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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 4118 By: Hardin
AS INTRODUCED
An Act relating to agriculture; enacting the Farmer
Protection Act; providing purpose; amending 2 O.S.
2021, Sections 10-9.7, as amended by Section 1,
Chapter 239, O.S.L. 2022 , and 10-9.11 (2 O.S. Supp.
2023, Section 10-9.7), which relate to the Oklahoma
Registered Poultry Feeding Operations Act ;
establishing the exclusive enforcement jurisdiction
of the Oklahoma Department of Agriculture, Food, and
Forestry for acts or omissions rela ting to the
Oklahoma Registered Poultry Feeding Operations Act;
creating a presumption that compliance with a current
Nutrient Management Plan insulates poultry growers,
operators, integrators, and waste applic ators from
any private right of action or any collateral
enforcement; establishing that the Oklahoma
Registered Poultry Feeding Operations Act grants
statutory immunity from nuisance liability ; providing
for noncodification; providing for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
A. This act shall be known and may be cited as the Farmer
Protection Act.
B. The Legislature finds that:
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1. Oklahoma farmers are essential to the State of Oklahoma 's
economy;
2. Farmers' ability to feed both Oklahomans and the nation must
be protected while also preserving the state's environmental
resources; and
3. This act must be clarified to protect farmers from overly
burdensome and wholly unnecessary litigation aris ing from activities
and operations intended to be expressly authorized by the state and
insulated from private rights of a ction.
SECTION 2. AMENDATORY 2 O.S. 2021, Section 10-9.7, as
amended by Section 1, Chapter 239, O.S.L. 2022 (2 O.S. Supp. 2023,
Section 10-9.7), is amended to read as follows:
Section 10-9.7 A. All poultry feeding operat ions shall utilize
Best Management Practices and s hall meet the conditions and
requirements established by subsection B of this section and by
rules promulgated by the State Board of Agriculture pursuant to the
Oklahoma Registered Poultry Feeding Operation s Act.
B. The criteria for Best Management Pract ices shall be
promulgated by rules by the Board and shall include, but not be
limited to, the following when developing Nutrient Management Plans :
1. There shall be no discharge of poultry waste to waters of
the state;
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2. Stored poultry waste shal l be isolated from outside surface
drainage by covers, ditches, dikes, berms, terraces o r other such
structures;
3. 2. No waters of the state shall come into direct contact
with the poultry confined on the poultry feeding operation; and
4. 3. Poultry waste handlin g, treatment, management, and
removal shall:
a. not create an environmental or a public health hazard,
b. not result in the contamination of waters of the
state, and
c. conform to such other handling, treatment and
management and removal requirements deeme d necessary
by the Oklahoma Department of Agriculture, Food, and
Forestry to implement t he Oklahoma Registered Poultry
Feeding Operations Act and rules promulgated pursuant
thereto.
The rules promulgated by the Board pursuant to this section
shall provide for exceptions to the storage requirements for poultry
waste in emergency situations. Such exceptions shall include but
not be limited to allowing a contract poultry grower to take such
actions as are necessary to meet requirements imposed on a grower by
an integrator. In such reasonable situations growers shall be
required to take all actions feasible to prevent pollution from
stored poultry waste.
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C. Every poultry feeding operation shall have a Nutrient
Management Plan which shall include at a minimum:
1. A description of poultry waste handling procedures and
availability of equipment and type of equipment to be used;
2. The calculations and assumptions used for determining land-
application rates if land application is applicable;
3. All nutrient analysis data for soil and poultry waste
testing;
4. Legal description and latitude and longitude of lands to be
used by an operation for land application;
5. Land-application rates of p oultry waste shall be base d on
the available nitrogen and phosphorous content of the poultry waste
and shall provide controls for runoff and erosion as appropriate for
site conditions;
6. The procedures documented in the Nutrient Management Plan
shall ensure that the handling and utilization of poultry waste
complies with the following requirements:
a. adequate poultry waste storage shall be provided
consistent with rules promulgated by the Oklahoma
Department of Agriculture, Food, and Forestry pursuant
to subsection B of this sect ion,
b. poultry waste shall not be applied to land when the
ground is saturated or during rainfall events.
Poultry waste shall not be applied to land when the
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ground is frozen except in conformance with the
Nutrient Management Pl an,
c. poultry waste shall only be applied to suitable land
at appropriate times and rates. Discharge or runoff
of waste from the application site is prohibited.
Timing and rate of app lications shall be based on
assimilation capacity of the soil profile, assuming
usual nutrient losses, expected precipitation, and
soil conditions, and
d. poultry waste application shall be prohibited on land
subject to excessive erosion;
7. Records shall be maintained of all poultry wastes applied on
land owned or controll ed by the operator, and so ld or given to other
persons:
a. if the poultry waste is sold or given to other persons
for land application or other use, the poultry feeding
operation shall maintain a log of: date of removal
from the poultry feeding operation; name of recipient
the poultry waste is sold or given to; and amount in
wet tons, dry tons or cubic yards of poultry waste
removed from the poultry feeding operation, and
b. the poultry feeding operation shall make available to
the recipient any nutrient sa mple analysis of the
poultry waste from that year;
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8. Any analysis required by the provisions of the Oklahoma
Registered Poultry Feeding Operations Act or rules promulgated
thereto shall be performed by a q ualified environmental testing
laboratory certified by the Department of Environmental Quality and
approved by the Oklahoma Department of Agriculture, Food, and
Forestry; and
9. Such other information deemed necessary by the Oklahoma
Department of Agricul ture, Food, and Forestry to administer the
provisions of the Oklahoma Registered Poultry Feeding Op erations Act
and rules promulgated pursuant thereto.
D. 1. The Nutrient Management Plan for new or expanding
poultry feeding operations submitted afte r July 1, 1998, shall be
prepared by the operator or designee of the oper ator.
2. After the plan is submitted to the Oklahoma Department of
Agriculture, Food, and Forestry for review and approval i f the
Department determines that a submitted plan needs or requires any
corrections or modifications, the Department shall return the
Nutrient Management Plan to the operator for corrections.
3. For a renewal, if the Department determines the Nutrient
Management Plan needs or requires corrections or modifications, the
Department shall make appropriate corrections, app rove the plan and
notify the poultry feeding operation of the modifications.
E. 1. Except as otherwise provided in this subse ction, a
Nutrient Management Plan for every poultry feeding operation shall
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be renewed and an up dated plan shall be submitted to the Oklahoma
Department of Agriculture, Food, and Forestry every six (6) years
from the date the initial or previous plan was s ubmitted.
2. The operator shall have the op tion to submit the renewed or
updated plan through t he Department's website or a printable online
form designed by the Department.
3. A current operator may submit a one-page amendment to the
most recently submitted plan in lieu of a renewal plan through the
Department's website, if applicable. Poultry feeding operations
submitting an amendment pursuant to this subsection shall still be
subject to the soil and poultry waste testing requirements under
subsections F and G of this section. The amendment shall contain
the following statements:
a. no changes in the Department's promulgated standards
for land application of poultry waste have occurred
since the most recently submitted Nutrient Management
Plan,
b. there has been no change to the number of poultry
housed since the most recentl y submitted Nutrient
Management Plan,
c. there has been no expansion in the p oultry feeding
operation since the most recently submitted Nutrient
Management Plan, and
d. the entirety of the poultry waste is:
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(1) removed off-site as provided in the poultry
feeding operation's annual report, as required by
subsection J of this section , and will continue
to be removed off-site for the next six (6)
years, or
(2) land-applied and will continue to be land-applied
for the next six (6) years.
F. Every poultry feeding operation located in a non-nutrient-
limited watershed and non-nutrient-vulnerable groundwaters shall
perform soil testing on each land-application area and poultry waste
testing at least once every three (3) years to determine:
1. Soil pH and plant-available nutrients including, at a
minimum, nitrogen, phosphorous and potassium ;
2. Poultry waste nutrient concentrations and moisture; and
3. Application rate based upo n the Department's standards for
land application for poultry waste as promulgate d by rules.
G. Every poultry feeding operation located in a n utrient-
limited watershed and nutrient-vulnerable groundwater s hall perform
an annual soil test on each land-application area prior to the first
application of the calen dar year. Poultry waste testing shall be
performed annually prior to the first applica tion of the calendar
year. Soil and poultry waste testing shal l be performed to
determine:
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1. Soil pH and plant-available nutrients including at least
nitrogen, phosphorous and potassium;
2. Poultry waste nutrient concentrations and moisture; and
3. Application rate based upon the Department's standards for
land application of poultry waste as promulgated by rules .
H. 1. Soil and poultry waste analysis data shall be retained
by the poultry feeding operation for a min imum of six (6) years.
2. All soil and poultry waste analysis data shall be dated
prior to land application.
I. 1. Poultry feeding operations shall dev elop a plan for the
disposal of carcasses associated with normal m ortality.
2. In the event there is an outbreak of a major disease or
other emergency resulting in deaths significantly higher than normal
mortality rates, the Oklahoma Department of Agricu lture, Food, and
Forestry may approve, in writing, an alternate met hod of disposal of
carcasses or the storage of poultry waste during the emergency
period.
J. Every poultry feeding operation shall file by September 1 of
each year an annual report with t he Department regarding all poultry
waste removed from or land-applied by the facility for the period
from July 1 of the previous year through June 30 of that year. The
report shall contain the following information:
1. The date and amount of poultry wa ste removed from or land-
applied at the facility;
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2. The type of poultry waste removed or land-applied, whether a
cake out, full clean out, in-house windrow or compost, poultry waste
stack shed, or other type;
3. The county and, if applicable, the name of the Nutrient
Limited Watershed where the poultry waste was produced ; and
4. The location where the pou ltry waste is removed to:
a. if land-applied on-site, provide the following:
(1) the date of the land application,
(2) the total amount of poultr y waste land-applied in
wet tons, dry tons, or cubic yards,
(3) the name, mailing address, and telephone number
of the poultry waste applic ator, and
(4) the number of acres under the control of the
poultry feeding operation for land application of
poultry waste, or
b. if removed off-site, provide the following:
(1) the date of the removal off-site,
(2) the amount of poultry waste removed in w et tons,
dry tons, or cubic yards,
(3) the name, mailing address, and telephone number
of the person the poultry waste is sold or
transferred to,
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(4) the name, mailing address, telephone numbe r, and
poultry waste applicator lic ense number of the
poultry waste applicator, if known, and
(5) the name, mailing address, and telephone number
of the hauler of the poultry waste.
SECTION 3. AMENDATORY 2 O.S. 2021, Section 10 -9.11, is
amended to read as follows:
Section 10-9.11 A. 1. Any person violating the provisi ons of
the Oklahoma Registered Poultry Feeding Operations Act shall, upon
conviction, be guilty of a misdemeanor and may be punished by a fine
not to exceed Two Hundred Dollars ($200.00).
2. The Attorney General or the district attorney of the
appropriate district court of Oklahoma may bring an action in a
court of competent jurisdiction for the criminal prosecution of a
violation by any person of a provision of the Oklahoma Registered
Poultry Feeding Operations Act or any rule promulgated thereunder.
B. 1. In addition to the criminal penalties speci fied by this
section, the Oklahoma Department of Agriculture, Food, and F orestry
may:
a. assess an administrative penalty of not more than Two
Hundred Dollars ($200.00) per day of noncompliance, or
b. bring an action for injunctive relief granted by a
district court.
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2. A district court may grant injunctive relief to prevent a
violation of, or to comp el compliance with, any of the provisions of
the Oklahoma Registered Poultry Feeding Operations Act or any rule
promulgated thereunder or order, registrations and certificates
issued pursuant to the Oklahoma Registered Poultry Feed ing
Operations Act.
3. Nothing in this section shall preclude the Department from
seeking penalties in district court in the maximum am ount allowed by
law. The assessment of penalti es in an administrative enforcement
proceeding shall not prevent the subs equent assessment by a co urt of
the maximum criminal penalties for violations of the Oklahoma
Registered Poultry Feeding Operations Act.
4. Any person assessed an administrative pena lty may be
required to pay, in addition to such penalty amount and intere st
thereon, attorney fees and costs associated with the collection of
such penalties.
C. 1. Any action for injunctive relief to redres s or restrain
a violation by any person of the Oklahoma Registered Poultry Feeding
Operations Act, or for any rule promu lgated thereunder, or ord er
issued pursuant thereto, or recovery of any administrative penalty
assessed pursuant to the Oklahoma Registe red Poultry Feeding
Operations Act may be broug ht by:
a. the district attorney of the appropriate district
court of the State of Oklahoma,
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b. the Attorney General on behalf of the State of
Oklahoma, or
c. the Department on behalf of the State of Oklahoma.
2. The court shall have jurisdiction to determ ine the action,
and to grant the necessary or appropriate relief, includi ng but not
limited to mandatory or prohibitive injunctive relief , interim
equitable relief, and punitive damages .
3. It shall be the du ty of the Attorney General and district
attorney if requested by the Commissioner of Agriculture to bring
such actions.
D. Except as otherwise p rovided by law, administrative and
civil penalties shall be paid into the State Department of
Agriculture Regulation Revolving Fund.
E. For the purposes of t he Oklahoma Registered Poultry Feeding
Operations Act, each day upon whic h a violation is committe d or is
permitted to continue shall be deemed a separate offense.
F. Any contract poultry grower determined af ter notice and
opportunity for a hearing by the Department as flagrantly
disregarding Best Management Practices shall re sult in the
Department notifying the integrator in writing.
G. The Department shall notify all integrators of any
violations assessed a gainst an operator who is under a contract
growing arrangement with that integrator and, upon the written
request of the integrator, notify that integrator of all violations
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assessed an operator with whom the integrator contemplates entering
into a contract.
H. In addition to other penalties as may be imposed by law, any
person who knowingly makes any false statement, repr esentation or
certification form, notice or report, or who knowingly renders
inaccurate any monitoring device or method required to be m aintained
by any rule promulgated by the Board, shall, upon conviction, be
guilty of a misdemeanor and may be subject to a fine of not more
than Five Thousand Dollars ($5,000.00) for each such violation.
I. Land application of poultry litter in compliance with a
current Nutrient Management Plan shall not be the basis for criminal
or civil liability in Oklahoma, whether rel ating to that single
plan, or aggregated with the application of poultry waste purs uant
to other Nutrient Management Plans; nor shall an administrative
violation be the basis for a cr iminal or civil action; nor shall any
alleged violation be the basis for any private right of action nor
any action other than enforcement of the terms of t he Nutrient
Management Plan and other sections of thi s title by the Oklahoma
Department of Agricultu re, Food, and Forestry. A current plan means
a plan issued by the State o f Oklahoma and not yet revoked or
rescinded by the state or suspended by a more re cent plan.
1. This provision shall apply both direct ly and vicariously to
the integrator to whom a contract poultry grower contracts, as well
as to any poultry grower, oper ator, contractor of or employee for a
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certified poultry waste applicator or a poultry wa ste owner's agent
so long as the land applicatio n is performed pursuant to an d in
compliance with the current Nutrient Management Plan.
2. This provision shall apply bo th prospectively and
retroactively to any civil or criminal actions.
3. Compliance with a current Nutrient Management Plan, as
determined by the Oklahoma Department of Agriculture, Food, and
Forestry, shall create a presumption that no violation of this
section has occurred and shall insulate the poultry grower,
integrator, and waste applicator from a ny private right of action
and shall constitute "express authority" for purposes of this title
and Section 4 of Title 50 of the Oklahoma Statutes.
4. Nothing in this subsection shall restrict the Oklahoma
Department of Agriculture, Food, and Forestry 's exclusive authority
from enforcing the terms of Nutrient Management Plans or its
authority to enforce the Oklahoma Registered Poultry Feeding
Operations Act and the Oklahoma Certified Poultry Waste Applicators
Act.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
59-2-8595 JL 01/08/24