commerce may be seized or caused to be

destroyed by the Department in any county of the state where it may

be found if:

Oklahoma Statutes - Title 2. Agriculture Page 94

1. The nursery stock is devitalized or infested with a plant

pest and may become a threat to plants belonging to other persons or

the health, safety, or welfare of the general public; or

2. The nursery stock does not bear the proper certificate,

plant tag information, or the required inspection or shipping

information.

D. The Department shall also have the authority to order the

owner, occupant, or person in charge to take any necessary action

including, but not limited to, the proper treatment or destruction

of infested or diseased plants pursuant to the Oklahoma Agricultural

Code and the Administrative Procedures Act.

E. For the purpose of securing uniformity of rules, no city,

town, county, or other political subdivision of this state shall

adopt or continue in effect any ordinance, rule, regulation, or

statute regarding nursery stock sales or distribution that is more

stringent than the rules of the State Board of Agriculture.