{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-3-32.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-3-32.2","heading":"Inspections - Notices of violations - Seizure or","body":"destruction of stock - Treatment of diseased plants - Rules and\n\nregulations.\n\nA. 1. The Oklahoma Department of Agriculture, Food, and\n\nForestry shall have the authority to inspect any orchard, fruit,\n\ngarden, park, cemetery, private premises, public place, or any place\n\nthat may be infested with a plant pest that may be a threat to\n\nplants belonging to other property owners or the health or safety of\n\nthe general public.\n\n2. The Department may inspect any nursery stock, shipping\n\ndocuments, treatment records, sales records, or other relevant\n\ndocuments of any person, whether licensed with the Department or\n\nnot, to determine the distribution of nursery stock.\n\n3. The Department may take samples removed of nursery stock in\n\norder to determine compliance with this subarticle. If the\n\nDepartment finds that the samples are not in compliance with this\n\nsubarticle, the Department’s finding shall be considered prima facie\n\nevidence that a violation has occurred.\n\nB. The Department shall have the authority to issue notices of\n\nviolation, citations, compliance orders, conditional orders, stop\n\nsales orders, stop work orders, quarantines, or any other order\n\nauthorized pursuant to the Oklahoma Agricultural Code.\n\nC. Any nursery stock distributed, sold, or offered for sale\n\nwithin this state or delivered for transportation or transported in\n\nintrastate or interstate commerce may be seized or caused to be\n\ndestroyed by the Department in any county of the state where it may\n\nbe found if:\n\n1. The nursery stock is devitalized or infested with a plant\n\npest and may become a threat to plants belonging to other persons or\n\nthe health, safety, or welfare of the general public; or\n\n2. The nursery stock does not bear the proper certificate,\n\nplant tag information, or the required inspection or shipping\n\ninformation.\n\nD. The Department shall also have the authority to order the\n\nowner, occupant, or person in charge to take any necessary action\n\nincluding, but not limited to, the proper treatment or destruction\n\nof infested or diseased plants pursuant to the Oklahoma Agricultural\n\nCode and the Administrative Procedures Act.\n\nE. For the purpose of securing uniformity of rules, no city,\n\ntown, county, or other political subdivision of this state shall\n\nadopt or continue in effect any ordinance, rule, regulation, or\n\nstatute regarding nursery stock sales or distribution that is more\n\nstringent than the rules of the State 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":"ab6c9f8010e21c7aec4de252159781a26895c41284abc82c9da1aa7de01e28d6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-3-32.1","next":"us-ok/okla.-stat.-tit.-2-2-3-32.3"},"notice":"GroundRules: Original legal text. Not legal advice."}
