{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-10-9.11","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-10-9.11","heading":"Violations - Criminal and administrative penalties -","body":"Injunctions.\n\nA. 1. Any person violating the provisions of the Oklahoma\n\nRegistered Poultry Feeding Operations Act shall, upon conviction, be\n\nguilty of a misdemeanor and may be punished by a fine not to exceed\n\nOne Thousand Dollars ($1,000.00).\n\n2. Any owner or operator who fails to take such action as may\n\nbe reasonable and necessary to avoid pollution of any stream, lake,\n\nriver, or creek, except as otherwise provided by law, or who\n\nviolates any rule adopted by the State Board of Agriculture to\n\nprevent water pollution from poultry feeding operations pursuant to\n\nthis act shall, upon conviction, be guilty of a misdemeanor\n\npunishable for each violation by a fine not less than Five Hundred\n\nDollars ($500.00) nor more than Ten Thousand Dollars ($10,000.00),\n\nimprisonment in the county jail for not more than six (6) months, or\n\nby both such fine and imprisonment.\n\n3. The Attorney General or the district attorney of the\n\nappropriate district court of this state may bring an action in a\n\ncourt of competent jurisdiction for the prosecution of a violation\n\nby any person of a provision of the Oklahoma Registered Poultry\n\nFeeding Operations Act or any rule promulgated thereunder.\n\nB. 1. In addition to the criminal penalties specified by this\n\nsection, the Oklahoma Department of Agriculture, Food, and Forestry\n\nmay take one or more of the following actions:\n\na. assess an administrative penalty pursuant to Section\n\n2-18 of this title for each day of noncompliance\n\nrelated to administrative violations including but not\n\nlimited to late filing of paperwork or incomplete\n\npaperwork,\n\nb. assess an administrative penalty of Ten Thousand\n\nDollars ($10,000.00) for each day of noncompliance\n\nwith provisions of the user’s nutrient management plan\n\nthat has led to pollution of any stream, lake, river,\n\nor creek, or\n\nc. bring an action for injunctive relief granted by a\n\ndistrict court.\n\n2. A district court may grant injunctive relief to prevent a\n\nviolation of, or to compel compliance with, any of the provisions of\n\nthe Oklahoma Registered Poultry Feeding Operations Act or any rule\n\npromulgated thereunder or order, registrations, and certificates\n\nissued pursuant to the Oklahoma Registered Poultry Feeding\n\nOperations Act.\n\n3. Nothing in this section shall preclude the Department from\n\nseeking penalties in district court in the maximum amount allowed by\n\nlaw. The assessment of penalties in an administrative enforcement\n\nproceeding shall not prevent the subsequent assessment by a court of\n\nthe maximum criminal penalties for violations of the Oklahoma\n\nRegistered Poultry Feeding Operations Act.\n\n4. Any person assessed an administrative penalty may be\n\nrequired to pay, in addition to such penalty amount and interest\n\nthereon, attorney fees and costs associated with the collection of\n\nsuch penalties.\n\n5. Any administrative penalty required to be paid pursuant to\n\nthe provisions of this subsection shall be used to fund enforcement\n\nof the Oklahoma Registered Poultry Feeding Operations Act.\n\nC. 1. Any action for injunctive relief to redress or restrain\n\na violation by any person of the Oklahoma Registered Poultry Feeding\n\nOperations Act, or for any rule promulgated thereunder, or order\n\nissued pursuant thereto, or recovery of any administrative penalty\n\nassessed pursuant to the Oklahoma Registered Poultry Feeding\n\nOperations Act may be brought by:\n\na. the district attorney of the appropriate district\n\ncourt of this state,\n\nb. the Attorney General on behalf of this state, or\n\nc. the Department on behalf of this state.\n\n2. The court shall have jurisdiction to determine the action,\n\nand to grant the necessary or appropriate relief, including, but not\n\nlimited to, mandatory or prohibitive injunctive relief.\n\n3. It shall be the duty of the Attorney General and district\n\nattorney if requested by the Commissioner of Agriculture to bring\n\nsuch actions.\nhalf of this state, or\n\nc. the Department on behalf of this state.\n\n2. The court shall have jurisdiction to determine the action,\n\nand to grant the necessary or appropriate relief, including, but not\n\nlimited to, mandatory or prohibitive injunctive relief.\n\n3. It shall be the duty of the Attorney General and district\n\nattorney if requested by the Commissioner of Agriculture to bring\n\nsuch actions.\n\nD. Except as otherwise provided by law, administrative and\n\ncivil penalties shall be paid into the Agriculture Regulation\n\nRevolving Fund.\n\nE. For the purposes of the Oklahoma Registered Poultry Feeding\n\nOperations Act, each day upon which a violation is committed or is\n\npermitted to continue shall be deemed a separate offense.\n\nF. 1. Any contract poultry grower determined after notice and\n\nopportunity for a hearing by the Department as flagrantly\n\ndisregarding Best Management Practices shall result in the\n\nDepartment notifying the integrator in writing. Notice provided to\n\nthe integrator shall detail any remediation, education, or other\n\nmeasures the grower is required to take to prevent the furtherance\n\nof the violation and to prevent future violations. Upon receipt of\n\nsuch notice, the integrator shall respond, as prescribed by the\n\nDepartment, that a producer has received the notice and will work\n\nwith the grower to ensure compliance is achieved within thirty (30)\n\ndays. If the grower fails to achieve compliance of the terms of the\n\nnotice within thirty (30) days, the integrator shall submit\n\ncorrespondence to the Department detailing additional measures to\n\nassist the grower to achieve compliance. If the Department does not\n\napprove these additional measures or if they are approved and are\n\nnot achieved within the timeline approved by the Department, the\n\nintegrator shall issue a notice of suspension-of-delivery of birds\n\nto the grower within thirty (30) days, or give ninety (90) days’\n\nnotice of termination of the integrator-producer relationship to the\n\nproducer within thirty (30) days.\n\n2. The Department may extend the time periods for compliance\n\npursuant to this subsection upon the request of an integrator. An\n\nintegrator who fails to comply with the provisions of this\n\nsubsection shall be assessed an administrative penalty pursuant to\n\nSection 2-18 of this title.\n\n3. Nothing provided in response to or in association with a\n\nnotice given pursuant to this subsection may be used as evidence to\n\nestablish an employer-employee relationship between a grower and the\n\nintegrator with whom the grower contracts.\n\nG. The Department shall notify all integrators of any\n\nviolations assessed against an operator who is under a contract\n\ngrowing arrangement with that integrator and, upon the written\n\nrequest of the integrator, notify that integrator of all violations\n\nassessed against an operator with whom the integrator contemplates\n\nentering into a contract.\n\nH. In addition to other penalties as may be imposed by law, any\n\nperson who knowingly makes any false statement, representation or\n\ncertification form, notice or report, or who knowingly renders\n\ninaccurate any monitoring device or method required to be maintained\n\nby any rule promulgated by the State Board of Agriculture, shall,\n\nupon conviction, be guilty of a misdemeanor and may be subject to a\n\nfine not more than Five Thousand Dollars ($5,000.00) for each such\n\nviolation.\n\nI. Land application of poultry litter in compliance with a\n\ncurrent Nutrient Management Plan shall not be the basis for criminal\n\nor civil liability in this state, whether relating to that single\n\nplan, or aggregated with the application of poultry waste pursuant\n\nto other Nutrient Management Plans. An administrative violation\n\nshall not be the basis for a criminal or civil action, nor shall any\n\nalleged violation be the basis for any private right of action, nor\nNutrient Management Plan shall not be the basis for criminal\n\nor civil liability in this state, whether relating to that single\n\nplan, or aggregated with the application of poultry waste pursuant\n\nto other Nutrient Management Plans. An administrative violation\n\nshall not be the basis for a criminal or civil action, nor shall any\n\nalleged violation be the basis for any private right of action, nor\n\nany action other than enforcement of the terms of the Nutrient\n\nManagement Plan and other sections of this title by the Oklahoma\n\nDepartment of Agriculture, Food, and Forestry. A current plan means\n\na plan approved by the Oklahoma Department of Agriculture, Food, and\n\nForestry that has not been revoked or rescinded by the state or\n\nsuspended by a more recent plan.\n\n1. The provisions of this subsection shall apply both directly\n\nand vicariously to the integrator with whom a contract poultry\n\ngrower contracts, and to any poultry grower, operator, contractor\n\nof, or employee for a certified poultry waste applicator or a\n\npoultry waste owner’s agent, as long as the land application is\n\nperformed pursuant to and in compliance with the current Nutrient\n\nManagement Plan.\n\n2. Compliance with a current Nutrient Management Plan, as\n\ndetermined by the Oklahoma Department of Agriculture, Food, and\n\nForestry, shall create a presumption that no violation of this\n\nsection has occurred and shall insulate the poultry grower,\n\nintegrator, and waste applicator from any private right of action\n\nand shall constitute express authority for purposes of Section 4 of\n\nTitle 50 of the Oklahoma Statutes.\n\n3. Nothing in this subsection shall be construed to restrict\n\nthe Oklahoma Department of Agriculture, Food, and Forestry’s\n\nexclusive authority from enforcing the terms of Nutrient Management\n\nPlans or the Department’s authority to enforce the Oklahoma\n\nRegistered Poultry Feeding Operations Act and the Oklahoma Poultry\n\nWaste Applicators Certification Act.\n\n4. Nothing in this subsection shall be construed to prohibit a\n\ncivil action as otherwise provided by law for any damages caused by\n\na violation of a Nutrient Management Plan. A civil action shall\n\nonly be filed upon the completion of an enforcement action by the\n\nState Board of Agriculture.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b0833ff07ae6febb2b257a55c96d8e08b99f3741108edd803b9404b994968ec9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-10-9.10","next":"us-ok/okla.-stat.-tit.-2-2-10-9.12"},"notice":"GroundRules: Original legal text. Not legal advice."}