{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-2-4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-2-4","heading":"Powers of Board","body":"A. The State Board of Agriculture shall have the power to:\n\n1. Adopt and prescribe the use of a seal, which shall be in the\n\ncustody of the Secretary of the Board;\n\n2. Promulgate rules necessary, expedient, or appropriate to the\n\nperformance, enforcement, or carrying out of any of the purposes,\n\nobjectives, or provisions of the Oklahoma Agricultural Code;\n\n3. Initiate and prosecute administrative, civil, or criminal\n\nactions and proceedings necessary under the Oklahoma Agricultural\n\nCode;\n\n4. Appoint authorized agents to make inspections or\n\ninvestigations and to perform other services for the Board or any\n\ndivision of the Oklahoma Department of Agriculture, Food, and\n\nForestry;\n\n5. Consolidate any of the divisions established by the Oklahoma\n\nAgricultural Code, transfer any of the functions or activities to\n\nanother division, place additional functions or activities in a\n\ndivision, establish new divisions, and create new or additional\n\npositions in the Department, when conducive to a more efficient\n\nadministration and enforcement of laws pertaining to agriculture;\n\n6. Sell, exchange, or dispose of property;\n\n7. Have jurisdiction over all matters affecting animal\n\nindustry, animal health, and animal quarantine;\n\n8. Issue stop-sale and stop-use orders and quarantines;\n\n9. Employ, appoint, or contract and fix the duties and\n\ncompensation of the director of each division of the Department and\n\nother personnel, either on a full-time, part-time, or contractual\n\nbasis, as deemed necessary by the Board;\n\n10. Fix the qualifications of the personnel in the Department;\n\n11. Accept and use grants of money and other property from any\n\nsource;\n\n12. Advise, consult, cooperate, and enter into agreements or\n\ncontracts with persons as defined in the Oklahoma Agricultural Code;\n\n13. Coordinate with the federal government and other states on\n\nmatters pertaining to agriculture;\n\n14. Revoke, suspend, or deny for up to one (1) year, any\n\nlicense, permit, or charter issued by the Board if the Board finds\n\nany violations of the Oklahoma Agricultural Code or any rule of the\n\nBoard;\n\n15. Adopt a master plan and promulgate rules for the protection\n\nof state-owned and private forestry, grazing, and other lands from\n\ndamage by fire and for suppressing fires on lands. In carrying out\n\nthe master plan the Board is authorized to enter into contractual\n\nagreements with the federal government, local political subdivisions\n\nof the state, individuals, private organizations, companies, and\n\ncorporations for protection and for the suppression of fires and to\n\nexpend funds as available for these services. To effectuate the\n\npurposes of the Oklahoma Agricultural Code, the Board is authorized\n\nto enter into contractual agreements with private landowners for the\n\nprotection and suppression of fires, provided that the private\n\nlandowners reimburse the Board for actual expenses incurred in the\n\nprotection and suppression of fires on privately owned lands;\n\n16. Have jurisdiction over all matters affecting agriculture as\n\ncontained and set out in the Oklahoma Agricultural Code, which have\n\nnot been expressly delegated to another state or federal agency and\n\nbe responsible for fully implementing and enforcing the laws and\n\nrules within its jurisdictional areas of environmental\n\nresponsibility.\n\na. The Department of Environmental Quality shall have\n\nenvironmental jurisdiction over:\n\n(1) commercial manufacturers of fertilizers, grain\n\nand feed products, and chemicals, and over\n\nmanufacturing of food and kindred products,\n\ntobacco, paper, lumber, wood, textile mill, and\n\nother agricultural products,\n\n(2) slaughterhouses, but not including feedlots at\n\nthese facilities, and\nresponsibility.\n\na. The Department of Environmental Quality shall have\n\nenvironmental jurisdiction over:\n\n(1) commercial manufacturers of fertilizers, grain\n\nand feed products, and chemicals, and over\n\nmanufacturing of food and kindred products,\n\ntobacco, paper, lumber, wood, textile mill, and\n\nother agricultural products,\n\n(2) slaughterhouses, but not including feedlots at\n\nthese facilities, and\n\n(3) aquaculture and fish hatcheries, including, but\n\nnot limited to, discharges of pollutants and\n\nstorm water to waters of the state, surface\n\nimpoundments and land application of wastes and\n\nsludge, and other pollution originating at these\n\nfacilities.\n\nb. Facilities storing grain, feed, seed, fertilizer, and\n\nagricultural chemicals that are required by federal\n\nNational Pollutant Discharge Elimination System\n\n(NPDES) regulations to obtain a permit for storm water\n\ndischarges shall only be subject to the jurisdiction\n\nof the Department of Environmental Quality with\n\nrespect to storm water discharges;\n\n17. Have jurisdiction over all matters affecting the\n\nimportation, health, and quarantining of exotic livestock;\n\n18. Prescribe forms of application, certification, licenses,\n\ncharters, and other forms and blanks as may be necessary to carry\n\nout the provisions of the Oklahoma Agricultural Code;\n\n19. Stagger throughout the year the renewal dates for any\n\nlicenses or permits issued by the Department pursuant to the\n\nprovisions of the Oklahoma Agricultural Code by notifying licensees\n\nin writing of the expiration and renewal date being assigned to the\n\nlicensee and permittee and by making an appropriate adjustment in\n\nthe fee charged for the license or permit;\n\n20. Establish and collect fees for licenses, permits, charters,\n\nand services provided. The fees shall be promulgated in accordance\n\nwith the Administrative Procedures Act and shall be fair and\n\nequitable to all parties concerned;\n\n21. Establish planting and harvesting seasons for the purpose\n\nof meeting the maximum driving and on-duty time exemptions set forth\n\nin the National Highway System Designation Act of 1995. The Board\n\nshall notify the United States Secretary of Transportation of the\n\nseasons;\n\n22. Fix and adopt official standards for grading and\n\nclassifying any agricultural commodity, meat, or meat product\n\nprepared, produced, or distributed in Oklahoma;\n\n23. Promulgate rules, make investigations, and conduct hearings\n\nfor the purpose of making inspection compulsory on any agricultural\n\ncommodity and designate the shipping points where compulsory\n\ninspection applies;\n\n24. Inspect agricultural commodities, at any time, upon request\n\nof any financially interested party or when necessary and to issue\n\ncertificates showing the quality and condition of the commodities at\n\nthe time of the inspection;\n\n25. Grade meat or meat products upon the request of any packing\n\nplant in Oklahoma. The packing plant shall be required to pay the\n\ncost of services, including the compensation and expenses of\n\npersonnel employed to perform the actual grading;\n\n26. Apply to the district court for a temporary or permanent\n\ninjunction or any other remedy restraining any person from violating\n\nthe Oklahoma Agricultural Code;\n\n27. Extend and implement the powers and provisions granted by\n\nthe Oklahoma Agricultural Code to all programs administered by the\n\nDepartment regardless of whether the statutes creating the program\n\nare codified in this title;\n\n28. Increase its efforts to ensure the safety and quality of\n\nfood and food products for wholesalers and retail sales in this\n\nstate and shall include, but not be limited to, inspections of\n\nretailers and wholesalers to ensure compliance with all federal and\n\nstate certification standards;\n\n29. Exercise all incidental powers which are necessary and\n\nproper to implement and administer the purposes of the Oklahoma\n\nAgricultural Code;\n\n30. Accept upon behalf of the Department any gift or donation\nrs and retail sales in this\n\nstate and shall include, but not be limited to, inspections of\n\nretailers and wholesalers to ensure compliance with all federal and\n\nstate certification standards;\n\n29. Exercise all incidental powers which are necessary and\n\nproper to implement and administer the purposes of the Oklahoma\n\nAgricultural Code;\n\n30. Accept upon behalf of the Department any gift or donation\n\nof property, including but not limited to monetary gifts;\n\n31. Promulgate rules regarding prescribed burning and smoke\n\nmanagement;\n\n32. Enter into written leases or lease-purchase agreements to\n\nacquire equipment, furnishings, supplies and other items necessary\n\nfor the operation of the Oklahoma Department of Agriculture, Food,\n\nand Forestry Agriculture Laboratory;\n\n33. Exercise all incidental powers and promulgate rules,\n\nprocedures and forms which are necessary and proper to implement,\n\nadminister and enforce the Oklahoma Scrap Metal Dealers Act;\n\n34. Promulgate rules to ensure state control of any federal\n\nprogram relating to on-farm fruit and vegetable production\n\ninspections and regulation;\n\n35. Develop a pollinator protection plan to promote the health\n\nof and mitigate the risks to honeybees and other managed\n\npollinators;\n\n36. Issue certificates of free sale for any products or items\n\nwithin the jurisdiction of the Oklahoma Department of Agriculture,\n\nFood, and Forestry; and\n\n37. Prepare, in consultation with the Governor and the Attorney\n\nGeneral, any necessary plans, reports or other documents for\n\nsubmission to the United States Department of Agriculture for\n\napproval of the Oklahoma Industrial Hemp Program.\n\nB. 1. If upon inspection or investigation, or whenever the\n\nOklahoma Department of Agriculture, Food, and Forestry determines\n\nthat there are reasonable grounds to believe that any person is in\n\nviolation of any part of the Oklahoma Environmental Quality Code\n\nwhich is the responsibility and jurisdiction of the Oklahoma\n\nDepartment of Agriculture, Food, and Forestry, any rule promulgated\n\nby the State Board of Agriculture, or of any order, permit,\n\ncertificate, registration, charter, or license issued by the Board,\n\nthe Department may give written notice to the alleged violator of\n\nthe specific violation and of the alleged violator's duty to correct\n\nthe violation immediately or within a set time period or both and\n\nthat the failure to do so shall result in administrative fines or\n\npenalties.\n\n2. Whenever the Department finds that an emergency exists\n\nrequiring immediate action to protect the public health, welfare, or\n\nthe environment, the President of the State Board of Agriculture may\n\nwithout notice or hearing issue an order, effective upon issuance,\n\nreciting the existence of an emergency and requiring that action be\n\ntaken as specified in the order to meet the emergency. Any person\n\nto whom an order is directed shall comply immediately but may\n\nrequest an administrative enforcement hearing within fifteen (15)\n\ndays after the order is served. The hearing shall be held by the\n\nDepartment within ten (10) days after receipt of the request. On\n\nthe basis of the hearing record, the President of the Board shall\n\nsustain or modify the original order.","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":"7613e5344277f35bc1447be071536701e404b49b3319f4391a2b26e79cfe6bae","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-2-34","next":"us-ok/okla.-stat.-tit.-2-2-2-4b"},"notice":"GroundRules: Original legal text. Not legal advice."}